HomeMy WebLinkAbout1991 03-11 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
MARCH 11, 1991
7 p.m.
1. Call to Order
2. Roll Call
3. Opening Ceremonies
4. Open Forum
5. Council Reports
6. Approval of Agenda and Consent Agenda
-All items listed with an asterisk are considered to be
routine by the City Council and will be enacted by one
motion. There will be no separate discussion of these items
unless a Councilmember so requests, in which event the item
will be removed from the consent agenda and considered in its
normal sequence on the agenda.
7. Approval of Minutes:
*a. February 25, 1991 - Regular Session
*b. March 4, 1991 - Special Session
8. Proclamations:
*a. Declaring March 10 -16, 1991, as Girl Scout Week
*b. Declaring March 17 -23, 1991, as National Middle Level
Education Week
9. Ordinance: (7:15 p.m.)
a. An Ordinance Amending Chapter 18 of the Brooklyn Center
Code of Ordinances, Adding New Section 18 -103, Providing
for the Issuance of Citations on the Surface of Twin
Lakes
-This item was first read on February 11, 1991, published
in the City's official newspaper on February 20, 1991,
and is offered this evening for a second reading.
11. Discussion Items:
a. Humboldt /Camden Task Force Implementation Plan
b. Legislative Update
12. Resolutions:
*a. Amending 1991 Pay Plan to Reflect Adjustments Made to the
1991 General Fund Budget
*b. Expressing Recognition of and Appreciation for the
Dedicated Public Service of David Ault
CITY COUNCIL AGENDA -2- March 11, 1991
*c. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Benjamin Chatelle
*d. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Barbara Sexton
*e. Providing for Public Hearing on Proposed Amendment to the
City of Brooklyn Center's Year XVI Urban Hennepin County
Community Development Block Grant Program
*f. Approving Purchase Agreements for 69th Avenue Right -of-
Way, Improvement Project No. 1990 -10
g. Commending City Departments for Outstanding Achievements
h. To the Minnesota State Legislature Opposing the Capping
of the Fiscal Disparities Pool at 1991 Levels
*i. Accepting Bid and Authorizing the Purchase of Two (2) 3/4
Ton Pickup Trucks
*j. Accepting Bids and Authorizing the Purchase of One (1)
33,000 GVW Cab /Chassis with Box and Hydraulics
*k. Accepting Bids and Authorizing the Purchase of One (1)
Heavy Duty Tractor
*1. Accepting Bids and Authorizing the Purchase of One (1) 4-
Wheel Drive Pickup Truck
*m. Accepting Bids and Authorizing the Purchase of One (1)
Mobile Concession Trailer
n. Authorizing the Purchase of a Leased Vehicle from the
Public Utilities Fund for the City Manager's Use
*13. Licenses
14. Adjournment
CORRECTED COPY
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
FEBRUARY 11, 1991
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by
Mayor Todd Paulson at 7:03 p.m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip
Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy
Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron
Warren, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, City
Engineer Mark Maloney, EDA Coordinator Brad Hoffman, Assistant EDA Coordinator
Tom Bublitz, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden.
Due to illness, Councilmember Celia Scott left the meeting at 9:45 p.m.
OPENING CEREMONIES
Mayor Paulson administered the Oath of Office to newly re- elected Councilmember Philip
Cohen.
Members of the Webelos Boy Scout Pack #403 were in attendance at the Council
meeting, as well as the government class from Park Center High School. Helen Jacobsen
conducted the invocation.
OPEN FORUM
Mayor Paulson noted the Council had not received any requests to use the open forum
session this evening.
COUNCIL REPORTS
Mayor Paulson commented on the Council's changed agenda format. He also noted the
Council had concurred they would abstain from voting on items they had not been present
to discuss.
Councilmember Pedlar suggested the Council review and discuss the official City
newspaper as a future agenda item. It was his opinion that current news regarding the
City was not informative enough. He had heard comments from others in regard to this
also.
2/11/91 - 1 -
CORRECTED COPY
46 hearings pertaining to this item. He stated many residents neighboring the proposed
rezoning had indicated they preferred a cul -de -sac at the end of 51st Avenue North
instead of connecting the street to East Twin Lake Boulevard. Ms. Rolek indicated she
opposed the rezoning also.
Included in the staff report on this item was a report from the Southwest Neighborhood
Advisory Group recommending approval of the rezoning from I -2 to R -1 if the
development plan were revised to meet R -1 lot width requirements.
The Director of Planning and Inspection stated the concerns of the residents had been
taken into consideration, and a revised site plan by the developer had reduced the number
of lots from 29 to 27. He indicated the Planning Commission had recommended approval
of Application No. 90028 based upon a number of factors including consistency with
adjacent single- family dwellings, appropriate use of open space, the property was
unsuitable for commercial or industrial uses, the variances requested were acceptable and
the rezoning would be in the best interests of the community. He recommended City
acquisition of the two westerly lots as a condition of acceptance of the application, which
would effectively reduce the number of lots in the proposed development to 25. He
noted Application No. 90028 was contingent on the acceptance of Planning Commission
Application No. 90029.
PLANNING COMMISSION APPLICATION NO. 90029 SUBMITTED BY TWIN VIEW
DEVELOPMENT, INC. REQUESTING PRELIMINARY PLAT APPROVAL TO
SUBDIVIDE THE SOO LINE PROPERTY INTO 27 SINGLE - FAMILY LOTS AND
TWO OPEN SPACE LOTS
The Director of Planning and Inspection noted the Planning Commission had
recommended approval of the application subject to the five conditions listed in the staff
report, including acquisition of lots 14 and 15 for public purposes. He further
recommended the application be continued until the February 25, 1991, City Council
meeting.
In response to a question by Councilmember Pedlar, the Director of Planning and
Inspection noted the value of the homes in the proposed development would be in the
$85,000 to $115,000 range. The Director of Public Works noted that if the final plat
were approved, the developer would be responsible for the necessary public improvements.
He indicated City acquisition of lots 14 and 15 would avoid disruption of the floodplain
and disturbance of the wetlands, if the proposed development were approved. He
suggested the Council consider having the City pay the additional cost to oversize the
storm sewer, a project which would be a benefit to the City and would be overseen by the
City Engineer's office.
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f '
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
FEBRUARY 25, 1991
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by
Mayor Todd Paulson at 7:02 p.m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip
Cohen. Also present were City Manager Gerald Splinter, Director of Planning and
Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney,
Public Works Coordinator Diane Spector, Assistant EDA Coordinator Tom Bublitz, and
Council Secretary Ann Odden.
0 OPENING CEREMONIES
Brooklyn Center resident Pat Enninga, a representative of the local Support Our Country's
Military (S.O.C.M.) group with a son in the Persian Gulf, led all present in ,the pledge of
allegiance to the flag. Helen Jacobsen offered the invocation.
OPEN FORUM
Mayor Paulson recognized Pat Enninga of the Brooklyn Center Chapter of S.O.C.M. and
Betty Walker, President of the area S.O.C.M. groups. They requested permission from
the Council to join Brooklyn Park in organizing a campaign to display yellow ribbons on
Brooklyn Boulevard in support of Minnesota armed forces personnel. The tentative date
for putting up the ribbons was March 2, 1991. Ms. Enninga indicated the S.O.C.M. group
would provide 100 yellow ribbons for the event.
There was a motion by Councilmember Cohen and seconded by CounciImember Scott to
direct staff to assist the S.O.C.M group in organizing the display of the ribbons. The
motion passed unanimously.
Mayor Paulson recognized Edith Svitak, 5616 Dupont Avenue N. who expressed concern
regarding inadequate storm sewer catch basins on 57th and Dupont. She indicated other
intersections in the area were better served with catch basins and requested the Council
review the matter.
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s
The City Manager indicated he was aware a problem existed and the City ad 0
attempting to make arrangements with the County in regard to the matter. He been
expense as a reason further work had not been done to alleviate a problem. He stated
he would review the matter and prepare a report for Ms. Svitak and the Council.
COUNCIL REPORTS
Mayor Paulson informed the Council that he was initiating regular office hours in
Conference Room C of City Hall and referred to a memo listing the hours. He indicated
he would be available for civic duties during those times, and the Councilmembers were
free to" contact him then. He requested the hours be published in the Post as well as
Northwest News.
APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Paulson inquired if any Councilmembers requested any items removed from the
consent agenda. No requests were made.
MAYORAL APPOINTMENTS
TEMPORARY CHAIR FOR HUMAN RIGHTS AND RESOURCES COMMISSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
appoint Agatha Eckman as acting chairperson of the Human Rights and Resources
Commission during the absence of Chairperson Donna Stoderl, who has been called to
serve the United States in Saudi Arabia. The motion passed unanimously.
PLANNING COMMISSION APPOINTMENTS
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
reappoint Kirsten Mann, Lowell Ainas and Wallace Bernards to the Planning Commission.
The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 91 -54
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER
IN TO
AN AGREEMENT
BETWEEN ET VEEN THE CITY O
BROOKLYN PEACEMAKER CENTER, INC. F BROOKLYN CENTER AND
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
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RESOLUTION NO. 91 -55
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING VACATION LEAVE BENEFITS FOR EARLE
BROWN HERITAGE CENTER ASSISTANT MANAGER
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 91 -56
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEM
(LOGIS): APPROVING AN AMENDMENT TO THE JOINT AND COOPERATIVE
AGREEMENT
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 91 -57
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
LANDSCAPING ON WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES
NORTH, IMPROVEMENT PROJECT NO. 1990 -25, CONTRACT 1991 -A , .
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 91 -58
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE
RIGHT -OF -WAY, IMPROVEMENT PROJECT NO.
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry edlar, and
the
ry motion passed unanimously.
RESOLUTION NO 91 -59
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -C
(IMPROVEMENT PROJECT NO. 1989 -07, LIFT STATIONS NO. 4, 5 AND 7)
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i
The motion for the adoption of the foregoing resolution was duly seconded b member
Jerry Pedlar, and the motion passed unanimously. y
RESOLUTION NO. 91 -60
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1 AND ACCEPTING WORK
PERFORMED UNDER CONTRACT 1990 -F, IMPROVEMENT PROJECT NO. 1990 -
02, WELL NO. 10
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
RESOLUTION NO. 91 -61
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AWARDING COMPREHENSIVE MUNICIPAL PROPERTY AND
CASUALTY INSURANCE CONTRACT
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmemb,er Pedlar to
approve the following Est of licenses:
BULK VENDOR
K -Mart 5930 Earle Brown Drive
NONPERISHABLE VENDING MACHINES
Hub Vending, Inc. 6123 Aldrich Ave. N.
Johnson Controls 1801 67th Ave. N.
K -Mart 5930 Earle Brown Drive
NSI/Griswold Corporation 8300 10th Avenue N.
Brookdale Pontiac 6801 Brooklyn Blvd.
Lynbrook Bowl 6357 North Lilac Dr.
Travelers North 6601 Shingle Creek Pky.
PERISHABLE VENDING MACHINES
C.D. Flodstrom 5200 77th Avenue N.
Firestone 5445 Xerxes Ave. N.
Razor Court 5740 Brooklyn Blvd.
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PERISHABLE VENDING MACHINES (continued)
NSI/Griswold Corporation 8300 10th Avenue N.
Travelers North 6601 Shingle Creek Pky.
SPECIAL FOOD HANDLING ESTABLISHMENT
Betty Varcoe /Gift Shop, Too 974 Rice St. Terrace
Days Inn 1501 Freeway Blvd.
Kohl's Department Store 2501 County Road 10
Maid of Scandinavia Co. 5717 Xerxes Ave. N.
Paper Warehouse 5900 Shingle Creek Pky.
Toys "R" Us 5425 Xerxes Ave. N.
RENTAL DWELLINGS
Initial:
Northport Properties 5401 Brooklyn Blvd.
Gene L. Gullord 6045 Emerson Ave. N.
Lenny Mazurek 4200 Lakebreeze Ave.
Jeff Scoville 4207 Lakeside Ave. N.
Ramoodit Kimal 6913 Morgan Ave. N.
James A. Nelson 7110 Riverdale Road
John Inselman 1013 73rd Ave. N.
Renewal:
Boyer Palmer 6101 Beard Ave. N.
Earl James Backer 7018 Brooklyn Blvd.
Kenneth Solie/
Village Prop. Evergreen Park Manor
H.E. Homes, Inc. 6831 Fremont Place
Julia G. Paulson 5315 Knox Ave. N.
Henry R. Johnson 6736 Scott Ave. N.
Delbert P. Bruce 4741 Twin Lake Ave.
Willow Lane Realty/
Miller Mgmt. Willow Lane Apts.
Fred Beier 5300, 5304 Vincent Ave. N.
James M. Krzesowiak 3007 51st Ave. N.
Leo J. Vogel 2841 67th Lane
George T. Hanson 1510 69th Ave. N.
The motion passed unanimously.
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APPROVAL OF MINUTES
DECEMBER 5 1990 - SPECIAL SESSION
There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen
to approve the minutes of the December 5, 1990, special session. Vote: Four ayes. The
motion passed. Councilmember Rosene abstained.
JANUARY 2, 1991 - REGULAR SESSION
There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar
to approve the minutes of the January 2, 1991, regular session. Vote: Four ayes. The
motion passed. Councilmember Cohen abstained.
FEBRUARY 11, 1991 - REGULAR SESSION
Two corrections were noted to the minutes of the February 11, 1991, regular session,
regarding Councilmember Cohen's oath of office and regarding the discussion on Planning
Commission Application No. 90028.
There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar
to approve the minutes of February 11, 1991, regular session as amended. The motion
passed unanimously.
COUNCIL LIAISONS TO COMMISSIONS
Mayor Paulson noted Councilmember Scott had volunteered to be Council liaison for the
Drug wareness Commission and the Planning g Commission. Councilmember Rosene had
volunteered to be Council liaison for the Human Rights and Resources Commission.
There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen
approving these appointments as discussed. The motion passed unanimously.
PRESENTATION
PEDESTRIAN SAFETY CITATION
JoAnne Boche, Community Services Manager of the American Automobile Association
(AAA), presented an award for achievement "Pedestrian Safety Citation" in pedestrian
safety to Mayor Paulson. The award was part of AAA's 51st Annual Pedestrian Protection
Program. She indicated Brooklyn Center was one of 440 winners among 2,454
participants.
Mayor Paulson noted the City had recently received another award, from the Consulting
Engineers Council to the Brooklyn Center Economic Development Authority for the Earle
Brown Heritage Center.
2/25/91 -6-
Councilmember Cohen suggested the City Manager could present resolutions at a future
meeting to officially recognize the awards.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene
directing staff to draft the resolutions. The motion passed unanimously.
Councilmember Rosene commented the information supplied by AAA would be valuable
for classroom use in local schools. Ms. Boche concurred and agreed to provide
information on the pedestrian safety program to interested persons.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW
DEVELOPMENT INC. REQUESTING REZONING AND SITE AND BUILDING
PLAN APPROVAL TO REZONE FROM I -2 TO PUD/Rl AND OPEN SPACE THE
17.5 ACRE PARCEL OF LAND OWNED BY SOO LINE LOCATED WEST OF
FRANCE AVENUE NORTH AND SOUTH OF 51ST AVENUE NORTH
The City Manager briefly reviewed the staff report on this item. He indicated the City
had fulfilled its requirements in terms of public notice and hearings on the matter. The
Director of Planning and Inspection reviewed the application with emphasis on the guide
plan amendment. It was noted the Planning Commission had recommended conditional
approval of Application No. 90028.
Councilmember Scott commented she felt redevelopment would improve the area.
Mayor Paulson' reopened the public hearing 'an Planning Commission Application No.
90028 submitted by Twin View Development, Inc. requesting rezoning P q g g site and
building plan approval to rezone from I -2 to PUD/RI and Open Space the 17.5 acre
parcel of land owned
P b So Line
Soo located
y west of France Avenue North and south of
51st Avenue North at 7:44 p.m. and inquired if there was anyone present who wished to
address the Council. There being none, he entertained a motion to close the public
hearing.
There was a motion b Councilmember er Scott and seconded b Councilmem ber Pedlar to
. y
close the public hearing on Planning Commission Application No. 90028 submitted by Twin
View Development, Inc. at 7:45 p.m. The motion passed unanimously.
RESOLUTION NO. 91 -62
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255
(COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED IN THE I -2 ZONING
DISTRICT
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The motion for the adoption of the foregoing resolution was duly
Dave Rosene, and the motion passed unanimously. y seconded by member
In response to Councilmember Pedlar's question, Rick Hartman, a representative of the
developer indicated potential homeowners would be involved in making decisions about
the home they wished to purchase.
RESOLUTION NO. 91 -63
Member Jerry Pedlar introduced the following resolution and moved its adoption:
RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 90028
SUBMITTED BY TWIN VIEW DEVELOPMENT, INC.
Approval was subject to the following conditions:
1. Building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and berming plans are subject to review and
approval by the City Engineer, prior to the issuance of permits.
3. The storm drainage system shall be approved by the Shingle Creek
Watershed Management Commission and proposed grading and filling must
be approved by the U.S. Corps of Engineers prior to the issuance' of permits.
4. Curb and gutter of a type approved by the Director of Public Works shall
be provided along 51st Avenue North.
5. Sod shall be installed in all yards abutting a public street. Rear yards shall
be seeded.
6. The landscape plan shall be revised to indicate at least three coniferous or
shade trees per lot along the south sides of Lots 1 through 13 of the
southerly block to provide effective screening of the Murphy Warehouse
property. Coniferous trees shall be not less than 5' in height and shade trees
shall be not less than 2" in diameter, at time of planting.
7. The applicant shall construct a buffer treatment in the south 40' of Lots 1
through 13 of the southerly block to consist of not less than a 2' high berm
(as measured from the north edge of the Murphy Warehouse property) and
not less than a 6' high wood, vertical board, opaque fence.
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8. The applicant shall enter into a development agreement with the City, to be
reviewed and approved by the City Attorney and executed prior to the
issuance of any permits to include, but not limited to, provisions relating to
the following:
a) Allowable setbacks within the subdivision.
b) The range of building plans approved for use in the subdivision. No
building plan shall provide for less than 960 square feet on the main
level.
C) Landscape improvements within the subdivision.
d) Buffer improvements adjacent to the Murphy Warehouse property.
e) Provision of paved driveways prior to final inspections.
f) Financial guarantees to insure the completion of approved site
improvements on each lot within the subdivision.
g) Requirement of a landscape package to be provided to each dwelling
unit within the subdivision.
h) Donation of the outlots to the City for public purposes.
9. Building permits for this project shall not be issued until the plat contained
in Application No. 90029 has been given final approval by the City Council
and filed with Hennepin County.
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott. Councilmember Cohen suggested the resolution specify under condition
number 9 that the outlots to be donated are outlots A & B. Councilmember Pedlar and
Councilmember Scott concurred with adding this information to the motion and second.
The motion passed unanimously.
PLANNING COMMISSION APPLICATION NO. 90029 SUBMITTED BY TWIN VIEW
DEVELOPMENT, INC. REQUESTING PRELIMINARY PLAT APPROVAL TO
SUBDIVIDE THE SOO LINE PROPERTY INTO 27 SINGLE - FAMILY LOTS AND
TWO OPEN SPACE LOTS
The City Manager noted Planning Commission Application No. 90029 was recommended
for approval with the conditions as stated. The Director of Planning and Inspection noted
this was for preliminary approval only, and the matter would come before the Council for
final approval
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form
There was a motion by Councilmember Cohen and seconded by Councilmember Rosene
to approve PIanning Commission Application No. 90029 submitted by Twin View
Development, Inc. subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City
Ordinances.
3. The owner of the property shall execute a subdivision agreement with the
City outlining required improvements in the subdivision, payment of
assessments and utility charges, and time limits for completion of required
improvements prior to final plat approval.
4. The preliminary plat shall be modified prior to final plat approval to indicate
blocks and to indicate an appropriate easement for rail access to the Murphy
Warehouse property.
5. It is recommended that lots 14 and 15 of block 2 of the proposed subdivision
be acquired by the City for public purposes to provide access to the land to
the west from 51st Avenue North.
The motion passed unanimously.
In regard to possible hazards presented by the proximity of the proposed development to
the Joslyn site, the City Manager indicated constant monitoring was required of the Joslyn
Company, and he was satisfied the degree of caution being exercised was acceptable.
He encouraged the developer to inform persons buying lots in the area of the limited risk.
Carl Grabinski representing the Joslyn Company concurred.
Dan Middlestedt, 5120 East Twin Lake Boulevard, expressed his concerns over residential
opposition to the development. The Council concurred all factors had been considered
prior to their decision and noted the public hearing on the matter had been closed
previously.
PLANNING COMMISSION APPLICATION NQ. 91003 SUBMITTED BY FRANCES
LUNACEK REQUESTING REZONING FROM R5 (MULTIPLE FAMILY
RESIDENTIAL) TO R1 (SINGLE - FAMILY RESIDENTIAL) OF A 41'X 132' STRIP
OF LAND BELONGING TO THE PROPERTY AT 5211 XERXES AVENUE NORTH
JUST SOUTH OF THE ACCESS DRIVE TO THE PROPERTY
The City Manager and the Director of Planning and Inspection briefly reviewed this item.
The Director of Planning and Inspection referred to the staff report on this application
2/25/91 - 10-
and presented an overhead map of the area. He noted it was not the intention of the
applicant to sub - divide the property at this time; however, it was a possibility in the future.
To do so would require a variance or redevelopment.
Mayor Paulson opened the meeting for the purpose of a public hearing on Planning
Commission Application No. 91003 submitted by Frances Lunacek requesting rezoning
from R5 (Multiple Family Residential) to R1 (Single- Family Residential) of a 41' x 132'
strip of land belonging, to the property at 5211 Xerxes Avenue North, just south of the
access drive to the property at $:25 p.m. He inquired if there was anyone present who
wished to address the Council. There being none, he entertained a motion to close the
public hearing.
There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene
to close the public hearing at 8:25 p.m. The motion passed unanimously.
RESOLUTION NO. 91 -64
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION REGARDING THE DISPOSITION OF APPLICATION NO. 91003
SUBMITTED BY FRANCES LUNACEK
The motion for the adoption of the foregoing resolution was duly seconded by member
Dave Rosene, and the motion passed unanimously.
ORDINANCE
The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Zoning Classification of Certain Land.
There was a motion by Councilmember Scott and seconded by Councilmember Cohen to
approve for first reading an Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Zoning Classification of Certain Land and setting a public hearing date of
March 25, 1991, at 7:15 p.m. The motion passed unanimously.
PLANNING COMMISSION APPLICATION NO. 91004 SUBMITTED BY FRANCES
LUNACEK REQUESTING PRELIMINARY PLAT APPROVAL TO TRANSFER A 41'
X 132' STRIP OF LAND FROM THE PROPERTY AT 5211 XERXES TO THE
PROPERTY AT 5201 XERXES AVENUE NORTH
There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene
to approve the preliminary plat in Planning Commission Application No. 91004 submitted
by Frances Lunacek subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
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2. The final plat is - subject to the provisions of Chapter 15 of the City
Ordinances.
3. Approval of Application No. 91004 is subject to approval of rezoning
Application No. 91003.
The motion passed unanimously.
RECESS
The Brooklyn Center City Council recessed at 8:26 p.m. and reconvened at 8:38 p.m.
r -
ORDINANCE
The City Manager presented an Ordinance Repealing Ordinance No. 82 -1 ( "Flood Plain
Management ") and Adopting a New Flood Plain Management Ordinance Consistent with
State and Federal Regulations.
Councilmember Scott questioned the steepness of the fill required by houses along Lyndale
Avenue, which she felt.was detrimental. The Director of Planning and Inspection and the
City Manager indicated they were not aware of this situation and stated they would review
the matter further.
Councilmember Cohen questioned whether floodplain insurance and the definition of a
basement were being considered in the ordinance. Gary Shallcross, City Planner, stated
the two issues would be considered.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene
to approve for first reading and Ordinance Repealing Ordinance No. 82 -1 and Adopting
a New Flood Plain Management Ordinance and setting a public hearing date of March
25, 1991, at 7:15 p.m. The motion passed unanimously.
DISCUSSION ITEMS
CONTROLLING DRIVEWAY WIDTHS AND PAVING IN FRONT YARDS AND
YARDS ABUTTING A PUBLIC STREET
The City Manager briefly reviewed the staff report on this item. The Director of Planning
and Inspection felt it was important for the City to adopt a maximum driveway width and
consider regulating the paving of front yards as well as yards abutting public streets. He
requested additional direction from the Council.
Councilmember Scott commented she felt the current regulation allowed too much paving
(50 %). She indicated cul -de -sacs presented a unique situation that would have to be
considered before a uniform regulation could be adopted. She would prefer an ordinance
that did not result in a number of nonconforming situations.
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The City Manager suggested the terms "tu " rn- around or "drive around could be used at
the discretion of the Council to make exceptions in unique situations. He indicated staff
would draft an ordinance based upon the Council's direction, for their review at a future
date.
Councilmember Cohen suggested the matter of boulevard restoration be considered in
conjunction with a possible ordinance. He suggested more information be gathered on
how enforcement of boulevard encroachments would impact the situation.
The Council concurred it would be helpful to view a representative number of driveways
in both winter and summer months to determine the best way to proceed. CounciImember
Rosene suggested the maximum allowable driveway width might be set as a percentage
of the total lot size.
Councilmember Pedlar indicated he would like to have citizen input on the matter through
advisory groups. Councilmember Rosene concurred. The Director of Planning and
Inspection noted an ad hoc committee might be a more workable size. CounciImember
Scott suggested gg ed an ad hoc committee be formed consisting of one or two members from
each advisory group.
The City Manager thanked the Council for their direction on the matter and indicated
staff would make a presentation in the future.
ICE ARENA STUDY
The City Manager reviewed the background on this item for the Council. He stated the
City Council had recently approved a list of capital projects to be evaluated and included
an ice arena in that listing. The proposal provided for the City and the School District
to share in project costs.
The School District recently decided to evaluate the proposed ice arena project and
proposed to share the cost of a preliminary feasibility report with the City. The City's
portion of the recommended preliminary study, which would be conducted by Maxfield
and Associates, would be $3,600.
Due to budget restrictions a number of capital improvement projects have been put on
hold, the City Manager indicated. If the study were approved, the money would come
from the general fund.
Councilmember Cohen felt the City should consider conducting some preliminary
information gathering on its own. He suggested staff could elicit information from other
communities with ice arenas
as to cost, feasibility, etc. He felt it was important to
determine whether an ice arena would be meeting a need in the community or adding to
2/25/91 - 13 -
a surplus of such facilities in the area. He also noted the School District had the option
to pursue the project on its own Mthout aid from the City, which could possibly result in
a levy for more money and an increase in property taxes. He was not against the ice
arena project, but concerned about the cost.
The City Manager noted some information could be gathered by the City in that fashion,
but it would take time and there would be no analysis of the data. Councilmember Scott
indicated she objected to the cost of the Maxfield study and felt the City could not afford
to consider it at present.
Noah Bridges of the Ice Skating Committee was present and urged the Council to consider
the project. He offered the services of the Park and Recreation Commission and the Ice
Skating Committee in doing °legwork -on a survey to keep costs down. He felt an ice arena
would be an important asset to the City.
Councilmember Pedlar noted the Park and Recreation Commission supported the concept
of the ice arena, but not necessarily at the expense of other projects. He recommended
the Council consider, alternatives due to. the budget crisis.
Councilmember Cohen. noted that while the budget crisis is an important factor in the
decision, the Council still has an obligation to provide a balanced community. Modifying
costs would be one way, to achieve this balance, he felt.
There was _a. motion, by Councilmember Cohen and seconded by Councilmember Pedlar
to refer the matter to staff, asking them to confer with the School District and the Hockey
Association to determine the best method of gathering data in an effort to reduce the cost
of a preliminary study. The motion passed unanimously.
NORTH METRO MAYORS ASSOCIATION EMERGENCY ACTION REQUEST_
REGARDING TOLL ISSUE
The City Manager referred to the information presented to the Council on this item which
noted the Minnesota Toll Road Authority was attempting to secure legislation allowing
tolling on T.H.610/T.H.10 Crosstown. He indicated members of the North Metro Mayors
Association (NMMA) were overwhelmingly opposed to a toll road.
RESOLUTION NO. 91 -65
Member Celia Scott introduced the following resolution and moved its adoption:
NORTH METRO MAYOR'S ASSOCIATION EMERGENCY ACTION REQUEST
REGARDING TOLL ISSUE
The motion for the adoption of the foregoing resolution was duly seconded by member
Jerry Pedlar, and the motion passed unanimously.
2/25/91 -14-
It was noted the exact wording f the resolution would be drafted b staff in accordance
g Y
with the Council's discussion and the memo supplied by the NMMA.
Councilmember Cohen commented the Council should discuss their role in regard to
legislative issues and felt the Council should take an active part. He suggested the Council
meet in regard to this matter prior to the April 12, 1991 deadline. The Council concurred
they would have a special meeting to address this issue.
RESOLUTIONS (CONTINUED)
The City Manager briefly reviewed a request by the Northwest Hennepin Human Services
Council (NWHHSC) for a contribution of $9,431 for 1991. It was noted in the staff report
a resolution was proposed to increase the budget appropriation for this item by $2,959
(the difference between the requested amount and the appropriated amount . The City
q
)
Manager recommended approval of the resolution. Councilmember Cohen commented
he felt the NWHHSC was a worthwhile cause.
RESOLUTION NO. 91 -66
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO PROVIDE
REQUESTED FUNDING TO NORTHWEST HENNEPIN HUMAN SERVICES
COUNCIL
The motion for the adoption of the foregoing resolution was duly seconded by .member
Philip Cohen, and the motion passed unanimously.
The City Manager briefly reviewed the staff report on a proposed resolution amending the
1991 general fund budget to adjust for anticipated reduction of local government aids
(LGA). He indicated approximately $145,042 was recommended in budget cuts to
compensate for the shortfall. He thanked the various department heads for their aid in
cutting the budget wherever possible.
Councilmember Rosene concurred with the City Manager's recommendation. He felt the
cuts had been made while still maintaining the highest possible level of service.
RESOLUTION NO. 91 -67
Member Jerry Pedlar introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO ADJUST
FOR ANTICIPATED REDUCTION OF LOCAL GOVERNMENT AIDS (LGA)
2/25/91 - 15 -
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and the motion passed unanimously.
The Council expressed condolences to Councilmember Cohen on the death of his brother -
in -law.
.ADJOURNMENT
There was a motion by Councilmember Scott, and seconded by Councilmember Pedlar to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council
adjourned at 10:17 p.m.
Deputy City Clerk Mayor
Recorded and transcribed by:
Ann J. Odden
Northern Counties Secretarial Service
2/25191 -16-
r
r
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL SESSION
MARCH 4, 1991
CITY HALL
Mayor Paulson called the meeting to order at 7:03 p.m. in the
Brooklyn Center City Council Chambers.
Present at roll call were: Mayor Todd Paulson, Councilmembers
Celia Scott, Jerry Pedlar, Dave Rosene and Phil Cohen. Also
present were City Manager Gerald Splinter, Joe Strauss of the North
Metro Mayors Association, Mike Rothman from Senator Luther's office
and arriving at approximately 7:45 p.m. was Representative
Carruthers.
The City Manager and Mr. Strauss made a presentation on the impacts
of Governor Carlson's recent budget proposal. They explained this
proposal had significant property tax implications and involved a
more than 100% increase in property taxes for residential
homesteads under $70,000 should it become enacted. The City
Council and those present discussed methods and ways of
communicating the adverse affects of this proposal and directed the
0 City Manager to prepare an informational flier for distribution to
the community.
The City Manager presented the Council with the final wording of
the draft bill authorizing the modification of the HRA levy to
enhance the ability of the City to implement its housing program.
The Council briefly discussed the language and Representative
Carruthers expressed the need for developing a presentation to the
legislature justifying modification. The City Council directed the
City Manager to proceed with seeking the modification as presented.
The City Manager presented a rough draft of a proposal from the
cities of New Hope and Crystal which would authorize School
District 281 to seek legislation in conjunction with the cities in
the district to finance a school liaison program in the middle
schools and high schools of the district. The City Manager stated
the district and other cities were requesting the City Council's to
give concept approval to the program. The program as proposed
would divide the cost of the program among the cities based on
population of each city within the school district or school
population within each city of the school district. Property taxes
would be levied by the school district and would be implemented
through a joint powers agreement among the cities and would have to
have the approval of all the cities. The City Manager also stated
3/4/91 -1-
Y x.
he would like to have authorization to modify the existing D.A.R.E.
and Drug Task Force levy legislation to include all of the expenses
of the program not just a per capita limit in the current law which
only allows a levy of less than half the cost of the D.A.R.E. and
Drug Task Force.
After discussion, there was a motion by Councilmember Scott and
seconded by Councilmember Rosene to give concept approval to the
School Liaison Proposal and instructing the City Manager to seek
modification of the D.A.R.E. /Drug Task Force levy to allow for
recovery of the full costs of both programs. The motion passed all
aye votes.
The City Manager presented materials and information relating to
gambling proposals involving employer sponsored casino nights with
play money and prizes and the use of casino night gambling for
charitable purposes. After discussion the City Council instructed
the City Manager to use minimal effort to seek possible
modification to gambling laws to make charitable casino gambling
legal and accepted the City Attorney's ruling on casino nights
which involve an exchange of money and no consideration or other
elements of gambling are involved.
The City Council reviewed a proposal from Boland and Associates for
$5,000 to provide lobbying assistance with state agencies and
legislature for 1991 as it relates to group home siting and
regulation process.
There was a motion by Councilmember Scott and seconded by
Councilmember Pedlar to authorize the Mayor and City Manager to
sign an extension of the existing contract. The motion passed all
aye votes.
The City Manager updated the City Council on his efforts in
conjunction with the North Metro Mayors Association in cooperating
with the Tri -City Housing legislative efforts to extend the
opportunity for inner ring suburbs to use the programs and funding
sources currently available to Duluth, St. Paul and Minneapolis.
The City Council encouraged the City Manager and North Metro Mayors
Association to continue to aggressively pursue this effort.
Mayor Paulson inquired as to the feasibility of using Minnesota
State Aid monies off the state aid system on residential roads to
help finance reconstruction of the city's residential streets. He
stated currently some of the residential streets were in worse
shape than many of our state aid streets. If we reach a point in
time when money is available for only state aid streets and they
are all well maintained he would be interested in seeking the use
of these monies off the state system. The City Manager explained
to Mr. Rothman and Mr. Carruthers one of the problems communities
3/4/91 -2-
have with rebuilding streets is the current special assessment law
requirements which indicate before a city can assess benefit they
must prove the dollar amount of the assessment must equal the
increase in the value of the assessed property in the same amount.
The only way o
y y y u can effectively prove this type of benefit is for
the city to let the road deteriorate to a point of impassable so it
has a dramatic affect on property values and then come in with an
improvement assessment. This type of situation is unacceptable.
Mr. Rothman and Mr. Carruthers stated they would be interested in
following through on this situation and Mr. Carruthers stated it
might well be better to modify the special assessment regulations
in some fashion and would be happy to cooperate. It was agreed
the City Manager y g r would work with our legislators to achieve some
modification of regulations to address this situation.
There was a motion by Councilmember Rosene and seconded by
Councilmember Pedlar to adjourn the meeting. The motion passed
unanimously. The Brooklyn Center City Council adjourned at 9:35
p.m.
Deputy City Clerk Todd Paulson, Mayor
3/4/91 -3-
Y�x
PROCLAMATION
DECLARING MARCH 10 -16, 1991, AS
GIRL SCOUT WEEK
WHEREAS, Girl Scouts of the United States of America recognizes
that today's girls will be tomorrow's leaders; and
WHEREAS, Girl Scouts of the United States of America is the
largest voluntary organization for girls in the world and
draws upon a large resource of positive adult role
models; and
WHEREAS, The Girl Scout Movement continues to emphasize leadership
and personal and career development for girls; and
WHEREAS, Our community and world will be the direct beneficiaries
of the skilled young women who are Girl Scouts.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State
of Minnesota, do hereby proclaim the week of March 10 through March
16, 1991, as Girl Scout Week.
Date Mayor Pro tem
Attest:
Deputy Clerk
Seal
PROCLAMATION
DECLARING MARCH 17 -23, 1991, AS
NATIONAL MIDDLE LEVEL EDUCATION WEEK
WHEREAS, middle level education has a special and unique function
in the nation's educational system; and
WHEREAS, early adolescents are undergoing dramatic physical,
social, emotional, and intellectual growth, and are
especially vulnerable; and
WHEREAS, the habits and values established during early
adolescence have critical, life -long influence; and
WHEREAS, this influence impacts directly on the future health and
welfare of our nation; and
WHEREAS, an adequate public understanding of the distinctive
mission of the middle level school is necessary for that
mission to succeed.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State
of Minnesota, do hereby proclaim the week of March 17 through 23,
1991, as National Middle Level Education Week, and that the public
be afforded special opportunities to visit middle level schools and
participate in programs that focus on the nature of early
adolescents and celebrate the ways in which our nation's schools
respond to their needs and to the needs of the nation.
Date Mayor Pro tem
Attest:
Deputy Clerk
Seal
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
11th day of March ,19 91 , at 7:15 p.m. at City Hall,
6301 Shingle Creek Parkway, to consider an amendment to Chapter 18
regarding the authority to issue citations on the surface of Twin lakes.
Auxiliary aids for handicapped persons are available upon request at
least 96 hours in advance. Please notify the personnel coordinator at 569 -3300
to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE BROOKLYN
CENTER CODE OF ORDINANCES, ADDING NEW SECTION 18-
103, PROVIDING FOR THE ISSUANCE OF CITATIONS ON THE
SURFACE OF TWIN LAKES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 18 of the City Ordinances of the City of Brooklyn
Center is hereby amended by adding new Section 18 -103 as follows:
Section 18 -103. AUTHORITY TO ISSUE CITATIONS ON TWIN
LAKES.
Nonsworn personnel from the police departments from the cities of
Brooklyn Center, Robbinsdale, and Crystal are authorized to issue citations on
any part of the city ying on Twin Lakes or islands in Twin Lakes or on public
lands adjacent to Twin Lakes: for violations of any applicable laws, ordinances
or regulations, under the authorization and direction of the City Manager or
the City Manager's designee.
ORDINANCE NO.
Section 2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this day of , 19
Mayor Pro tem
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted.)
CITY OF BROOKLYN CENTER Council Meeting Date - 3-11-91
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
AMENDMENT TO HUMBOLDT /CAMDEN TASK FORCE IMPLEMENTATION PLAN
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Signature - title
******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** apt**** ♦ � * * * *;t���„ * * * * * * * * * * * * * * * * * **
MANAGERS REVIEW /RECOM MEN DATION: ra
No comments to supplement this report Comments below /attached
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached )
The City Council recently approved the Humboldt /Camden Task Force Implementation plan with
the exception of Finding #2, Recommendation 1. This section was referred to staff for
modification. Below is our recommendation which makes no changes in the finding and
recommendation paragraphs but does rewrite the action section.
• FINDING #2 - There needs to be a clarification of HUD regulations or the institution of a better regulation pertaining
to requirements for eligibility for HUD housing assistance. The following are specific recommendations and
recommended actions relating to this finding:
RECOMMENDATION #1 - Have cities put pressure on the Housing and Urban Development Department to
institute a process where they would require checks of previous owners to determine if there had been any unlawful
detainer or serious rental problems with persons attempting to get into HUD programs and using this undesirable past
rental history as a disqualifying factor for anyone attempting to qualify for HUD rental assistance programs.
ACTION The City staff has reviewed this Humboldt /Camden Task Force Recommendation with HUD
Agencies. After this contact, a modification to this finding and recommendation merit consideration. Because
Section 8 Certificate holders, under federal law are guaranteed equal protection and treatment, there can be no
differential treatment of Section 8 Certificate holders. We believe that by assisting apartment owners and managers
in establishing a quality screening process applicable to all prospective renters we can achieve the same end as the
original Task Force recommendations. The City Council directs the City staff to work with Metro HRA, HUD, and
apartment owners to encourage the development processes leading to improved screening of prospective renters.
Attached is a copy of the original text of this section for comparison purposes.
RECOMMENDATION:
Adopt a motion approving the proposed modification to the Implementation Plan.
•
.t
LYN cENrF
POLICE DEPARTMENT
MEMORANDUM
POLICE
TO: Phil Cohen
FROM: Jim Lindsay
DATE: February 6, 1991
SUBJECT: Humboldt /Camden Task Force Implementation Plan
I received your memorandum outlining your concern and recommendation
regarding Page 2, Finding 2, Recommendation 1. After meeting with Jerry
Splinter, we are proposing to alter the "Action" section so the finding,
recommendation and action will read as follows:
FINDING #2 - There needs to be a clarification of HUD regulations or the
institution of a better regulation pertaining to requirements for eligibility for
HUD housing assistance. The following are specific recommendations and
recommended actions relating to this finding:
RECOMMENDATION #1 - Have cities put pressure on the Housing
and Urban Development Department to institute a process where they would
require checks of previous owners to determine if there had been any unlawful
detainer or serious rental problems with persons attempting to get into HUD
programs and using this undesirable past rental history as a disqualifying factor
for anyone attempting to qualify for HUD rental assistance programs.
ACTION: The City staff has reviewed this Humboldt Camden Task
Force Recommendation with HUD Agencies. After this contact, a
modification to this finding and recommendation merit consideration. Because
Memo to P. Cohen
Page 2
February 6, 1991
Section 8 Certificate holders, under federal law are guaranteed equal
protection and treatment, there can be no differential treatment of Section 8
Certificate holders. We believe that by assisting apartment owners and
managers in establishing a quality screening process applicable to all
prospective renters we can achieve the same end as the original Task Force
recommendations. The City Council directs the City staff to work with Metro
HRA, HUD, and apartment owners to encourage the development processes
leading to improved screening of prospective renters.
The finding and recommendation paragraphs are as compiled by the
Humboldt /Camden Task Force, but we have rewritten the "action" section.
Please review and give me a call so we can discuss whether this change is
acceptable to you.
CITY OF BROOKLYN CENTER council Meeting Date 03/11/
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
LEGISLATIVE UPDATE - TRANSPORTATION FUNDING
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
,,
SY KNAPP, )DI RECTO OF PUBLIC WORKS
MANAGER'S REVIEW RECOMMENDATI
/ ON.
No comments to supplement this report Comments below /attached
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached Y'S )
• As a result of recent action by the Minnesota legislature, $52 million of "Motor
Vehicle Excise Tax" (MVET) funds were transferred from the Highway Trust Fund into
the State's general fund. Under the current distribution formula (62% to MNDOT, 29%
to Counties, 9% to Cities) Minnesota cities over 5000 population lost $3A3 million
as a result of this action. Brooklyn Center's share of this loss is $36,029 (i.e. -
a reduction from $897,800 to $861,771) in our 1991 Municipal State Aid Street (MSAS)
allotment.
The City Engineers Association of Minnesota (CEAM) has compiled the attached
information regarding the current status of this matter and have asked for our
response to the survey form which was prepared by the Minnesota Transportation
Alliance (MTA). On that form, City Manager Splinter and I have prepared "draft"
responses to the questions posed.
City Council Action Requested
• review this information
• discuss the matter
• provide staff with direction regarding the City's response to the survey,
and other possible action relating to this matter.
•
_ City of Savage
Nw .i D.. P.,ch 6000 McColl Drive • (County Road 16) • Savage, Minnesota 55378
Telephone (612) 890 -1045 FAX (612) 890 -3815
TO: CEAM Legislative Committee 2
FROM: Bruce R. Bullert, Chairman Y
SUBJECT: Transportation Funding
DATE: February 28, 1991
The Minnesota Transportation Alliance held a meeting on February
27th to discuss a number of issues involving transportation
funding. One of the items discussed at this meeting involved the
MVET revenues which have been eliminated from transportation
funding and utilized for general budget balancing purposes by the
Minnesota Legislature and Governor. The qu estion raised is whether
litigation should be ursued in order to clarify he constitutional
nstitutiona 1
P
y
intent regarding this revenue source. Enclosed is material
provided at this meeting which outlines the P resent law as well as
a legal opinion regarding g P g rding the constitutionality of the MVET revenue
issue. At this time, there appears to be some legal basi's`,Vhich
would require the MVET revenues to be transferred into the Highway
Trust Fund and distributed to Trunk Highways, County State Aid
Highways and Municipal State Aid Streets. The Commissioner of
Transportation also made a presentation at this meeting and stated
that the Attorney General's opinion was just the opposite and
therefore the Legislature and Governor can commit these funds to
any purpose they deem appropriate. It appears that this item will
not be resolved easily, especially in lieu of the crisis presently
occurring within the State. It is also possible that the
litigation would be retroactive to the early seventies and could
involve a total fund amount of approximately 4 to 5 billion dollars
which has been utilized from MVET revenues for other purposes than
transportation.
A survey was handed out as part of this packet of information to
obtain positions by different organizations in the transportation
field. Attached is a copy of this survey form which we are
requesting the Legislative Committee to fill out in order that the
City Engineers Association may put forth a position regarding these
different matters. The survey includes the litigation matter on
MVET as well as other recommendations of the Transportation Study
Board. Please review this survey, answer the questions based upon
CEAM Legislative Committee
February 28, 1991
Page 2
your present position and return a copy of the survey to me for
summarization and submittal as the City Engineer Organization
position. Please return them by March 8, 1991 at the following
address:
City of Savage
Attention: Bruce R. Bullert, City Engineer
6000 McColl Drive
Savage, Minnesota 55378
Telephone: 612 -890 -1045
A decision on the next step to be taken in this process will then
be decided by the Minnesota Transportation Alliance. h
P The statement
was made that the present MVET money that was removed from our
allocation will not
be spent until June 30, 1991 and therefore time
is still available to possibly obtain these particular funds.
Thank you for your cooperation regarding this matter.
P.S. The next meeting with the Transportation Study Board Executive
Director is scheduled for March 6, at 1:00 pm at the State
Capitol, Room 346. Only five members from the City Engineers
Association were present at the last meeting.
Enclosure
BRB /mhd
FRED J. COPRIGAN
JERRY A . ,, -. N
AsY. EaKW�N THE MINN ESOTATRANSPORTATION % am
Dnecror
FORMERLY MINNESOTA GOOD ROADS. INC.
February 27, 1991
MVET FORUM SURVEy
aye, Please fill out and leave at the Registration Desk before
>; departing. Additional copies are available upon request- Thank you
for your assistance..
i.�. Do you or your organization support the constitutional dedication
::.:.. of MVE!r at `.
50% dedication YES NO
100% dedication < YES NO
other YES NO
Do u or ur or
:n:_• . Yo yo ganization- there_ is public support for the
continued use of MVET revenues -for sportation?
YES NO
Would you or your organization. support a legislative effort to put
` the - question of MVET' being- constitutionally dedicated om the ballot
during the 1992 general election? - -
{ . X . YES NO
Do. - yoir believe ' . there i:s. ''a- need. for' . transportation - related
r
w organizations to organize and implement a public relations campaign-
to ensure the success: of a_ ballot question constitutionally
` o
dedicating MVET to transprtation ?:
- YES- NO Y
Do you, or your organization believe litigation - should be puraued '
recover the $26 million - already deposited in. the Highway User Tax
Distribution Fund on January 15, 1991 if legislative relief cannot .
be secured during this legislative session?
YES X NO
Do you or your organization believe litigation should be pursued in
�F.. the Supreme Court to clarify the constitutional intent of the
phrase "any tax on motor and whether this phrase should
properly include MVET
YES NO
Do you or your organization support the following funding
recommendations of the Transportation Study Board:
Authorize an increase in the motor ve icle fuel tax of four cents
YES NO
Authorize an increase in the minimum automobile license fee to $50
YE S NO
(OVER)
0
310:UNIYERSITYAVENUF v_rrt+EAVOUS. SSils
Increase heavy truck use fees to more appropriately relate to road
use and to achieve equity among classeE of vehicles
YES NO
Assess the general sales tax on automobile se ce
YES � NO
Approve a one -half cent regional sales tax for regional highway and
transit projects, including Light Rail- Transit, in the Twin Cities
metropolitan area
YES NO
Remove the use of transportation revenues for subsidies for
alternative fuels
YES NO
_- Authorize the use of indexing or a long -range schedule. of motor
vehicle fuel tax increases to protect fuel tax revenues from
.. inflation_
a' YES . NO
Fund the Department of.Public: Safety and other non - highway related
}' �+ expenditures from the- General_ Fund. instead of from. the Highway Use =
i.
Tax Distribution Fund .:.
YES NO
Establish three funds with, stable- sources of revenue that are
dedicated. to transportation: - 1) Highway User Tax Distribution- Fund ;:. .
2) Transportation, Services Fund;. and. 3.) Transit- Fund .
YES NO
i
Is .'your organization or membership in_ a position. to help
.- financially?
Up to $5,000 $5,000 to $10,000
$10,000 to $20,000: Over-$20,000
Unable to contribute at this time
Would you be willing to serve on. a committee representing all.
transportation- related organizations in an effort to secure
legislation and cons titutional.dedication o£ =T?
X . YES NO
Organization
Address
Representative
These surveys will he used by The Minnesota Transportation Alliance only for the purpose of accumulating
data. Your individualsurvey response will not be released to anyone without your permission.
CONSTrMMON OF rHE STA rE OF MINNESOTA 1 xiY11i
ARTICLE XIV
PUBLIC HIGHNVAY SYSTEM
Section 1. Authority of state; participation of political subdivisions. The state may
construct, improve and maintain public highways, may assist political subdivisions in
this work and by law may authorize any political subdivision to aid in highway work
within its boundaries.
Sec. 2. Trunk highway system. There is hereby created a trunk highway system
which shall be constructed, improved and maintained as public highways by the state.
The highways shall extend as nearly early as possible along the routes number 1 through 70
described in the constitutional amendment adopted November 2, 1920, and the routes
described in any act of the legislature which has made or hereafter makes a route a part
of the trunk highway system.
The legislature may add by law new routes to the trunk.highway system. The trunk
highway system may not exceed 12,200 miles in extent, except the legislature may add
trunk highways in excess of the mileage limitation as necessary or expedient to take
advantage of any federal aid made available by the United States to the state of
ititinnesota..
Any route added by the legislature to the trunk highway system mzy be relocated
or removed from the system as provided by law. The definit_- location of trunk
highways numbered 1 through 70 may be relocated as provided by law but no relocation
shall cause a deviation from the starting points or terminals nor cause any deviation
from the various villages and cities through which the routes are to pass under the
constitutional amendment adopted November 2, 1920. The location of routes may be
determined by boards, officers or tribunals in the manner prescribed by law.
Sec. 3. County state -aid highway system. A county state -aid highway system shall
be constructed, improved and maintained by the counties as public highways in the
manner provided by law. The system shall include streets in municipalities of less than
5,000 population where necessary o provide an ry p integrated and coordinated highway
system and may include similar streets in larger municipalities. I ' ..
Sec. 4. Municipal state -aid street system. A municipal state -aid street system
shall be constructed, improved and maintained as public highways by municipalities
having a population of 5,000 or more in the manner provided by law.
Sec. 5. Highway user tax distribution fund. There is hereby created a highway
user tax distribution fund to be used solely for highway purposes as specified in this
article. The fund consists of the proceeds of any taxes authorized by sections 9 and 10
of this article. The net proceeds of the taxes shall be apportioned: 62 pe r to the
trunk highway fund: 29 percent to the county state -aid highway fund; nine percent to
the municipal state -aid street fund. Five percent of the net roceeds
of t
user tax distribution fund may be set aside and a p he highway
apportioned by law to one or more
of
the three foregoing funds. The balance of the highway user tax distribution fund shall
be transferred to the trunk highway fund. the county state -aid highway fund, and the
municipal state -aid street fund in accordance with the percentages set forth in this
section. No change in the apportionment of the five percent may be made within six
years of the last previous change.
Sec. 6. Trunk highway fund. There is hereby created a trunk highway fund which
shall be used solely for the purposes specified in section 2 of this article and the payment
of principal and interest of any bonds issued under the authority of section 1 1 of this
article and any bonds issued for trunk highway purposes prior to July 1, 1957. All
payments of principal and interest on bonds issued shall be a first charge on money
corning into this fund during the year in which the principal or interest is payable.
Sec. 7. County state -aid highway fund. There is hereby created a county state -aid
highway fund. The county state -aid highway fund shall be apportioned among the
counties as provided by law. The funds apportioned shall be used by the counties as
(OVI-R)
provided by law for aid in the construction, improvement and maintenance of county
state -aid highways. The legislature may authorize the counties by lam• to use a part of
the funds apportioned to than to aid in the construction, improvement and mainte-
nance of other county highways, township roads, municipal streets and any other public
highways, including but not limited to trunk Highways and municipal state -aid streets
within the respective counties.
Sec. 8. Municipal state -aid street fund. There is hereby created a municipal
state -aid street fund to be apportioned as provided by law among municipalities having
a population of 5,000 or more. The fund shall be used by municipalities as provided
by law for the construction, improvement and maintenance of municipal state -aid
streets. The legislature may authorize municipalities to use a part of the fund in the
construction, improvement and maintenance of other municipal streets, trunk high-
ways, and county state -aid highways within the counties in which the municipality is
located.
Sec. 9. Taxation of motor vehicles. The legislature by law may tax motor vehicles
using the public streets and highways on a more onerous basis than other personal
property. Any such tax on motor vehicles shall be in lieu of all other taxes thereon,
except wheelage taxes imposed by political subdivisions solely for highway purposes.
The legislature may impose this tax on motor vehicles of companies paying taxes under
the gross earnings system of taxation notwithstanding that earnings from the vehicles
may be included in the earnings on which gross earnings taxes are computed. The
proceeds of the tax shall be paid into the highway user tax distribution fund. The law
may exempt from taxation any motor vehicle owned by a nonresident of the state
properly licensed in another state and transiently or temporarily using the streets and
highways of the state.
Sec. 10. Taxation of motor fuel. The legislature may levy an excise tax on any
means or substance used for propelling vehicles on the public highways of this state or
on the business of selling it. The proceeds of the tax shall be paid into the highway user
tax distribution fund.
Sec. 11. Highway bonds. The legislature may provide by law for the sale of bonds
to carry out the provisions of section 2. The proceeds shall be paid into the trunk
highway fund. Any bonds shall mature serially over a term not exceeding 20 years and
shall not be sold for less than par and accrued interest. If the trunk highway fund is
not adequate to pay principal and interest of these bonds when due, the legislature may
levy on all taxable property of the state in an amount sufficient to meet the deficiency
or it may appropriate to the fund money in the state treasury not otherwise appropriat-
ed. (Amended, November 2, 19821
Sec. 14. This article shall take effect on the first day of
July, 1957.
See. 2. The proposed amendment shall be submitted to
the people of the state for their approval or rejection at the
general election for the year 1956 in the manner provided by
law for the submission of amendments to the constitution, and
the votes thereon shall be counted, canvassed, and the result
thereof proclaimed as provided by law. The ballots used at this
election shall have printed thereon the following:
"Shall the Constitution of the State of Minnesota be
amended by including a consolidated article on public high-
ways, establishing and continuing the trunk highway system
which is to be constructed and maintained by the state, author-
izing the issuance of bonds for trunk highway purposes ; au-
thorizing the state to aid in the construction and maintenance
of other public highways; authorizing the taxation of motor
vehicles and the levying of an excise tax on motor fuel to create
a fund for highway purposes, and apportioning the moneys in
said fond for highway purposes as follows: 62 percent to the
trunk highway fund, 29 ercent t
o the e county state -aid high-
fund and g
Y d nine
percent to the
p municipal state -aid street
fund?
d.
Yes.................... No .................... it
Approved AoriI 25. P-
QED 1. C: 2RIC,aN
E.•cu +.w Ju•oo' >���r�"SY�iIISL+im'j+s`.�f"' �
ARRY %NDERSON THE MINNESOTA TRANSPORTATION
Afv. Ea.n,a.. Jowor
FORMERLY MINNESOTA GOOD ROADS. INC.
MEMORANDUM
TO: Fred Corrigan
FROM: Wayne Popham
DATE: February 7, 1991
RE: Major Decisions To Be Made
--------------------------------------------------------------
1. Public opinion effort
a. How capable of being documented is the contention that a
crisis is facing the state's highway system.
b. How can that contention be reduced to charts, graphs,
ads, etc. to present to editors, opinion leaders, etc.
C. Can endorsements be obtained from former governors,
retired legislative leaders, labor and business leaders,
including persons from the Metropolitan area.
0 d. What resources in personnel and funds can be devoted to
crystallizing and demonstrating broad public support for
a dedicated MVET.
The results of this effort will undergird both a legislative
and /or a judicial effort to attain a dedicated MVET and /or
return of the million.
2 (o. 0
2. Attempt to get a constitutional amendment on the ballot
dedicating some part of the CIVET
a. How much of the tax must be dedicated for the amendment
to be acceptable? Will a portion of the tax solve the
problem?
b. What are assumed to be the prospects for passage of such
an amendment in 1992?
C. Is there any way seen whereby the litigation could be
held in abeyance until an amendment was voted upon, where
if the amendment failed to be approved, the case could
still be submitted to the Supreme Court? Or, would any
case have to be litigated before an amendment is
submitted for a vote and a possible rejection.
34L): Umv FiSITY :YE'I;:E � E :.7INE.4PQLIS,;AINN 53314
I
3. L't' at'on t w
i iQ i o decide nether the MVET is a dedicated tax
a. Preliminary analysis seems to indicate that the legal
case may be fairly good for establishing the MVET as a
dedicated tax. How strong does the case need to be
before it can be filed.
b. What is assumed to be the negative consequences, if any,
of litigating this issue either successfully or
unsuccessfully.
-- Governor
-- Legislature
C. If the legislature places an acceptable amendment on
the ballot in 1992, will the suit be foregone?
d. Will this claim be filed as a separate suit, without a
claim for dedication of the MVET?
2C,.o
4. Litigation of $5-2— Tnil? ion withdrawal
a. Preliminary analysis seems to indicate that the legal
case may be fairly good for return of the $52.0 million.
How strong does the case need to be before it can be
filed.
b. What is assumed to be the negative consequences, if any,
of litigating this issue either successfully or
unsuccessfully.
-- Governor
-- Legislature
C. If the legislature places an acceptable amendment on
the ballot in 1992, will the suit be foregone?
d. Will this claim be filed as a separate suit, without a
claim for dedication of the MVET?
2 -
MEMORANDUM
TO: Fred Corrigan
FROM: Wayne Popham
DATE: February 25, 1991
RE: Analysis of The Effect of Article 16 of the Minnesota
Constitution on the MVET
-----------------------------------------------------------------
I. ARTICLE I6 SECTION 9 OF THE MINNESOTA CONSTI'T'UTION
REQUIRES THE PROCEEDS OF THE MVET TO BE PAID INTO THE
HIGHWAY USER TAX DISTRIBUTION FUND
A. Section 9 of Article 16 provides that any motor
vehicle tax which is adopted will be dedicated to
highway purposes
a. The objective of the framers of the Minnesota
Constitution was to create and fund an adequate
road system for the State of Minnesota. That is
why the dedication of revenues was included in
Article 16. Such language did not have to be
included. The legislature could have just
passed a MVET or a gas tax and placed the,,.
proceeds in a general fund.
b. The framers of Article 16 knew that they were
drafting a document that could not easily be
amended but would need to be broad in scone if
it was to cover unforeseen future conditions.
Broad language was used in the wording of that
section. _.
C. After six years it was determined that the state
road system would need more revenues than what
was being generated by the motor vehicle
registration tax. At that point the legislature
could have adopted the present MVET as the
response. Instead it decided to adopt a tax on
motor vehicle fuel to provide the needed
revenue.
The legislature could have adopted a gas tax in
1926 and placed the proceeds in the general
fund, since a tax on motor vehicle fuel was not
included in Section 9 when that language was
originally adopted. However, it was decided
that the road system of Minnesota needed the
dedicated revenue from both taxes on motor
vehicles and from taxes on the related subject
of motor vehicle fuel. Thus a second amendment
was submitted to the voters and approved to
dedicate the revenue from the tax on motor fuel
to support the road system. The 1926 amendment
reaffirmed the intent to provide dedicated funds
that would insure the adequate maintenance of a
viable road system for the state.
d. Section 9 of Article 16 could have specified by
name the particular taxes, if the framers
intended only particular taxes to be
authorized. That is what was done in Section
10, where the authorization is for a specific
"excise tax" on motor fuel.
Or Section 9 could have stated that the
Legislature is only authorized to adopt a single
tax, if that is what was intended. That in
effect is what was done in Section 10.
e. Instead the first sentence of Section 9 contains
a general, unrestricted authorization to tax
motor vehicles, i.e. "The Legislature may tag
motor vehicles using the public streets and
highways of this state. . . . The framers,`of
Article 16 had to anticipate that in future
years there could be greater highway revenue
needs and other taxes might be required in order
to maintain a viable highway system.
The second sentence of Article 9 uses the P hrase
" any such tax on motor vehicles. . . ." If the
intent was only to authorize a single tax the
framers of Section 9 would have said, " The tax
on motor vehicles etc."
The third sentence of Section 9 now refers to
" this tag ", arguably a single tax. However, the
language of the third sentence before the 1974
restructuring said " such tax ". This is a
reference back to the second sentence where the
authorization is for any such tax ", a phrase
which can encompass more than one tax. Since
the 1974 language changes the meaning, the
Legislature proposing the 1974 amendment
provides that the earlier language will remain
in effect.
-2-
The fourth sentence of Section 9 was similarly
changed in the 1974 restructuring, from " a n y
such law" to " the law ". The result is the same
as for the third sentence.
The fifth sentence also changed the phrase " such
tax" to "the tax ". Again the result is the
same, the 1956 language remains in effect.
f. The words "Any such tax . . ." shall be in lieu
of all other taxes thereon," means that any tax
that is adopted in the future involving motor
vehicles is to be under Section 9. There can
not be motor vehicle taxes that are outside
Section 9.
g. The ballot language in 1956 was broad.and not
restricted to one tax. It clearly indicated to
the voters that taxation of motor vehicles would
go to highway purposes: "authorizing the
taxation of motor vehicles and the levying of an
excise tax on motor fuel to create a fund for
highway purposes,..."
h. The title of the bill which proposed the 1956
amendment to the people similarly indicated that
a broad scope was intended, not a scope
restricted to one single tax.
B. The MVET is a "taxation of motor vehicles."
a. Like the motor vehicle registration tax, the
MVET is a tax which results from the ownership
of the motor vehicle. Both taxes would not
exist but for the ownership of the vehicle and
both increase the cost to the owner of owning a
motor vehicle.
b. The owner of a motor vehicle is not going to
consider that one tag is a "taxation of motor
vehicles" and the other tax is not. Payment of
both forms of taxation occurs only because of
the ownership of the vehicle. There is no
logical reason to expect that only one of the
two taxes would be dedicated to highway
purposes, or, if so, to guess which of the two
taxes is dedicated to highway purposes.
C. The MVET is closely intertwined with the
registration tax, being collected through the
-3-
motor vehicle tax system. MSA 297B.06 provides
that plates shall not be issued until the MVET
is paid.
d. If the MVET is not a dedicated tax on the motor
vehicle, it would be unconstitutional, since
Section 9 precludes any non - dedicated taxes on
motor vehicles. Courts will favor a
construction of a statute which upholds its
constitutionality.
II. THE $26.0 MILLION IN H.F. 47 IS DEDICATED
1. To date the Governor and the Legislature have not
acknowledged that the proceeds of the MVET are
dedicated by Article 16. However, in the'
session $52.0 million of MVET proceeds were
appropriated from the MVET to highway purposes.
2. On 1/15/91, pursuant to that legislative commitment,
the Commissioner of Finance transferred part of these
funds, i.e. $22,271,001 to the HUTDF, $4,629,259 to
the Trunk Highway Fund and $9,258,518 to the Transit
Assistance Fund. The balance of the payments under
the 1990 law would be transferred on 7/15/91.
3. There is no claim that the transfer into the fund was
a mistake. The transfer was pursuant to a considered
decision of the Legislature which was made in the
1990 session after extended debate.
4. Once moneys are deposited in a trust they take on the
character of trust funds and can only be removed from
the trust as authorized by the terms of the trust.
(562)ZWGP
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.The road to lower taxes: the Interstate 94 bridge to Wisconsin ,_, J." ;}
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. a
der
com p( 3 ��n v �.� o�� the model company t the second highest ? per
.Ll g a j1 notes property tax rate of the six: Ohio would
charge the same -sized company the smallest I'
INNESOTA IS TOP TAKER IN NAIOP STUDY _amount_— $33,600, or 70 percent less than oe
Minnesota. stil
by John Mugford ``The high cost of doing business in Min - ; i ,cia
v use of pc
= nesota is mainly beta o e property tax o
says Rick Collins, chair of NAIOP 's deN
legislative committee. "Save from downtown ' mo
ive or six years ago, a few business are getting hit as hard as businesses can get hit Manhattan, Minnesota, at 4.95 percent (of - i` Arc
people and legislators were having when it comes to property taxes, NAIOP of- ;market value), has highest C/I tax rate in the =
dinner in Alexandria. How would it be possi- ficials say. They've shown the same thing for -, `country. We've got to face the music now and
ble for the subject of property taxes not to `the last five years. ~..take a hard look at our tax system >
come up? Using a model company with gross I "For years we'd been lobbying for reduc _
When the business people started in on revenues of $8.75 million per year, 70,000 tions in the CII property tax rate; says Paul
-their usual complaining about Minnesota's square feet of light - industrial property, 99 °Dunn, president of the local NAIOP chapter
commercial/industrial property tax rate, they -employees and a series of other, identical_ j'But they would just shoot holes in it by say
got the usual response from the lawmakers. variables, Minnesota charges such a com- ing other states charge companies with some
"Show us some facts;' the legislators told pany at least 23 percent more in total taxes ` 'taxes we don't. What we've come up with is
the business people, who were officials with than any of the five other states used in the evidence they can't refute"
the National Association of Industrial and Of- comparison. In Minnesota, that company The committee recently presented its
fice Parks ( NAIOP). "And don't just compare would pay $162,149 per year in sales, cor- statistics to Gov. Arne Carlson and to state
us to the Dakotas, but to states we really com - porate income, unemployment and real estate legislators.
pete with, with metropolitan areas that we taxes. Two weeks ago, NAIOP members, -
compete with" That same size company in Illinois, which members of other groups and business =
In addition, the legislators wanted a com- has the second - highest rate of the six states, owners throughout the state got some good
parison of all the taxes charged to a business, would be taxed $124,831 per year. news when Carlson proposed his new budget
not just property taxes. They were confident Massachusetts, long thought of as a high - and tax plan. It's a plan that, while increas-
that when all of the taxes were included, Min - tax, liberal state, would charge the least — ing residential property taxes, would lower
nesota wouldn't look so bad. That's because $76,346 per year — of the six. The other states the taxes charged on commercial and in -`
several other states tax a company's personal included in the survey are Colorado, Ohio dustrial properties by an average of 21
property, which Minnesota doesn't do. and Wisconsin. percent.
So, the next year, NAIOP officials did as Minnesota's business -tax rate is the highest Without question, NAIOP officials sup -
they were told, using metropolitan areas and because of property taxes, NAIOP officials . , ' port the governor's proposal, even though it
Cates suggested by the legislators. NAIOP of- say. When taking into account all of the other would reduce state aid to cities, which in turn
cials have been doing the study ever since as taxes charged to a business besides property could have to increase property taxes.
art of their annual lobbying effort to reform taxes, the states tax at virtually the same rate. But it would lead to more accountability,
the state's property tax system. But Minnesota would charge the model Collins says. `And logically that would mean
The latest statistics show conclusively that company $118,300 in real estate taxes, or 28 _
Minnesota commercial and industrial firms percent more than Illinois, which would tax Taxes
to gage 14
A—
e
Minn *Real Estate Journal
Pa March 4, 1991
g
Tars NAIOP LEGISLATIVE State ax Compar1wn 1990
from page I COMMITTEE TAX YEAR
there would be tax reductions in other areas, Minnesota Wisconsin Illinois Ohio Colorado Massachusetts
which could provide opportunities for State Sales Tax Business
business" ($145,250 taxable purchases) $8,715 $7,263 $9,078 $7,263 $4,358 $7,268
For several years, business leaders in the State Personal Property Tax \
Twin Cities have complained that the state is ($700,000 value) NA NA NA 10,191 14,000 1,820
wasting money by sending more aid to cities
that don't necessarily need it. State Corporate Income Tax
"Cities receive an amount based on how' ($98,450 taxable income) 9,648 7,778 7,187 7,007 5,116 9,353
much they received the year before, not by State Unemployment Tax
how much they need;' Collins says. `And (99 employees) 25,486 25,988 23,166 20,592 14,850 18,711
every year, it's an increase. There are stories Commercial /Ind. Real Estate Tax
about cities putting the money into the bank 70,000 square feet 118,300 45,500 85,400 33,600 45,500 39,200
because they can't spend it all" ( q )
Figuring out a way to get what NAIOP of- Rate per square foot $1.69 $ .65 $1.22 $ .48 $ .65 $ .56
ficials consider the right amount to cities TO TAL COMPANY TAXES 162,149 86,528 124,831 78,653 83,824 76,346
would be a way for the state to cut spending,
Twin Cities business leaders say. And that State Individual Income Tax
10,688 9,336 5,334 2,684 8,890 10,579
could mean a decrease in the C/I tax rate, they (14 @ 12,700)
43,920 41,220 21,600 16,049 36,000 42,840
say. (36 @20,000)
42,570 44,084 70,50 84,431
Such a plan is also one aspect of a five -step A.G.I. (43 @ 33,000) 97,180 87,974
proposal introduced to legislators this year by (6 @ 81,500) 37,020 32,442 14,670 21,040 24,4450 29,096
NAlOP officials and representatives of a 226 Total 2,805,800 188,788 170,970 84,174 83,858 140,290 166,945
loose -knit coalition of nine area business
groups, including many chambers of TOTAL ALL TAXES 350,937 257,499 209,005 162,511 224,114 243,291
commerce.
That five -point plan calls for reducing the Assumptions: Gross Payroll $2,805,000 / 99 Employees / 70,000 Square Feet of Light Industrial Space
C/I tax rate to 3 percent in five years. $145,250 Taxable Purchases
Carlson's proposed tax plan does not incor- $98,450 Net Income before Corporate Tax SOURCE: NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS
porate many of the coalition's plans, but of-
ficials from the coalition are behind Carlson's
plan anyway, mainly because of the propos -.. ` ` the neighboring rival. headquarters in the Twin Cities are building business coalition hope to influence on
ed C/I reductions, Collins says. NAIOP's sample business would pay facilities in western Wisconsin. legislators in upcoming hearings before the
This is the first year when business -tax $45,500 in property taxes in Wisconsin, or 61 Of course, Carlson is an Independent- House and Senate tax committees. One such
statistics from Wisconsin have been includ- percent less than in Minnesota. Republican. The majority of Minnesota's hearing is scheduled before the Senate Tax
ed in NAIOP's survey. That's because "Tommy Thompson has turned that state Legislature are Democratic - Farmer - Committee March 16. Collins says the coali-
business leaders in Minnesota have been lob- around,' Dunn says. "The tax situation in Laborites. And many of those DFL tion is lining up business representatives to
bying for this state to follow Wisconsin, Minnesota makes it difficult to attract new legislators are criticizing Carlson's plan, testify on the high costs of doing business in
which has been cutting business taxes in re- businesses. Look at 3M: Whenever they ex- meaning the governor's proposal could be Minnesota.
cent years under Republican Gov. Tommy pand, it's usually out of state" shot down.
Thompson. Carlson, too, has been lauding Collins says many Minnesota firms with That's why officials from NAIOP and the
IJEI�I 11 11 11 1 I II I m 1: 1 1 M I-I
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t;
.., ... rM. . ;�•;, : hi. � P. i �,.. < r ,. .vf�f�s +i � .n �M.at':a ��:� 4 d NM n,� r ,. .
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING 1991 PAY PLAN TO REFLECT ADJUSTMENTS
MADE TO THE 1991 GENERAL FUND BUDGET
WHEREAS, because the City of Brooklyn Center anticipates
reductions in its local government aid (LGA) from the State of
Minnesota in 1991, the Brooklyn Center City Council approved
Resolution 91 -67 which amends the 1991 general fund budget to
reduce certain expenditures, including one maintenance II position
in the Parks and Recreation Department; and
WHEREAS, it is necessary to amend the 1991 pay plan to
reflect reductions made by Resolution No. 91 -67; and
WHEREAS, now that adjustments have been made to the 1991
budget, the City Council wishes to formally recognize the Domestic
Abuse Intervention Program in the 1991 general fund budget and pay
plan; and
WHEREAS, until the full budgetary impact from the State
is known, the City Council wishes to authorize the continuance of
the position of Police Administrative Intern by including it as a
regular position in the 1991 pay plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the
City of Brooklyn Center that the 1991 pay plan is hereby amended
and the 1991 general fund budget is impacted as follows:
1. The Parks and Recreation Department section of
Schedule A, 1991 Positions Authorized, is amended
to reduce the number of authorized Maintenance II
positions from eight (8) to seven (7).
2. The Domestic Abuse Intervention Program is formally
recognized as it has been in operation since mid -
1990.
3. The Police Department section of Schedule A, 1991
Positions Authorized, is amended to delete one (1)
Administrative Analyst and add one (1) position of
Police Administrative Intern which will not be
exempt from overtime.
4. Schedule C is amended to delete the position of
Administrative Analyst and add the position of
Police Administrative Intern with a grade range of
SSA to S12C and monthly salary range of $1,977 to
.� $2,406.
RESOLUTION NO.
Date Mayor Pro tem
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.
r�
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR
THE DEDICATED PUBLIC SERVICE OF DAVID AULT
WHEREAS, David Ault served on the Brooklyn Center Charter
Commission from January 5, 1989, to March 1, 1991; and
WHEREAS, David Ault has always been willing to serve on
various ad hoc committees throughout his term; and
WHEREAS, his public service and civic effort for the
betterment of the community merit the gratitude of the citizens of
Brooklyn Center; and
WHEREAS, his leadership and expertise has been greatly
appreciated by the Brooklyn Center Charter Commission; and
WHEREAS, it is highly appropriate that his service to the
community should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the dedicated public service of David
Ault is hereby recognized and appreciated by the City of Brooklyn
Center.
Date Mayor Pro tem
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 EXPRESSING RECOGNITION OF AND APPRECIATION FOR
THE DEDICATED PUBLIC SERVICE OF BENJAMIN CHATELLE
WHEREAS, Benjamin Chatelle served on the Brooklyn Center
Charter Commission from January 14, 1986, to February 3, 1991; and
WHEREAS, Benjamin Chatelle has always been willing to
serve on various ad hoc committees throughout his term; and
WHEREAS, his public service and civic effort for the
betterment of the community merit the gratitude of the citizens of
Brooklyn Center; and
WHEREAS, his leadership and expertise has been greatly
appreciated by the Brooklyn Center Charter Commission; and
WHEREAS, it is highly appropriate that his service to the
community should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the dedicated public service of
Benjamin Chatelle is hereby recognized and appreciated by the City
of Brooklyn Center.
Date Mayor Pro tem
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.
lid
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR
THE DEDICATED PUBLIC SERVICE OF BARBARA SEXTON
WHEREAS, Barbara Sexton served on the Brooklyn Center
Charter Commission from April 4, 1980, to February 3, 1991; and
WHEREAS, Barbara Sexton has served in the capacities of
Chairperson and Secretary, and has always been willing to serve on
various ad hoc committees throughout her term; and
WHEREAS, her public service and civic effort for the
betterment of the community merit the gratitude of the citizens of
Brooklyn Center; and
WHEREAS, her leadership and expertise has been greatly
appreciated by the Brooklyn Center Charter Commission; and
WHEREAS, it is highly appropriate that her service to the
community should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the dedicated public service of
Barbara Sexton is hereby recognized and appreciated by the City of
Brooklyn Center.
Date Mayor Pro tem
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being
taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date 3 -11 -91
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Resolution Providing for Public Hearing on Proposed Amendment to the City of Brooklyn Center's Year XVI Urban
Hennepin County Community Development Block Grant Program
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DEPT. APPRO7,L, -
/ /!�`�`l/ "�
Assistant EDA Coordinator
Signature - title
MANAGER'S REVIEW /RECOMMENDATION:
4 9:ia 7
No comments to supplement this report Commentsbelow /attached
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SUMMARY EXPLANATION: (supplemental sheets attached Yes )
• The Resolution included with this request would set a public hearing date to consider an amendment to the City's
Year XVI Community Development Block Grant (CDBG) Program. The proposed Amendment would reallocate
$57,000 from the rehabilitation of private property (Project 001) to an new activity scattered site redevelopment
(Project 914). A copy of the hearing notice is also included with this request.
The reallocation of the $57,000 would make available CDBG funds for the acquisition and demolition of the single -
family house located at 5538 Colfax Avenue North in Brooklyn Center. Consideration of the acquisition of this
property is part of this evening's EDA agenda.
J
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
AMENDMENT TO THE CITY OF BROOKLYN CENTER' S YEAR XVI URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Brooklyn Center, through execution
of a Joint Cooperation Agreement with Hennepin County, is a
cooperating unit in the Urban Hennepin County Community Development
Block Grant Program; and
WHEREAS, the Brooklyn Center City Council approved
Resolution 90 -101 which approved the following program for use of
Year XVI Community Development Block Grant Funds consistent with
program rules.
Home Rehabilitation Grants $194,595
Total Year XVI Program $194,595
WHEREAS, the City Council of the City of Brooklyn Center
desires to amend the Year XVI Urban Hennepin County Community
Development Block Grant Program by reallocating $57,000 from the
Rehabilitation of Private Property to Scattered Site Acquisition
and Redevelopment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota.
1. A Hearing shall be held on the 25th day of March,
1991, in the Brooklyn Center City Hall at 7:30 p.m.
to consider the proposed amendment to Brooklyn
Center's Year XVI Urban Hennepin County Community
Development Block Grant Program.
2. The City Clerk is directed to cause a Notice of the
Hearing on the proposed amendment to be published
once in the official newspaper at least 10 days
prior to the Hearing.
Date Mayor Pro tem
RESOLUTIONNO.
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.
NOTICE OF PUBLIC HEARING
AMENDMENT OF YEAR XVI STATEMENT OF PROJECTED
USE OF FUNDS FOR THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
Notice is hereby given that Hennepin County and the City of
Brooklyn Center will hold a public hearing on March 25, 1991, to
consider a proposed amendment to the Year XVI Statement of
Projected Use of Funds for the Urban Hennepin County Community
Development Block Grant Program, funded under Title I of the
Housing and Community Development Act of 1974 as amended.
The proposed amendment is the reprogramming of $57,000 from the
Rehabilitation of Private Property (Project 001) to Scattered Site
Redevelopment (Project 914).
Copies of the proposed Funding Request and the Urban Hennepin
County Citizen Participation Plan are available at City Hall for
review prior to the hearing.
The hearing is to be held on March 25 1991, at 7:30 p.m. in the
City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center,
Minnesota.
This public hearing is being held pursuant to a joint cooperation
agreement between Hennepin County and the City of Brooklyn Center
pursuant to MS 471.59.
CITY OF BROOKLYN CENTER Council Meeting Date 3/11
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT
PROJECT NO. 1990 -10
DEPT. APPROVAL:
SY KNAPP, DI CTOR OF PUBLIC WORKS �3
MANAGER'S REVIEW /RECOMMENDATION:
V
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
• Evergreen Land Services has negotiated purchase agreements with the property owners
at 3606 and 3720 69th Avenue North.
These agreements are based on appraised values of: Steve and Cindy Dockendorf, 3606
69th Avenue - $84,000 and Ken and Marilyn Holmes, 3720 69th Avenue - $88,000. These
offers are acceptable to the property owners, and they have signed the agreements.
The Holmes' intend to close in April, and the Dockendorf's in June. The City
Attorney is working with Evergreen and Public Works staff to review and finalize all
details.
Previous Council Action
The Council on May 7, 1990 approved a resolution which provided for the negotiated
purchase of real property for project 1990 -10. This resolution authorized the City
Manager to negotiate with the owners of the properties to be acquired for this
project, and directed him to offer to the owners the amount determined by appraisal
and review appraisal. Such purchase agreements are subject to approval and
ratification by the City Council.
City Council Recommendation
As all parties agree to the sale of the properties for their appraised value, a
resolution is provided that approves and ratifies the purchase agreements. With
these agreements, the City has reached agreements with 19 of the 23 residential
property owners.
1a l-
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE
RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10
WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City
Council ordered the reconstruction of 69th Avenue between Noble Avenue North
and Shingle Creek Parkway, Improvement No. 1990 -10; and
WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City
Council approved a right -of -way plan depicting properties to be acquired for
the project; and
WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City
Council authorized the City Manager to negotiate the purchase of these
properties, and directed the City Manager to offer to the property owners the
amount determined by appraisal and review appraisal; and
WHEREAS, the owners of the property at 3512 69th Avenue have accepted
the City Manager's offer of the appraised value, and have executed a purchase
agreement to that effect; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The terms of the purchase agreement is hereby approved.
2. The City Manager is directed to proceed with the purchase of the
property at 3512 69th Avenue North.
3. The City Manager and Mayor are authorized to execute the purchase
agreements.
Date Mayor Pro tem
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 COMMENDING VARIOUS CITY DEPARTMENTS FOR
OUTSTANDING ACHIEVEMENTS
WHEREAS, on February 25, 1991, the City of Brooklyn Center
was presented a "Pedestrian Safety Citation" by the American
Automobile Association; and
WHEREAS, Brooklyn Center was one of 440 winners among
2,454 participants for this award; and
WHEREAS, the Economic Development Authority has recently
received an award from the Consulting Engineers Council for the
restoration of the Earle Brown Farm; and
WHEREAS, the City has also received an award recently from
the Minnesota Horticultural Society in recognition of outstanding
park planting and flower gardens; and
WHEREAS, the City also thanks and recognizes the Brooklyn
Center Lions and Rotary Club for their annual donations for the
Civic Center flower gardens; and
WHEREAS, considerable thought and effort went into the
budget reductions proposed by the following departments:
Administration, Assessing, Engineering, Finance, Fire, Park &
Recreation, Planning & Inspection, Police and Public Works.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the high level of commitment and
thoroughness demonstrated by all departments within the City is
greatly appreciated and is duly recognized.
Date Mayor Pro tem
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 TO THE MINNESOTA STATE LEGISLATURE OPPOSING
THE CAPPING OF THE FISCAL DISPARITIES POOL AT 1991 LEVELS
WHEREAS, the Minneapolis -St. Paul metropolitan area has
since 1971 provided for the sharing of commercial and industrial
property tax revenue; and
WHEREAS, this program has served to reduce fiscal
inequalities among the cities of the metropolitan area; and
WHEREAS, curtailment of fiscal disparities distribution
would worsen the inequities created by the withdrawal of state aid
to municipalities; and
WHEREAS, the City of Brooklyn Center recognizes the value
of metropolitan area cooperation and wishes to cooperate with other
communities of the Minneapolis -St. Paul metropolitan area; and
WHEREAS, the City of Brooklyn Center recognizes the
contribution of fiscal disparities toward the preservation of
quality governmental services among the jurisdictions in the
Minneapolis -St. Paul metropolitan areas.
NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn
Center and its City Council formally oppose the capping of the
fiscal disparities pool at 1991 levels as proposed by Hennepin
County, Minnesota, and do hereby request that the Legislature of
the State of Minnesota do likewise.
Date Mayor Pro tem
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being
taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date 3 -11 -91
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF TWO (2) 3/4 TON PICKUP TRUCKS
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Deputy Depuly Cily Clerk
Signature -title
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached )
Bids were taken on Tuesday, March 5, 1991, for two (2) 3/4 ton pickup trucks. An
appropriation was approved in the 1991 Street Maintenance budget for these trucks. The
appropriation was $12,500 for each truck. The low bid was $12,368 for each truck from Boyer
Ford.
• I recommend approval of the attached resolution.
•
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF
TWO (2) 3/4 TON PICKUP TRUCKS
WHEREAS, an appropriation was approved in the 1991 budget
for the purchase of two (2) 3/4 ton pickup trucks; and
WHEREAS, three bids were received as follows:
Company Bid
Boyer Ford $12,368.00 ea.
Northside GMC $14,013.50 ea.
Iten Chevrolet $14,250.00 ea.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the purchase of two (2) 3/4 ton pickup
trucks from Boyer Ford, in the amount of $24,736 is hereby
approved.
Date Mayor Pro tem
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date 3 -11 -91
Agenda kern Number , 1
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) 33,000 GVW CAB /CHASSIS
WITH BOX AND HYDRAULICS
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Depujy Ci1y Clerk
Signature - tle
MANAGER'S REVIEW /RECOMMENDATION
No comments to supplement this report Comments below /attached
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached )
Bids were taken on Tuesday, March 5, 1991, for one 33,000 GVW cab /chassis with box and
hydraulics. An appropriation was approved in the 1991 Street Maintenance budget for this
equipment. The appropriation was $40,500. The low bid is $29,846 from Boyer Ford for the
truck and $7,176 from Crysteel for the box and hydraulics.
. I recommend approval of the attached resolution.
•
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF
ONE (1) 33,000 GVW CAB /CHASSIS WITH BOX AND HYDRAULICS
WHEREAS, an appropriation was approved in the 1991 budget
for the purchase of one (1) 33,000 GVW cab /chassis with box and
hydraulics; and
WHEREAS, four bids were received as follows for the
cab /chassis:
Company Bid
Boyer Ford $29,846.00
Lakeland Ford $31,142.00
Northstar International $31,151.02
Northside GMC $31,796.00
WHEREAS, three quotations were received as follows for
the box and hydraulics:
Company Bid
Crysteel $ 7,176.00
MacQueen Equipment $ 7,216.00
J -Craft $ 7,517.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the purchase of one (1) 33,000 GVW
cab /chassis from Boyer Ford in the amount of $29,846 is hereby
approved.
BE IT FURTHER RESOLVED that the purchase of the box and
hydraulics from Crysteel in the amount of $7,176 is also approved.
Date Mayor Pro tem
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date - 3 -11 -91
Agenda Item Number / K
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) HEAVY DUTY TRACTOR
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Deputy Cijy Clerk
Signature - tle
MANAGERS REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached ).
Bids were taken on Tuesday, March 5, 1991, for one heavy duty tractor. An appropriation
was approved in the 1991 Parks Maintenance budget for this equipment. The appropriation
was $24,500. The low bid is $13,270 from Midwest Machinery. When the appropriation was
originally requested the Parks Maintenance department asked a dealer for an estimate on this
piece of equipment. It appears the dealer submitted an estimate on a much larger piece of
• equipment, therefore the large difference between the appropriation and the bid amount.
I recommend approval of the attached resolution.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF
ONE (1) HEAVY DUTY TRACTOR
WHEREAS, an appropriation was approved in the 1991 budget
for the purchase of one (1) heavy duty tractor, and
WHEREAS, three bids were received as follows:
Company Bid
Midwest Machinery $13,270.00
Scharber & Sons $13,275.36
Long Lake Ford $13,584..00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the purchase of one (1) heavy duty
tractor from Midwest Machinery, in the amount of $13,270 is hereby
approved.
Date Mayor Pro tem
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date 3 -11 -91
Agenda Item Number a L,
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) 4 WHEEL DRIVE PICKUP TRUCK
DEPT. APPROVAL:
P Pn - De u City Clerk
Signature 6 Aitle
MANAGER'S REVIEW /RECOMMENDATION: �)
No comments to supplement this report Comments below /attached
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached )
Bids were taken on Tuesday, March 5, 1991, for one 4 wheel drive pick truck. An
appropriation was approved in the 1991 Parks Maintenance budget for this equipment. The
appropriation was $16,600. The low bid is $15,486 from Boyer Ford.
I recommend approval of the attached resolution.
•
I
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF
ONE (1) 4 -WHEEL DRIVE PICKUP TRUCK
WHEREAS, an appropriation was approved in the 1991 budget
for the purchase of one (1) 4 -wheel drive pickup truck; and
WHEREAS, three bids were received as follows:
Company BID
Boyer Ford $15,486.00
Iten Chevrolet $17,096.61
Northside GMC $17,652.,65
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the purchase of one (1) 4 -wheel drive
pickup truck from Boyer Ford, in the amount of $15,486 is hereby
approved.
Date Mayor Pro tem
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member IF and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER council Meeting Date 3 -11
Agenda hem Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) MOBILE CONCESSION TRAILER
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
. P P:�--�4 De u Cijy Clerk
Signature - die
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached )
Bids were taken on Tuesday, March 5, 1991, for one mobile concession trailer. An
appropriation was approved in the 1991 Recreation and Parks Administration budget for this
equipment. The appropriation was $16,000. The low bid is $15,527 from Supreme Products.
When the specifications were prepared for this item fresh water and waste water tanks were
• inadvertently omitted. Supreme Products did note the cost of these tanks would be an
additional $300.
I recommend approval of the attached resolution.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF
ONE (1) MOBILE CONCESSION TRAILER
WHEREAS, an appropriation of $16,000 was approved in the
1991 budget for the purchase of one (1) mobile concession trailer;
and
WHEREAS, two bids were received as follows:
Company Bid
Supreme Products $15,527.00
Waymatic $16,347.00
WHEREAS, it is also necessary to purchase fresh water and
waste water holding tanks for the concession trailer; and
WHEREAS, the cost of these items is an additional $300;
and
WHEREAS, the total cost of the bid unit from Superior
Products and the additional tanks is $15,827.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the purchase of one mobile concession
trailer, a fresh water tank and a waste water tank from Superior
Products, in the amount of $15,827 is hereby approved.
Date Mayor Pro tem
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 AUTHORIZING THE PUBLIC UTILITIES FUND TO PURCHASE A
LEASED VEHICLE FOR THE CITY MANAGER'S US
WHEREAS, the City Manager currently receives a mileage allowance
for the use of his personal auto for business functions; and
WHEREAS, in the past the City has purchased a vehicle for the City
Manager's use; and
WHEREAS, the City Council has determined that it would be
advantageous to the City to again purchase a vehicle; and
WHEREAS, quotations were received from five leasing companies for a
compact car for the City Manager's use as follows:
Company Quote
CV Fleet $7,900
Walser Chrysler Plymouth $7,990
Brookdale Chrysler Plymouth $8,088
Auto Net Leasing $8,350
North Star Dodge $8,500
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the purchase of a 1990 leased vehicle from CV Fleet in
the amount of $7,900 is hereby approved.
BE IT FURTHER RESOLVED the cost of this vehicle will funded by the
Public Utilities Fund account YJ72 -4553- 000 -00.
Date Mayor Pro tem
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.
Licenses to be approved by the City Council on March 11, 1991
AMUSEMENT DEVICE- OPERATOR % 1
American Amusement Arcades 850 Decatur Avenue N. ( !
t
Holiday Inn 2200 Freeway Blvd.
- - - Chief of Police
FOOD ESTABLISHMENT
Arby's 1971 1341 Brookdale Center
Baskin Robbins - 31 Flavors 1277 Brookdale Center
Brookdale Assembly of God 6030 Xerxes Avenue N.
Brookdale Assembly of God Daycare 6030 Xerxes Avenue N.
Brookdale Cinema 5801 John Martin Drive
Brookdale Covenant Church 5139 Brooklyn Blvd.
Brookdale Unocal 5710 Xerxes Avenue N.
Brooklyn Center American Little League 7709 Colfax Avenue N.
Iten Field 60th & Xerxes
Brooklyn Center Athletic Boosters 5620 Humboldt Avenue N.
Brooklyn Center Church of the Nazarene 501 - 73rd Avenue N.
Brooklyn Center Community Center 6301 Shingle Crk. Pky.
Brooklyn Center High School 6500 Humboldt Avenue N.
Brooklyn Center National Little League 5312 North Lilac Drive
Centerbrook Golf Course 5500 North Lilac Drive
Community Emergency Assistance Program 7231 Brooklyn Blvd.
Country Club Market 5715 Morgan Avenue N.
Cross of Glory Lutheran Church 5929 Brooklyn Blvd.
Davanni's 5937 Summit Drive
Day's Inn 1501 Freeway Blvd.
Earle Brown Bowl 6440 James Circle
Earle Brown Elementary School 5900 Humboldt Avenue N.
Econo Lodge 6445 James Circle
Evergreen Park Elementary School 7020 Dupont Avenue N.
Fanny Farmer Candy Shops 1236 Brookdale Center
Glico Harmony Foods Corporation 719 Swift Street
Sears 1297 Brookdale Center
Hickory Farms Brookdale Mall
Independent School District No. 279 7020 Perry Avenue N.
Inn On The Farm 6155 Earle Brown Dr.
Jerry's Newmarket 5801 Xerxes Avenue N.
Lutheran Church of the Master 1200 69th Avenue N.
Northport Elementary School 5421 Brooklyn Blvd.
Pizza Hut, Inc. 6000 Shingle Crk. Pky.
Pizza Hut, Inc. 5806 Xerxes Avenue N.
Red Lobster Restaurant 7235 Brooklyn Blvd.
St. Alphonsus Church 7025 Halifax Avenue N.
Subway 1345 Brookdale Mall
Superamerica Service Stations J/58 1901 57th Avenue N.
Superamerica Service Stations 114160 6545 West River Road
Taco Bell 1150 Brookdale Center
Taco Bell #3378 5532 Brooklyn Blvd.
Willow Lane PTA 7020 Perry Avenue N. _
Willow Lane School 7020 Perry Avenue N.
Sanitarian /
NONPERISHABLE VENDING MACHINES
A & J Enterprises 6843 Washington A. S.
Hoffman Engineering 6530 James Avenue N.
J. C. Penney 1265 Brookdale Center
Principal Financial 6160 Shingle Crk. Pky.
Ryan Management 6160 & 6200 Shingle Crk. Pky.
Bob Ryan Oldsmobile 6700 Brooklyn Blvd.
Maranatha Conservative Baptist Home 5401 69th Avenue N.
Sanitarian C'
PERISHABLE VENDING MACHINES
A & J Enterprises 6843 Washington A. S.
Hoffman Engineering 6530 James Avenue N.
J. C. Penney 1265 Brookdale Center
Ryan Management 6160 & 6200 Shingle Crk. Pky.
Bob Ryan Oldsmobile 6700 Brooklyn Blvd.
Jimmy Jingle 1304 East Lake Street
Builders Square 3600 63rd Avenue N.
Fingerhut Telemarketing 6860 Shingle Crk. Pky.
Palmer Lake Plaza 6860 Shingle Crk. Pky.
TCR Corporation 1600 - 67th Avenue N.
North Star Dodge 6800 Brooklyn Blvd.
Maranatha Conservative Baptist Home 5401 69th Avenue N. ?���
Sanitarian
J
SPECIAL FOOD HANDLING ESTABLISHMENT
Children's Palace #81 5900 Shingle Crk. Pky.
Mr. Movies 1964 57th Avenue N.
Sanitarian
v
SWIMMING POOLS
Brooklyn Center Community Center 6301 Shingle Crk. Pky.
Sanitarian
GENERAL APPROVAL:
P. Page, Deputy Clerk
i