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Home My WebLink About1992 04-27 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 27, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: a. April 13, 1992 - Regular Session 8. Proclamation: *a. Declaring May, 1992 as Arbor Month in Brooklyn Center 9. Planning Commission Item: (7:10 p.m.) a. Planning Commission Application No. 92007 submitted by Budgetel is a request for approval of a variance from Section 35 -400 of the Zoning Ordinance to allow a storage accessory building 3' from the right -of -way line of Shingle Creek Parkway -This application was recommended for approval by the Planning Commission at its meeting on April 16, 1992. 10. Discussion Items: a. Staff Recommendation to Establish Fees: For Processing Final Plats and for Vacation of Streets, Alleys, or Easements b. Report on Status of Contract for Reconstruction of 69th Avenue C. Community Center Pool - Lap Lane Policy d. Legislative Update e. Joint Meeting with City of Brooklyn Park f. HRG 1991 Recycling Accomplishments and 1992 Goals CITY COUNCIL AGENDA -2- April 27, 1992 g. Ad Hoc Committee Appointment Criteria and Water Management Task Force Appointments 11. Resolutions: *a. Establishing Improvement Project No. 1992 -12, Purchase of Property at 4100 51st Avenue North, Appropriating Funds Therefore, and Authorizing City Manager to Negotiate for the Purchase Thereof *b. Accepting Proposal to Convert Electrical Service Lines from Overhead to Underground, 69th Avenue Reconstruction Improvement Project No. 1990 -10 -Under this proposal, the City's contractor would make the in -house changes required to allow the electrical service lines from six houses on 69th Avenue to convert from overhead to underground electrical service, as directed by the City Council on January 13, 1992. This proposal also includes making the needed changes to the electrical service connections to the water tower at 69th and France, and to the lift station located on West Palmer Lake Drive, to allow those service lines_ to be placed underground. *c. To Authorize Entering into a Check Collection Agreement *d. To Commend LOGIS for Winning a High- Technology Award for Long Term Cost Savings *e. Accepting Quotes and Authorizing the Purchase of 1,200 Feet of Fire Hose - Appropriation approved in 1992 fire department budget. *f. Accepting Quotes and Authorizing the Purchase of 20 Scott Air Tanks for the Self - Contained Breathing Apparatus - Appropriation approved in 1992 fire department budget. *g. Approving Agreement No. P.W. 22 -02 -92 with Hennepin County, Providing for Cost Participation in the Revision of Traffic Control Signal System at Brooklyn Boulevard and 69th Avenue *h. Accepting Bids and Authorizing Purchase of One (1) Extended Body Mini Passenger Van *i. Resolution and Consent Order Imposing Civil Penalty on Lynbrook Bowl and Amending the 1991 Budget *j. Amending Subdivision 11 of Resolution No. 91 -115 Regarding Financial Task Force Term *12. Licenses 13. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date Ayril 27.1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF APRIL 13, 1992 - REGULAR SESSION DEPT. APPROVAL: a, Patti A. Page, Deputy City Clerk , ssssss* s*** ss*** s***** x********************** s*************.? �c * * * *?k *: * * *eirSKxK * *s ** MANAGERS REVIEW/RECOMAUNDATION: No comments to supplement this report Comments below /attached SUABI[ARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 13, 1992 CITY HALL CA LL TO ORDER Th. Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7.03 p.m. ROL" iwayor _ALL Paulson, Councilmembers Dave Rosene, and Philip Cohen. Excused were C ouncilmembers Celia Scott and Jerry Pedlar, Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of P:u:tninn, and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPE NING CEREMONIES Dian Nyquist offered the invocation QP E.N FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, ho continued with the regular agenda items. _C_Q VNCIL REPORTS Thcre were no Council reports. APPROVAL OF AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. He requested that items 10a, 10c and 10s be removed. APPR OVAL OF MINUTES MARCH 2, 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Counciln Cohen to approve the minutes of March 23, 1992, regular session as printed. The motion passed unanimously. 4/13/92 - 1 - MARQ 30, 1992 - SPECIAL S E_ S ION There was a motion by Councilmember Rosene and seconded by Councilmr;xnber Colien to approve the minutes of March 30, 1992, special session as printed. The motion passed unanimously. PR N Mternbcr Dave Rosene introduced the following proclamation and moved its adoption: rROCL -VI ATION DECLARING APRIL 26-MAY 2 1992, AS BROOKLYN CENTER VOLUINTEER RECOGNITION WEEK ThIc motion for the .adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLT TTI_ONS RE-S QLUTIQN NQ. 92 -6 5 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS QF 1992, FIXING FORM AND ? ERNIS THEREOF AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. R ESOLUTION NO, 92 -66 Nfenibcr Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CONSTRUCTION OF WELLHOUSE NO. 10, IMPROVEMENT FROJ EC`F NO. 1990-16, CONTRACT 1990 -G The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. R ESOLUTION NO. 92 -67 Memhcr Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 3 SAND REMOVAL, IMPROVEMENT PROJECT NO. 1992 -05, CONTRACT 1992 -A The motion for the adoption of the foregoing resolution was duly seconded by member Pl<ilip Cohen. The motion passed unanimously. 4 - 2, RES ION NO, 92 -68 N41cr. - ilcr Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AC WO AND APPROVING FINAL PAYMENT FOR CC OR `YVELL NO. 7 MAINTENANCE, IMPROVEMENT PROJECT NO. 1992 -06 i ho _►action for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOL N NO. 92 -69 MC.Y ber Dave Rmv nc introduced the following resolution and moved its adoption: RL'SOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL, AWARDING CONTRACT AND APPROPRIA FUNDS FOR SECURITY IMPROVEMENT AT POLICE DEPARTMENT RECEPTION COUNTER, IMPROVEMENT PROJECT NO. 1992 -07, CONTRACT 1992 -F The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, The motion passed unanimously. RE SOLU TION NO. 92 -70 IM'elnber Da vc R o5c ne introduced the following res o lution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1992 SE.�LCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G The motion for the adoption of the foregoing resolution was duly seconded by member Fhilip Cohen, The motion passed unanimously. RESOLUTION NO. 92-71 lti'Meinber Dave R.oscnc introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR AERIAL BUCKET AND CHIPPER BOX ��c motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLU NO. 92 -72 Mumber Dave Rosenc introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PUBLIC UTILITY FEE SCHEDULE RELATING TO METER RENTALS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 410/92 -3- •_•_ - � - - -+v_ _.. ___ -. i.]11i .J - L L.1L1\ jl).f RE DL- UTIC)N NO 92 -73 i Darc Rosonc introduced tho following resolution and moved its adoption: R' ESOL UTION REGARDING LEGISLATION ADOPTING NEW FINANCING TOOLS FOR REDEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen- The motion passed unanimously. N N 92 -74 hlc?ribor Dave Roscnc introduced th fallowing resolution and moved its adoption: R 'SOLUTION DECLARING SURPLUS PROPERTY Tn-. motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. T T 7 T n l ?C Member I�c ttdsGnc introduced the tollowm$ resolution anti movea i aaoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO ACCEPT A GRANT IN SUPPORT OF THE RESIDENTIAL REFORESTATIQN PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. LI C EN�� ': here was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the following list of licenses: FCC OD E STABLISHMENT Applebee's 1347 Brookdale Center Baskin Robbins 1277 Brookdale Center Beacon Bowl 6525 Lyndale Avenue North Brcaktirne Services 6660 Shingle Creek Parkway Bridgeman's Restaurant 6201 Brooklyn Boulevard Brookdale Covenant Church 5139 Brooklyn Boulevard Chuck Wagon Grill 5720 Morgan Avenue North Country Club Market 5715 Morgan Avenue North eiiny Craig Weight Loss Center 5951 Earle Brown Drive Donut Delight 5838 Humboldt Avenue North Hickory Farms Brookdalc Center Holiday #504 6549 Brooklyn Boulevard Holiday Inn 2200 Freeway Boulevard 4/1 3/92 -4- �' :' C 1 ES T ABLIS MENT (CONTINUED) henracky Fried Chicken 5512 Brooklyn Boulevard Nil's Superette 1505 69th Avenue North I Potato 2 1319 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue North Subs Etc, 6048 Shingle Creek Parkway Subway.. 1345 Brookdale Mall S " r IY7h North Ou vtY .vi19WO Sgcr.Atnerica 1901 57th Avenue North Target 6100 Shingle Creek Parkway U.A. Theatre 58OU Shingle Creek Parkway Ycn Ching Mandarin Restaurant 5900 Shinglc Creek Parkway 1ECHANICAL SYSTEMS Air Comfort Inc, 3944 Louisiana Circle Blaine Htg. A/C &. Electric 13562 Central Avenue NE Fostrom Sheet Metal Works, Inc. 785 Curfew Strcct Delmar Furnace Exchange 4080 83rd Avenue North Di;ter, Inc,. 820 Tower Drive E. ,,cel Air Systems ZU75 Prosperity Read Faircon Service 2668 Pattton Road Mare Htg. & A/C Inc. 664 Mendelssohn Avenue North Gas Supply, Inc. 2238 Edgewood Avenue South Gcneral Sheet Metal Corporation 2330 Louisiana Avenue North Golden Valley Htg. & A/C 5182 West Broadway Nome Energy Center 14505 21st Avenue North Horwitz Mechanical Inc. 5000 North Highway 169 Kleve Htg. & A/C Inc. 13075 Pioneer Trail Maw e Grove Htg, & A/C 401 County Road 81 ?Milts Gas Heating Service Inc. 2500 Longview Drive Minnegasco 201 S. Seventh Street Minnesota Heating & A/C 6908 Georgia Avenue North NewMech Companies, Inc, 1633 Eustis Street Noel's Htg. & A/C, Inc. 4920 Zachary Lane P & H Services Company 205 73rd Avenue North Pete's Repair, Inc, 8835 X lon Avenue North p Y Pride Mechanical Inc. 3025 NE Randolph Street Riccar Mg. & A/C 2387 136th Avenue NW Rein's Mechanical 1812 East Shakopee Avenue Royalton Htg. & Cooling Co. 4120 85th Avenue North Sedgwick Htg, & A/C Co. 8910 Wentworth Avenue South Superior Contractors, Inc. 6121 42nd Avenue North Fred Vogt & Co., Inc. 3260 Gorham Avenue Yale Inc. 9649 Girard Avenue North 4/13/92 -5- ` VJHICLE DEALERSHIP l= rookdale Chrysler Plymouth 6121 Brooklyn Boulevard Drool -dale Pontiac 6801 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard North Star bodge Center 6800 Brooklyn Boulevard D ENTAL DWULLINGS Initial:. . Alchemedes Investment Co. Brookwood Manor Z & S Welsh Company Shingle Creek Apts, Douglas G. Finch 6637 Xerxes Pl. North The Menninger Clinic 6012 Zenith Avenue North Renewal: Brookdale Towers Program Brookdale Towers The Gaughan Companies Victoria Townhouses C. J. Schaber 5956 Beard Avenue North Howard and Harriet Oien 5801 Brooklyn Boulevard Robert and Marilyn Cashman 5622 Emerson Avenue North Eugene L. Temple 4207 Lakeside Avenue North, #235 Anna Gullord 5328 - 30 Queen Avenue North Kenneth R..Iohnson 5301 Winchester Lane Joseph and Patricia Simon 2913 64th Avenue North Tire and Wendy Romashko 3300 64th Avenue North Valerie Blount 1316 68th Lane North IONHA DeMars Signs 4040 Marshall Street NE Leroy Signs, Inc. 6325 Welcome Avenue North Suburban Lighting Inc. 6077 Lake Elmo Avenue North S WIM ING POOL Brookdale Ten Apts. 3305 -3433 53rd Avenue North_ Days Inn 1501 Freeway Boulevard Earle Brown Farm Apts, 1701 -07 69th Avenue North Holiday Inn 2200 Freeway Boulevard TAxI , Town Taxi 2500 Washington Avenue North #144 The motion passed unanimously. 413/92 -6- � iSCUSSION ITEMS AVNf P_RI MPLIANCt il City Manager explained the Americans with Disabilities Act (ADA) is civil rights I designed to improve access to jobs and work places for people with disabilities. The ADA accomplishes this goal by setting standards for employment policies and practices as w .11 as for premises of public accommodations and commercial buildings. Due to the length and complexity of this document, staff recommended the City work with Julee Quarve Peterson of JQp, Inc. In response to Councilmember Cohen's question, the Personnel Coordinator indicated the cot!Sultant, if hired,. would inspect the City's facilities and properties regarding code compliance issues to determine whether the City complies with ADA- If noncompliance is found, the consultant will make specific written recommendations. Reaching compliance may involve some additional costs. Also, the consultant will be a valuable information resource retarding vendors and accessibility of City programs and services. The Personnel C, then reviewed the consultant's qualifications and past experience with program corivliance issues. She added the consultant services would not include specific employment issu s such as application or job description updates. It was noted the ADA became cffcc ive in 1992 and noncompliance was subject to action by the federal government. Ccuncilmember Rosene questioned consulting services that may be available at the end of the contract. The Personnel Coordinator felt the consultant would be willing to supply answers and/or information of a simple nature, but more complex situations may require another agreement, She added Ms. Peterson has already been a valuable resource for staff. Counc?lmember Rosene indicated he felt the need for this service had been well documented by staff. ? -layor Paulson asked if there were other providers for this service. The Personnel Director explained Staff did look at other sources but were unable to find one vendor with all of these qualifications. T"ne City Manager presented a Resolution Amending the 1992 General Fund Budget and Authorizing the City Manager to Enter into an Agreement for Consulting Services Related to the Americans with Disabilities Act. F .ES)L i 1 TIQN NOS Membcr Dave Rascne introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND AU"FHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSr ]LTING SERVICES RELATED TO THE AMERICANS WITH DISABILITIES F.G f The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 -7- L 0 . 15L.ATIVE UPDATE The City Manager indicated the proposed resolution would oppose a proposed redistricting plan (plan 2) of Metro Council member districts since Brooklyn Center would be separated fre its ti ditional community of interest, which was the northwest suburbs. LuUmcil.rember Cohen provided a brief update regarding a recent legislative hearing on this matter. He concurred with the City Manager's comments and felt adoption of plan #2 , , nould result in an injustice to northern suburbs. Councilmember Cohen pointed out the legislation which established the Metropolitan Council created districts representing communities of interest, and the proposed redistricting would fracture this structure. EF SOLUTI N NO, 92 -77 Mcn.ber Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING BROOKLYN CENTER'S POSITION ON METRO COUNCIL REDISTRICTINQ The motion for the adoption of the foregoing resolution was duly seconded by member Fl:ilip Cohen. The motion passed unanimously. The City Manager reported it appears the Legislature may extend the 6.5% sales tax to local governments which would impact the General Fund by $170,000 to $180,004. While this was not as great an impact as the Governor's original proposal, it was still a significant amount. The Utility Funds may also be subject to this proposal. Councilmember Cohen reported on the Senate Tax Conference Committee's rulings. He commented local government aid was not being used as promoted, as a trust fund, but by the State as a way to finance items which may even include pension plans in Minneapolis and state -wide. He felt LGA would be eliminated in the near future. Councilmcmber Cohen then reported that under Representative Carruthers' leadership, legislation was introduced to provide a 1.5% liquor and restaurant sales tax for use in housing and rWdevelopmcnt. This legislation was currently being heard by committee. APPOINTMENT OF CITIZEN MEMBERS TO THE WATER MANAGEMENT PLAN The City Manager indicated on January 27, 1992, Council approved a contract with Bonestroo, Rosene, Anderlik and Associates (BRAA) for engineering services relating to the development of a water management plan for the City. It was also proposed by staff that a Water Management Task Force be appointed consisting of representatives from BRRk& City staff and residents. He then reviewed names and qualifications for five citizens nominated by City staff. C -3uncil in, ember Rosene commented while he had no problem with the names submitted, he felt more comfortable with opening the application process to others who muy be interestcd 4/13/92 -8- in applying. Mayor Paulson concurred indicating he would Like to see more people involved atd also assure gender balance. He suggested the matter be tabled to allow the applicdtiuit p rLfi ss to be opened to all residents, Councilmember Cohen felt the same format used for other commissions be considered including by- laws, length of term, etc. He suggested staff develop a policy regarding these iss „es. Mayor Paulson expressed an interest in working with staff to develop this policy. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to table appointment of citizen members to the Water Management Plan Task Force, direct staff to develop a policy for rectipt of applications, appointment, by -laws for operation and le°:gih of rerm for AdHoc Task Forces with Council review at their April 27, 1992, meeting. The motion passed unanimously. RF-FD T ON EARLE BROWN BOWL OUTDOOR ACTIVITIES ��c L ..4. C; Uity Manager explained last year the Council approved a special use permit betwccn May 1 and Labor Day for an outdoor dining area and an outdoor volleyball court at the Earle Brown Bowl. A condition of approval included a review in one year. The Planning Commission reviewed the use and recommend approval of the continuance of the special uS�; p-cm, it subject to compliance with the original 11 conditions. Councilmember Rosene concurred with this recommendation and indicated he had reviewed the operation and felt it was an asset to the community. Tlti City Manager indicated Council action regarding the special use permit was not necessary unless they want to take specific action to revoke it. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to accept staffs report regarding the Earle Brown Bowl outdoor activities. The motion passed unanimously. F?ESOLUTION PASSED BY BROOKLYN CEN'T'ER CHAMBER OF COMMERCE REGARI2INO AN ORDINANCE LIMITING HQURS OF OPERATION FOR COMMERCIAL BUSINESSES The City Manager indicated the Brooklyn Center Chamber of Commerce has adopted a resolution regarding the City's ordinance limiting hours of operation for commercial businesses. They were requesting the Council analyze the need for buffers between 24 hour commercial operations and residential areas as part of the comprehensive business redevelopment, retention, and expansion plan and to delay passage of any ordinance limiting hours of operation prior to the complction of this plan. Councilmember Cohen felt it was a positive step forward to involve the Chamber of Commerce, and he appreciated their expression of interest. He suggested the Council accept their resolution and take no further action to remove this item from the table. 4/13/92 1 Councilmember Rosene questioned the process for analyzing the need for buffers. The City Manager explained this issue will be. addressed by the City's consultant in the Brooklyn 0 Eculevard Study. Traditionally, this type of item was reviewed by the Planning Commission fo their regriew and recommendation, T"nere was a motion by Councilmember Cohen and seconded by Councilmember Rosene to accept the resolution adopted by The Brooklyn Center Chamber of Cfnlinerce regarding An Ordinance Limiting Hours of Operation for Commercial Businesses. The motion passed unanimously. RE (CONTINUED The City Manager presented a Resolution Approving the Engagement of Consultant r'ices for the Recruitment of a Police Chief. He indicated adoption was the final step to mmic this process forward and select a consultant to assist the City in the recruitment and selection process. Quotes were received from the Brimeyer Group, Inc. (BUI) and Labor R;,labons Associates (LRA), Staff recommended approval of the BGI quote since it was fe'.t they would provide more up -front assistance, and a more thorough and detailed reterence check and background investigation. Mayor Paulson explained he requested this item be removed from the consent agenda so Council could address the scope of the search and possibility of extending it to a national search. He felt extending beyond a regional search would result in candidates who may be more suitable to the City's needs. Mayor Paulson suggested the "not to exceed" limit remain ! a,id preliminary interviews and background checks take place before the applicant was flown in for personal interviews, The City Manager explained staff felt the "Midwest" area would result in adequate applicants, however, the City would not exclude applicants from outside the area. .also, letters would be sent to various Police Departments notifying them of the opening. He added that Police Departments have a good networking system and would become aware of the City's opening for a Police Chief. Councilmember Cohen felt the Mayor's suggestion for a nation -wide search could be accomplished by several well place advertisements in national Police publications, the; New Fork Times or other west coast newspapers. The Personnel Coordinator pointed out timing was another issue and these publications would have deadlines that may not be able to be met within the City's recruitment schedule. Also, expenses would be higher due to airfares, screening a greater number of applications and consulting costs. The City Manager . ndicated the cost to advertise may be quite expensive. He suggested staff research costs that would be involved to increase the scope. Councilmember Cohen supported allowing staff to determine the most cost effective way to advertise and determine the additional costs that may be incurred by increasing the scope. 4/13/92 _10- S Laff could then make a recommendation to the Council for their consideration. 'Where was a motion by Councilmember Cohen and seconded by Councilmember Rosene to c►irect staff to explore national search options using the most cost effective advertising method and to prepare a cost estimate for resulting increase in consultant screening. The motion passed unanimously, RESOLUTION NO 92 -78 Mcmbcr Philip Cohen introduced the following resolution and moved its adoption; RESOLUTION APPROVING THE ENGAGEMENT OF CONSULTANT SERVICES FOR THE RECRUITMENT OF A POLICE CHIEF ::e motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Amending the 1992 General Fund Budget to Ffovide for Wage and Salary Adjustments, He indicated the resolution distnbutes funding from unallocated to individual departments. In response to Mayor Paulson's question, the Director of Finance explained the difference between appropriated and adjusted amounts. The proposed resolution would approve the appropriation that was previously approved and designated in the pay plan. RF SOLUTION NO, 92 -79 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, The motion passed unanimously. The City Manager presented a report regarding bids received for construction of 69th N, North, Improvement Project No. 1990 -10, Contract 1992 -B. The Director of Public Works explained at first staff recommended the low bid from S.M. Hentges & Sons (Hentges) be rejected for its failure to comply to the specifications, and that the contract be awarded to the next lowest bidder - Brown & Cris of Lakeville, Minnesota. Staff made this recommendation because the low bid contained a deviation from contract specifications by including an 8% mobilization bid, which exceeded the established limit of 5 %. However, after further analysis by the City Attorney and staff, this recommendation was reversed because it was felt the irregularity results in no material advantage over other bidders since the City can retain that portion of the mobilization costs which exceeds 5% of 4113/92 the total bid until the project was substantially complete. Staff recommended the Council -award the bid to S,M, Hentges & Sons subject to final approval of plans and specifications by NENDOT, David Hammargren, legal representative for Brown & Cris, agreed the Council has the discretion to waive a minor irregularity, but he felt the irregularity in Hentges' bid results in a substantial advantage over other bidders so the Council would not have the discretion W, waive it. He felt the irregularity results in a financial advantage since mobilization costs were not contingent upon quantity amounts, and the contractor was assured of receiving 1007fo of the mobilization portion. Mr. Hammargren pointed out other bidders were unaware the Council may consider bids containing higher mobilization percentages. He felt another advantage for Hentges resulted in their opportunity to review all other bids after ,611.y were opened before deciding if they wanted to pursue this project. Mr. Hammargren pcia`cd out staff originally recommended the Hentges' bid be rejected due to the irregularity and it be awarded to Brown & Cris. If Hentges had not asked the City to waive the ire egularity, he felt the bid would have been awarded to Brown &. Cris. Mr. Hammargrcn ir�&..sated the City is now in a difficult position because of potential liability from either side, and he felt the most prudent action would be to reject the Hentges' bid and award it to Brown & Cris since a decision of this type would be irreversible due to the irregularity situation. - Councilmember Rosene pointed out the bid from Hentges was still $14,000 lower than the bid frc m Brown & Cris, even after consideration of the mobilization percentage difference. Mr. Hammargren indicated the City will have to pay for dewatering with the Hentges' bid, eve if it was not necessary, since it was part of the mobilization costs. Dick Kavaney, legal representative for S.M. Hentges, agreed with the recommendation of the City Attorney to award the bid to Hentges. He reviewed Article 15 of the; Special Conditions to the contract which includes language that the Council can make an analysis and determination regarding an irregularity. Mr, Kavaney disagreed with Mr. H regarding their ability to have a "second Iook" at everyone's opened bid since the City has always had control over the bids and Hentges has not had the right to withdraw it. He also felt all bidders were aware MNDOT allows the City to withhold payment of mobilization costs until the end of the project Mr. Kavaney indicated he felt the Hentges' bid, which results in a 6% cost savings to the City, was sufficient reason to support staffs recommendation to waive the irregularity in their bid. Ir response to Councilmember Cohen's question, the City Attorney reviewed MNDOT specifications regarding mobilization costs and indicated the maximum advantage to Hentges' 8% mobilization would be the payment of approximately $7,500 one or two months earlier than it would have been paid if only 5 had been bid. Assuming an interest rate of 10 %, this would only amount to an advantage of $62.50 to $125. The disadvantage in a higher mobilization bid is that the City can withhold payment of the excess amount until the contract is complete even thou the contractor has incurred these expenses much earlier 0 4/13i92 -12- in `he project. He added most often contracts result in overruns with line items rather than c n e ram, If this project results in overruns, then it would be to the City's advantage to waive the irregularity in the Hentges' bid since it contains a lower unit price. A discussion then ensued regarding the indication from Brown & Cris (in their Ietter dated April 10, 1992) that the City request a court ruling on the issue before awarding the contract. The City Attorney indicated he was unsure whether the court would Consider making e decision of this type but would probably prefer to allow the Council to award the bid and then determine the validity of the Council's decision. It was noted the Council can " ^!d the bids for 45 days from the opening date, however, it may take longer than this for 1 .._ . a court decision - With regard to a frivolous law suit, the City Attorney indicated the City 111-as successfully made a bonding request in the past, but he hoped the matter would be reaolved quickly enough to eliminate a law suit situation. Councilmember Cohen felt the Council should act on the staffs recommendation. He pointed out the Hentges' bid was lower by $14,000, and he agreed with staff's findings regarding waiving the irregularity. RES LUTION NO. 92 - 80 M --mbcr Philip Cohen introdurcd the following resolution and Roved its adoption; RESOLtr TION ACCEPTING BID AND AWARDING CONTRACT FOR CC '_JC:l'lQN OY 69TH AVLNUL NOKI IMFKQVLMLNTVKUJLCC1 NO. 1990- 10, GONTRACT 1992 -B The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Councilmember Rosene questioned possible precedence which may be established by waiving an irrcgularity of this type. The City Manager responded the irregularity under question was not of significant magnitude. Staff considered this factor in their recommendation. Graydon Boeck, 5601 Indiana Avenue, stated he is a resident and not representing either contractor but felt the Council needed to consider the trend of contractors to include high mobilisation costs as a way to have the City finance their up -front costs and new equipment purchases. He felt a mobilization deviation of 37o was significant and asked where the Council intended to "draw the line ", Mr. Boeck urged the Council to not waive the irreg larity and maintain a 5% mobilization limit. Councilmember Rosene indicated he understood the need to recognize established limitations, but in this case the advantage has been demonstrated by staff to be minimal, he City Attorney again reviewed MNDOT's requirements for mobilization costs. 4/13/92 .13- C- )unciimc:nber Cohen acknowledged Mr. Boeck's comments in the light that he (Mr. 1306 will :.ot have to face the legal consequences in the award of this bid. He pointed i � t t .he Council's until s sour ce of technic a1 advice was with the Cit Atto C Mona h' Y� tY er g D inector of Public Works, and other staff, and he has seen no evidence Hentges deliberately r:liated their bid. H, supported staffs recommendation since the City can save $15,000 by waiving the irregularity and withhold payment of the excess mobilization cost until the project was substantially complete. in Boeck thanked the Council for the opportunity to voice his concern. Biil O'Meara, 6937 France Avenue, asked if the Council could reject all bids and rebid the project, The Director of Public Works indicated this was an option but the existing bids were $300,000 below the engineer's estimate, and staff felt the new bids would be substantially highcr, Rebidding would also result in a five to six week delay and cost several nu ndr . a ed to a thousand dollars ' ad ditional m ri d ublica ' u1 m an p ublicat i on costs. Attornyys for Hentges and Brown & Cris were again given the floor to reiterate their positions. Mr. Hammargren indicated the court should be asked to consider the issue prior to award of the bid. He felt the courts would act uickl , and the matter could be resolved q Y oy the Council's next meeting. Mr. Hammargren pointed out MNDOT approval was still sio he did not feel a two -week delay would hamper the process. He concluded his remarks by indicating Hentges flagrantly failed to comply with the City's specifications and .va: ^ng the irregularity will establish a precedence for future consideration. With regard to the possibility of the court awarding damages, Mr. Kavaney indicated damages would only be received if performance was already undertaken. He felt waiving aln irregularity was at the Council discretion, and the court would not interfere with that process. Councilmember Cohen stated he felt it was the Council's obligation to take action and let the process proceed. He added his motion on the floor to award the bid to Hentges was based on input from the City's legal counsel and professional staff. Councilmember Cohen stated he felt Hentges was the valid low bidder. Mayor Paulson asked if the temporary restraining order process would give the City an indication of what the court would determine. The City Attorney responded the judge's decision to award a restraining order may be some indication of whether there was reasonable probability of the merits. He added that he does not feel a final ruling on these merits would be completed before the Council's next meeting. C.ouncilmember Cohen pointed out the Council will be meeting several times in the next two weeks w►aen this item Gould be readdressed, if necessary, He stated there was a motion on the floor and asked the Mayor to call the question. 4/13/92 -14- Mayor Paulson indicated the discussion being held is clarifying the issues. He asked if the Council could adjust their decision if they award the bid to Hentges and an injunction is approved. The City Attorney advised it may be difficult to cancel the contract after it is approve Mr. Kavaney added the competitive bid statute allows the City to only enter into one Contract for a specific project at a time. Coun ilmember .Rosene felt the Council had the responsibility to save tax dollars, and he dons not view waiving the irregularity as resulting in a substantial material advantage. He i. ^.cicated he supported the motion on the floor. He understood Brown & Cris was willing to obtain some indication from the court regarding this matter with the option that the City r;ay turn to them to fulfill the contract if so indicated by the courts. -. H�anmargren asked if the City may be liable for a claim of breach of contract by Hentges if they were awarded the contract tonight and it was overturned by the courts. The City Attorney indicated hw was unaware of any case in Minnesota where the city was ruled osponsibtc in a situation of this type. He pointed out Hentges were being represented by legal counsel and have not been misled in any way The City Attorney added the contract was being :warded at the behest of Hentges, The motion passed unanimously. - The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:10 p.m. The City Manager presented a Resolution Approving Agreement with Northern States Power Company for Utility System Revision on 69th Avenue North, Improvement Project No. 1990 -10. He indicated this agreement provides that NSP will place all of their distribution and service lines on 69th Avenue underground. It also includes installation of two street lights at each intersection and provides electrical service to the traffic signal 6vs terns. RE SQLI.ITION NO, 92 - 14ombor Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY FOR UTILI'T'Y SYSTEM REVI51QNS ON 69TH AVENI,IE NORTH, IMPROVEMENT PROJECT NO. 1990 -10 T%e motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for Trunk Sewer Replacement under I94/694, Improvement Project No. 1992-03, Contract 1992 -D. He indicated four bids for this work were received on April 2, 1992. Staff recommended the 4/13/92 -- - -cn.tract be awarded to Barbarossa & Sons, Inc., the lowest bidder, in the amount of � $.98,831. RE SOLUTION NO, 92 -82 Member Dave Roscnc introduced the following resolution and moved its adoption: -.ESOLUTTION ACCEPTING BID AND AWARDING CONTRACT FOR TRUNK EWER REPLACEMENT UNDER 194/694, IMPROVEMENT PROJECT NO. 199240, CONTRACT 1992 -D T"he motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously, The City Manager presented a Resolution Accepting Bid and Awarding Contract for 1992 Ciseased Tree Removal, Improvement Project No. 1992 -10, Contract 1992 -E. He indicated two bids for this work were received on April 9, 1992. The base bids provide for removal cf all diseased trees, as provided by the City's past policy. Alternate bids, which do not cover the removal of trees from backyard areas, were also received, If Council accepts this alternate, property owners who have diseased trees in their backyard areas will be re ponsibie for their removal. However, it was estimated the City's annual -cost could be _educed by approximately $8,400. Staff recommended the acceptance of the low Alternate B laid of Ceres Tree Service in the amount of $39,890. ''Mayor Paulson asked if elderly residents would have to obtain a contractor of their own to r ;move trees on their property, The City Manager indicated they would, and it appears they Nvcrc taking this option already, He explained staff felt it would be an advantage for residents to use the City's contractor, but in this case there does not appear to be an t dv;uitag in joint buying power. Dropping this option would result in a savings to the City. The Director of Public Works concurred and explained the differences between Alternates A and B. Councilmember Rosene indicated support of staff's recommendation for Alternate B since many residents were not using the City's contractor and dropping this option results in a savings for the City. RESOLUTION NO, 92 -83 MGttftr Dave RQSCnc introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 DISEASED TREE REMOVAL, IMPROVEMENT PROJEC:I' NO. 199 CONTRACT 1992 - :'he motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, The motion passed unanimously, 4/ 13/9 2 _ /13/9 - 16- e City Manager presented a Resolution Appropriating Funds, Approving Specifications and Dir.cung Advertisement for Bids for the Purchase of a Tractor Equipped with Backhoe �d w ont -End Loader. He indicated the City's existing loader has been found to be unsafe to operate, and not cost - effective to repair. Under the 12 -year replacement program, this u was scheduled for replacement in 1993. However, because of the safety problem, staff ceommended that it be replaced immediately. This unit is .primarily used for repairs to P ub'li utilities so staff recommended the costs be paid from the public utility funds (one - ird from water utility fund, one -third from sanitary sewer utility fund, and one -third from storm drainage utility fund). RES QLU TION NO, 92 -84 :Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROPRIA'T'ING FUNDS, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A TRACTOR EQUIPPED WITH BACKHOE AND FRONT -END LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Ri)sene-. me motion passed unanimously. i ne City Manager presented a Resolution Approving Installation of a Chain Link Fence at .hc. Evergreen Baseball Field, Accepting Proposal, Amending the 1992 General Fund Budg and Awarding Contract. He indicated employees made this recommendation during the prioritization process. The payback period for this expenditure from resulting labor savings was less than one year. Councilmember Rosene questioned the height of the proposed fence and the potential danger of a player falling over it when attempting to catch the ball, The City Manager r;;sponded the City has increased the height of baseball field fences. In this case, the field was used for Little League games. 1-iayor Paulson requested an update on remaining balances in the contingency fund. The Givy Manager indicated staff would provide this update. , ESQLUTION NQ 92 - 85 Member Dave Roscnc introduced the following resolution and moved its adoption: RESOLUTION APPROVING INSTALLATION OF A CHAIN LINK FENCE AT THE EV BASEBALL FIELD, ACCEPTING PROPOSAL, AMENDING THE 1192 GENERAL FUND BUDGET, AND AWARDING CONTRACT Tl:e motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/9 - 3 32 / / 27 - I Tie City Manager presented a Resolution Approving the Purchase of a Trailer for "r� a por*a on of the Municipal Band's Musical Instruments, Accepting Proposal, Amending Lie 199`2 General Fund Budget, and Awarding Contract Thcrcfure, He indicated staff made . i5 r e -coi rr mendation during the prioritization process. Analysis shows the payback period '�. this Qxpenditure is less than two years Purchase of an additional multipurpose trailer est-hs in savings of overtime hours caused by the need to load and unload the existing t: ai:er. RESOLUTION NCB. 92 -86 .crr her Dave Rosonc introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF A TRAILER FOR T l` UNSFORTNI OF THE MUNICIPAL BAND'S MUSICAL INSTRUMENTS, ACCEPT ING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET, AND r t =r'AIRDING CONTRACT THEREFORE ";ie motion for the adoption of the foregoing resolution was duly seconded by member FAilip Cohen. The motion passed unanimously, i qe City Manager presented a Resolution Supporting Legislation to Authorize Cities to establish a Transportation Utility. Council agreed with Mayor Paulson's suggestion to amend the proposed resolution by ^� w. n6ing the term "transportation" to "transit" in the fourth Whereas section as well as item 3. REOLUTION NO. 92 -$7 'Jcmbcr Philip Cohen introduced the following resolution and moved its adoption: ?ESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE CITIES TO ESTABLISH A TRANSPORTATION UTILITY e motion for the adoption of the foregoing resolution was duly seconded by member Dave Kosene. The motion passed unanimously. In response to Councilmember Cohen's question, the Director of Public Works provided an update on the Legislative hearings regarding the transit issue. It was felt some action may lie taken by the Legislature on this matter during their next session. Mayor Paulson questioned the procedure for establishment of a transportation utility. The Cit_! Attorney responded a Charter amendment has the same level of importance as an act jf L . Legislature, unless it was preempted by legislation. If not preempted, the City may have the authority through their Charter. 4/13/92 - 18 - 0 L Tbere was a motion by Councilmember Cohen and seconded by Couneilmember Rosene to in -Mff to inv estigate legal constraints regarding the establishment of a transportation iliiy for Council consideration in June. The motion passed unanimously. Tbe City Manager presented a Resolution Establishing Adopt -A -Park, Adopt -A- Trail, and l ci Qpt -A- Street Programs. a . t Paulsvjl qucstioncd the possibility of an "Adapt -A- Block" program. The City N1`aaaer stryssed the importance of having the program under the City's "umbrella" of s usurance coverage. The Director of Public Works explained the proposed resolution s,Jdresses the adoption of public facilities and does not encompass private property, Cosncilmember Rosene agreed an "Adapt -A- Block" program would go beyond the scope G" this program but perhaps it could be addressed as a separate issue. Vi :tor Henry, 5819 June Avenue N., requested the Council address having this program erend to cover the MAC property by the Crystal Airport which was a designated wildlife ai The Director of Public Works pointed out it is already included. K��D LI;TIQN NQ. 92 -88 - `..Icmbzr Davc Rosene introduced the following resolution and movcd its adoption; RESOLt; T ION ESTABLISHING ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PRQGRAMS T' e motion for the adoption of the foregoing resolution was duly seconded by member i•hi;ip Cohen. The motion passed unanimously. he City Manager presented a Resolution Establishing Water Distribution System Improvement, Contract 1992 -H, Ordering the Preparation of Plans and Specifications and Dir ,sting Advertisement for Bids. He reported the contractor that started this project was r:o longer in business so the project needs to be rebid. The City Engineer estimates ,'.Mpletion of the project may cost approximately $45,000 to $64,000 which could be rLcovered from the contractor's bond, He recommended the project be rebid. tt I_, TJ TIQN NO, 92 -89 Mlemb:r Davc Rosene introduced the following resolution and movcd its adoption; RES ESTABLISHING WATER DISTRIBUTION SYSTEM IMPROVEMENT, CONTRACT 1992 -H, ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FO BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Philip (;when. The motion passed unanimously. 4/!3/92 - 19 - AT UOU ZNMENT , ore was a motion by Councilmember Rosene and seconded by Councilmember Cohen too aajncurr the meeting, The motion passed unanimously. The Brooklyn Centcr City Council adjourned at 9:39 p.m. Deputy City Clerk Todd Paulson, Mayor R °corded and transcribed by: =:la Wirth Northern Counties Secretarial Services -20- CITY OF BROOKLYN CENTER council Meeting Date 4/27/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING MAY, 1992 AS ARBOR MONTH IN BROOKLYN CENTER DEPT. APPROVAL: Sy Knapp, Director of Public Works MANAGERS REVIEW/RECOM IENDATION: No comments to supplement this report Comments below /attacVed SUMMARY EXPLANATION: (supplemental sheets attached No • This proclamation is one of the requirements of achieving Tree City USA status. Later in May staff will work with the Council to schedule a tree planting ceremony which will serve as the City's official Arbor Day observance. RECOMMENDED CITY COUNCIL ACTION Approve the proclamation. • PROCLAMATION DECLARING MAY, 1992 AS ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Human activities such as construction damage and pollution, as well as disease and insects, threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, All citizens are urged to become more aware of the importance of trees to their well being, to participate in tree planting programs that will ensure a green Minnesota in decades to come, and to plant, nurture, protect, and wisely use Minnesota's great treasure of trees. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the month of May, 1992 as Arbor Month in Brooklyn Center. Date Todd Paulson, Mayor Seal Attest: Deputy City Clerk CITY OF BROOKLYN CENTER Council Meetin Date 4/27/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 92007 - Budgetel DEPT. APPRO Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: s, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Planning Commission Application No. 92007 is a request for variance approval to construct a 12' x 20' storage building 3' from Shingle Creek right -of -way instead of the 25' required by the Zoning Ordinance. This application was considered by the Planning Commission at its April 16, 1992 meeting and approval was recommended. Recommendation The applicant's representative, Mr. Ken Garvin, is unable to attend the April 27, 1992 City Council meeting and has respectfully requested that the City Council table consideration of the application until May 11, 1992. We have sent notices to affected property owners informing them of this request and recommend that the City Council table this matter, at the applicant's request, until the May 11, 1992 Council meeting. • CITY OF BROOKLYN CENTER Council Meeting Date. 44127/92 Agenda Item Number GI REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF RECOMMENDATION TO ESTABLISH FEES: FOR PROCESSING FINAL PLATS AND FOR VACATION OF STREETS, ALLEYS, OR EASEMENTS DEPT. APPROVAL: Sy Knapp, rector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attac ed SUMMARY EXPLANATION: (supplemental sheets attached Yes • The attached memo from Public Works Coordinator Diane Spector discusses procedures necessary to implement two staff suggestions for revenue enhancements submitted during the prioritization process. With Council approval, staff will bring back to the Council at its next meeting proposed ordinance amendments for first reading. The suggestions were proposed by Engineering Department staff, and are intended to cover the cost of providing the indicated service. They are: 1) a final plat fee; and 2) a fee for vacating streets, alleys, or easements. RECOMMENDED CITY COUNCIL ACTION Item 1: Direct staff to prepare an ordinance amendment for first reading which would provide for a separate final plat fee, and to prepare a resolution establishing that fee. Item 2: Direct staff to prepare an ordinance amendment establishing a fee for vacation of streets, alleys, or easements. • April 9, 1992 TO: Sy Knapp FROM: Diane Spector SUBJ: Establishing Fees For Final Plats and Vacations This memo discusses procedures necessary to implement two staff suggestions for revenue enhancements submitted during the prioritization process. With Council approval, staff will bring back to the Council at its next meeting proposed ordinance amendments for first reading. The suggestions were proposed by Engineering Department staff, and are intended to cover the cost of providing the indicated service. They are: 1) a final plat fee; and 2) a fee for vacating streets, alleys, or easements. FINAL PLATS Section 15 -104 (A)(1)(b) of the City ordinances states that prior to dividing any tract of land an owner or subdivider must file with the City Clerk four copies of the preliminary plan and A cash fee in an amount set forth by City Council resolution. This fee will be used for the expense of the City in connection with approval or disapproval of said plat and any final plat which may thereafter be submitted. Although the ordinance states that a fee is to be charged to cover the costs of both the preliminary and final platting process, the existing fee, the Planning and Inspection Department- administered preliminary plat fee, does not adequately cover that entire cost. That preliminary plat fee is intended to cover the cost of preliminary work with developers, and processing of a preliminary plat by the Planning Commission and the City Council. The Planning Department has indicated that the existing preliminary plat fee of $100 is not sufficient to cover these costs, and through the prioritization process will be recommended that it be increased. The preliminary-plat fee may at one time have been adequate to cover the entire cost of platting. However, over the years numerous legal requirements have been enacted, primarily by state statute, which increase the complexity of the process, and the City's potential liability should it be less than vigorous in administering the process. Once the preliminary plat is approved, responsibility for the plat moves to the City Engineer. While the Planning Department and the Planning Commission are concerned mainly that the proposed plat and development are consistent with zoning and land use regulations and needs, the City Engineer is concerned with the legal aspects of the platting process. This process is defined in great detail in state statutes and city ordinances. The Engineer must spend considerable time with the developer, the developer's surveyor and legal counsel, and the City Attorney. Agreements such as subdivision and utility maintenance agreements must be prepared by staff. For parcels larger than five acres, a review by the Watershed Commission must be incorporated into the process. Developers are required to reimburse the City for the actual City Attorney's cost of reviewing the plat and rendering a title opinion. Other than the $100 preliminary platting fee, no other fee is charged to recoup what could be considerable labor provided by the City in benefit of the developer. It should be noted that the City often accrues no direct benefit at all from the platting process, other than simply the protection of the public's interest and the potential indirect public benefits which may (or may not) result from development, while the developer usually stands to profit financially from the transaction. Implementation Engineering staff have suggested that the City implement a final platting fee. This would require an ordinance change to provide for separate preliminary platting and final platting fees. This change would have several advantages. First, it helps to clearly delineate the preliminary and final platting process, which are two separate processes with separate goals and requirements. Second, it breaks what could be a large fee into two smaller fees. This would reduce the financial burden on smaller developers, often persons wishing only to subdivide a large lot, who may not have cash up front, or who may find part way through the process that the plat is not feasible. Third, it would provide more flexibility to the City to respond to statutory or other changes which might increase (or decrease) City costs. And fourth, most cities have separate preliminary and final platting fees, so we would be more consistent with procedures in other cities. It is suggested that the ordinance be amended to read: Section 15 -104 (A)(l(b) A cash fee in an amount set forth by City Council resolution. This fee will be used for the expense of the City in connection with approval or disapproval of said preliminary plat . Section 15 -105 (A)(1) The owner or subdivider shall file with the City Clerk six copies of the Final Plat and a cash fee in an amount set forth by City Council resolution not later than six months after the date of approval of the preliminary plan; otherwise the preliminary plan and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Council. The owner or subdivider shall also submit at this time an up -to -date certified abstract of title or registered property report and other such evidence as the City Attorney may require showing title or control in the applicant. Prior to release by the City of _a final, approved plat, the owner shall reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. It is recommended that the final plat fee be $125. Planning Department staff have indicated that they will be recommending an increase of the preliminary plat fee to $200. A resolution setting these fees at those rates would be presented for consideration at the time of the second reading. Staff Recommendation Direct staff to prepare an amendment to the ordinances to establish separate fees for preliminary and final plats, and to at the time of the second reading present a resolution increasing the preliminary fee to $200, and establishing the final fee as $125. VACATION FEE State statute and the city charter provide the City with the authority to vacate the public's interest in land dedicated as street, alley, or easement. This is done through the ordinance process, necessitating legal and ordinance publication costs. This vacation process is usually done at the request of a property owner who stands to benefit from such a vacation. Engineering staff recommend that the City recoup the costs of providing this service by charging a vacation fee. Such a fee is charged in many other cities. Staff recommends a fee of $125, which is about the average. This fee is intended to cover legal and publication costs, plus staff time to review the proposed vacation with city staff and, in the case of easements, private utilities. Such vacations occur on average two or three times per year. This fee would be implemented by amending the ordinances to specify that a fee may be charged. Suggested language is: Section 25 -701. VACATIONS. Any person requesting vacation of any part of a public street, alley, or easement shall make application to the Director of Public Works using such forms and Providing such information as prescribed and shall pay a cash fee such fee to be established by the Council from time to time. All such vacations shall be made by ordinance. No street or alley or part thereof may be vacated without the approval of at least four -fifths (4/5) of the members of the Council. Staff Recommendation Direct staff to prepare an amendment to the ordinances which would add the language specified above, and at the time of the second reading to present a resolution to the Council establishing the fee. CITY OF BROOKLYN CENTER Council Meeting Date 04/27/92 • Aoenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: REPORT ON STATUS OF CONTRACT FOR RECONSTRUCTION OF 69TH AVENUE J�C JC JK J�C yC JK Jk J� . 1K * JAG J�C J!c �C . Jt. yC J�C i�C J�C )JC J�C J�C yC ?C J�C YC yC }C i�C J�C J!c Jk �C J�C J�C J�C J�C yjC J�C J�C J�C YC J�C i�C J',C JtC yC !�C JtC JtC JfC �C J�C J(C J(C Jk >,< JtC � .`tC J�C Jk !tC J�C JtC JtC J�C X �C 1. Jk .VC xC �c yC �G yC DEPT. APPROVAL: Sy Knapp, Rkrector of Public Works xxyt Xc �k >;c�c �kMx�c �k ** x x �ye Ye 9c xxxx V , yc, MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attach64 icicxxieicxr'e�!c �e �exxx�!e �e��tcx�cxx>,cxxx *ycxxx�c �;cx�e �cx�c �!e �cM�c �e �k �c ae�(c ye Y,ex�;ex�;e>!exxxxxx�c �;c �c �!c );C)!C?e ?C ?c T',C ! J;C JG }C J;C J',e �exxxx SUMMARY EXPLANATION: (supplemental sheets attached As the time this memo is being written (Thursday, 4/23/92) there has been no • change in the status of the 69th Avenue contract; i.e.: • We have not yet received formal approval of plans and specifications from MNDOT. • We have received no notice of any legal action regarding award of the contract to S. M. Hentges & Sons, the low bidder for this work. If any change of status occurs, we will report that at the Council meeting on 4/27/92. RECOMMENDED CITY COUNCIL ACTION • CITY OF BROOKLYN CENTER council Meeting Date April 27, 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: COMMUNITY CENTER POOL LAP LANE POLICY DEPT. APPR V L:�� Gera G. linter, City Manager * * * * * * * * * * * * * * * * * * * ** ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW/RECONEWENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The City Council has requested staff prepare a la lane policy for City Council adoption. q P P P P Y Y P Attached please find a copy of two tables, one indicating the impact of the lap lane policy in affect at the Community Center up until its closing on February 2, 1992, for construction of the water slide. The second table describes the impact of the lap lane policy with the water slide in operation an construction completed. We propose the following lap lane policy: Lap lanes will be available during all hours of pool operations either in a 50 meter lengthwise configuration or two 25 meter lanes in the widthwise configuration except for the following conditions and /or situations: 1. During swim club sessions 2. During swimming lessons 3. During special events which make it impractical to allow la swimming g P P P g 4. When maintenance or other foreseen events dictate the removal or closing of lap lanes The 50 meter lap lane will be installed during the adult times and during water slide hours, two 25 meter widthwise lap lanes will be in use. • RECOMMENDED ITY COUNCIL A C CTION Recommend adoption of the above described policy by City Council motion. LAP LANE POLICY WITH WATER -SLIDE MONDAY 9AM -1 PM 1 PM -4PM 4PM -9PM 9PM -10PM (50M LANE IN) (50M OR 2 -25YD. LANES (2 -25YD. LANES IN) (50M LAP LANE IN OR 2 -25YD. IN) TUESDAY 9AM -1 PM 1 PM -4PM 4PM -6PM SWIM CLUB 8:30PM -10PM (50M LANE IN) (50M OR 2 -25YD. LANES 6PM- 8:30PM SWIM (50M LAP LANE IN OR 2 -25YD. IN) LESSONS WEDNESDAY 9AM -1 PM 1 PM -4PM 4PM -9PM 9PM -10PM (50M LANE IN) (50M OR 2 -25YD. LANES (2 -25YD. LANES IN) (50 M LANE IN OR 2 -25YD. IN) THURSDAY 9AM -1 PM 1 PM -4PM 4PM -6PM SWIM CLUB 8:30PM -10PM (50M LANE IN) (50M OR 2 -25YD. LANES 6PM- 8:30PM SWIM (50M LANE IN OR 2 -25YD. IN) LESSONS FRIDAY 9AM -1 PM 1 AM -4PM 4PM -9PM 9PM -10PM (50M LANE IN) (50M OR 2 -25YD LANES IN) (2 -25YD LANES IN) (50M LANE IN OR 2- 25YD.) SATURDAY 12PM -1 PM 1 PM -9PM (50M LAP LANE IN) (2 -25YD. LAP LANES IN) SUNDAY 12PM -8PM (2 -25YD. LAP LANES IN) I LAP LANE POLICY USED UP UNTIL FEBRUARY 2 1992 MONDAY 9AM -1 PM 1 PM -10PM LAP LANE (50M) IN LAP LANE (50M) USUALLY IN - (PULLED FOR LARGE GROUP RENTALS OF OVER 75 PEOPLE) TUESDAY 9AM -1 PM 1 PM -4PM 4PM -6PM SWIM CLUB 8:30PM -10PM LAP LANE (50M) IN LAP LANE USUALLY - PULLED 6PM- 8:30PM SWIM LESSONS LAP LANE (50M) IN FOR 75 + GROUPS) WEDNESDAY 9AM -1 PM 1 PM -10PM LAP LANE (50M) IN (SAME AS MONDAY) THURSDAY 9AM -1PM 1PM -4PM 4PM -6PM SWIM CLUB 8:30PM -10PM LAP LANE (50M) IN LAP LANE USUALLY IN - PULLED 6PM- 8:30PM SWIM LESSONS LAP LANE (50M) IN FOR 75 + GROUPS) FRIDAY 9AM -1 PM 1 PM -7PM 7PM -9PM 9PM -10PM LAP LANE (50M) IN LAP LANE USUALLY IN (PULLED NO LAP LANE FAMILY SWIM LAP LANE IN FOR LARGE GROUP RENTALS OF AND FREE PLAY 75 +) SATURDAY 12 -1 PM 1 PM -4PM 4PM -10PM LAP LANE (50M) IN NO LAP LANE LAP LANE IN (PULLED ONCE A MONTH FROM 6PM- (FAMILY SWIM AND FREE PLAY 9PM FOR " SATUUDAY NIGHT LIVE PARTY) SUNDAY 1 -4PM 4PM -6PM NO LAPLANE(FAMILY LAP LANE IN SWIM & FREE PLAY) CITY OF BROOKLYN CENTER Council Meeting Date April 27, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LEGISLATIVE UPDATE DEPT. APP pl inter, City Manager MANAGER'S REVIEW/RECOMNIENDATION: No comments to supplement this report Comments below /attached SUN EVURY EXPLANATION: (supplemental sheets attached ) • Attached please find copies of the most recent League of Minnesota Cities Legislative Bulletin regarding the activities of the final days of the legislative session. Please understand that some of the information contained in this update could change as the governor reviews and signs or vetoes various portions of legislation presented to him. Mayor Paulson informs me that Senator Luther and Representative Carruthers have offered to appear before the Council at their next Council meeting to review some of the special legislation they sought on behalf of Brooklyn Center and generally review the legislative session accomplishments. RECOMMENDED CITY COUNCIL ACTION Review and discuss the activities of the most recent legislative session. League of Minnesota Cities Cities roulleti Number 12 April 17,1992 Legislature passes tax bill which includes sales tax on local governments and repeal of levy limits Signature by Reminder: Comment Uniform hearing governor expected period for prevailing wage date rejected The Minnesota House and Senate rules closes April 21 A House proposal which required have passed the omnibus tax bill which Cities are reminded that April 21 each level of local government -- cities ' is the deadline for comet includes a new sales tax on local eats to be government arc submitted to the Department of Labor schools, and counties —to hold their g purchases and the e repeal truth in taxation h ` levy limits. It is expected that de and Industry concerning the eating on a 5ini- of city department's form" date was not accepted t he tax tment's rules on prevailing b P ihn wage. P Y P B g the Governor will sign the bill into law. Cities' criticisms of the current conference committee. After extensive The sales tax on local overn- g rules process should include local discussions and tradeoffs, the final tax ments is effective June 1 and is examples of wages or errors. The bill includes the entire Senate pro- expected to raise $68 million in the League urges cities to particularly posal. The League had opposed the 1. first full year, the state's fiscal year emphasize the following issues: 1.) mandate of a uniform night and had 1993. The sales tax provision replaced calculation of the prevailing wages -- discussed the scheduling problems the Governor's proposal for $66 use of the "mode;" 2.) exporting which would be faced by cities which million annual cuts in city LGA and metropolitan wage rates to Greater share staff. Minnesota; and 3.) inadequate survey ('There was little discus - the Senate's proposed income tax collection methods. (See Cities Sion of our objection to the single city increase, which the Governor said he Bulletin No. 5, February 28, 1992) hearing night because it would prevent would veto. Comments should be sent to: Legislators from attending more than The tax bill keeps in law the Nancy Christensen, Asst. Commis- one of their cities' hearings.) repeal of city and county levy limits, sioner, Department of Labor and Beginning this fall, all counties starting with taxes payable in 1993. Industry, 443 Layfayette Road, St. will hold hearings on the first Tuesday An outline of the important city Paul, MN 5 515 5. SH in December. This had been e to- financial P nan i c al provisions is as follows. posal by the Association of Minnesota Court stays Counties. Cities and school districts Sales tax On IOCa1 will still be allowed to choose their governments prevailing wage individual hearing dates between November 29 and December 20. • Effective June 1, 1992, raises injunction Another House proposal would $68 million in state fiscal year 1993. The Minnesota Court of Appeals have required that "operating budget" • Same taxable rules as for for the current stayed the implementation of a year and a comparison consumers and businesses, • Exempt from tax: temporary injunction which had been of the proposed amount for the next School districts granted to twenty two Southwestern Year be added to the newspaper Minnesota counties who had banned advertisement. This would have been Hospitals & nursing homes in addition to keeping "proposed le purchases together seeking to over turn p' g levy" Most library Minnesota's prevailing wage law. The amounts which were required when See Tax bill, page 3 See Prevailing wage, page S See Uniform hearing, page 4 w 1 The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, VIV Contents administrative, and congressional ac- tions that affect cities. It also includes 1 / Legislature passes tax bill which includes sales tax on reviews of metropolitan area issues by o local governments and repeal of levy limits the Association of Metropolitan Mu- Signature by governor expected nicipalities. } Uniform hearing date rejected 1 /Reminder: Comment period for prevailing wage rules League legislative staff members are closes April 21 available to answer your questions con - 1 / Court stays prevailing wage injunction cerning legislation relating to cities. 3 / 1992 clerks orientation set The Bulletin lists League and AMM 3 / LMC seeks Controller authors of articles and bill summaries 4 / Sales tax extension to cities: What is covered? When by their initials. does it apply? How is it collected? 5 / Lennes appoints committee, amendment attempted John Ainley —JA on non - related bill Gayle Brodt - -GB 6 / Presidential primary costs Tim Busse - -TB 7 / Cooperative purchasing venture opportunities Gary Carlson —GC 7 / Cable TV regulation seminars set Nicole Debevec - -ND 8 / Federal update Jean Mehle Goad - -JMG EPA may limit city liability under Superfund Sarah Hackett - -SH OSHA regulations prove costly to cities Ann Higgins - -AH NLC requests information on local zip code problems Joel Jamnik - -JJ 9 / Zip code survey Sherrie Le - -SL 10 / Conferences Stanley Peskar - -SP 11 / Service fee on water supplies is passed Roger Peterson - -RP 11 / Auditor's bill addresses city financial reports Donald A. Slater - -DAS I I / Parade of flags John Tomlinson - -JT Inside Peter Tritz - -PT back cover / Municipal ads LMC announces regional meeting schedule Editor's note Legislative mission statement The League of Minnesota Cities will vigorously represent the policy positions C The next issue of the Cities Bulletin will be published on and interests of its members before the May 8,1992 and will include a wrap up ofnew laws as assed Minnesota State Legislature in a positive p and effective manner; characterized by 1 in the 1992 legislative session. timely, quality information provision and policy advocacy. This representation will be based on greater LMC membership participation in the League's legislative program, which is to be facilitated by the League board and staff. League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 (612) 227 -5600 Fax(612)221 -0986 Page 2 Printed on recycled paper LMC Cities Bulletin _ Tax bill, continued from page 1 Miscellaneous would come out of aids to be paid in • HACA gets money for a • No levy limits starting next July and December of this year. household growth factor (about 1.5 year. • There is no raid on the LGTF percent per year statewide), plus • Reduced reserve from $400 this biennium, since the $6.7 million increases for class rate buydowns. million to $240 million (Governor shortfall is a normal result of a • Extra growth in LGTF revenues proposed $260 million), variation in sales tax receipts. How- beyond the forecast- -would go to ever, the local government sales tax PROPORTIONATE increases in only can be considered a raid on the LGTF. LGA, equalization aid, community Aids and local government * February and March sales tax social services act (CSSA), and trust fund receipts are up $5.2 million, which corrections aid, NOT HACA. • Reimbursement for Presidential adds $1.6 million to the LGTF. If this • Shortfall in LGTF revenues — Primary from state general fund -42.5 trend continues, 1992 aid cuts would would be cut from all aid programs, million. be reduced or eliminated. INCLUDING HACA, AS A PER- * Two cents of sales tax on local CENT OF REVENUE BASE. (Note governments goes into the local Fiscal years 1994 and 1995 that the methods are much different for government trust fund (LGTF). Aids year allocating extra LGTF revenues calendar 1993 and paid by the LGTF have been adjusted y compared to reduced revenues). so that this is not really a gain. 1994 aids) • LGTF was raided about $40 -50 Changes to programs in Fiscal year 1993 (calendar million compared to the $80 million local government trust year 1992 aids) aid growth in the vetoed section of the 1991 tax bill - -aid growth is about same fund • LGTF forecast shows $6.7 as the $30 million which the Governor Removed from the LGTF: million shortfall. (This number is said he agreed to. i Income maintenance aid. being reviewed and may change * In addition, the local govern- • Interest payments by LGTF slightly). Any shortfall up to this level ment sales tax can be considered a raid • to state. would be cut from all aids, INCLUD- on the LGTF. ING homestead/ag credit aid (HACA). 0 Three percent LGA increase for Added to the LGTF: K A $6.7 million shortfall would be calender year 1993. No money is • Homeowner circuit breaker. about 0.3 percent of revenue base. available for further calendar 1994 • Community Social Services Act Any shortfall over $6.7 million would increase unless LGTF revenues exceed (CSSA). be cut from only LGA and equaliza- forecast. 9 New county corrections aid. JT tion aid. Any cuts per these provisions 1992 clerks orientation set LMC seeks Controller The annual municipal clerks' orientation conference will be at the The League of Minnesota Cities, a cooperative organization of 804 Minnesota League of Minnesota Cities on July 7, 8, municipalities, has an immediate opening for a Controller. 9, 1992. The program is a basic training This position is responsible for managing all finance and accounting activities course for newly appointed municipal for the LMC and associated self - insurance pool, including preparation of annual clerks and other staff who have duties operating and capital budgets, preparation of year end financial reports, supervision associated with that office. In the past, of investment management process, coordination of yearly audit, and supervision of city clerks, administrators, and people all finance staff. Position also may handle a variety of special projects related to with payroll responsibility have attended financial management. the course and found it to be helpful. The ideal candidate will have a Baccalaureate degree in finance, accounting, or Faculty will include people from a related field, as well as four to five years accounting experience, preferably with the offices of the State Auditor, PERA, local government, another professional association, or with a public accounting Internal Revenue Service, Minnesota firm. Department of Taxation, Secretary of Experience with computerized finance and accounting systems and at least two State, League of Minnesota Cities, and years supervisory experience is also necessary. practicing city clerks from around Qualified candidates may submit resume and letter of application to: Human Minnesota. Resources Department, League of Minnesota Cities, 183 University Avenue East, St. For more information about the Paul, MN 55101 no later than April 30, 1992. Please include eligibility for veterans orientation call Cathy Dovidio or Tom preference, if applicable. Thelen at the League office at (612) An affirmative action/equal opportunity employer. 227 -5600. April 17, 1992 Printed on recycled paper Pag e 3 Uniform hearing, continued from page 1 generic notices were used. The exception from the knock -down rule, (Cities which advertised the market League rad supported the Senate are allowed a one -year delay in the value application would not be provision which dropped the proposed collection of the increment, and may affected by this provision.) levy from the newspaper advertise- use increments to contribute to an ment entirely. Under the negotiated indemnification fund or to buy private Miscellaneous. bill cities will be able to publish a environmental insurance. Although levy limits are repealed smaller advertisement with informa- beginning with taxes payable in 1993, ' tion on the hearing date, time, and Annexation provisions a new levy reporting requirement has location, and no additional levy or been established. Cities over 2,500 budget information removed would be required to submit informa- Both House proposals concerning tion to the Commissioner of Revenue Financial reporting study annexation issues were not included in by January 30. An LGA/equalization the conference committee bill. The aid penalty would be imposed for late to be paid through trust. League and the Coalition of Greater reports. fund Minnesota Cities had worked in Housing and redevelopment Under the new tax bill, the trust support of a general annexation authorities (JiRAs) will now have fund will be paying for the develop- provision which would have facilitated authority to pledge use of the general ment of a new "local government municipal annexations. The other obligation of their overseeing govern - financial reporting system" The provision, opposed by the League, mental unit as additional security for project is given 5350,000 in fiscal year would have regulated the way that revenue bonds issued for certain 1993 (July '92 - June '93), and S1.2 municipal utilities apportion costs of housing projects. million in both fiscal year 1994 and facilities within newly annexed areas. The final bill includes a House tax 1995. The League objected strongly to The two provisions were inappropri- bill provision which allows Ramsey use of the trust fund for the total of ately linked by the conferees and the County to exercise HRA powers 52.75 million being spent to redesign decision was made that both issues (housing and redevelopment author - the financial reporting of cities, were too controversial to be included ity). The provision does require that counties, townships, and special in the tax bill. municipal approval is required for any districts. LMC argued that the project and the authority sunsets after Legislature had originated study of the Clarification of city June 30, 1994. system and that if more comparable referendum levies Special local tax authority was data and more computerization of given or extended for the following local government was a priority, applying to market value cities: Roseville, Brooklyn Center, revenue should be provided by the Some confusion has existed since Ely, Thief River Falls, Rochester, state general fund. The the passage of the 1991 tax bill and the Minneapolis, and Duluth. SH Intergovernmental Information requirement that city and county Systems Advisory Council (IISAC) referendum levies must be applied on Sales tax extension to will 4>e in charge of contracting for and the basis of market value. General cities: guiding the development of a new property levies apply to tax capacity, System. after the various class rates are What is covered? applied. The tax bill clarifies that all When does it apply? Senate proposal for new city referendums, including debt, will How is it collected? be required to be advertised and 'Tile De artment of Revenue polluted lands TIF fails applied on the basis of property market p will soon be issuing official A new tax increment district for value. (School district capital or*debt pollution abatement and an indemnifi- levies, however, will still apply to tax information about the application of the state sales tax on purchases cation fund were not included in the capacity.) made by cities. The application of final bill. The bill also clarifies this law as it Similar provisions, which pro- applies to the timing of city referen- the sales tax, in general, very vided only for sites in St. Louis Park dums. It was discovered that some complicated and cities should not and St. Paul, were accepted. These cities had conducted referendum be surprised to encounter many cases of special authority may provide elections since the passage of the 1991 situations with rules -- and excep- a basis for other cities to use TIF for tax bill and had not advertised that the lions. The following comments are clean -up of polluted properties in the referendum levy would apply to offered to help cities which are next Legislative Session. In particular, property on the basis of market value. already preparing their 1993 these two new subdistricts will be The bill allows referendum levies held budgets: allowed to use increments from other prior to May 1, 1992 to be exempt See Sales tax, page 7 districts ( "incoming" pooling), have from the market value requirement. Page 4 g Printed on recycled paper er ' P P LMC Cities Bulletin - 1 Cooperative purchasing venture opportunities The State of Minnesota's Coopera- -Reduce or eliminate the time and political subdivisions. tive Purchasing Venture (CPV) offers costs to award and process a contract The state is currently investigating substantial savings when purchasing or purchase order. a varied fee structure in an attempt to standard commodities and large dollar The simple three -step process is make the program attractive to items. designed to give citizens the highest members of the League of Minnesota Any agency or organization that value for their dollar and save time in Cities. derives its funding from taxation in a the process. Just look up the commod- Your membership includes: like manner as the (like a city, ity in the index, order a copy of the - Membership certification municipality, school district, or contract you need, and place an order (agreement) and member permit county) is welcome to join. directly with the vendor. number. The program helps: The annual membership fee runs - Access to FAX system. -Reduce or eliminate the time from July 1 through June 30, and -User instructions. required to research specifications; covers the state's administrative - Regular issues of the FAX from *Enhance and simplify the product expenses. (This fee may vary from Contracts bulletin providing at a selection process and maximize value year to year and is not prorated.) As a glance information on contracts received; member you will have access to a - Quality products at a quality - Minimize the time required to current commodity index of contracts price (savings up to 75 percent on identify new vendors; and plus copies of all contracts extended to purchases of various products). Cable TV regulation Sales tax, continued from page 4 seminars set ' The state sales tax is 6.5 percent. be charged the sales tax. City employ - Three Minnesota cities have been ' According to the Department of ees providing these services to the city selected as sites for informational Revenue, "the sales tax is imposed would be exempt. meetings concerning cable television upon the gross receipts of all persons * The major area of exempt items regulations. The meetings will be on y who sell, lease, or rent tangible are those which will be used in Friday, May 1. personal property at retail or provide "production," or manufacturing. The meetings are under the taxable services in Minnesota." Municipal electrical utilities would be sponsorship of the Minnesota A:ssocia- i * The timing of actual delivery of an example. Coal or gas used to tion of Cable Television Administrators purchases, or taking title to the generate the electricity would not be (MACTA) and will be luncheon product, appears to determine whether subject to the sales tax. A general sessions at a cost of $8 per person. the sales tax does or does not apply. guideline would be that if the item is The registration fee will cover the cost The Legislature chose not to provide used to produce something else which of the meal and each person who any transitional language in the law to will be sold, it is not subject to the attends will receive a coupon worth accommodate purchases occurring sales tax. $10 on future conference registrations. around the June 1 st effective date. * The sales tax base has not Among topics on the agenda are Invoices, purchase orders, etc. issued changed. Clothing, food, prescription rate re- regulation, support for public before this date, but for actual delivery drugs, gasoline, and most motor access, customer service standards, after June 1, should include the sales vehicles are not subject to the sales and teleconference entry into cable. tax' tax. The meetings will be at: * Relatively few services (vs. * Local governments do not have - Maggie's Cafe, 1600 Monk Ave., goods) are subject to the sales tax. to pay the local sales tax which is in Mankato, hosted by Denny Kemp, The sales tax does, however, apply to: imposed by another local government. 507- 625 -6771; building cleaning and maintenance, (All governments, however, must pay - Radisson Hotel, 505 West lawn care, parking, laundry and dry the "local option sales tax " - -the Superior Street, in Duluth, hosted by cleaning, and security services. If a additional one -half cent approved by Tim Finnerty, 612 - 779 -7144; and city contracts with a private firm to counties last summer. SH - Pier's Home 20, Elbow Lake, provide such services, the city would hosted by Jeff Holsen, 218- 685 -4483. All meetings will be from 11:30 a.m. to 2:30 p.m. General information is available from Janet Wigfield at 612- 292 -7989. April 17, 1992 Printed on recycled paper Page 7 Federal update p ate EPA may limit city liability under Superfund Draft proposals from the U.S. The new policy recognizes that costs of Superfund sites. NLC 4 Environmental Protection Agency cities play a unique role as generators supports the approach as an (EPA) would give cities that generated and transporters of ordinary municipal "uncomplicated and ...straightforward or transported municipal solid waste a solid waste (and sewage sludge). EPA method..." favorable settlement for the cost of has proposed a formula for determin- The draft policy applies only to cleaning up Superfund sites. ing the city's contribution based on the transporters and generators rather than The National League of Cities is ratio of the cost to clean up an acre of owners and operators of Superfund strongly supporting EPA proposals to municipal solid waste to the cost of sites but EPA i se • � s seeking comments limit g cities' liability ry for clean-up costs cleaning eanin g up an acre of industrial from t _ to potentially liable city owner approximate) four percent Y pe cen of total hazardous waste. (The average operators. costs. The new draft municipal comparative costs are: $94 r Ci off i c ials pe y c als interested in settlement lie is a major or de artur Y J dep artu re acre for municipal solid waste com- obtaining a copy of the EPA draft from previous federal requirements pared with $2.3 million per acre for policy may contact Sandra Yamane at which designated cities' share at more the cost of hazardous waste clean-up.) the NLC Office at (202) 626 -3020. than 60 percent. The ratio of those comparative AH costs are multiplied by the cleanup OSHA regulations prove v e cost g 1 NLC requests p y q s to cities information OSHA regulations published on immunizations, training, and records on local zip December 6 will require cities to maintenance for such employees. provide employees who are perceived Cities will need to implement an code problem s to be' at risk of contracting hepatitis 13, exposure control plan, information and HIV, and other blood -borne diseases training, record - keeping, and provision special protection throughout their of personal protective equipment, as NLC is conducting a survey to employment with the city. OSHA well as inoculations and post- exposure determine how cities are resolving stands for the occupational safety and evaluations and follow -up. zip code problems. health act. City employees who will be most Please complete the survey In Minnesota, where the state runs affected by the new requirements are form on the next page and return a federally approved occupational hospital and health clinic personnel, the form by May 15 to the safety program, cities must comply emergency medical technicians 3 with federal OSHA standards. The (EMTs), ambulance attendants lice t" police, tonal League of Cities state federal) roved OS Y approved HA firefighters, and azb e collection g ag Center for Policy & program must adopt the new protective crews. Federal Relations measures by June 6, or sooner. Average annual OSHA costs per 1301 Pennsylvania Avenue N.W. Cities must provide rotective P employee are esti estimated ed to be. $60 r pe Washington, D.C. 20004 gloves and clothing, cleaning services, firefighter, $32 per police officer, $141 per sanitation worker. All Page 8 Printed on recycled paper LMC Cities Bulletin I''L Zip code survey 1. Name of staff contact 2. Mailing address 3. Phone number 4. How many ZIP codes serve your city? 5. Name of your congressman 6. Has your city implemented the Postal Service policy which allows postal customers to designate the name of the city in the postal address for the city in which the addressee resides (in contrast to the name of the city that the Postal Service has assigned in your area)? ❑ yes ❑ no If yes, has this improved your city's postal problems? ❑ yes ❑ no If you answered "no" to the last question, please explain 7. Our city is interested in ZIP code boundary changes for the following reasons: O delivery of emergency services ❑ mail distribution problems ❑ tax distribution ❑ other (specify) ❑ city identification 8. Has your city applied for a ZIP code boundary revision through an informal process (established prior to March '91) with the Postal Service? ❑ yes ❑ no If "yes," what is the status of your application? 9. Has your city applied for a ZIP code review under the U.S. Postal Service ZIP code boundary review process established in March '91? ❑ yes ❑ no If "yes," please provide date of application i 10. What is the status of your application? 0 pending ❑ denied 0 granted ❑ partially granted a) If your application was denied, what was the basis of the denial? b) Have you appealed this decision? ❑ yes ❑ no If so, what is the status of your appeal? c) If your application is pending, do you anticipate a decision? PP P g, a e Y P 11. Do you believe that the postal service has been cooperative and fair in its review of your application? ❑ yes ❑ no 12. Do you believe legislation is necessary to resolve the ZIP code boundary review process? 0 yes 0 no 13. Do you have any comments or suggestions that may improve the ZIP code boundary review process? April 17, 1992 Printed on recycled paper Page 9 - Y Conferences NLC holds cable TV franchise seminars National League of The National League of Cities has day -long session. Those attending will Cities conference scheduled two meetings to help guide receive a copy of a new handbook, The local officials through the pitfalls and Local Ojricials'Guide to Cable calendar opportunities of franchising cable Franchise Renewal. The National League of Cities has television operations. Registration is 5145 for NLC announced a partial calendar for The meetings will be in San members and $165 for others with various professional development Francisco, California on May 1, and discounts available for multiple conferences it is sponsoring during the Memphis, Tennessee on May 8. registrations. remainder of the year. The confer - The training will focus on policy For further information contact ences are intended for elected officials and legal issues which communities the National League of Cities, Center and staff personnel and are held at must consider in a franchise renewal for Education and Information various locations throughout the process. Rates, service, facilities, Resources, 1301 Pennsylvania Avenue country. access channels, opportunities for NW, Washington, DC 20004. Tele- The following is a list of the upgrading, cost controls, and competi- phone 202 - 626 -3170. conferences: tion will also be on the agenda of the -April 24-Cable Television Franchise Renewal, Memphis, Tennes- see; 'April d Fa Roundtable on MPCA holds tourism conference Children and Families:- Focus on Child Care Coordination, Denver, Colorado; Virginia Beach, Virginia will be The meeting will feature interac- -May 1, Cable Television Fran- the site of a conference entitled, tive discussions on key issues, innova- chise Renewal, San Francisco, Califor- "Communities and Tourism '92....A tions, and trends affecting communi- nia; Conference for Local Governments," ties involved in tourism. Topics will 'May 8, Cable Television Fran- from June 3 to 5, it was announced this include the economic impact of chise Renewal, New England Area; week by the International Association tourism, hotel development financing, -Mid May, Retooling your Local of Local Government Management programs for small communities, Economy: Critical Strategies for Professionals. master planning and growth control, Changing Times, Chicago, Illinois; The meeting is sponsored by the and the future of national and interna- -Mid May, Roundtable on Chil- resort and tourism network of the tional tourism. dren and Families: Focus on Strategic International City /County Manage- More information can be received Planning, Indianapolis, Indiana; meriAssociation and is the premier by contacting Jim Blanchard at ICMA, - Late May, Local Economic con:erence on tourism and resort 777 North Capitol Street, NE, Suite Development Finance: Sources, development for local government 500, Washington, D.C. 20002 -4201, Strategies, and Creative Solutions, officials who deal with tourism. 202/962/3591. Dallas, Texas; -September 9 -12, 12th Annual NATOA Telecommunications Confer- ence, Irving, Texas; -September 226, Volunteer week set for April 26 to May 2 Local Gove mentProfes Conference for Executive, Legislative, "Standing Ovation For Minnesota ways volunteers contribute to public and Administrative Staff, Louisville, Volunteers" is the theme of this year's and private causes and communities Kentucky; salute to the millions of Minnesota statewide are being asked to do -November 28, NLC's Leadership t citizens who give of their time and something special to honor local Training Institute, New Orleans; talents to enrich the lives others. The volunteers. Those desiring further - November 28- December 2, 69th tribute will take place from April 26 to information can contact the Minnesota Annual Congress of Cities and May 2 as part of the National Volun- Office on Volunteer Services, Depart- Exposition, New Orleans. teer Week festivities. ment of Administration, 296 -4731, or Contact the Center for Education The event will provide Minnesota 1 -800- 652 -9747. and Information Resources, National the opportunity to highlight the many League of Cities, 1301 Pennsylvania Ave., N.W. Washington, DC 20004. Page 10 Printed on recycled paper LMC Cities Bulletin Service fee on water supplies is passed An annual fee on service connec payment by June 30 of each year. The be responsible for fees they have tions to public water supplies was payment schedule may present a collected and not for delinquent fees. approved as part of the omnibus problem for cities that bill either on a In other words, cities will not be held finance bill and will likely be signed bi- monthly or a staggered quarterly responsible for non - payment by water into law by the Governor. Cities will basis. Cities may be forced to alter customers. be required to collect the $5.21 fee their billing schedule or advance . The bill did not grant rule making with the money going to the depart- billing one quarter to meet the pay- authority to the Department of Health, ment of revenue for testing of water ment date. The departments of health so any future increases in the annual supplies. and revenue have agreed to work with fee must go through the Legislature. Payments to the department of the League to determine how best to The bill also requires the department revenue will be required quarterly, manage this problem. to work with utilities to determine with the first payment due September Water suppliers will face a five alternative methods of financing. This 30, 1992. Water suppliers with fewer percent penalty if the amount owed to appears to mean the department will than 50 service connections will be the department of revenue is more than be investigating various mechanisms to allowed to make a single annual 30 days late. However, cities will only apply additional fees in the future. TB Auditor's bill addresses city financial reports A bill authored by State Auditor auditor. The bill will also prohibit government. Also prohibited are any Mark Dayton's office was ironed out in state and local elected officials from pictorial or graphic devices that would conference committee late last week. receiving monetary compensation for tend to attribute the publication to an Provisions in the bill will affect city unused vacation or sick leave accruals. individual or group instead of the unit operations ranging from liquor store The bill doesn't restrict in any way the of government. audits to photos in local publications. accrual or use of vacation or sick leave Two amendments to the bill were The bill covers a number of as provided for by resolution or not approved by the conference financial and reporting matters ordinance. committee. The first would have ` relating to cities and local entities. Citing many examples of abuse, prohibited the personal use of public The committee agreed to a provision committee members voted to prohibit vehicles, other than marked public that will impose financial reporting photos of local elected officials from safety vehicles. Another provision and auditing requirements on cities appearing in reports or informational would have required that credits or operating liquor stores with total publications produced by the local unit benefits from publicly funded airline annual sales in excess of $350,000. of government. The restriction travel to accrue to the public body The state auditors office expects 21 initially applied to only cities and rather than the individuals who cities to be affected by this require- counties, but was expanded by the traveled. Both items were rejected as ment. The bill will also allow regional Conferees to include towns, school being too difficult to administer and to development commissions to contract districts, and any other local units of police. TB for audits instead of having them done by the state auditor. Finally, the committee report includesarequire- Parade of flags ment that towns with a population of greater than 2,500 and with subm it t a financial annual plans are all but finalized for Shakopee Road, Bloomington, MN prepare and submit revenue of l report the League of Minnesota Cites 55431 -3096, not later than . May 15. more to to the state auditor. Dual convention at the Radisson The flags will be displayed in The conference committee report South Hotel in Bloomington on the opening session's Parade of also dealt with other issues that will June 9, 10, and 11. Flags and officials emphasize that impact local elected officials and City flags are once again going only flags, and not poles, are employees. Local government to have a prominent role in the I needed for the occasion. Anyone employees will now be required to opening festivities, and cities which with questions may call DarIyne promptly report evidence of theft, have an official flag should send Lang at the LMC office, 612-227 - embezzlement, or unlawful use of them to Mark Thompson, City of 5600. public funds or property to the state Bloomington, 2215 West Old April 17, 1992 Printed on recycled paper Page 11 0 9 0 9*2 ® e e f: ® e ® e OF MINNESOTA e Available in February Price $25* The Directory contains: Directory Updates • Names of all city officials and department Updates to this directory will be available heads in Minnesota in May and September for the following • City hall street addresses and zip codes information: Names of mayors, managers, • Designation of Plan A and Plan B cities clerks, and councilmembers and city hall • Council meeting dates addresses, phone numbers, and fax numbers. • Telephone numbers of city hail or city The directory purchase price includes the clerk, when available updates. • Populations from the 1990 federal census Please send changes to Laurie Audette, • Legislative and congressional districts LMC, 183 University Ave. E., St. Paul, MN 55101 -2526. *Advance payment required. Discounts available for member city officials. Mail order form to Finance Department, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 Order form: 1992 Directory of Minnesota City Officials Name Number Title of copies at $25 Firm/State Department Member cities: 25% discount Address Subtotal City /State/Zip .065% sales tax Postage and handling Postage and handling (see chart at left) If your order is between: $1.00 and 525.00 $1.50 Total enclosed $26.00 and $50.00 $3.00 $51.00 and $75.00 $4.50 Add sales tax if applicable multiply b 065 over $75.00 $6.00 P Y Y (cities are exempt). Municipal ads LMC announces regional meeting schedule The League of Minnesota Cities Municipal ads areprinted at no charge to metnbercities.Ads ruin one issue only unless notice is received to run a second time. The Cities Bulletin Is published weekly during the legislative r finalplans for this fall finalized ized ppll which will be held session and once a month during the interim, the time between sessions. Municipal ads will g meet appear in the next available Cities Bulletin. Cities have the right to reject any or all bids on at 12 locations around the state equipment or proposals, and to waive any informalities therein. Minnesota cities are equal beginning on August 31 and conclud- opportunity employers. ing on September 24, according to Tom Thelen, LMC field representa- Positions 4408. The city reserves the right to reject bids five. and to award the bid in the best interests of the The League holds the meetings CITY ADMINISTRATOR. The City of city, each fall to give city administrators Hector (population 1,145) is seeking a full -time DESKS. The City of Deephaven has for We city administrator. Qualifications include a thre steel case desks and one wooden computer and elected officials a first -hand Bachelors degree in public administration, desk with hutch and matching printer stand. Best opportunity to learn about new trends business administration, or related field and two offer: Offers must be sent to the City Clerk, and events affecting city government. years of public sector administrative experience. 20225 Cot ewood Road, Dee haven MN �8 Deep haven, is based on qualifications and experience. 55331 afternoon sessions, beginning at 55331 by April 27, 1992. For more information 2 :30 m. at each location, are for ci Submit resume to City of Hector, P.O. Box 457, contact City Hall at (612) 474 -4755. p' ty Hector, M2N 55342 by April 30, 1992. Call (612) FIRETRUCK. The City of Center City has administrators and staff, while the 848 -2122 for a complete job description. for We on bids a 1965 GMC 4000 fire evening se ssio ns, which include a ASSISTANT CITY ENGINEER The City department tanker truck. It has a V6 gas engine social hour and dinner are for of Savage (population 11,000) is seeking an with dual tanks; four -speed transmission; new assistant city engineer. Salary range is 540,181 to tires and rims; approximately a 2000 gallon C011nCllmemberS, mayors, admmistra- 544,411. Responsibilities include assisting the capacity stainless steel oval tank with a manual tors, and staff. The afternoon sessions public works director/city engineer; municipal 8" side discharge (driver side); and comes are over at 5 p.m., followed by a social engineering activities; preliminary design, complete with lights, siren, and radio (if hour until 6 p.m., dinner and a feasibility reports, final design, and construction purchased by a fire department). Bids will be administration of municipal improvement opened May 6, 1992 at 7:00 p.m. at the Center discussion about legislative topics projects; supervision of drafting, inspection, and City affecting city government follow. surveying/staking. Requirements include ty fire hall. Bids must be put a sealed g Y$ envelope and marked in the lower left -hand Each meeting accommodates registration as professional engineer in corner "bid for tanker truck." For more cities in an eight to 10 county radius of Minnesota and six years municipal engineering information and to send bids contact Center City experience. Excellent benefit package included the host city. According to LMC Fire Department, P.O. Box 413, Center City, MN Apply to City of Savage, 6000 McColl Drive, 55012. The city reserves the right to reject any or officials, average attendance for the Savage, MN 55378, (612) 890 -1045. Application all bid, meetings is from 100 to 150 city deadline is June 1, 1992. EOE/AAE TELEPHONE SYSTEM. The City of Officials. PROJECT PLANNER The City of Oakdale has for sale an Executone Encore 1232 Minnetonka is seeking a project planner. Duties The following locations and dates plus telephone stem with power supply, g include assisting n the administration and P y to es, two eight g expansion boxes, 1 I six button phones, two six have been confirmed: enforcement of land use regulations, review of button speaker phones, four twelve button Fulda, VFW Club various land use permits, preparation of detailed console phones, and one twelve button main Monday, Aug. 31 staff reports, providing accurate information to console. Best offer. Offers will be accepted Eagle Lake, Legion Club developers and the public regarding planning through Friday, May 15, 1992. Direct inquiries to Tltesday, Sept. 1 related matters, and undertaking planning and Ron Rogstad (612) 730 -2706. Send offers to E ota VFW zoning studies. Minimum requirements include a Y Deputy City Clerk, 1584 Haoley Ave. N, Wednesday, Sept 2 Masters degree in planning or related field with Oakdale, MN 55128. one year of relevant experience, or a Bachelors Hanover, Community Center degree with two or more years of relevant USED RESCUE TRUCK. The City 'Thursday, Sept. 3 Sleepy Eye has for sale a 1972 Ford step van Mountain Iron, Senior Center experience Salary range is $31,658 to $35,755 rescue equipment truck. U has a 6 cylinder (1991 levels) with excellent fringe benefits. For engine, 8000 miles, four speed manual Wednesday, Sept. 9 an application contact City of Minnetonka, Hinckley, Tobies transmission, 750 x 16 dual wheels on near, 750 x e Personnel, 14600 Minnetonka Blvd., 16 highway tires on front, front mounted 8000 Thursday, Sept. 10 Minnetonka, MN 55345, 939 -8200. Application pounds electric winch, and lights and siren. The Bemidji, Holiday Inn Conference Center deadline is May 18, 1992. AAE inside measurements are 14 feet long, six feet Wednesday, Sept. 16 high. It is in excellent condition. Bids will be Deerwood, Community Center For Sale accepted until April 29, 1992 at 5:00 p.m., Thursday, Sept. 17 AMBULANCE. The City of Silver Bay has opened at 7:00 p.m at the Sleepy Eye fire station. Warren, American Legion of Sloe E ye, 200 East Main or sale a 1979 Ford E350 ambulance, GVWR Send bids to City Py y Monday, Sept. 21 9700 #. It has a 460 V-8 with A.T., P.S., P.B., air Street, Sleepy Eye, MN 56085. Envelope of bids Glyndon, Community Center conditioning, and a Classic II pod. The unit is in must be marked "Rescue truck bid." Sleepy Eye TlteWay, Sept. 22 reserves the right to accept or reject any or all above - average condition with 44,856 miles and Eagle Bead, Veteran's Club has been well maintained. Sealed bids will be bids. For more information contact Bob Zinniel, Wednesday, Sept. 23 accepted until 2:00 p.m. Monday, May 18. For fire chief at (507) 794 -7691 or (507) 794 -6018. Clara City, Community Center or more information contact City Hall (218) 226- Available upon delivery of new rescue truck in April 1992. Legion Club Thursday, Sept. 24 Printed on recycled paper FIRST CLASS U.S. POSTAGE PAID St. Paul, Mq& PERMIT NO. 3XW League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101-2526 Phone: 612-227-5600 FAX: 612-221-0986 ti 77he League of Minnesota Cities publishes Cities weekly during the monthly du the 0 less, n 'he Minnesota B w the Legislative ve 0 U the Legislative Bulletin we d ur i ng the Legislative session and monthly durin the 71 Legislative between interim the time between sessio Subscriptions: ubscriptions: members-$35; non-members - Contac . t F$50. Contact: Laurie Audette, League of Minnesota Cities. Donald Slater APR 2.0 Executive Director TIM Busse Assistant Editor Jean Mehle Good Editor League gue L of Minnesota Where to get legislative information at the Capitol* Cities Staff Citiegislativ e Staivff Copies of bills Joel Jamnlk House Chief Clerk's Office - 296-2314, Rm. 211, State Capitol Environment, personnel, public safety, Secretary of Senate's Office - 296-2343, Rm. 23 1, State Capitol general government John TMdbkwn Taxes, fi nance Bill status, authors, companion, committee referral (by bill number, Sarah Hackett author, or topic) Tax", f inance , transportation House Index - 296-6646, Rm. 211, State Capitol Stanley Peskair Senate Index - 296-2887, Rm. 231 State Capitol Pensions, personnel, public safet Donald Slater i Development tool Weekly Committee schedules, bHI Introductions, and summaries of Ann H4Wns; committee and floor action Federal le g i s l at i on , elections ethics Gar Carlson House Information Office - 296-2146, 175 State Office Building Finance, taxes Senate Information Office - 296-0504, Rm. 231, State Capitol Mary Diedrich Legislative Secretary Recording of the following day's committee schedule and agenda, Jube Johns (after 4:30 p.m.) Legislative Secretary "House Call" (House committee schedule) - 296-9283 Association of Metropolitan Senate Hotline (Senate committee schedule) - 296-8088 Municipalities Legislative Staff Vern petersm To reach a member on the House or Senate floor Executive Director House Sergeant at Aims - 296-4860 Roger Peterson Senate Page Desk - 296 -4159 Director of Legislative Affairs To notify the governor's office of your concerns Governor Arne Carlson - 296 -3391, Rm. 130, State Capitol •All addresses are St. Paul, M 55155, all area codes 612 CITY OF BROOKLYN CENTER council Meeting Date Ap[il 27.1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: JOINT MEETING WITH THE CITY OF BROOKLYN PARK DEPT. APP ter, City Manager MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUIVEVIARY EXPLANATION: (supplemental sheets attached ) . Attached please find a copy of a memorandum from the City Manager of Brooklyn Park outlining the discussions at your joint meeting with the City of Brooklyn Park. We have been asked by the Brooklyn Park to review the information contained in this memorandum, concur or modify in the suggested actions and activities and get back to the City of Brooklyn Park. RECOMMENDED CITY COUNCIL ACTION Review and discuss the matters contained in the joint meeting memorandum and make recommendations to the City of Brooklyn Park regarding Brooklyn Center's wishes and concerns. s MEMORANDUM DATE: April 13, 1992 TO: Mayor & City Councilmembers Cities of Brooklyn Park and Brooklyn Center FROM: Craig R. Rapp, City Manager Gerald Splinter, city Manager SUBJECT: Summary of Joint Meeting ------------------------------- -------------------------------- - - - - -- On Monday, March 16, a joint meeting of the City Councils from the Cities of Brooklyn Park and Brooklyn Center was held at the Brooklyn Park City Council Chambers. A variety of issues of mutual concern were discussed. The following is a summary of the issues as well as potential follow -up measures to be taken: 1. Public Image The question that was debated by the two City Councils was, "How do we change perceptions?" g P p • A variety of ideas were put forward ranging from enhanced citizen participation to the use of the Tourism Bureau and a potential establishment of a joint public relations effort. • It was determined that the key participants in an initial effort to improve the image of the two cities would be the Chambers of Commerce, the local realtors, and the apartment owners. We suggest that representatives of these three groups get together to brainstorm ideas with the ultimate goal of developing a strategy for the two cities. The initial effort could be facilitated by staff with input and direction from the City Councils, along with final approval of any work product. 2. Public Safety /Crime It was agreed that both cities had excellent public safety programs in place but that additional joint efforts, particularly in tight budget times, is important. . The following items will be investigated for possible joint efforts: o Brooklyn Park Community Resource Building (COP Proaraml - It is agreed that Brooklyn Park will set up this facility and operate programs from this location. Brooklyn Center will consider involvement and /or potential contribution to the facility. o Canine Pr4q am - City Managers will refer this to Chiefs of Police for development of a recommendation. O Domestic Abuses Program - Brooklyn Center currently has a Domestic Abuse Program in p lace• Broo City Managers will refer this to hi l chie Park of does The ice for a recommendation on a possible joint effort. 3. Transportation A wide - ranging discussion on options for joint efforts, particularly +� P Y in light of the Vision for Transit " w as held. The City Managers will direct their staffs to prepare options for possible joint efforts. This process will include involvement from the business, education and residential communities within each City. It was agreed that the two cities, along with Hennepin County and MnDOT, would study potential north -south corridor connections as well as the issue of expansion of 1- 94/694 and its impacts on both cities. It was also agreed that the two cities would work jointly to examine the impacts of the Brooklyn Boulevard study being conducted by Brooklyn Center so that impacts on both cities will be Considered. CITY OF BR CENTER Council M Date A ril 27 1992 C BROOKLYN Meetin R Agenda Item Number 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: HRG 1991 RECYCLING ACCOMPLISHMENTS AND 1992 GOALS DEPT. APPROVAL: J Jones MANAGER'S REVIEW/RECOMNIENDATION: ev No comments to supplement this report Comments below /attached SUNE ARY EXPLANATION: (supplemental sheets attached ) • The Hennepin Recycling Group (HRG) made several changes to the recycling program in 1991 as an effort to improve recycling levels. Those three major changes were: added plastics and corrugated cardboard to the curbside collection program, beginning February 1991 began awarding $50 weekly recycling prizes in July 1991 adopted multi - family recycling ordinances, which became effective July 1991 The collection of plastic bottles and corrugated cardboard was added to the residential curbside collection program in response to County requirements and consumer demand. A successful pilot project, where plastic milk and pop bottles were collected during the Fall of 1990 in selected areas, also prompted increased interest in plastics recycling among HRG residents. Hennepin County required that plastics and cardboard be added to curbside collections during the Spring of 1991, but HRG moved forward with the addition earlier, hoping to increase recycling tonnages for 1991. As an effort to offer an incentive for residents to participate in the curbside recycling program, the Board implemented a $50 weekly cash drawing program in July 1991. One household is randomly selected in each of the three HRG cities each week to qualify for the $50 prize. If the resident has their recycling bin out at the curb, they win $50. If the selected household does not have their recycling bin out that week, HRG staff proceeds to the right down the block until a participating household is found and awarded the cash prize. Since implementation of the cash drawing participation rates have slightly increased. As required by Hennepin County, each HRG city also adopted a Multi - family Recycling Ordinance which requires apartment building owners to provide recycling services for their tenants. The ordinances became effective July 1, 1991. HRG staff recently completed data on the level of • compliance with this ordinance among 121 apartment complexes in the HRG area. It was found that 75% of the apartments are voluntarily providing recycling services to their tenants. 1991 RECYCLING ACCOMPLISHMENTS HRG greatly improved its recycling efforts in 1991 to a 33% residential recycling rate. 1990's overall recycling rate for the HRG area was 28 %. The weight of material recycling in 1991 can be broken down according to the following categories: - curbside collection 4,505 tons - Goodwill drop -off 785 tons - multi - family recycling 560 tons yardwaste collection 5.724 tons 11,574 tons 1992 RECYCLING GOALS Recycling levels in 1992 must increase in order for HRG to receive full 80% funding or qualifying recycling expenditures. HRG must recycle 18% of its residential waste through curbside collection, recycling drop -offs, and apartment recycling in 1992. This is an increase from 16% in 1991, which HRG did meet. Since yardwaste collection does not count towards this goal, HRG is focusing its efforts in additional recycling tonnages from the curbside program, the Goodwill Drop -off, and apartment recycling. In January 992 HRG added the collection of magazines to the curbside collection program. HRG • rY g P g will also be evaluating the possibility of adding collection of mixed paper to the curbside program later in the year. HRG also merged into a collective contract for refuse and recycling collection at all municipal buildings. New recycling efforts at municipal buildings in the HRG area, which help count towards the County goal, appear that they will double 1991 figures. Increasing apartment recycling participation is currently a primary focus of HRG staff. Letters are being sent to non - complying apartment buildings, encouraging them to seek our assistance in implementing recycling programs. HRG staff will be continuing to follow up on each building's compliance throughout the year. A new recycling effort is planned for the Fall of 1992. HRG is formulating plans to hold a special materials collection at the Crystal Airport in September. This collection would provide HRG residents with a opportunity to drop off problem materials for recycling such as: appliances, tires, scrap metal, used motor oil and Goodwill donations. Through such a collection effort, HRG hopes to increase residential recycling levels in 1992 even further. Increasing 1992 recycling levels in the HRG area by another 2% will be difficult to achieve. However, recycling levels in the curbside collection program during the first quarter of 1992 are showing an 8% increase. With improved apartment recycling participation and a special materials collection, HRG could realistically meet this goal. Comparision of 1991 and 1992 Curbside Recycling Statistics Residential and Multidwelling Combined 1 7 9 F 1 7 F 1992 CRY NH BC HRG CRY NH BC HRG JAN 129.34 98.76 130.66 358.76 126.54 101.72 159.19 387.45 FEB 111.41 78.83 124.09 314.33 ! 119.84 88.78 131.95 340.57 MAR 121.99 86.99 144.80 353.78 152.26 102.62 139.92 394.80 APR 145.98 97.80 140.24 384.02 0.00 MAY 146.36 105.39 184.02 435.77 0.00 JUN 128.89 91.08 138.89 358.86 0.00 JUL 154.61 105.41 131.21 391.23 0.00 AUG 126.49 90.82 178.59 395.90 0.00 SEP 145.68 89.79 135.63 371.10, 0.00' OCT 147.58 115.08 156.96 419.62' 0.00 NOV 127.75 94.08 139.64 361.47 DEC 160.40 116.43 162.24 439.07' 0.00 YEAR TOTAL 1,646.48 1,170.46 1,766.97 4,583.91 398.64 293.12 431.06 1,122.82- MO AVE 137.21 97.54 147.25 381.99 132.88 97.71 143.69 .......... THROUGH 3 MONTHS: TONS % CNG 1991 1026.87 1992 1122.82 8.55% CITY OF BROOKLYN CENTER Council Meeting Date April 27, 1992 Agenda Item Number_�� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AD HOC COMMITTEE APPOINTMENT CRITERIA AND WATER MANAGEMENT TASK FORCE APPOINTMENTS DEPT. APPRO erald pl ter, City a ag MANAGER'S REVIEW/RECONEMENDATION: No comments to supplement this report Comments below /attached SUNDJARY EXPLANATION: (supplemental sheets attached ) At your last City Council meeting the City Council tabled consideration of the appointment of the Ad Hoc Water Management Plan Task Force to consider further the format and criteria used by the City in appointing and establishing the ad hoc committee. Attached please find a memorandum from Geralyn Barone to myself relating to the format used previously by the City Council in establishing and appointing ad hoc task forces and permanent standing committees and commissions. Also provided for your review and consideration is a resolution establishing the Brooklyn Center Ad Hoc Water Management Plan Task Force and defining duties and responsibilities. In our agreement with the water management plan consultant (BRAA) five task force meetings are scheduled for task force member input. The timing of the meetings will be based on the scheduled completion dates of various phases of the project. Because there is a critical drainage area problem requiring the consultants and the task force's immediate attention in the area of 63rd Avenue west of Brooklyn Boulevard, it is incumbent upon us to proceed on this matter as expeditiously as possible. I am also enclosing the information submitted to the Council at your previous meeting related to this subject. RECOMMENDED CITY COUNCIL ACTION Recommend the Council approve the resolution establishing a Brooklyn Center Ad Hoc Water Management Plan Task Force and defining its duties and responsibilities as presented or modified by the City Council. I further recommend appointment of the members to this task force as quickly as possible so as not to delay the project. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: April 23, 1992 SUBJECT: Ad Hoc Committees Attached is the standard format used by the City when establishing ad hoc committees. The origination of this form is the enabling resolutions of the City's advisory commissions, which follow this basic format. The enabling resolutions of the financial task force and communications task force also follow this format. Mayor Paulson expressed concern about membership criteria. I feel the language used in our existing resolutions and repeated in the attached resolution adequately addresses the concerns raised by the mayor (see Subdivision 6, Representation Requirements) . Please let me know if you need additional information regarding this. Attachment SAMPLE ENABLING RESOLUTION FOR AD HOC TASK FORCES Member introduced the following resolution and moved its adoption: RESOLUTION NO.. RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of . . and assisting the City Council in formulating priorities related to . . . NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's . . . Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to . . . Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: [Enumerate and describe duties and responsibilities] Subdivision 5. COMPOSITION: The Task Force shall be composed of a chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority .consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's RESOLUTION NO. efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Task Force of matters relevant to City finances. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. Qualification for Membership Members of the Task Force shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in . . . Representation Requirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations- Removal from Office- Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. RESOLUTION NO. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Task Force shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Task Force. Special meetings may be called by the chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the City's staff to serve as staff to the Task Force. The staff member assigned shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire on unless specifically extended by the City Council on or before said date. ' Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly . seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC WATER MANAGEMENT PLAN TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of providing review and comment regarding development of a Local Water Management Plan and assisting the City Council in formulating priorities related to said Local Water Management Plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc Water Management Plan Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Water Management Plan Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's Local Water Management Plan. - Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to review information, comment on analysis and recommendations, and assist in prioritization. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: 1. Review and develop information. 2. Provide review and comment to the analysis and ' recommendations of the City's consultant, Bonestroo, Rosene, Anderlik, and Associates (BRAA). 3. Assist in the prioritization of said recommendations. Subdivision 5. COMPOSITION: The Task Force shall be composed of a chairperson, representatives of BRAA, City staff, and up to five (5) citizen members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: RESOLUTION NO. 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's Local Water Management Plan efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Water Management Plan Task Force of matters relevant to City finances. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. Qualification for Membership Citizen members of the Task Force shall be residents of the City of Brooklyn Center while serving on o the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in various philosophies regarding water management and environmental issues, and a commitment to the betterment of the community. Representation Requirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations- Removal from Office- Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. RESOLUTION NO. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Task Force shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Task Force. Special meetings may be called by the chairperson. Subdivision 9. STAFF: The City Manager may assign one member of the City's staff to serve as staff to the Task Force. The staff member assigned shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or -her Councilperson- appointee shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire on adoption of the Local Water Management Plan by the Council unless specifically extended by the City Council on or before said date. e Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 04 /13/92 Agenda Item Number 9 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: APPOINTMENT OF CITIZEN MEMBERS TO THE WATER MANAGEMENT PLAN TASK FORCE DEPT. APPROVAL: . i" Sy Knapp, Dire of Public Works .� 1W 1 �K MANAGER'S REVIEW /RECOMMENDATION• No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached At the January 27, 1992 Council meeting, the City Council approved a contract g Y PP with Bonestroo, Rosene, Anderlik and Associates, Inc. (BRAA) for Engineering Services relating to the development of a water management plan for the City of Brooklyn Center. At that time staff also proposed that a Water Management Task Force be appointed, consisting of representatives from BRAA, City staff members and several citizen members. BRAA has now mobilized their staff for this study and has met with City staff members several times, primarily for the purpose of orienting BRAA staff with the City, and for information transfer. It is now appropriate to appoint citizen members of the task force. The primary functions of this task force are to meet with staff and the consultant to review information, to assist them in developing information, to provide review and comment to the analysis and recommendations of the consultant, and to assist in a prioritization process. In selecting citizen members, we believe it is important to try to assure a balance of representation from the various portions of the City which have the most significant water management issues — both storm water run -off and water quality; to have a balance of persons representing various philosophies regarding water management and environmental issues; and especially, to have conscientious members who are committed to the betterment of the community. Based on these criteria, we suggest appointment of the following persons (listed in alphabetical order) to the Water Management Task Force. I have contacted each of them, and all have expressed a strong interest in serving on the task force if they are appointed by the City Council: John Kalli her - 5548 Girard Avenue nue Mr. Kalligher is an attorney, is a member of the Brooklyn Center school board, and is a member of the Earle Brown Neighborhood Housing Advisory Committee. Kristin Mann - 5415 East Twin Lake Boulevard Is member of the City Planning Commission and is president of the Twin Lake Association. Dan McGroarty - 6312 Orchard Avenue North Is a quality assurance inspector for A.D.C. Telecommunications. He lives in an area of the City in which a number of homes, including his, have experienced periodic flooding problems. During the past several years we have found him to be knowledgeable regarding flooding problems in his neighborhood and cooperative in our attempt to find solutions. _ Jon Perkins - 3719 72nd Avenue North Is a realtor and is a member of the Brooklyn Center Housing Commission. Timothy Teas - 7000 Regent Avenue North Is a science teacher and coaches football and basketball at the Osseo High School. He and his family have lived at this address for ll+ years. He expresses a strong interest in serving the community. t1f the Council approves the appointment of the citizen members to the task force at the 4/13/92 meeting, we will plan to have the first meeting of that task force, and a public informational meeting in late April. Note For the Council's information, copies of the attached questionnaire were sent to all property owners in the City. To date approximately 2,000 replies have been received. While the majority of those responses indicate a basic satisfaction with the City's water management system, approximately 600 submitted detailed, very meaningful, comments and information. Because of the volume of those replies, we have not yet completed a summary of these comments. While most of them reported problems which staff has been aware of, there were a number of "surprises ". Also, the responses indicate a substantial level of support for correcting problems in the storm drainage system, groundwater seepage into basements, flooding problems, surface water quality improvements, wetland protection, erosion control, and other environmental enhancements. We believe that detailed evaluation of these responses will provide the City with an excellent basis for responding to citizen needs. RECOMMENDED CITY COUNCIL ACTION Review and discuss Approve appointment of citizen members, of the Water Management Task Force, by motion. CITY OF BROOKLYN CENTER Council Meeting Date 01/27/92 • Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT 1992 -12, PURCHASE OF PROPERTY AT 4100 -51ST AVENUE NORTH, APPROPRIATING FUNDS THEREFORE, AND AUTHORIZING CITY MANAGER TO NEGOTIATE FOR THE PURCHASE THEREOF DEPT. APPROVAL: Sy Knapp, Di ector of Public Works MANAGER'S REVIEW/RECONEMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Yes On March 9, 1992, the City Council considered a recommendation from the Park and Recreation Board that the City purchase the house and property located at 4100 -51st Avenue North (see Exhibits 1 and 2 attached) for use as park and open space. At that time the Council adopted a motion " . . . to direct staff to proceed to hire a private appraiser, negotiate and provide a recommendation for Council's consideration." The appraiser's report has now been received and City Council members have received a confidential report of the appraised value. If the Council wishes to proceed with negotiations for the purchase of this property, we recommend that the City employ Evergreen Land Services (the firm which successfully conducted all negotiations for purchase of the 23 homes on 69th Avenue) to conduct negotiations for the City. Evergreen has submitted a proposal for these services wherein they estimate their fees will not exceed $1000. It is also recommended that the City Council authorize the City Manager to submit an offer to purchase the property based on that appraisal. If that offer is accepted, the City Manager would be able to complete the purchase without further approval from the City Council. However, if the property owner(s) will not agree to sell the property at the appraised offer, the City manager would be directed to present a negotiated figure to the City Council for its consideration. The proposed resolution establishes the project, appropriates funds therefore, and authorizes the City Manager to negotiate for the purchase of this property. While the resolution shows an estimate of $10,000 for clearance costs, we still • remain optimistic that the costs would be considerably less, and that this item could even be a credit to project costs. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. Note While the appraised value is being kept confidential at this time, it is noted that both the appraised value and the purchase price will be made pubic if and when a purchase agreement is executed. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1992 -12, PURCHASE OF PROPERTY AT 4100 -51ST AVENUE NORTH, APPROPRIATING FUNDS THEREFORE, AND AUTHORIZING CITY MANAGER TO NEGOTIATE FOR THE PURCHASE THEREOF WHEREAS, on March 9, 1992, the City Council considered a recommendation from the Park and Recreation Commission that the City purchase the house and property at 4100 -51st Avenue North (The Property) for use as park and open space; and WHEREAS, City staff have obtained an independent appraisal of The Property; and WHEREAS, the City Council has reviewed the appraiser's report and the appraised value; and WHEREAS, the City Council wishes to acquire The Property by negotiated purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -12, Purchase of Property at 4100 - 51st Avenue North, is hereby established. 2. The City Manager is authorized and directed to commence ' negotiations with the owners of The Property. 3. The City Manager is authorized and directed to offer to the owners of The Property for the purchase thereof, the amount determined by appraisal. Any such purchase agreement executed by the City Manager shall contain the provision that it is subject to approval and ratification by the City Council. 4. If the.owners of The Property do not agree to the sale of The Property or the appraised value, the City Manager shall attempt y PP y g P to negotiate with the owners a purchase agreement acceptable to them and secure the execution of such purchase agreement by the owners, which purchase agreement shall be submitted for approval to the City Council. RESOLUTION NO. 5. The estimated cost of this project is as follows: Appraisal costs (BCL Appraisals) 500 Negotiation costs (Evergreen Land Services) 1,000 Legal and administrative costs 5,000 Purchase costs NIS Clearance costs 10,000 6. All costs relating to this project shall be charged to the Capital Projects Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk %The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Exhibit 1 Brixius Property Slat I Outlot A & B acquired with - %Twin Vi ew Meadow plat 3 Soo Irn ottTi^ a I � It ao rn Q R MIDDLE TWIN jO' . A li 1i - 4 I I TI T, I1.. i ' . ) "`.'!.'1: .../' �/ t• i .�.i.. ,�1N.p�9• :� 1 ' 1 .,� "•1R.111 / /:Vv' �- lilt ? : r; T N LAKL AVE p 1 L44 e — t - � ...rl� 1 h• r.. t. 0:1,1 t .r / ,. 1 71 :': ••�'. uKe - view Ave – 1 o L � �.� � � �,/ � � :.1;, :• Z / 1 r:C•` S 1 it m AZELIA AVE I / / J 1 j fff -wit. I � i 1 LAK �1 r .... -- Ms. Thorbus again mentioned the need of signing the parking lot aiid also mentioned the heavy use there is between the library, fields, etc+, City Manager Gerald Splinter explained further parking /lots, sign`'; g etc. Director of Recreation Mavis talked about the prob there were years ago with the southern neighbors /and that the Li \res League took over to help with the parking pr blems. DirectPublic Works S Knapp explained th Y PP p at signage of lots is a last rt to prob lems; 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 mentioned 'fiat when the paths were put in they ad waited to see what areas people used, then put the paths where t ey were needed. There was a questio of the height of th fence to be put around the fields. City n Ma er Gerald S li r informed rmed them that it P would be a 4 ft. fence Chairman Sorenson stated that this all depends on the council a.�proving the and proposal. City Manager Gerald Splinter said the ex 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 g the council of the concerns the neighbor uld have, and that he was sure their concerns could be work d ou . One of the residents stated that their only concerns w re the children's playground and the question of an additional Y 1 ark'n i ou ci g. n lmember Pedlar said that a safe distance would be strong poi t for consideration. After some discussion n the safety fa or, Chairperson Sorenson asked for any additio al comments to which there was no reply, then he thanked the peop e for coming. Direc r of Recreation Mavis stated that we nee a recommendation for th proposal. 'Commissioner To Shinnick made the motion and C mmissioner Russell seconded the otion that the Park and Recr ation Commission recommend to e city council that the City lease this land to the American Lit le League. The motion passed. Councilme er Pedlar asked when this item would be o the council agenda a d City Manager Gerald Splinter informed him t at it would be on t e March 9 agenda. Director of Recreation Arnie avis said that e would take care of getting the notice on th March 9 meet' g out to the concerned public. Th neighborhood meeting disbursed at 8:45 p.m. A five mi ute eak was 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 e r Gerald Splinter g ter ex 1 P explained the study udy 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 p 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 ther 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- CONFIDENTIAL MEMO DATE: April 23, 1992 TO: City Council Members FROM: G.G. Splinter, City Manager RE: Acquisition of Brixius Property at 4100 -51st Avenue North As requested by the City Council, a private appraisal of this property has been completed by BCL Appraisals, Inc.— the same firm which completed all appraisals of residential properties on 69th Avenue. Their appraised value for this property is $145,000. This compares to the City Assessor's appraised value of $137,800. The City Assessor has reviewed this appraisal and stated that he believes it is a valid and proper appraisal of value. While staff could certainly present this appraisal to the owner and attempt to negotiate a purchase agreement, we recommend that the City hire Evergreen Land Services to conduct these negotiations for the following reasons: • we have been advised that Mr. and Mrs. Brixius are in the process of a divorce. • we have also been advised that mortgage payments are overdue, and that the property may be close to foreclosure. • because Mr. Brixius approached the City with a request that the City consider purchasing the property, we believe it is not necessary for the City to make relocation payments. However, it is very important that negotiations be conducted properly. Evergreen conducted all negotiations for purchase of the 23 homes on 69th Avenue very skillfully and successfully. They have estimated that their charges will not exceed $1000. Accordingly, we are asking the Council to establish the project, appropriate funding from the Capital Projects Fund, .and authorize me to negotiate for the purchase of this property. A Gpli t r, City Manager cc: City Attorney Charlie LeFevere Finance Director Paul Holmlund CITY OF BROOKLYN CENTER Council Meeting Date 04/27/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL TO CONVERT ELECTRICAL SERVICE LINES FROM OVERHEAD TO UNDERGROUND, 69TH AVENUE RECONSTRUCTION IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVAL: Sy nape, rector of Public Works q: a MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attaclWd SUMMARY EXPLANATION: (supplemental sheets attached • As was reported to the Council at the last meeting, staff has solicited and received proposals from electricians to perform electric service revisions in conjunction with the 69th Ave. No. project. These service revisions to six residences, a water tower and a sewage lift station are necessitated by the removal of overhead power in the project area, and subsequent burying of the electric lines. At the Council meeting of April 13, 1992, the City Council approved an agreement with NSP to perform the necessary electric distribution system revisions, however, the actual service connections and modifications are the City's responsibility. The residential service revisions involve modifications and replacements of exterior service boxes, conduits, mast arms and connections to the electric power supply. Also necessary are modifications of existing equipment at the water tower near the 69th Ave. /France Ave. intersection and the sanitary sewer lift station along West Palmer Lake Blvd. Accordingly, the City Engineer has requested and received proposals for the necessary work from two electrical contractors, both of which have previously performed for the City. A summary of the proposals submitted is as follows: Residential Water Lift Work Tower Station Total ColliSys $ 3,500.00 $ 550.00 $ 200.00 $ 4,250.00 Bacon's Electric Co. $ 6,975.00 $ 955.00 $ 465.00 $ 8,395.00 It is noted here that through discussions with the electricians and the State • Electrical Inspector (who has jurisdiction and must ultimately approve the work), the work at the water tower and lift station is fairly clear -cut and straightforward. However, in the case of the residences, because of the current • electrical code requirements, the City may be required to make extensive modifications, possibly inside the houses. The contractors submitting proposals have visited the site(s) where possible, in an effort to find out what the existing conditions are. Nevertheless, until the work is actually performed, and the State Electrical Inspector reviews the results, we can't be certain as to the extent of the services required of the electrician. For this reason, and for the purpose of fair comparison, the City Engineer required that the proposals be submitted on the basis of the known conditions and probable requirements. The recommendation of staff is the acceptance of the proposal of ColliSys of Minneapolis, MN, for the amount of $5,312, which includes a contingency amount of 25% to allow for the potential added work that may be required to conform with the current electrical code. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO CONVERT ELECTRICAL SERVICE LINES FROM OVERHEAD TO UNDERGROUND, 69TH AVENUE RECONSTRUCTION IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, the City Council has previously approved an agreement with Northern States Power Company for replacing overhead power lines with underground lines in conjunction with the 69th Avenue Reconstruction project; and WHEREAS, the necessary electrical service revisions are the responsibility of the City, and such work is beyond the scope of usual maintenance perfomred by City forces; and WHEREAS, proposals for these electrical service revisions were received, opened and tabulated by the City Engineer on teh 23rd day of April, 1992, and said purposes were as follows: Residential Water Lift Work Tower Station Total ColliSys $ 3,500.00 $ 550.00 $ 200.00 $ 4,250.00 Bacon's Electric Co. $ 6,975.00 $ 955.00 $ 465.00 $ 8,395.00 WHEREAS, it appears that ColliSys of Minneapolis, Minnesota has prepared the lowest responsible proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of ,Brooklyn Center, Minnesota, that: 1. The proposal as submitted by ColliSys of Minneapolis, Minnesota is hereby accepted and the City Maager is hereby authorized and directed to enter into a contract, in the amount of $ 4,250, with ColliSys in the name of the City of Brooklyn Center, in conjunction with Improvement Project No. 1990 -10. 2. The estimated costs for performing the electrical service revisions in conjunction with Improvement Project No. 1990 -10 are as follows: Contract $ 4,250 Contingency (25 %) 1,062 Total Estimated Cost $ 5,312 RESOLUTION NO. 3. The portion of project costs which relate to residential electric service revisions shall be charged to Local State Aid Street Fund. 4. The portion of project costs which relate to water tower electric service revisions shall be charged to the Public Utility Water Fund. 5. The portion of project costs which relate to sanitary sewer lift station electric service revisions shall be charged to the Public Utility Sewer Fund. Date Todd Paulson, Mayor ATTEST: _ Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date . Agenda Rem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION TO AUTHORIZE ENTERING INTO A CHECK COLLECTION AGREEMENT r********:• tt *t sr�trait� +sths +� *rrs *tt+�sim� *rte *rtst,tt*tt *s •ir�ssrtr*s DEPARTMENT APPROVAL- ( OOjw- B ireeter Signature - title MANAGERS REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached * * * * * * * * * * * * * * *� * * * * * * *t *� *t * *�► *ter # * * # * * ## *ter * *��r�,� ��r *� * *� * *�r,�* SUMMARY EXPLANATION: (supplemental sheets attached Occasionally the City receives checks from its customers which are dinshonored because the maker of the check has insufficient funds in the bank to cover the • check or for other reasons. Staff attempts to collect the funds from the maker of the check. If we are unable to collect on the checks, we turn all checks over $50 to the Police Department for prosecution. Many checks under $50 go uncollected. New Concepts Business Services has offered to enter into an agreement to collect these checks for the City. Their collection fee would be 50% of the amount collected. I have attached a resolution with would allow the City Manger to enter into the check collection agreement. I have also attached the agreement and an assignment of dishonored checks to New Concepts. STAFF RECOMMENDATION Staff recommends entering into the agreement with New Concepts. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution authorizing entering into a check collection agreement. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION TO AUTHORIZE ENTERING INTO A CHECK COLLECTION AGREEMENT --------------------------------- WHEREAS, the City occasionally receives checks from its customers which are dishonored because of nonsufficient funds or other reasons; and WHEREAS, it is City policy to first attempt to collect the funds from the maker of the check and, if this fails, to turn checks of $50 and over to the police department for prosecution; and WHEREAS, the City is sometimes unsuccessful in collecting checks under $50 and it has been determined that these checks should be placed with a collection agency for collection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the City Manger to enter into a collection agreement with New Concepts Business Services to place certain dishonored checks for collection by them. Date Todd Paulson, Mayor ATTEST: t 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. C) lw e �is R )us �Jervices P.O. BOX 473. ANOKA. MINNESOTA 55303 (61 2) 422 8271 CHECK COLLECTION AGREEMENT FIRM NAME: _Telephone: ADDRESS: CITY, STATE, ZIP:______ The above place of business hereby agrees to place certain dishonored checks for collection with New Concepts Business Services, a Collection Agency bonded and licensed with the State of Minnesota, license No. 8001244. The rates of collection fees on checks collected shall be: Checks with face value of $.01- $50.00 50% Checks with face value of $50.01 & over: 0- 90 days old at date of placement--------------- - - -35% 91 -180 days old at date of placement-------------- -- - 40% 181 days and older at date of placement------------- - - -50% Checks previously placed or collected thru legal---- - - -50% Service charges collected are shared at 50% as collected. (In no event will the remittance ever exceed 100% of the face value of the check). Interest collected, if any, is retained by New Concepts Business Services. 50% of the applicable fee shall be assessed if it is determined that a check was paid prior to placement. Monthly remittances and statements are furnished for collections of the previous month. Court costs advanced by NCBS in each case shall be reimbursed through collection procedure before any monies are applied to the original amount owing of each check in the event of partial payments. All collection efforts shall be in accordance with State and Federal collection guidelines. Signed -------- - -- - - - - -- -- Date --------- - ----- G Signed G L -- ____ ___ _Date : _ 1_ New Co ee Business Services- \ Y Cew Concefils Ausiness �ervices P.O. BOX 473, ANOKA, MINNESOTA 55303 (61 2) 422 8271 ASSIGNMENT OF DISHONORED CHECKS ------ -------------------- - - - -as --------------------- (Individual) (Title) of: ------------------ - - - - -- -------------------- - - - - -- (Name of Business) (Mailing Address) ------- ----------------------- hereby gives complete (City, State, Zip) authority and assignment to New Concepts Business Services, (a licensed Minnesota collection agency) for them to pursue all dishonored checks given to them by me for collection. This assignment gives them the authority to pursue collection by any lawful means including civil or criminal court as they deem necessary. Once a court claim is filed against an account, all monies collected on that account other than the applicable percentage of face amount of the check(s) and applicable service charge as stated in the Collection Agreement become the property of New Concepts Business Services. The first monies collected once suit is filed shall be applied to costs advanced in the event of partial payments. Signed: Dated: Assignment accepted by New Concepts Business Services by: (Rep Yse Ztat v y e), Dated: Rev 1/2/92 Assgn B92 CITY OF BROOKLYN CENTER Coma Meeting Date - O 7 / Agenda item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION TO COMMEND LOGIS FOR WINNING A HIGH - TECHNOLOGY AWARD FOR LONG TERM COST SAVINGS rrrrr* rrrrr** rrrrrrr: rrrrrr rrrrrrrrr* rrrtrirrrrrrrrrrrrrrrr rrrrrrrrsrsrrt DEPARTMENT APPROVAL- Signature - title Director of Fina MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report t P Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The Hewlett-Packard ewlett Packard Co P roration has announced that LOGIS has won the national High - Technology Award from the Hewlett - Packard Corporation for the category P 9 Y "Long -Term Cost Savings ". • The resolution is self explanatory. I have previously forwarded information about the award to the City Council and Department Supervisors. I have attached a resolution which would commend LOGIS for winning the award. STAFF RECOMMENDATION Staff recommends adoption of the resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution commending LOGIS for winning a high - technology award for long term cost savings. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO COMMEND LOGIS FOR WINNING A HIGH - TECHNOLOGY AWARD FOR LONG TERM COST SAVINGS -------------------------------------------------- WHEREAS, LOGIS (Local Government Information Systems) is a consortium of Minnesota local government units who have joined together to provide a full range of low -risk, high- reliability management information systems, data processing services, and related support services; and WHEREAS, the City of Brooklyn Center is an original member of the consortium; and WHEREAS, the Hewlett - Packard Corporation has announced that LOGIS has won the national High- Technology Award from the Hewlett- Packard Corporation for the category "Long Term Cost Savings "; and WHEREAS, LOGIS received this recognition by providing a cost effective computing environment for our city and other cities for many years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to commend LOGIS, its Executive Committee, its Board of Directors, and especially Mr. Mike Garris, Executive Director, and his Staff for earning this prestigious award. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date April 27. 9992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 1,200 FEET OF FIRE HOSE DEPT. APPROVAL: Patricia A. Page, Deputy 'ty Clerk MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) An appropriation was approved in the 1992 fire department budget for the purchase of 1,200 feet of 13/4" fire hose. Two quotations were received. I recommend accepting the quotation from Front Line Plus Fire & Rescue in the amount of $5,400. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. • Member introduced the following resolution / and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 1,200 FEET OF FIRE HOSE WHEREAS, an appropriation was approved in the 1992 fire department budget for the purchase of 1,200 feet of fire hose; and WHEREAS, two quotations were received as follows: Company Ouote Front Line Plus Fire & Rescue $5,400.00 Angus Fire Armour $5,712.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of 1,200 feet of fire hose from Front Line Plus Fire & Rescue, in the amount of $5,400.00 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 A n 27 , I992 Agenda Item Numbe ` 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF TWENTY SCOTT AIR TANKS FOR THE SELF CONTAINED BREATHING APPARATUS DEPT. APPROVAL: Patricia A. Page, Deputy City Clerk MANAGER'S REVIEW/RECOnAIENDATION: . No comments to supplement this report Comments below /attached • SU EVIARY EXPLANATION: (supplemental sheets attached An appropriation of $8,500 was approved in the 1992 fire department budget for the purchase of 20 Scott Air Tanks. Two quotes were received. I recommend accepting the quote from Clarey's Safety Equipment in the amount of $7,200.00 RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF TWENTY SCOTT AIR TANKS FOR THE SELF CONTAINED BREATHING APPARATUS WHEREAS, an appropriation was approved in the 1992 fire department budget for the purchase of twenty scott air tanks; and WHEREAS, two quotations were received as follows: — Company uotes Clarey's Safety Equipment $7,200.00 Elvin Safety Supply $9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of twenty Scott Air Tanks from Clarey's Safety Equipment, in the amount of $$7,200.00 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 43/27/92 • Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING AGREEMENT NO. P.W. 22 -02 -92 WITH HENNEPIN COUNTY, PROVIDING FOR COST PARTICIPATION IN THE REVISION OF TRAFFIC CONTROL SIGNAL SYSTEM AT BROOKLYN BOULEVARD AND 69TH AVENUE DEPT. APPROVAL: Sy Knapp, Director of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attach d SUMMARY EXPLANATION: (supplemental sheets attached Yes • At our request Hennepin County Department of Transportation ( HCDOT) has agreed to participate in the costs of revising the traffic control system a t Brooklyn Boulevard and 69th Avenue as required in conjunction with the City's proposed 69th Avenue improvement. Attached hereto is a copy of the agreement which HCDOT has prepared in which they agree to pay 50% of the costs for the required signal revisions. While the agreement shows HCDOT's costs as being $42,500, their actual participation will be $37,250, based on 50% of the City's contractor's bid for this work item. Staff recommends approval of this proposed agreement. RECOMMENDED CITY COUNCIL ACTION A resolution approving the agreement as prepared by HCDOT, is provided for consideration by the Council. • Member introduced the following resolution and moved its adoption: RESOLUTION N0, RESOLUTION APPROVING AGREEMENT NO. P.W. 22 -02 -92 WITH HENNEPIN COUNTY, PROVIDING FOR COST PARTICIPATION IN THE REVISION OF TRAFFIC CONTROL SIGNAL SYSTEM AT BROOKLYN BOULEVARD AND 69TH AVENUE WHEREAS, the City of Brooklyn Center is proceeding with implementation of 69th Avenue Reconstruction Improvement Project No. 1990 -10; and WHEREAS, it is necessary to make revisions to the existing traffic control signal system at the intersection of Brooklyn Boulevard (CSAH 152) and 69th Avenue in conjunction with other 69th Avenue improvements; and WHEREAS, the Hennepin County Department of Transportation has prepared proposed Agreement No. P.W. 22- 02 -92, providing for Hennepin County participation in the costs of the required revisions, based on 50% of the City's contract costs for this work item. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Proposed Agreement No. P.W. 22 -02 -92 between the City of Brooklyn Center and Hennepin County is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of 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. DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue Soutr HENNEPIN Hopkins, Minnesota 55343-84 ONE: '612) 930-2500 FAX (612) 930-2513 T D D (612) 930-2696 April 20, 1992 Mr. Sy Knapp, P.E. City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 REVISION OF TRAFFIC CONTROL SIGNAL SYSTEM AGREEMENT NO. PW 22-02-92 CSAH 152 & 130, COUNTY PROJECT 9207 Dear Mr. Knapp: Submitted for approval are two copies of the above referenced agreement. If the agreement is satisfactory, please have both copies signed by the appropriate City officials and return them to this office. Also, please return two certified copies of a resolution authorizing these officials to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials, we will send you one fully executed copy for your files. If you have any questions concerning the agreement, please call Harlan Hanson at 930-2530. Sincerely, Bruce M. Polaczyk, P.E. Design Administrative Engineer BCC:mak Enclosure HENNEPIN COUNTY an equal opportunity employer Agreement No. PW 22 -02 -92 County Project No. 9207 County State Aid Highway Nos. 152 & 130 City of Brooklyn Center County of Hennepin AGREEMENT FOR PARTICIPATION IN THE REVISION OF TRAFFIC CONTROL SIGNAL SYSTEM AGREEMENT, Made and entered into this day of 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, The City has hired the consultant firm of Short - Elliott- Hendrickson, Inc., to prepare the necessary plans and specifications to bring about the improvement of that portion of 69th Avenue North from CSAH 152 (Brooklyn Boulevard) to Beard Avenue North as shown on the plans for Municipal State Aid Project No. 109 - 125 -06; County State Aid Project Nos. 27- 730 -11 and 27- 752 -02; and WHEREAS, Said improvement shall include the revision of the traffic control system at the intersection of CSAH 130 (69th Avenue North) and CSAH 152 (Brooklyn Boulevard) known as County Project No. 9207, hereinafter referred to as the "project "; and 0 WHEREAS, The City has requested that the County approve the plans and specifications and that the County authorize the City to perform the work in accordance with said plans and specifications for said project; and WHEREAS, It is- contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City shall advertise and receive bids and enter into a contract for said improvement with the successful bidder at the unit prices specified in the bid of -1- Agreement No. PW 22 -02 -92 such bidder, according to law in such case provided for Cities. The contract will be in form and will include the plans and specifications prepared by the City or its agents, which said plans and specifications are by this reference made a part hereof. II The equipment that the City specifies in the plans and specifications shall be compatible with the County signal system. The County will not stock replacement parts which are not common to equipment in use in the County signal system. III Prior to beginning construction, the City shall furnish the County with two (2) complete sets of plans and specifications. Said plan sets shall all be on 11" by 17" paper and furnished at no cost to the County. IV The City will administer the contract and inspect the construction of the contract work contemplated herewith. All work on County State Aid Highway Nos. 152 and 130 shall be completed in compliance with the plans and specifications. The County Engineer or his staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. V The County's only participation in this project shall be 50% of the traffic control signal system at the intersection of CSAH 130 and CSAH 152. Said County's participation is estimated to be $42,500.00. The costs for all remaining work performed by the City and its agents, including the acquisition costs of all rights of way, required for the construction of said project as provided herein shall be borne 100 percent by the City. The estimated cost of said City S.A.P. No. 109- 125 -06 is $1,749,389.75. -2- Agreement No. PW 22 -02 -92 VI Upon completion of the revisions to the traffic control signal system and approval by the County Engineer or his designated representative and submittal of an invoice to the County by the City, the County shall, within 45 days of receipt of the invoice, pay the City amount of said invoice. VII The City shall continue to maintain an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the controller cabinet at its own sole cost and expense. The City shall continue to provide the electrical energy for the operation of said traffic control signal at its own sole cost and expense. VIII All extra work orders or changes in the plans during construction of said project shall be subject to the approval of the County Engineer of Hennepin County prior to performing the work in accordance with such extra work orders or changes in the plans. IX The City agrees that if operations are suspended for winter prior to completion of all work within the roadbed of any County highway within the project construction limits that is presently carrying traffic, the City will require its Contractor to provide a roadway surface on said highway suitable for winter traffic. Said roadway shall be bituminous surfaced utilizing either the existing surface or new surfacing placed on or before November 1. Provisions shall be made to accommodate surface drainage and all protruding structures shall be properly ramped to permit safe operation of snow removal equipment. The County, at its own expense, will provide snow and ice control and routine surface maintenance on said highways during the winter suspension period. X Upon completion of the project, the City or its agents shall furnish the County Signal Engineer with one (1) complete set of reproducible (mylar) as -built signal plans and wiring diagrams and an additional paper copy of same. Said plans and diagrams shall be on 22" X 34" medium furnished at no cost to the County. -3- /�� Agreement No. PW 22 -02 -92 XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal may be directly involved in an emergency. XII Upon completion of this project, the County shall thereafter maintain and repair said traffic control signals all at the sole cost and expense of the County. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles. XIII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. XIV It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway Nos. 130 and 152 as provided in Articles I, IV, VII, and VIII herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and save harmless the County, its officers, Agreement No. PW 22 -02 -92 agents and employees from claims, suits, demands, damages, judgements, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of or by reason of the negligence of the said Contractor, its officers, employees, agents or subcontractors and 2) Require the Contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. XV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the Count and all other persons engaged b t Y P Y he County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XVI The provisions M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. Agreement No. PW 22 -02 -92 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN CENTER (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By' By: Clerk of the County Board Chairman of its County Board Date: Date: And: Upon proper execution, this agreement Associate County Administrator will 7 legally valid and binding. and County Engineer By : .� Date: Assistant County Attorney ,,j Date: RECOMMENDED FOR APPROVAL Approved as to. execution By: By: Assistant County Attorney Director, Department of Public Works Date: Date: CITY OF BROOKLYN CENTER Council Meeting Date An6127, 1992 Agenda Item Number //H REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) EXTENDED BODY MINI PASSENGER VAN DEPT. APPROVAL: a.. P .- CAk Patricia A. Page, Deputy City Cle MANAGER'S REVIEW/RECOWAENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached !) An appropriation of $19,500 was approved in the 1992 fire department budget for the purchase of one extended body mini passenger van. On March 23, 1992, the City Council approved specifications and authorized advertisement for bids for the mini passenger van. Bids were received and opened on April 22, 1992. The low bid was submitted by Iten Chevrolet however, they omitted the cost of air conditioning on the bid and it must be rejected because the vehicle would not meet specifications. The cost of the air conditioning is approximately $500. The next low bid was submitted by North Star Dodge and the vehicle they bid on does meet the specifications which were approved. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution which awards the contract for the mini van to North Star Dodge. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) EXTENDED BODY MINI PASSENGER VAN WHEREAS, an appropriation was approved in the 1992 fire department budget for the purchase of one (1) extended body mini passenger van; and WHEREAS, four bids were received as follows: Company Bi Iten Chevrolet $14,935.45 North Star Dodge $14,980.00 White Bear Dodge $16,050.00 Town & Country Dodge $19,067.00 WHEREAS, the bid submitted by Iten Chevrolet does not fully meet the specifications as approved by the City Council on March 23, 1992, and should therefore be rejected. _ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bid submitted by Iten Chevrolet is hereby rejected because it does meet the specifications. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) extended body mini passenger van from North Start Dodge, in the amount of $14,980.00 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 April 27, 1992 Agenda Item Number ! / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LYNBROOK BOWL GAMBLING VIOLATION DEPT. APPR V Gerald G. l a inter, R CityManager MANAGER'S REVIEW/RECOMMIENDATION: No comments to supplement this report Comments below /attached SUNDIARY EXPLANATION: (supplemental sheets attached ) Attached please find a packet of information explaining the negotiating process conducted by City Attorney LeFevere in relation to the disposition of a violation of our liquor licensing ordinances which occurred at the Lynbrook Bowl. The letter from Mr. LeFevere dated March 20, 1992, reviews the case, cites various statutes and cites Mr. LeFevere's recommendation to me regarding this matter. The City Manager's office concurs on the recommendation of the City Attorney, recommending to the City Council passage of a resolution and consent order imposing civil penalty on Lynbrook Bowl and amending the 1991 budget as the most practical and fair way of addressing this particular violation. The Council's options on this matter are: 1. To enter into an agreement for imposition of penalties (this is the recommended course of action) 2. To order a public hearing, appoint a hearing officer and schedule the hearing process 3. To take no action regarding this violation RECOMMENDED CITY COUNCIL ACTION The City Manager, City Attorney and Police Chief recommend the City Council proceed to adopt the attached resolution and consent order imposing civil penalty on Lynbrook Bowl and amending the 1991 budget. Mr. LeFevere has assured me that Lynbrook Bowl officials concur in the settlement of this issue as contained in the recommended resolution. HOLMES & GRAVEN CHARTERED Vlurnevs al Law .f 7O Pillsbury Center, Minneapolis, Minnesota 55402 JOHN N1. LEF EVRE. JR. ROBERT A. ALSOP (612) 337 -9300 ROBERT I.INDA LAC RA K. . MOLLET RONALD H. BATTY Facsimile (612) 337 -9310 DANIEL. R. NELSON STFPHEV J. Bt 1. B: %RBARA L. PORT% %OOD ROBERT C. CARISON JAMES M. STROYIYIEN JOIN B. DEAN STEVEN M. TALLEN VARY G. DOBBINs JA V ES J. THOMSON, JR. STiIANIE N. CALF) LARRY M. WERTHEIM CORRI%F A. HEl%E WRITER'S DIRECT DIAL BONNIE L. WII.KINs i%%IEs S. HOLMES GARY P. WINTER U KENNEDI JOHN ij% R. LARSUN 337 -9215 DAY ID L. GRAYEN(1929 -1991) N. R'F1 Ll N(:TON H. law OF ('OI NSEI. CHARLES L. LEFE.Y EIRE ROBERT L. DA% March 20, 1992 Mr. Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Lynbrook Bowl Gambling Violation Dear Jerry: By letter of December 11, 1991, I explained that certain illegal gambling activities had allegedly occurred at Lynbrook Bowl, and I offered to attempt to negotiate an agreed upon sanction to avoid the expense of a formal hearing under the State Administrative Procedures Act. The County Attorney is bringing felony charges against a Mr. Clifford Hendrickson for his gambling activities which included certain activities which occurred at Lynbrook Bowl. A copy of the criminal complaint is attached. Mr. Steve Nelson, the president of Steven J. Nelson, Inc., doing business as Lynbrook Bowl, has admitted that for a number of years he has allowed Mr. Hendrickson to sell sports numbers on the licensed premises and has purchased numbers himself. He states, however, he had no knowledge of sports bookmaking activities or the sale of tipboards . Gambling on a licensed premises is prohibited by state law and city code. The activities described in the attached complaint are obviously very serious. Even the activities of which Mr. Nelson had knowledge were serious in that they occurred with the full knowledge and participation of the licensee over a number of years. This permissive attitude may have contributed to the more serious activities which occurred without Mr. Nelson's knowledge. Minnesota Statutes § 340A.415, authorize the City, after a hearing conducted in accordance with the State Administrative Procedures Act, to revoke or to suspend a liquor license up to 60 days, or to impose a civil fine of up to $2,000 for each violation. After discussions with Mr. Nelson, he has agreed to the imposition of a $2,000 fine. CLL31782 BR291 -62 Mr. Gerald Splinter March 20, 1992 Page 2 The imposition of a fine in that amount without suspension or revocation is a lesser penalty than the maximum which state law authorizes the city to impose. However, it seems to me that such a settlement is appropriate in this case for a number of reasons. . First, Lynbrook Bowl has a very good record as a liquor licensee with very few, if any, violations relating. directly to the sale of liquor (e. g. sale to minors) . Second, Mr. Nelson has been cooperative in the City's investigation of this matter, and a cooperative, voluntary settlement would save the City a considerable amount of money in legal fees, compensation to the hearing officer and staff time. Third, this penalty has been imposed in other cities which we represent for sale to minors. Although there are potentially many more individual violations here than a single sale of liquor to minors, the offense in this case does not involve liquor directly and, given the pervasive nature of legal gambling in liquor establishments (i.e. charitable gambling), these offenses may be regarded as somewhat less damaging to the public than illegal liquor sales. One way of introducing this matter to the Council would be to send to the Council in its information packages a copy of this letter, my letter of December 11, 1991, and the proposed consent order which I have drafted, and which is attached to this letter. If the Council is satisfied with the proposal, it could simply be put on a future agenda for action, even as a consent item. If any Council member wishes to discuss the matter further, it could be set on initially as a discussion item on a future Council agenda so that the Council may give staff additional instructions as to how to proceed. If you have any questions, please give me a call . Very truly yours, Charles L. LeFevere CLL: rsr Enclosures CLL31782 BR291 -62 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON LYNBROOK BOWL AND AMENDING THE 1991 BUDGET WHEREAS, the City of Brooklyn Center has issued a liquor license to Steven J. Nelson, Inc. d /b /a Lynbrook Bowl; of which corporation Steven J. Nelson is the president and sole shareholder; and WHEREAS, the City has been notified that certain illegal activities involving gambling are alleged to have occurred on the licensed premises at Lynbrook Bowl; and WHEREAS, such illegal activity allegedly included sports bookmaking in violation of Minn Stat §§ 609.75, Subd. 7, 609.76, Subd. 2 and 609.03(1); sale of tipboards, in violation of Minn Stat §§ 349.2127, Subd. 2(a) and 609.03(i); and the sale of numbers in violation of Minn Stat §§ 609.755 and 609.76, occurring over a period of years at the licensed premises; and WHEREAS, Brooklyn Center Code § 11 -712, paragraph.17, and Minn Stat § 340A.410, Subd. 5, prohibit such activities on the licensed premises; and WHEREAS, the undersigned has admitted that he was aware of and participated in one aspect of such gambling, specifically the purchase of numbers on sports events, but asserts that he had no knowledge of the sale of tipboards or sport bookmaking activities occurring on the premises, and WHEREAS, the City Council regards such activities as a very serious matter warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment which �' tias been relatively free of criminal activity, particularly criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed his understanding of the seriousness of the offenses, and has committed to ensuring hat such offenses do not recur; ecur • and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above- described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that he freely executed this agreement, without threat of criminal prosection, for the Purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn Stat 1340A.415. RESOLUTION NO. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS ORDERED AND AGREED AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council the sum of $2,000.00. Said payment shall be appropriated to Account #1350 -4411, Police Department Training. 2. Licensee waives a written statement of charges, notice of hearing and hearing to which he is entitled by Minn Stat § 340A.415. 3. The undersigned admits knowledge of, and involvement in, gambling activities on the licensed premises, to wit: for a number of years, the licensed premises have been used by a Mr. Clifford Hendrickson, for the sale of numbers for sporting events, and the undersigned has allowed such sales to occur, allowed the seller to use office space on the licensed premises for his activities, and has purchased numbers from Mr. Hendrickson. 4. The undersigned denies knowledge of, or involvement in, any sale of tipboards or sports bookmaking occurring on the licensed premises. 5. The City will impose, as the sole civil sanction for activities listed in paragraph 3 above, a civil penalty in the amount of $2,000.00 payable as set forth in paragraph 1 hereof. This agreement shall apply to those activities described in paragraph 3 hereof which occurred on or before November 6, 1991 on the licensed premises. This agreement shall also apply to those activities described in paragraph 4 occurring on or before November 6, 1991, but only to the extent the activities occurred without the knowledge or involvement of the Licensee or its employees. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license which is authorized by state law or City Code for any activity to which this agreement does not specifically apply and which is a violation of state law or City Code. 6. In the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this 'agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 7. The Licensee has been informed that the City prosecutor has concluded, on the basis of this agreement and other related factors, that he does not intend to bring charges against the Licensee or the undersigned for activities described herein. However, the undersigned understands and agrees on behalf of himself and the Licensee: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; RESOLUTION NO. d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn Stat § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e . That in the event criminal charges are brought against the undersigned, the Licensee or any of its emplovees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. 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. HOLNIES & GRA V EN C111RYVRED Vinrne.v at Law JI)!1\ 170 F'i11.6ur) (enter. \tinntapulic. \linnewa 6V62 \1.I FEF Kt JR. �1SFKr 1. %I NO R116F Nr J. I.I \Ulli 16121 1 37 -9 rQQ 1. %t K 1 K. %Io1 1 F 1 Rn♦11 U H. B 1tT1 1. I F Pi1F, J. Bt at I Fac%imile 1612) 377 -9318 D1 \IFI R. \F1 so% R116FRT(.( 1R11.U\ B1KR \K11_1'UK (N tl /il) ( ti K11.r11.1 \I. ( it \1 F J \ \U1. \I. 1.1 RO\I \IF\ JOHN B. DF 1\ "I F\ %I. 1111 t♦ %I %R1 (..DIlBB1%% J111E1.J. 111um\(!\.JK. NOI 1 1 .1E ♦. (: 11 F1 I. 1RN\ �I. \1 FNr11Fl\1 ( tlRKINF A. NtisF W RITER'S DIRECT DIAI. BO \ \IF 1.1111 61\1 J 111FS S. tlul %it1. JOH% k. 1( F 1110% 337 -9215 D 1110 1.. (:K \1 F \ tiv2v. w JuH\ R. L 1Kw♦ I U 1� F 1 1 1\G T0% 11. 1. aw — CN 1K1 F\ L. L6E F1 FBF: OF c ut \.F1 ROSP R r 1.. 1)11 u)1.u\ December 11, 1991 Mr. Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Liquor License of Lynbrook Bowl Dear Mr. Splinter: It has come to our attention that Lynbrook Bowl, the holder of an on -sale restaurant liquor license in the City has allegedly allowed illegal gambling to occur on the licensed premises. If so, this would constitute a violation of state liquor laws ( Minnesota Statutes § 340A.410, Subd. 5) and Brooklyn Center City Code Section 11 -711, para. 17. This would subject the licensee to a civil fine in an amount not to exceed $2,000 for each violation, suspension, or revocation, all pursuant to Minnesota Statutes 4 340A.415 and Brooklyn Center City Code Section 11 -715. In order to impose one of these disciplinary measures on the licensee, the licensee must be given a due process hearing under the State Administrative Procedures Act. The procedure for such a hearing ould be to hire an administrative law judge or g ] g independent hearing examiner to hold a hearing, and receive testimony and other evidence on the alleged violation, and make a report and recommendation to the city council. The City Council could then review and consider the recommendation and, if appropriate, suspend or revoke the license or impose a civil fine. Typically in these cases, we would complete the investigation and meet with the Licensee to determine whether the licensee wishes to waive the hearing and agree to the imposition of penalties. We would then report to the City Coun p y it the terms and conditions to which the licensee is willing to agree, if any, and the Council could conclude whether it felt these penalties were appropriate; if not, the Council could decide to order a hearing. If the Council members wish not to adopt this process, if would be helpful if they communicated that wish now before we commence negotiations with the licensee. Additionally, if the Council wishes to express any advice or comment on appropriate penalties, it would be helpful to receive them in the near future. CLL26036 BR291 -62 Mr. Jerry Splinter December 11, 1991 Page 2 If we receive no instructions from the Council to the contrary, I would recommend we proceed as outlined above. This will allow us to present the City Council with a number of options to consider: (1) to enter into an agreement for the imposition of penalties, (2) to order a hearing, or (3) to take no action. Very truly yours, Charles L. LeFevere CLL: rsr CLL26036 BR291 -62 'TTY' CP1'1 -L Div TE! 5 - -i -.0-1^ liar, ?O,y2 10 - " State of MtnnesatLi V6U11Ly ul ��' I CCT SECTION /Subdi•i3inn U 0 C. GOC t I Y ;() n t\`W' `R++LLI' < UNTROL %0 1 609.75,7;609.76,2;609.03(1) G1711 N III �1 -0475 021100 91299824 2 349.2127,2(1);609.03(1) G1100 N COLRtC.asrNo. DATE HLED 3 349.2127,2(a);609.03(1) G1100 N Complaint xxSLIMMONs VIf Muir trans 6:•w t. t..a PROS AT TY PK; 612 -348 -5567 WAKKANI ORDER 0I' DETENTION State of Minnesota X FELONY V.S. PLAI \TIF . rR0SS NIISUL.MEANOR N. N ': tint. +niJJl;, lust Date •+( Birth S11S CnmPLAINl \LRIBER �. t L CLIFFORD KBNNETH HENDRICKSON 92001990 11/7/33 27 - 11 -6-157279 1000 Sunkist Fackway DEFENDANT. HENNEPIN CTY Brooklyn Park, MN 55444 They Ci,mplairlant, being duly sworn. ntakc•s cutnpiaint to Site above - teamed Court and stairs that there is probable cause to believe that the Defendant committed rite following ulfeloc(s). The complainant states thar the following facts establish PR08.4BLE CAUSE: Your complainant, william Hannan, is an investigator with the Minneapolis Police Department. In that capacity, I have investigated the facts of this case personally, and by reviewing reports of Officer Cathy Hennessy of the Brooklyn Canter Police DepartmenL. In August 1991, a confidential reliable informant gave me information that a Clifford Hendrickson wns involved in sports bookmaking at various northern Minneapolis bars and the Lynbrook Bowl in Brooklyn Center Hennepin County, Minnesota. I then began an undercover investigation iii which I would place bets with Clifford Kenneth Hendrickson, defendant herein. On September 9, 1991, I called the defendant at, his home phone, introduced myself, and told him I would like to place bets with him. These bets were to be on clege and pro football games, which are sporting events. The defendantt W mould even up payments at the Lynbrook Bowling alley, Brooklyn Center, Hennepin County, Minnesota where he was every Tuesday and Wednesday. During the call on September 9, 1991, T placed two bets for $50.00 each for a total of $100.00 on football gatnes. On September 12, 1991, your complainant made one bet with defendant in the amount of $100.00. On September 14, 1991, your complainant telephoned defendant and placed four bets for four games for $100.00 each, f a total of $400.00. Ynlir complainant also placed beLa on the Sunday football games through that. weekend, and placed six bets for six games at $100.00 each, for a total of $600.00. THEREFORE. Complainant requests that said Defendant. subject to bail or condiiiOns of release be- (1) arrested or that oth4r lawful ceps be taken to obtain defendant's appearance In rnurt: or (2) detained, if already in eusrudlI mending further proceedings: ant( that said Defendant otherwise be dealt +vitit aernrding to law. CO%IPLAINAST'S vauF: CO%OLAIN.%NT'S SICNATIIRE: William Hannan Being duly authorized M prosecute the Ulr etlse(S/charK�J• I hereby ap `s lhrf Cnntplalnr. PRQSErj T TW Y' TURF: Febninry 6. 1992 _,,� �. /� Pxo5rCUT1N6A7T01LVFY: Karen A. Roesler:cl 1%RL'5SJTCLEVhQNht C2100 GOVEPIKENT CENTER TITII• A5513TANT COUNTY ATTORNEY 348 - 7401/147333 FORM 8.1 �� HTT1' -CRi 1I�lAL TEL 612 -342 -2042 P1ar 10 , 92 10 8 No .X06 On September 16, 1991, your complainant made one bet with defendant in the amount of $100.00 on a football game- On September 18, 1991, at 8:20 p.m., your complainant met defendant at the Lynbrook Lanes and paid him $220.00 for the leases. At that time your complainant bought -one parlay card, which your complainant bet $5.00 on and played three games with. On September 19, 1991, your complainant placed one bet for a football game with defcndant in the amount of $100.00. On September 21, 1591, your complainant telephoned complainant and bet on four football games for $100.00 each, for a total of $400.00. On September 22, 1991, your complainant again telephoned complainant and placed six bets on six football games for $100.00 each, for a total of 5600.00. On September 23, 1991, your complainant called the defendant and placed one bet on one football game in the amount of $100.00. At that time your complainant also discussed with the defendant the possibility of obtaining thirty -six 55 number tipboards. The defendant stated that he would have those tipboards for me when he paid on September 25, 1991. On September 25, 1991, your complainant went to the Lynbrook Bowing A11ay and met with defendant in the front counter arcs. At that time, defendant produced a brown paper bag which he stated contained the tipboards. Your complainant received $360.00 from the defendant for winnings, less the $45.00 which was the cost for the thirty -six tipboards. Your Complainant Paid defendant $5.00 for a throe team PArley. On September 28, 1991, your complainant placed four bets with defendant for four football games at $100.00 each, for a total of $400.00. On September 29, 1991, Your complainant called defendant and placed f ive bets on five football games at $100.00 each, for a total of $500.00. On September 30, 1991, your complainant called 4efendanL and placed on bet on orl football game in the amount of $100.00. At that time your complainant made arrangemeriLs to meet defendant at Lynbrook Lanes for Payment of gambling debts. On October 2, 1991, at 8 :20 p.m., your complainant went to the Lynbrook Bowling alley and asked to see the defendant. Your complainant than went behind tho counter to an office next to the pinball machine, knocked on a door and was admitted by defendant. Your complainant observed defendant with a man the defcndant identified as Ed. They had a large amount of parley cards and 44 number tipboard tickcte with them, plus an adding machine. Your complainant than paid the defendant $260.00 in gambling debts and asked for a Parley card, which your complainant filled out. �u GTTY- CRIPiIP1AL liIU � EL = 512 -3 12 -20 xi 2 Flar 10.92 1U : 'lo .003 r .0/1 On October 5, 1991, your complainant placed four bets on four football games at $100.00 each, for a total of $400.00. On Octobor 6, 1991, your complainant placed five bets with defendant on five football games at $100.00 each, for a total of $500.00. On October 7, 1991, yon r complainant placed one bet with defendant for one football game in the zuunount of $100.00. Your complainant also won on the parley card I had bet on October 1, 1991. Between the period of time October 12, 1991, and November 6, 1991, your complainant placed twenty -three bets on football games with the defendant, for a total of S2,300.00 in beta. On November 6, 1991, Brooklyn Center Police Department InvestigAtors Cathy Hennessy and xaulfuss were in the Lynbrook Bowling alley in an undercover capacity. Your complainant was also there, but, left after hearing the manager of the bowling alley Warn defendant that there were undercover officers on the premises. Officers Hennessy and Kaulfuss then arrested defendant. Defendant had eleven separate 55 entry tipboards on his person, as well as 36 separate college football parley cards which Were -dated for November 9th and November 10th. Defendant also had 52,010.00 in U.S- currency in various denominations on his person, and a parley card stub which was tilled out for football games for November 2 and 3, 1991, which had the initials F.M.K. at-the bottom and the amount of $500.00. Defendant signed a consent to search form that authorized Tnvestigator Mike Kaulfuss and John Jindra to search his home located at 1000 Sunkist Parkway, Brooklyn Park, Hennepin County, Minnesota. On Novemler 6 1991, Officer HennPasy prepared an inventory of items seized at the defendant's residence. They included one box of betting parley cards and sheets, one box of tipboards, one box of small manila envelopes, one box of football bowl game. betting slips, one bag of betting notes, two betting magazines, money, and numerous itemo related to betting activities. 'Your complainant has counted over 400 tipboards in amongst, the items seized from the defendant's home. None of the thirty -six tipboards that your complainant purchased from defendant on September 25, 1991, had been stamped in accordance with the provisions of Chapter 349 of the Minnesota statutes. None of the over 400 tipboards seized from the defendant's residence were stamped in accordance with the provisions of Chapter 349 of the Minnesota statutes. Defendant is not a licensed distributor of pull tabs Or tipboard deals. The defendant is not in custody. iY - CRi 1IAIRL 10.92 1 tjc) a %. 0 F F B N �° COUNT Ti SPORTS BOOKMAKING MINN. STAT. 1991, 5609.75, SUED. 7; 5609.76, SUBD. 2; 5609.03(1) PENALTY: 0 -5 ANn /OR $10,000 Thdt between Soptember 9, 1991 and October 7, 1991, in Hennepin County, Minnesota, CT.TFFORD &ENNETH HENDRICKSON, did intentionally receive, record, or forward more than five bets that total more than $2,500 on any one or more sporting.events. COUNT II: ILLEGAL SALE OF TIPBOARDS MILAN. STAT. 1991, 5349.2127, SUBD. 2(a); 5609.03(1) PENALTY: 0 -5 AND /OR $10,000 That on September 25, 1991, in Hennepin County, Minnesota, CLIFFORD KENNETH HENDRICKSON, did as a person other than a licensed distributor, did aoll more than 10 pull tab or tipboard deals, or a combination of more than 10 deals of pull tabs and tipboards not stamped in accordance with the provisions of Minn. Stat. Chapter 349_ _ COUNT III: ILLEGAL SALE OF TIPBOARDS MINN. STAT. 1991, 5349.2127, SUBD. 2(a); 5609.03(1) PENALTY: 0 -5 AND /OR S10,000 That on November 6, 1991, in Hennepin County, Minnesota CLIFFORD KENNETH HENDRICKSON, possessed more than 10 pull tab or tipbnard deals, or a combination of moro than 10 deals of pull tabs and tipboards not stamped in accordance with the provisions of Minn. Stat. Chapter 349. L _ T'Y -ORi ,, h i cL 61. i� -_0.1 iar 10.9? 10 -12 No .003 a Oti Court Case s: PAGE of From the above sworn facts, and any Supporting of Idavtts or supplemental sworn testimony, 1, the Imuing Officer, have determined that probable cause exists to support, subject to ball or conditions of release where appli- cable. Defendant (s) arrrst or other lawful steps be taken to obtain Defendant (s) appearance in Courr, or his deterr- tton, If already in custody, pending further proceedings. The Defendant (s) is /are thereof charred with the above - stated offense. _ XXX THEREFORE You, THE A RO VE- NAMED DEFENDANTS, ARE HEREBY SUMMONED to appear on the day of ' 19 at AM /PM before the above -named court at to answer this complaint. •e :.erg �s, u6urbd bran. ord aw.d by rd WF4�.' IF YOU FAIL TO APPEAR in response to this SUMMONS, a i4A riw! t`U9 ,r be u'seied. FXECUTF IN MINNESOTA ONLY JUM To the sheriff of the ahnve -named county: or other person authorized to execute this WARRANT,- I hereby order, in the name of the State nfMinnesota, that the above- nutned Dc-feridant (s) be apprehended and arrr_rted with - out delay and brought promptly befnre the above -named Court (if in session, and if not, before a Judge or Judicial Officer of such Court without unnecessary delay, and in any event nut later than 36 hours after the arrest or as soon thereafter as such Judge or Judicial Officer tr available) to be dealt with according to law. Since the above -named Defendant (s) Ware already In custody; I hereby under: subject to bail or conditions of release, that the above -named Defrridant (s) continue to be detained pending further proceedings. Batt: NHR (�io,000 if fail in appear on Su =ons) Conditions of Release: N was sworn to subscribed befnre, and This COMPLAIN? — SUMMONS, WARRANT, ORDER OF DETL TIO� Usued by the undersigned authorized Issuing Judicial Officer this day of ' 19 JUDICIAL OFFICER: Name: Signature: Title: Sworn testimony has been given before the Judicial Officer by the foilowtng witnesses STATE OFMINNESOTA COUNTY of Clerk 's Signature or File Stanip: r HENNFPIN State of Minnesota Plaintiff, RLTURN OF SER VICE I hereby Certify and Return that I have served vs , a copy of this COMPLAINT - SUALVIONS. WAR- RANT. ORDER OF DETENTION upnn the Drfen- CLIFFORD KEfID1ETH HENt1RT(KSON. dart (s) herein named. Slgnulure of Authorized Service Agent: n,fNndrinr rs) FORM 1.1 CITY OF BROOKLYN CENTER council Meeting new April 27, 1992 Agenda Item Number /__( REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION NO. 91-115 REGARDING THE FINANCIAL TASK FORCE TERM DEPT. APPR Pinter, Gerald G. ity Manager MANAGER'S REVIEW/RECOMIMENDATION: No comments to supplement this report Comments below /attached SU1 EM ARY EXPLANATION: (supplemental sheets attached ) The enabling resolution of the Financial Task Force contained a sunset provision which expires the Task Force as of April 8, 1992. It is my understanding the City Council wishes to continue the activity of the Task Force at least until completion of their assigned tasks and duties. We have enclosed a copy of a resolution which extends the term of the Financial Task Force until such as "the final presentation and recommendations or made to the City Council." RECOMMENDED CITY COUNCIL ACTION I recommend the Council act favorable on the extension of the Task Force term. 0 1 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION N0. 91- 115 REGARDING THE FINANCIAL TASK FORCE TERM WHEREAS, Resolution No. 91 -115 was approved on April 8, 1991; and WHEREAS, Resolution No. 91 -115 establishes the Financial Task Force and defines the duties and responsibilities of this task force; and WHEREAS, subdivision 11 of Resolution No. 91 -115 states "the provisions of this resolution shall expire on April 8, 1992, unless specifically extended by the City Council on or before said date"; and WHEREAS, it is the wish of the City Council to extend the provisions of Resolution No. 91 -115 until the Financial Task Force has made its final presentation and recommendations to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that subdivision 11 of Resolution No. 91- 115 is hereby amended as follows: Subdivision 11. TASK FORCE TERM: The provision of this resolution shall expire after the final presentation and recommendations have been made to the City Council. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken 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 / - )7!92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: y`wsa; 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. • 7 1 Licenses to be approved by the City Council on April 27, 1992: BULK VENDOR Curtis Products 2516 Dodds Avenue Sanitarian ,Oft FOOD ESTABLISHMENT B. C. American Little League 7224 Indiana Ave. N. MIN Korean Evan. United Meth. Church 6830 Quail Ave. N. Spiritual Life Ministries 6500 Shingle Ck. Pkwy. Wes' Amoco 6044 Brooklyn Blvd. Sanitarian �2 ITINERANT FOOD ESTABLISHMENT (� 4&--4- Twin Lake North Apartments 4539 58th Ave. N. r Sanitarian 'Al MECHANICAL SYSTEMS Air Corp., Inc. 4088 83rd Ave. N. Allan Mechanical, Inc. 6020 Culligan Way Anderson Heating and A/C 4347 Central Ave. NE Brady Mechanical Services, Inc. 3075 -C Spruce Street Centraire, Inc. 7402 Washington Ave. S. Louis DeGidio, Inc. 6501 Cedar Ave. S. Egan & Sons Co. 7100 Medicine Lake Road Harris Mechanical Contracting Co. 2300 Territorial Road Metropolitan Mechanical Contractors 7340 Washington Ave. S. Midwest Equipment Co., Inc. 300 West University Modern Heating and A /C, Inc. 2318 First Street NE O'Keefe Mechanical 7251 Washington Ave. S. Owens Services Corporation 930 East 80th Street R & S Heating and A/C 21357 Hemlock Avenue E.A.H. Schmidt and Associates 3245 Winpark Drive Stanr�ard Heating and A/C Co. 410 West Lake Street Thermex Corporation 4850 Park Glen Road (� Building Official_ MOTOR VEHICLE DEALERSI Brookdale Ford, Inc. 2500 County Road 10 •A 4 "� City Clerk RENTAL DWELLINGS Initial: Biorn and Barbara Carson 6331, 6401,25 Beard Ave. N. Donald J. Sisco 5543 Judy Lane Renewal: Earle Brown Farm Apartments 1701 -1707 69th Ave. N. Northport Properties 5401 Brooklyn Blvd. Eugene Hanauska 6538 Brooklyn Blvd. Keith and Jane Olson 4107 Janet Lane Ramoodit and Fazee Kimal 6913 Morgan Ave. N. 0 JRJ Properties 6825 -27 Noble Ave. N. William and Linda Bjerke 3614 -16 50th Ave. N. Selwin and Odelia Ortega 610 53rd Ave. N. Kim McDonough 4703 68th Ave. N. Leota Spalla 5364 72nd Circle N. John and Mi Inselman 1013 73rd Ave. N. Director of PlanningAit— and Inspections SIGN HANGER Arrow Sign Co. 18607 Highway 65 NE Lawrence Signs, Inc. 945 Pierce Butler Route Naegele Outdoor Advertising Co. 1700 West 78th Street w', Building Official ,L— SPECIAL FOOD HANDLING ESTABLISHMENT Bizmart 5951 Earle Brown Drive Sanitarian CL4—_ SWENIMING POOL Brookwood Estates 6201 N. Lilac Drive - Moorwood Townhouses 5839 Shores Drive NW Raquet, Swim, and Health Clubs 4001 Lakebreeze Ave. Timber Ridge Apartments 6507 Camden Ave. N. �• Sanitarian GENERAL APPROVAL: P. Page, D uty Clerk