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Home My WebLink About1989 03-13 CCP Regular Session1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 13, 1989 7 p.m. 5. Approval of 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. 6. Presentation: a. Charter Commission - Retiring Member 1. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Marie Castle 7. Approval of Minutes: a. February 27, 1989 - Regular Session 8. Performance Bond Reduction: a. Brooklyn Crossing Office Park 9. Resolutions: *a. Establishing the 1989 Tree Removal Program, Approving Plans and Specifications, and Directing Advertisement for Bids, Improvement Project 1989 -03, Contract 1989 -B b. Amending Fee Schedules Relating to 1989 Tree Removal Program *c. Establishing Project No. 1989 -04, Installation of Radiant Heating System for City Garage, and Approving Contract for Engineering Services Relating Thereto - Appropriation included in 1989 budget for Department #19. d. Approving Plans and Specifications for the Improvement of CSAH 10, Hennepin County Project No. 8716, Brooklyn Center Improvement Project No. 1987 -23 -This project provides for the improvement of the intersection of CSAH 10 with Shingle Creek Parkway, including bridge deck widening and replacement, geometric improvements which include the construction of double left -turn lanes for eastbound and westbound traffic, and the installation of a new traffic control signal system. CITY COUNCIL AGENDA e. Approving Agreement No. PW 09 -02 -89 with Hennepin County, Providing for City Participation in the Costs of Hennepin County Project No. 8716, Brooklyn Center Improvement Project No. 1987 -23 - This agreement provides for City participation in the costs of the proposed improvement and in future operation and maintenance costs. *f. Relating to a Certain Lost Bond: Authorizing the Issuance of a Duplicate - Brookdale III Limited Partnership Project Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Tow Type Auger Paver - An appropriation was approved in Department #42, Budget (Tailgate Paver). *h. Authorizing the Mayor and City Manager to Enter into an Agreement with Hennepin County Allowing the Police Department Access to Computerized County Court Data Files *g. -2- March 13, 1989 *i. Declaring Surplus Property - This will allow staff to advertise certain pieces of computer equipment for sale. 10. Ordinance: (7:30 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Major Thoroughfare Setbacks - This item was first read on February 13, 1989, published in the City's official newspaper on February 23, 1989, and is offered this evening for a second reading. 11. Discussion Items: a. Legislative Update b. Storage of Commercial and Recreational Vehicle in Residential Areas c. Joslyn Site Cleanup Process Update d. Establishing Collection Districts for Refuse and Recycling Materials *12. License to Utilize Explosives for the Howe Company *13. Licenses 14. Adjournment SPECIAL NOTE: A temporary new sound system will be installed for use on a demonstration basis at the March 13, 1989, Council meeting. This is intended as a trial use prior to developing final specifications for installation of a permanent new system (appropriation is included in 1989 budget for Department #19) . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARIE CASTLE WHEREAS, Marie Castle served on the Brooklyn Center Charter Commission from February 14, 1985, to February 15, 1989; and WHEREAS, Marie Castle 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 Marie Castle is hereby recognized and appreciated by the City of Brooklyn Center. ATTEST: Date Mayor 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. • • • 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 27, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Celia Scott at 7:02 p.m. ROLL CALL Mayor Pro tem Celia Scott, Councilmembers Todd Paulson and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. Mayor Pro tem Scott noted that Mayor Nyquist is out of town this evening, and Councilmember Lhotka is ill. INVOCATION The invocation was offered by Mayor Pro tem Scott. OPEN FORUM Mayor Pro tem Scott recognized Jim Nicholie, a representative from the Greater Minneapolis Day Care Association. He stated he was present this evening to discuss the sliding fee subsidy programs which could be offered by the City. He explained the subsidy program is utilized by persons attending college who need help paying for day care. He noted they must meet certain income requirements. He noted he was contacted by a Brooklyn Center resident who would like to be able to participate in this program. Mayor Pro tem Scott then recognized Ms. Leann Larson who stated she has been a long -time resident of the City but fears she may be forced to move to another community that does participate in the subsidy program. A brief discussion then ensued relative to how other communities are handling the situation and where the funding is coming from. The City Manager stated he would send the necessary forms to Mr. Nicholie for his agency to request an appropriation for the 1990 budget. CONSENT AGENDA Mayor Pro tem Scott inquired if any Councilmembers requested any item removed from the consent agenda. Councilmember Pedlar requested item 8f be removed. MAYORAL APPOINTMENTS There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to appoint Bud Sorenson as the chairperson of the Park and Recreation Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -31 Member Todd Paulson introduced the following resolution and moved its adoption: 2/13/89 -1- RESOLUTION AMENDING ARTICLE III, PARTIES; SECTION I OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -32 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) TURF SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -33 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 89 -34 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROPRIATION FROM CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO.89 -35 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) FIVE REEL GANG MOWER FOR THE GOLF COURSE 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 Paulson and seconded by Councilmember Pedlar to approve the following list of licenses: BULK VENDOR K -Mart CIGARETTE Boulevard Superette Duke's Standard Five Star Vending Hiawatha Rubber Co. Mikros Engineering 2/13/89 -2- 5930 Earle Brown Drive 6912 Brooklyn Blvd. 6501 Humboldt Ave. N. 15034 Fillmore St. NE 1700 67th Ave. N. 3715 50th Ave. N. • • • The Pipeseller Shop FOOD ESTABLISHMENT Centerbrook Golf Course GASOLINE SERVICE STATION Duke's Standard ITINERANT FOOD ESTABLISHMENT Knights of Columbus MECHANICAL SYSTEMS Custom Mechanical, Inc. Environ -Con, Inc. Minndak Mechanical Riccar Heating NONPERISHABLE VENDING MACHINES J. R. Vending Brooklyn Law Office Royal Business Forms K -Mart Maranatha Conservative Baptist Home Minnesota Vikings Food Service, Inc. Hennepin Co. Service Center Hiway 100 N. France Health Club Silent Knight Security Systems State Farm Insurance NSI /Griswold Corporation Brookdale Pontiac Lynbrook Bowl Travelers North Don Waletzko Humboldt Square Cleaners PERISHABLE VENDING MACHINES Five Star Vending Hiawatha Rubber Co. Mikros Engineering Maranatha Conservative Baptist Home Minnesota Vikings Food Service, Inc. Hiway 100 N. France Health Club Schmitt Music State Farm Insurance NSI /Griswold Corporation Travelers North RENTAL DWELLINGS Initial: RFCI 2/13/89 - 3 - 1301 Brookdale Center 5500 N. Lilac Drive 6501 Humboldt Ave. N. 7025 Halifax Ave. N. 5973 3rd St. NE 500 Apollo Ave. NE 14918 200th Ave. NW 2387 136th Ave. NW 5312 5637 6840 5930 5401 5200 6125 4001 1700 5930 8300 6801 6357 6601 8751 6824 Perry Ave. N. Brooklyn Blvd. Shingle Creek Pkwy. Earle Brown Drive 69th Ave. N. West 74th Street Shingle Creek Pkwy. Lakebreeze Ave. N. Freeway Blvd. Shingle Creek Pkwy. 10th Ave. N. Brooklyn Blvd N. Lilac Drive Shingle Creek Pkwy. Dallas Lane Humboldt Ave. N. 15034 Fillmore St. NE 1700 67th Ave. N. 3715 50th Ave. N. 5401 69th Ave. N. 5200 West 74th Street 4001 Lakebreeze Ave. N. 2600 Freeway Blvd. 5930 Shingle Creek Pkwy. 8300 10th Ave. N. 6601 Shingle Creek Pkwy. 5805 Shores Drive Renewal: L. A. Beisner Kenneth & Jeanette Solie Invespro II Limited Partnership Eugene J. Sullivan Jerry & Karen Fobbe Edward C. Sass Howard & Harriet Oien Leo J. Vogel Ruth Kalanquin Curtis H. Cady SIGN HANGER Signart Company, Inc. SPECIAL FOOD HANDLING ESTABLISHMENT Children's Palace M & S Drug Emporium Total Petroleum, Inc. TAXICAB Airport Cab Suburban Taxi Corporation Town Taxi Yellow Taxi Service Corporation 2/13/89 - 4 - Earle Brown Commons Evergreen Park Manor The Village at River West 5401 Brooklyn Blvd. 4811 Lakeview Ave. N. 5101, 03 Xerxes Ave. N. 3606 58th Ave. N. 2841 67th Lane 5348 70th Circle 1312 72nd Ave. N. 2535 Pilot Knob Road 5900 Shingle Creek Pkwy. 5900 Shingle Creek Pkwy. 6830 Brooklyn Blvd. 3010 Minnehaha Ave. S. 9614 Humboldt Ave. S. 2812 University Ave. SE 3555 5th Ave. S. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 13. 1989 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve the minutes of the February 13, 1989, City Council meeting. The motion passed. Mayor Pro tem Scott abstained from the vote as she was not present at this meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget. He noted this item will allow for the purchase of an identification card machine to be used by the police department. Councilmember Pedlar stated he is aware the I.D. program has been discussed for a number of years, and he inquired if the fire department would be involved in the I.D. process. The City Manager stated all City employees will be involved in the I.D. process. He noted this is a self- contained unit which will handle the entire process very quickly. RESOLUTION NO. 89 -36 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. • • PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 89005 SUBMITTED BY BORDER STATES FOODS REOUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A HARDEES RESTAURANT AT THE PROPOSED INTERSECTION OF FREEWAY BOULEVARD AND JAMES CIRCLE (EAST LEG) The City Manager noted this item was recommended for approval by the Planning Commission at its February 16, 1989, Planning Commission meeting. The Director of Planning and Inspection referred the Mayor Pro tem and Councilmembers to pages one through three of the February 16, 1989, Planning Commission minutes and information sheet. He briefly reviewed the site plan and the proposed location of the restaurant. He explained the Planning Commission recommended 16 conditions and went on to review them for the Council. Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89005 and inquired if there was anyone present who wished to address the Council. Mayor Pro tem Scott recognized Ron Ohe, a representative of Border States Foods. Mayor Pro tem Scott inquired when construction would begin. Mr. Ohe stated that he hoped to begin construction as early in the spring as possible with an opening date of June 1, 1989. A discussion then ensued relative to the proposed hours for the restaurant, and Councilmember Pedlar asked if any other Hardees' locations are 24 hour operations. Mr. Ohe stated it depends upon the location of the restaurant. He noted this restaurant is very close to the freeway and industrial businesses which could support a 24 hour operation. Councilmember Pedlar stated he is concerned with placing a food establishment between two liquor establishments because of the problems occurring between 1 a.m. and 2 a.m. He inquired if Chief Lindsay has reviewed the situation. The City Manager stated he is unsure whether Chief Lindsay has reviewed this application but noted there has never been problems in the past. He pointed out one of the liquor establishments has a 24 hour food establishment within the same building. He noted in most cases if there were a problem with the restaurant, the owner or manager would request to change the hours of operation to avoid these types of problems. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 89005. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve Planning Commission Application No. 89005 submitted by Border States Foods subject to the following conditions: 1. The special use permit is issued for the construction and operation of a convenience food restaurant with a drive -up window. No other uses are comprehended. 2/13/89 -5- 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building ID Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 10. B612 curb and gutter shall be provided around all parking and driving areas. 11. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 12. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 13. Site lighting shall conform with the requirements of Section 35 -712 of the Zoning Ordinance. Pursuant to this end, the plans shall be revised, prior to issuance of building permits to eliminate the tilt of the north and south lamps on all four light poles on the site. 14. One on -site hydrant shall be required in a location to be approved by the Fire Chief. 15. The landscape plan shall be revised, prior to consideration by the City Council to indicate berming in the green strips adjacent to Freeway Boulevard and James Circle to provide parking lot screening. The landscape plan shall be further revised, prior to the issuance of permits, to indicate additional plantings as requested by the Planning Commission and City Council in keeping with community standards. 2/13/89 -6- • • • 16. Building permits shall not be issued for the project until the plat comprehended under Planning Commission Application No. 88024 has been given final approval by the City Council and filed with Hennepin County. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Vacating Part of 66th Avenue North between West River Road and Willow Lane. was first read on January 23, 1989, published in the City' on February 2, 1989, and is offered this evening for a briefly reviewed the proposed site for the City Council. the Right -of -Way of He noted this item s official newspaper second reading. He Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane and inquired if there was anyone present who wished to speak. Mr. Howard Atkins stated he is the owner of the property and noted he wishes to develop two acres of property abutting the strip of land. He noted by vacating this part of the right -of -way it would make the development plan more workable. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane. The motion passed unanimously. ORDINANCE 89 -07 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF THE RIGHT -OF -WAY OF 66TH AVENUE NORTH BETWEEN WEST RIVER ROAD AND WILLOW LANE The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 89007 SUBMITTED BY MARANATHA PLACE REOUESTING VARIANCE APPROVAL TO PLACE IDENTIFICATION SIGNERY FOR MARANATHA PLACE APARTMENTS ON A RETAINING WALL ON THE MARANATHA CARE CENTER PROPERTY TO THE EAST The City Manager noted this item was recommended for approval by the Planning Commission at its February 16, 1989, meeting. The Director of Planning and Inspection referred the Mayor Pro tem and Councilmembers to pages five and six of the February 16, 1989, Planning Commission minutes and information sheet. He briefly reviewed the application and the six conditions recommended for approval by the Planning Commission. Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89007. She then recognized Mr. Dave Veland, administrator of the Maranatha Care Center. Mr. Veland briefly reviewed the site, plantings, and lighting for the proposed sign. 2/13/89 -7- There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 89007. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve Planning Commission Application No. 89007 submitted by Maranatha Place subject to the following conditions: 1. Unified signery for the care center /apartment complex is appropriate and even desirable. Applying the ordinance literally would prevent such unified signery and would work a hardship on the applicant. 2. The continuum of services offered in the complex and the attachment of the buildings across zoning as well as property lines are unique conditions which are not common generally in either the R6 or R1 zoning districts. 3. The proposed signery is aesthetically attractive and will have no greater impact than two separate sign monuments. There should, therefore, be no detrimental effect on the public welfare, nor injury to other property in the neighborhood. 4. The proposed retaining wall serves a function in addition to providing a wall on which to place signery. Sign area, therefore, need not be computed as the total face of the retaining wall, but only that area covered by the proposed signery. 5. Variance approval acknowledges one 28 sq. ft. freestanding sign as proposed on the Maranatha Care Center property. No other identification signery for Maranatha Place is acknowledged by this variance approval. 6. The existing identification sign for the care center shall be removed prior to issuance of the sign permits for the proposed signs. The motion passed unanimously. DISCUSSION ITEMS ECONOMIC DEVELOPMENT CONSORTIUM The City Manager explained the City of Brooklyn Center has been requested to join the Hennepin County Economic Development Consortium. He explained the Chamber of Commerce has indicated some interest in this group. However, it is felt the Northern Mayor's Association and Tourism Bureau are basically handling the same activities which the Economic Development Consortium proposes to handle. He added the Chamber of Commerce and staff have some concerns with buying into the total package of the Economic Development Consortium. Mayor Pro tem Scott stated she would like more information on the Economic Development Consortium, and also she believes staff should inform the Economic Development Consortium of what is in place in Brooklyn Center and already working so there is no duplication of efforts. The City Manager stated he would feel better in 2/13/89 -8- 41) • • • funding the Northern Mayor's Association and generally keeping in touch with the Economic Development Consortium. RECESS The Brooklyn Center City Council recessed at 8 :15 p.m. and reconvened at 8:34 p.m. DISCUSSION ITEMS (CONTINUED) TWIN LAKE /PRESERVE PARK STUDY The City Manager explained in 1988 the City Council authorized a preliminary use study for the park lands in the area of the Kylawn Preserve and upper, middle, and lower Twin Lakes area. He stated the Park and Recreation Commission reviewed the first draft of this study at its February meeting and is in the process of evaluating the various alternatives listed in the preliminary report. The City Manager stated the Joslyn site has been included in the study, and staff feels some consideration should be given to the City's possible interest in acquiring some or all of this land. He went on to review the entire plan and the findings of Westwood Professional Services. He noted the plan offers the opportunity for a good trail system for this portion of the City. Mayor Pro tem Scott stated she felt it was important to work with the surrounding communities so the trails could all link together. BROOKLYN CENTER SURVEY OUESTIONNAIRE The City Manager stated the proposed Brooklyn Center residential questionnaire has 87 questions on it. He stated staff is requesting the Council to eliminate at least 5 questions from the questionnaire. He noted staff has suggested removal of question Nos. 95, 96, 97, and 98 which relate to traffic congestion and question Nos. 77, 78, and 79 which relate to redevelopment and the use of redevelopment incentives. Councilmember Pedlar stated he feels there are too many questions on this questionnaire. He inquired how the results of the questionnaire will impact the strategic planning process and whether some of the issues will be addressed in the planning process. The City Manager reminded the Council this questionnaire is not the only source of information for these issues. Councilmember Pedlar stated he did not see the significance of about 50% of the questions. He added he felt there were other issues which should be looked at more closely in the questionnaire. Councilmember Paulson stated he also felt there were a few issues that should be added to the questionnaire. The City Manager stated if Councilmember Paulson and Councilmember Pedlar would send him a list of the new questions and /or issues which they feel should be included in the questionnaire, he would bring the entire questionnaire back for further review at a later date. There was a general consensus among Councilmembers to eliminate question Nos. 77, 78, 79, 95, 96, 97, and 98. 2/13/89 -9- ADJOURNMENT There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:54 p.m. 2/13/89 City Clerk Mayor Pro tem -10- • • • CITY OF BROOKLYN CENTER Council Meeting Date 3-13-89 Agenda Item Number yLZ REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Bond Reduction - Brooklyn Crossing Office Park DEPARTMENT PROVAL: a...... 0 . C Signature - title Director of Planning an. ec ion *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *; ii� * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: , / , No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The following performance guarantee is recommended for reduction: Brooklyn Crossing Office Park 3200 -3280 County Road 10 Planning Commission Application No. 86027 Amount of Guarantee - $68,000 bond Obligor - Brookdale Office Park Partnership This development is to have five, small, one - storey office buildings. Two are built and space is not leasing very fast, so the remaining three buildings are on hold. Driveways are in and three parking lots are in. Landscaping is also partially complete. The City Engineeer has estimated that there is approximately $29,000 of site improvements remaining. Such an amount would more than cover the possibility of seeding undeveloped areas and completing any curb work. The obligor has asked for a reduction to cover remaining improvements. Recommend reduction to no less than $30,000 until project is substantially complete. Gary Shallcross Planner • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ESTABLISHING THE 1989 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -03, CONTRACT 1989 -B *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Recommendation CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number 9a, REQUEST FOR COUNCIL CONSIDERATION * * * * * * * * * * * * ***** * ** * ** OR ** ** P *B * * * * * WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report K *p' ** * * * * * * * * * * * * * * * * * * * * * * * * * ** Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Annually, the City of Brooklyn Center establishes a Shade Tree Removal Project. This project is established in order to expedite the removal of diseased shade trees and other nuisance trees as designated by the City. The administration of the tree removal program was automated in 1986. Although the 1986 program ran fairly smooth as a result, it was decided that further modifications were needed to speed up the removal of trees with non - responding owners. That "fast track" system was initiated in 1987 and used again in 1988 with great results. We will continue to use the "fast track" system again this year. Another feature added to the program in 1987, but not used as yet, was the availability of a second contractor. The specifications will, again this year, allow the City to assign work to a secondary contractor, if the primary contractor fails to perform satisfactorily or if the total volume of trees is more than he is able to handle. I have attached a summary of the shade tree removal work from 1974 to 1988. It is recommended the Council adopt the attached resolution establishing the project, approving plans and specifications and directing advertisement for bids. Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION ESTABLISHING THE 1989 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -03, CONTRACT 1989 -B BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center Minnesota, that: 1. The following project is hereby established: TREE REMOVAL IMPROVEMENT PROJECT NO. 1989 -03 2 The specifications for Contract 1989 -B for said improvement project are approved and ordered filed with the City Clerk. 3 The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 4. The accounting for the project shall be in the Tree Removal Fund. Date Mayor 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. 9� 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 Elms Marked and Removed 34 47 267 614 712 487 178 583 389 288 517 574 389 272 401 Oaks Marked and Removed 4 0 0 3 0 0 0 0 0 0 0 0 0 0 5 Other Trees Marked and Removed 73 TOTAL 38 47 267 617 712 487 178 583 389 288 517 574 389 272 479 1988 DISEASED TREE REMOVAL SUMMARY by Contractor 115 111 92 4 322 Year Trees by State Crews 3 5 0 0 8 1977 90 1978 90 by Property Owner 13 140 0 4 157 1979 90 ---- 1980 75 111 nr4 n1 n r „ -r 1 r,n1 Tr Boulevard Stumps Marked and (No records kept) 102 6 3 1 18 27 16 15 12 17 8 Removed Private Stumps Marked and (No records kept) 68 19 13 14 11 2 4 18 0 1 0 Removed or Debarked TOTAL TREES /STUMPS MARKED 38 47 267 617 882 512 194 598 418 317 537 607 401 290 487 Number of Brush /Log Piles (No records kept) 128 44 58 47 41 45 25 39 21 5 8 Noted and Removed Boulevard Private Park Stumps TREES /STUMPS REMOVED IN 1988 Trees Trees Trees Only Total Reforestation projects were done in 1977 -1981 with totals as follows: • • DEPT. APPROVAL: Existine Fee Schedule CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number `7 6 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SY KNAPPVDIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: �..°�•; No comments to supplement this report t 4e*?r ** *3** * * * * * * * * * * * * ** Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Explanation Costs for administration of the City's tree removal program are recovered by adding 3 administrative fees to the actual costs for tree removals. These fees are as follows: Administrative Fee - This fee is intended to cover costs involved in the inspection of trees, administrative costs involved in the notification of property owners, development and enforcement of the tree removal contract, follow -up inspections, etc. - all as necessary to assure that diseased trees are removed properly. Special Assessment - This fee is intended to cover the costs for developing the Fee special assessment roll, notification of owners, publication of the assessment roll, and all costs relating to adoption, certification, collection, and monitoring of the special assessments. Capitalized - This charge is intended to cover the cost of "capitalized Interest Charge interest" which occurs between the date that a tree is removed and the date that the special assessment roll is adopted. The existing fee schedule, as adopted in 1988 is as follows: • • Costs Administrative Fee: for trees or stumps on private property = $40.00 /tree for trees or stumps on boulevard = $20.00 /tree Special Assessment Service Charge: $25 per parcel on which a special assessment in levied Capitalized Interest Charge: $10 /tree (when special assessments are levied) During 1988 the recorded direct payroll costs for administration of the program were as follows: Labor = $8748 Insurance (contract insurance costs, which are paid for as "mobilization costs" under the contract, and are not included in contract costs per tree) = $3000 Since approximately 500 trees removed under the contract in 1988, the direct adminis- trative costs were: 11.748 It must be noted, however, that these costs do not include employee benefits, general administrative costs, costs for furnishing equipment (vehicles for the inspector, office equipment, etc. for Engineering personnel, office costs, etc. If those costs were all to be added, an "overhead factor" of at least 2.0 should be applied to labor costs, resulting in the following analysis: Labor Costs Insurance Cost = 3.000 Cost per tree = 20.496 500 Total $11,748 500 = 8748 x 2.0 — $17,496 Total Costs $20,496 — $40.99 _ $23.50 /tree Accordingly, the existing fee schedule is very nearly "actuarial ". If the Council wishes these charges to be fully actuarial, I would suggest that the fees be increased to $41.00 or $42.00 /tree on private property and to $20.50 or $21.00 /tree on boulevards. Regarding the Special Assessment service charge, Paul Holmlund recommends that the $25 per parcel fee be continued, based on his conclusion that it is realistic. Regarding the "Capitalized Interest" charge, I recommend that the $10 per tree charge be continued. This is based on the following: o the average contract cost for removal of a tree and stump = $200 o the average time lapse between tree removal and adoption of the assessment roll is 6 months (there is a wide variation from 2 to 13 months) o Using the "average time" of 6 months., with a 10% /year interest rate, the capitalized interest charge on an "average tree" _ $200 x .10 x 6 = $10.00 12 Accordingly, I recommend that the $10 charge for capitalized interest be continued. Council Action Required A resolution is provided for consideration by the City Council. If the Council decides that the administrative fees should be actuarial, this resolution should be adopted, inserting the fee selected by the Council. If the Council determines that no change is needed, then no action is required. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS WHEREAS, the Brooklyn Center City Council has provided for the establishment and administration of programs for the removal of diseased and other shade trees as specified by the Tree Inspector; and WHEREAS, a review of administrative costs indicates that the existing administrative fee schedule for maintenance of necessary accounts related to said programs needs to be adjusted to more accurately reflect the cost of services provided by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the existing fee schedule be amended as follows: Tree Removal Accounts Administrative Fee Private Property Tree /Stump Boulevard Tree /Stump Special Assessments Service Charge Capitalized Interest Charge (assessed trees only) ATTEST: Date Clerk Existinz Schedule Amended Schedule $40.00 $20.00 $25 per parcel on which a special assessment is levied $10 per tree $25 per parcel on which a special assessment is levied Mayor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. $10 per tree BE IT FURTHER RESOLVED that said amended fee schedules shall be effective immediately. 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: CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT NO. 1989 -04, INSTALLATION OF RADIANT HEATING SYSTEM FOR CITY GARAGE, AND APPROVING CONTRACT FOR ENGINEERING SERVICES RELATING THERETO *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP DIRECTOR OF PUBLIC WO ************** * * * *4 * * * * * * * * * * * * * * * * * * * * * * * * * MANAGER'S REVIEW /RECOMMENDATION: Explanation No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes The 1989 budget for Division 19 - Government Buildings - provides an appropriation of $25,500 for installation of a radiant heating system in the storage portion of the City garage. Installation of this system is recommended because the existing system (gas space heaters) provides uneven heat, has required several repairs in the last 3 years (the old units are approximately 16 years old), and is inefficient. The proposed system would provide more uniform heat, be much more reliable, and be more efficient (with an estimated savings of $4000 /year, the payback period is estimated at 6.3 years). We have obtained a proposal (copy attached) from Oftedahl, Locke, Broadston and Associates, Inc. to develop the required plans and specifications and to provide construction inspection services at a cost not to exceed $2500. I recommend acceptance of that proposal. Council Action Required Adoption of the attached resolution. * * * * * * * * * * * * * * * * * * * * * * ** • • • Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLTUION ESTABLISHING PROJECT NO. 1989 -04, INSTALLATION OF RADIANT HEATING SYSTEM FOR CITY GARAGE, AND APPROVING CONTRACT FOR ENGINEERING SERVICES RELATING THERETO WHEREAS, the 1989 budget for Division 19 - Government Buildings Division of the General Fund provides an appropriation of $25,500 for the installation of a radiant heating system for the City Garage; and WHEREAS, the Director of Public Works has obtained a proposal from the Oftedahl, Locke, Broadston and Associates, Inc., consulting engineers, to provide professional engineering services required for the proposed improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed project will be designated as: Improvement Project No. 1989 -04 Installation of Radiant Heating System for City Garage 2. The proposal of Oftedahl, Locke, Broadtson and Associates, Inc. to provide needed engineering services at a cost not to exceed $2500 is hereby accepted. The City Manager is hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. 3. All costs relating to said project shall be charged to Division 19, Government Buildings, of the General Fund. Date Mayor 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. President Norman K. Knafla Mr. Sy Knapp, City Engineer City of Brooklyn Center 6301 Shingle Creek Road Brooklyn Center, MN. 55430 Dear Sir: At your request we submit this proposal for mechanical and electrical engineering services for the subject project. 410 We will provide all normal engineering tasks to survey the areas relative to the construction anticipated, design the new radiant heating system, draw plans and write specifications. It is anticipated that the total project construction cost will be approximately $ 25,000.00, and therefore formal bid advertisement will be necessary. During the construction phase of the project we will check all shop drawings submitted, and make job site observations and reports to monitor compliance with the construction documents. It is our understanding that the scope of the project will include the installation of a new gas -fired radiant heating system in the vehicle storage area of the City Garage. We will perform all of the above tasks charged at the rate of $55.00 per hour for Senior Engineers, $45.00 per hour Junior Engineers, with a maximum fee not to exceed $ 2,500.00. Recommended for Approval By: Director 'of Public Works Approved By: a l City Manager OFTEDAL, LOCKE, BROADSTON & ASSOCIATES, INC. C O N S U L T I N G E N G I N E E R S 670 SEXTON BUILDING • 529 SOUTH 7TH STREET • MINNEAPOLIS, MINNESOTA 55415 - PHONE 333-4341 AREA CODE 612 February 14, 1989 Yours truly, / Bruce E. Follestad Vice President Bruce E. Follestad RE: BROOKLYN CENTER Municipal Service Garage Heating System Revisions OFTEDAL, LOCKE, BROADSTON & ASSOC., INC. • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF CSAH 10, HENNEPIN COUNTY PROJECT NO. 8716, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987 -23 • • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number C 1 Cl REQUEST FOR COUNCIL CONSIDERATION * * * * * * * * * * * * ** P eE' * * *R * ** 9 *o** P *B* * * * * * MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report ** ij * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Explanation Based on a request from the Brooklyn Center City Council (see attached copy of Resolution No. 87 -13, as adopted on 1/12/87), the Hennepin County Department of Transportation has developed plans and specifications for the improvement of the intersection of CSAH 10 with Shingle Creek Parkway. The proposed plans include replacement of the decks on both bridges across Shingle Creek and widening of the bridge for eastbound traffic to accommodate double - left -turn lanes, geometric improvements which include double- left -turn lanes for eastbound and westbound traffic, widening of the entrances to Shingle Creek and into Brookdale's perimeter road - to facilitate the left turns from CSAH 10, installation of a totally new traffic control signal system with full pedestrian crossing indications around all sides of the intersection, improvements to the sidewalks and trailways within the intersection area, and other features. Overall, the plan provides significant capacity improvements and safety improvements. Hennepin County Department of Transportation plans to place this project under contract in April with completion specified in late fall, 1989. Specifications for the project require the contractor to allow traffic through the construction zone during the entire course of the project. I recommend approval of the plans. City Council Action Required Adoption of the attached resolution. Note: .Adoption of a resolution approving City participation in the project is also required (see next item on agenda). • ATTEST: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF CSAH 10, HENNEPIN COUNTY PROJECT NO. 8716, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987 -23 WHEREAS, Plans for Hennepin County Project No. 8716 showing proposed alignment, profiles, grades, and cross sections for the reconstruction of County State Aid Highway No. 10, within the limits of the City, as a State Aid Project, have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that said plans be in all things approved and that the City agrees to provide the enforcement for the prohibition of on- street parking on those portions of said Project No. 8716 within its corporate limits. Date Mayor 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. �d Member Celia Scott resolution and moved its adoption: January 12, 1987 Date ATTEST;, 7 Clerk RESOLUTION NO. RESOLUTION REQUESTING IMPROVEMENTS ON COUNTY ROAD 10 ADJACENT TO BROOKDALE SHOPPING CENTER WHEREAS, the City of Brooklyn Center has conducted a traffic analysis of this segment of roadway and other roadways within Brooklyn Center; and WHEREAS, Brooklyn Center has observed traffic patterns during the heavy traffic periods and substantial traffic delays have been noted on County Road 10 adjacent to Brookdale during peak Christmas shopping season and on a regular basis throughout the year; and 87 -13 introduced the following WHEREAS, the major factor causing these delays appears to be an overloading of the turning lanes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City requests Hennepin County consider as a high priority in 1987 improvements which will increase turning lane capacities and other system improvements on County Road 10 between Brooklyn Boulevard and Logan_Avenue which will enhance the ability of County Road 10 to carry traffic. The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka,Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. N : 1_15 5' r 35 � ' —=—s - r 1 i :1 \ -B912 ° l I 1 I o y �s � I 1 1 m m 133 CO • 11 iL ° — ( , CBS c106/ -- r- }—, i t_ L /CB\ c1O5/ ( MH " c1 O7 ) W W U BRIDE NO. ;; SAWCUT -I[ 2'511 BRIDG: NO. 27 512 • ' 6924 CONSTR. , n 6612 C&3 th , \-5' TRANS. B924 TO 661 CONC. SAWCUT • (n17 40 SAWCUT / c1T5, ci 17 J • 5'I TRANS. 6624 TO 8924 -lt C. S. A. H. NO. 10 - AAA AA.VAAAAAAAAAA 9A AFAAA.V.9AAAA9�. AA9AAAAA <.9A,s REMOVE CONTROLLER CABINET.. `76 � 116/ ter Arr CB. C. S. A. H. NO. 10 CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number E REQUEST FOR COUNCIL CONSIDERATION 4111 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION APPROVING AGREEMENT NO. PW 09- 02 -89 WITH HENNEPIN COUNTY, PROVIDING FOR CITY PARTICIPATION IN THE COSTS OF HENNEPIN COUNTY PROJECT NO. 8716, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987 -23 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: • * * * * * * * * * * * * ****** * * * * ** * * * ** P *B * * * * * MANAGER'S REVIEW /RECOMMENDATION: 4. The City is required to maintain the sidewalks and trails in the intersection area (as we do now). * * * * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report / l/ Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Explanation (This item relates directly to the previous item on the City Council's agenda.) Hennepin County Department of Transportation has prepared a proposed cost - sharing agreement covering the costs of the proposed improvements and covering operation and maintenance responsibilities (see copy attached). The City's basic responsibilities under this agreement are summarized as follows: 1. City's share of construction cost = $9045 (this covers 50% of easement costs and all sidewalk relocation costs). Note that Hennepin County Department of Transportation's share of cost is $524,985. 2. City must provide electrical service connection for traffic signals. Note: We have not been able to get a good cost estimate on this item. If "overhead" service is retained, these costs are roughly estimated at $3000 to $5000. We will obtain a more detailed estimate /proposal for this work and submit it to the City Council for consideration at a later date. We will also obtain an estimate of the costs for installation of an underground service line and present that as an alternate for consideration by the City Council. 3. The City is required to pay all future costs for electrical /energy for the new traffic control signal system. It is noted that the City now pays for the costs for the existing signal system. However, because the new system will include additional signal heads, etc., these costs will increase from approximately $2000 /year to approximately $2500 /year. • • While the City's portion ($9045) of the construction costs are eligible for reimbursement from the City's "Regular" Municipal State Aid Street Fund, the costs associated with submittal of this claim, and the time delay associated with receiving approval (approval probably could not be obtained in time to allow construction in 1989) would make it counter - productive to utilize that funding source. Rather, it is recommended that the City costs be charged to our "local" MSA fund, i.e. "Account No. 2611 - MSA Fund Balance - Restricted Reserve ". • Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT NO. PW 09 -02 -89 WITH HENNEPIN COUNTY, PROVIDING FOR CITY PARTICIPATION IN THE COSTS OF HENNEPIN COUNTY PROJECT NO. 8716, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987 -23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1 Proposed Agreement No. PW 09 -02 -89 between the City of Brooklyn Center and the County of Hennepin, providing for City participation in the costs of County Project 8716 (improvements to the intersection of CSAH 10 with Shingle Creek Parkway), in the estimated total amount of $9064.67; and providing for the City of Brooklyn Center to assume other responsibilities including furnishing an electrical service connection to the new traffic control signal system, paying for the costs of electrical energy for the new traffic control signal system, and maintenance of sidewalks and trails, is hereby approved. The mayor and city manager are hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. 2. The proposed project will be designated as Brooklyn Center Improvement Project No. 1987 -23. 3. All City costs relating to this project shall be charged to the Municipal State Aid Street Fund, Account No. 2611. Date Mayor 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. • • AGREEMENT, Made and entered into this WITNESSETH: CONSTRUCTION COOPERATIVE AGREEMENT -1- Agreement No. PW 09 -02 -89 County Project No. 8716 County State Aid Highway No. 10 City of Brooklyn Center County of Hennepin day of , 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Brooklyn Center, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 10 between Northway Drive and TH No. 100 (Engineer's Stations Lsb 31 +57.17 and Lsb 46 +189.46) as shown on the County Engineer's plans for County Project No. 8716, which improvement contemplates and includes grading, drainage, bituminous surfacing, deck replacement of Bridges No. 27511 and 27512, traffic signals system and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of Five Hundred Thirty Two Thousand Nine Hundred Eighty Five Dollars and Thirty Cents ($532,985.30). A copy of said estimate (marked Exhibit "A ") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: Agreement No. PW 09 -02 -89 I That the County or its agents will advertise for bids for the work and construction of the aforesaid project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. 11 The County will administer the contract and inspect the construction of the contract work contemplated herewith. However, the City Engineer of Brooklyn Center shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. III The City agrees to grant highway easements to the County over those lands owned by the City that are a part of the required right of way for said project. Said easements shall be granted at no cost to the County. The County or its agents will acquire all 'additional rights of way, permits and /or easements required for the construction of said project. The final cost of all additional rights of way, permits and /or easements required for the construction of said project plus all costs incurred by the County in 0 acquiring said rights of way, permits and /or easements shall be apportioned 50 percent -2- • • to the County and 50 percent to the City. Agreement No. PW 09 -02 -89 The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 10 as shown on the plans for County Project No. 8716. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statute Chapter 117 and does not abrogate the meaning of the language set forth in Section XVII of this Agreement. The County will periodically, as parcels are acquired, prepare and'submit to the City itemized accounts showing right of way and acquisition costs incurred by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal. The estimated right of way expenses described herein are indicated in said Exhibit "A" attached hereto. IV The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful -3- • • Agreement No. PW 09 -02 -89 bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. V In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17 %) of the amount computed as the City's share of the said contract construction cost for roadway construction, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. VI Within sixty (60) days after an award by the County to the successful bidder, the City shall deposit with the Hennepin County Treasurer, ninety percent (90 %) of the estimated City share in the contract construction and engineering costs for the project. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. The remaining ten percent (10 %) is to be paid to the County upon the completion of the project and submittal to the City of the County Engineer's Final Estimate for the project showing the City's final share in the contract construction and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of this project. • Agreement No. PW 09 -02 -89 VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VIII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. IX It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. X Upon completion of the project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on- street parking on those portions of County State Aid Highway No. 10 constructed under this project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XI It is understood and agreed that upon completion of the improvement proposed herein, all concrete sidewalk and bituminous bicycle path included in said improvement shall become the property of the City and all maintenance, restoration, repair or -5- • • • Agreement No. PW 09 -02 -89 replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described sidewalk and bituminous bicycle path maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action and expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by the City, its officers, agents or employees. XII The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. XIII The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals and integral street lights included in the contract at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of the said traffic control signals and street lights at the sole cost and expense of the City. -6- • Agreement No. PW 09 -02 -89 XIV The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. XV Upon completion of this project, the County shall thereafter maintain and repair said traffic control signals all at the sole cost and expense of the County except for providing any component parts of the emergency vehicle pre - emption equipment. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles. XVI It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XVII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the -7- • • Agreement No. PW 09 -02 -89 County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XVIII The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. -8- • • • IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. (Seal) ATTEST: By: Date: Date: And: Associate County Administrator wi legally valid and b'n.ing. and County Engineer Upon proper execution, this agreement By: Assis Date: Approved as to execution By: By: Director, Department of Public Works Assistant County Attorney Date: CITY OF BROOKLYN CENTER By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN Agreement No. PW 09 -02 -89 Clerk of the County Board By: Chairman of its County Board t County Att•rn 2 ;q -Ect Date: RECOMMENDED FOR APPROVAL Date: 02/21/89 EMW • • ITEM REMOVE CURB & GUTTER REMOVE CONCRETE SIDEWALK 4" CONCRETE WALK CONCRETE CURB & GUTTER, DES. B924 BALANCE OF ROAD ITEMS DIVISION OF COST SUMMARY FOR PARTICIPATING ITEMS - CITY OF BROOKLYN CENTER HENN. CO. PROJ. 8716 - C.S.A.H. 10 S.A.P. 27- 610 -17 FROM NORTHWAY DRIVE TO T.H. 100 UNIT LIN. FT. SQ. FT. SQ. FT. LIN. FT. ESTIMATED QUANTITY 92.0 149.0 1031.0 92.0 TOTAL CONTRACT COST RIGHT OF WAY LUMP SUM 1.0 $8,650.00 TOTAL ESTIMATED COST +17% FOR ENG. DESIGN & CONTRACT ADMINISTRATION (TOTAL CONTRACT COST) TOTAL ESTIMATED BROOKLYN CENTER SHARE ESTIMATED 1 TOTAL UNIT 1 ESTIMATED COST COST $3.00 i $276.00 $0.75 1 $111.75 $2.75 1 $2,835.25 $9.00 1 $828.00 1 $520,284.30 $524,335.30 $8,650.00 $532,985.30 BROOKLYN CENTER 100 100 100 100 0 EXHIBIT "A" AGREEMENT NO. PW09 -02 -89 COST COST HENNEPIN1 BROOKLYN HENNEPIN COUNTY ( CENTER COUNTY 01 $276.00 $0.00 01 $111.75 $0.00 01 $2,835.25 $0.00 01 $828.00 $0.00 1001 $0.00 $520,284.30 $4,051.00 $520,284.30 50 50 $4,325.00 $4,325.00 $8,376.00 $524,609.30 $688.67 $9,064.67 • CITY OF BROOKLYN CENTER Council Meeting D((t. ate /13/89 �� Agenda Item Number "l REQUEST FOR COUNCIL CONSIDERATION 0 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Relating to a Certain Lost Bond: Authorizing the Issuance of a Duplicate *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APP$ VAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: EDA Coordinator * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** *�t*'?k * * * * * * * * * * * * * * * * * * ** LI No comments to supplement this report Comments below /attached ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The resolution before the Council authorizes the issuance of a replacement of a registered bond for a bond that has been lost. The City is indemnified should the old bond be found and presented for payment. I would recommend that this resolution be passed. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO A CERTAIN LOST BOND: AUTHORIZING THE ISSUANCE OF A DUPLICATE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Hennepin County, Minnesota (City), as follows: 1. The City has heretofore issued and sold its $8,900,000 Commercial Development Revenue Bonds (Brookdale Three Limited Partnership Project), dated December 31, 1985 (Bonds). 2. The City has been informed by First Trust National Association, formerly First Trust Company, Inc. (First Trust), paying agent and trustee, that one of the Bonds has been lost and that after diligent search the Bond cannot be found. 3. First Trust has submitted a request on behalf of the registered owner of the Bond that a duplicate be issued (Duplicate), has further supplied the City with satisfactory evidence that the Bond has in fact been lost and has supplied the City with sufficient indemnification insuring that the City will suffer no loss in the event the lost Bond is presented for payment. 4. The City is authorized by Minnesota Statutes, Sections 475.69 and 475.70 to issue a Duplicate where satisfactory evidence of loss and indemnification is supplied. Similarly, First Trust is authorized by Section 2.4 of the Indenture of Trust, dated as of December 1, 1985, between First Trust as Trustee and the City (Indenture) to authenticate and deliver a Duplicate. The City shall therefore issue a Duplicate for the following: Bond Issue: $8,900,000 Commercial Development Revenue Bonds (Brookdale Three Limited Partnership Project) Date of Bonds: December 31, 1985 Interest Rate: 8.0% Bond No.: R -864 Maturity Date: December 1, 2015 CUSIP No.: 113844A99 Amount: $25,000 • • RESOLUTION NO. ATTEST: 5. First Trust is authorized and directed to prepare and deliver a Duplicate to the registered owner thereof in accordance with law and the Indenture, upon payment to the City by the registered owner thereof or on his or her behalf of all costs of the City, its officers, agents, and employees in connection therewith. Date Mayor 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. • ITEM DESCRIPTION: Patti P CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 qa Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION 0 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Resolution Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Tow Type Auger Paver *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: Administrative Aide * * * * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report J Comments below /attached *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUMMARY EXPLANATION: (supplemental sheets attached )0X ) An appropriation of $23,500 was approved in the department #42 budget for 1989. Attached are the bid specifications which are recommended for approval. If approved, the bids will be opened on April 6, 1989, and submitted to the Council on April 10, 1989. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) TOW TYPE AUGER PAVER BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) tow type auger paver are hereby approved BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) tow type auger paver in accordance with said specifications. ATTEST: Date Mayor 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. CALL FOR BIDS FOR ONE (1) TOW TYPE AUGER PAVER Sealed proposals endorsed with the title of the equipment and the bidder's name will be received at the office of the City Clerk of the City of Brooklyn Center, Hennepin County, Minnesota up to 2 p.m. on April 6, 1989, at which time bids will be opened and read. The equipment to be furnished consists of the following as called for in the Specifications: One (1) Tow Type Auger Paver. Proposed forms of contract documents, including the forms and specifications therefore, are on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota where they may be examined. Specifications and proposal blanks may be had for the contractor's individual use by applying to the City Clerk. No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids without the consent of the City. Bids must be made on the basis of cash payment for the equipment. No bids will be considered unless sealed and filed with the City Clerk prior to the closing time for receiving bids. The City Council reserves the right to waive any informalities in any bids received and reject without explanation any or all bids received. Mailed bids should be addressed to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 By order of the City Council D. K. Weeks, Clerk Date: March 14, 1989 (Published in the Brooklyn Center Post March 23, 1989) 1. GENERAL 2. GUARANTEE CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR TOW TYPE AUGER PAVER All bids must be received at the office of the City Clerk on or before 2:00 p.m., April 6, 1989, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Tow Type Auger Paver ". It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The Tow Type Auger Paver proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The Tow Type Auger Paver the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the Tow Type Auger Paver the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to the patent infringements and in case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all actions. The bidder shall furnish a manufacturer's standard warranty as shall guarantee the equipment as to the specified capacity and performance and to be free of defects in design, material, and All defective parts, material and labor shall be replaced free the City of Brooklyn Center. a minimum and satisfactory workmanship. of cost to • 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of the bids. 6. PROOF OF WORKER'S COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. • • 'TOW TYPE AUGER PAVER Standard EauiDment - 18 H.P. H.D. propane engine with extra larage tank - Direct drive hydraulic pump - Eight (8) each 12" x 5" solid rubber tires - Manual depth controls (2) one for each side of screed - Hydraulic screed extensions - 2 ft. each side (with attached extendable augers) - Hydraulic augers (2) 8" O.D. x 3/8" flights x 3' long - extendable - reversible - independent - Hydraulic hopper wings - Hydraulic tow arm hookup w/3 position adjustment - Hydraulic screed lift - Hydraulic gate - Hydraulic oil level gauge - Electric spray cleaning system - 4 gallon reservoir - 16' hose with hand sprayer - Dual crown and valley adjustment 3" up and down - Screed wear plates - Weldon type - 1/4" hardened steel AR400 (2 pcs) - Rubber spill plate on hopper - Manual hydraulic backup • • • CITY OF BROOKLYN CENTER Council Meeting Cate 23 / 1 .3 . 4 Agenda Item Number /7 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY ALLOWING THE POLICE DEPARTMENT ACCESS TO COMPUTERIZED COUNTY COURT DATA FILES **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPRO . Sign ure title Chief of Po c / * * * * * * * * * ** * ** * * * * * * * * * * * * * * * * * * * * * * ** * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report / / Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The police department has a need on a routine basis to access the Hennepin County District Court computerized data files. 1988 legislation allows charges to be upgraded to gross misdemeanor or felony charges depending on other charges pending and /or previous. As there is no central depository for misdemeanor records, checking the court computer allows us to determine charges pending and /or previous from other cities in Hennepin County. Also, the department routinely checks dispositions of our cases in order to dispose of any property being held by the City. Currently our only methods of doing these checks is to send a form over to court and wait for the response or call them by phone. This agreement will allow us to hook one of our present terminals to the court system so that department personnel can perform these checks. When this request was originally made and authorized in the budget, the county was offering to lease us the needed terminal on a three - year lease agreement. The county no longer offers this option. Our present equipment is IBM - compatible and can be connected to their system. The phone line charge and usage charge were figured in the budget. The monthly connection charge plus the software and equipment needed to hook one of our present terminals to the system is less than the amount budgeted for monthly lease of the total equipment. RECOMMENDATION: We recommend that the City Council pass the resolution authorizing the Mayor and City Manager to enter into the agreement with Hennepin County allowing the police department access to computerized court data files. yes Member introduced the following • resolution and moved its adoption: • • RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY ALLOWING THE POLICE DEPARTMENT ACCESS TO COMPUTERIZED COUNTY COURT DATA FILES WHEREAS, the Brooklyn Center Police Department has need to access Hennepin County District Court computerized data files in its routine performance of duties; and WHEREAS, Hennepin County agrees to allow such access through written agreement with the City of Brooklyn Center; and WHEREAS, the City of Brooklyn Center has budgeted funds for this item in its 1989 approved budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the Mayor and City Manager be authorized to enter into this agreement with Hennepin County allowing the police department access to computerized court data files. ATTEST: Date Mayor 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. 9h • • THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "COUNTY" and the CITY OF BROOKLYN CENTER, on behalf of its Police Department, said City being a political subdivision of the State of Minnesota, hereinafter referred to as "USER"; WITNESSETH: Contract No. 90455 WHEREIN, IT IS MUTUALLY AGREED AS FOLLOWS: A. The COUNTY shall allow the USER access to certain public information contained in County computerized data files ( "public information ") through computer equipment operating in conjunction with the County computer system as follows: 1. The County will furnish to User Monthly Base inquiries as set forth in Exhibit A, attached hereto and made a part hereof by this reference. 2. User shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and /or replacing any equipment used to access or attempt to access said computer system. At User's request, the County will furnish to User information concerning equipment which the County reasonably believes to be compatible with the County's computer system. It will be the User's responsibility to verify with the seller, manufacturer, distributor, etc. of the equipment the accuracy of the information so furnished by the County and also to obtain from any such entity any additional necessary information. The furnishing of such information shall in no manner be construed as an expression of the County's guarantee or warranty of the equipment's quality or performance or its compatibility with said computer system. Supplemental to Paragraph D hereof which, together with Paragraph M hereof, primarily governs all aspects of information furnished to User under this Paragraph, it is agreed that the County shall incur no liability whatsoever with respect to the furnishing or content of said • • information or with respect to the equipment's quality, performance or incompatibility. Information so received from the County shall not preclude User from acquiring other equipment which User believes to be compatible with the computer system, provided that the County shall in no manner be liable with respect to any resulting incompatibility or in any other respect whatsoever. 3. The COUNTY will make arrangements with a telephone company for installation and /or de- installation of a telephone line(s) if such a connection is to be employed between the USER's equipment and the County's computer system. The USER understands and agrees that it is generally in its own best interest to cooperate in good faith with the telephone company so that safe, reasonable and timely access to the USER's premises is provided to personnel of the telephone company for efficient and expeditious installation and /or de- installation of any such telephone lines. B. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY may reduce or discontinue service for such length of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify the USER prior to any such service interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such notification. C. The hours of service furnished hereunder are limited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, will be observed as follows: 1. Monday through Friday - 8:00 a.m. to 5:00 p.m. 2. Service will not be available on holidays or other time off observed by the County. 3. The County reserves the right to change said business hours and shall give written notice to User of any such change. -2- • D. The COUNTY does not warranty or guarantee the performance of the main computer system, the telephone lines, or any equipment in connection or in association with either or both of the foregoing, nor does the COUNTY warranty or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone lines, including, without limitation, the installation, de- installation, repair, operation, malfunctioning, maintenance, implication or circumstance regarding injury to person or property and /or signal /data transmission quality or deficiencies. It is specifically understood by the USER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances, the information received by the USER will be subject to such changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the USER. Further, the USER specifically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to diligently restoring the services and /or any deficiency in said service as is reasonably possible under the pertinent circumstances. User fully understands and agrees that the County may change, modify and /or replace said computer system and any components thereof including, without limitation, any related software or wiring or cabling, and that, incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between User's equipment and said computer system, thus necessitating, perhaps, the replacement of, changes to, and /or modification of User's equipment to access said computer system; and that in any such event the County will in no manner be liable for the costs and /or damages which are sustained by User and which are, in any -3- • • respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that User shall bear the full costs thereof. In no event shall the COUNTY be liable for actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damages. E. The County in said Exhibit A shall set forth costs, and billing and payment information and shall also set forth the type(s) of public information which the County will permit the User to access. User shall be responsible for the payment of the Base Inquiry fees, additional File Inquiry fees, connection charges, telephone line charges, and telephone installation /de- installation charges. User will be billed by the County on a monthly basis. The bill shall show the Monthly Base fee, any additional File Inquiry fee, connection charge, and any telephone line and /or telephone line installation/de - installation charge, provided the County may bill User separately with respect to any installation /de- installation charge. Payment shall be made by User within thirty (30) days after receipt of each said bill. The Monthly Base fee and connection and telephone line charges shall be payable whether or not the Base Inquiry allocation is fully utilized. F. During the contract period, the COUNTY may change any portion of the monthly fee /charges, provided that a ninety (90) day written notice be given to the USER prior to the effective date of said fee /charge change. Any fee /charge so changed will appear on the appropriate monthly billing. If a User has been authorized access to more than one type of public information, it may, upon sixty (60) days' written notice to the County cancel any of them at any time, provided that if all such access is so cancelled by User, the Monthly Base fee and connection and telephone line charges set forth in said Exhibit A shall continue unabated unless and until this contract is cancelled in accordance with the terms of Paragraph G hereof. The User may request of the County that access to additional public information be authorized. If User cancels any such access or if the County assents to any request for additional access, the County shall set forth such information in an exhibit which shall be dated, bear this contract number, bear an exhibit letter in proper sequence to Exhibit A, and be attached hereto. At the County's option, however, any -4- • • such public information access change may be effected through a formal amendment hereof, including therein an amendment to Exhibit A. User agrees that if there is a change in the Monthly Base fee, as above set forth, User will pay the changed Monthly Base fee, as well as any other charge or fee that is changed, after notification of the change, as above provided, unless this contract is cancelled prior to the effective date of any such change. G. 1. This Agreement shall commence on the date of its approval by the Hennepin County Board of Commissioners and remain in effect until December 31, 1989. Upon mutual consent of both parties hereto, this Agreement will be extended for a twelve month period commencing January 1 of each calendar year after 1989. Mutual consent shall be shown and the extension shall be effective if each party shall, prior to December 31 of each year, receive written notice from the other party of said other party's desire or intent to so extend. Each extension term shall be upon the same terms and conditions as herein set forth. User agrees that it hereby waives any and all rights it may possess to contest, in any respect whatsoever, the validity of any such extension notice and /or the effect thereof. User further agrees that it shall be conclusively presumed that (a) the signatory(ies) on any said extension notice of User to have been duly authorized by User to sign and send such notice on behalf of User and (b) User intended that such extension notice be valid and effective. 2. This Agreement may be cancelled by either party given 60 days prior written notice thereof to the other party. H. User agrees that during the term of this Agreement, in addition to the fees /charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to User, and User will promptly pay or reimburse the County for all taxes levied or assessed against and paid by the County on account of its furnishing services to User hereunder. I. In the event the USER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the County, at its option may immediately, or any time thereafter, perform the same for the -5- account of the USER without waiving such default and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the USER to the COUNTY, shall be payable by the USER upon demand. J. There shall be deemed to be a breach of this Agreement: 1. If the USER shall default in any payment due hereunder and such default shall continue for a period of ten (10) days after due; 2. If the USER shall default in the performance of any of the other covenants or provisions herein and such default shall continue uncured for fifteen (15) days after written notice to the USER. In the event of a breach of this Agreement, as herein defined: (a) The USER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and /or also in terminating this Agreement. (b) All sums due and to become due hereunder, at the COUNTY's option, shall become payable forthwith. In the event of a breach of this Agreement, the COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and /or to recover other damages sustained by the County on account of such breach, the USER shall pay a reasonable sum as attorney's fees. K. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. L. The USER shall defend, indemnify and save the COUNTY harmless from any liability, claims, damages, judgments, costs (including reasonable attorneys' fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the USER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, and /or relating to User's access to the computer system, including without limitation, the obtainment, installation /de- installation and /or existence of telephone lines and any and all activities related thereto, and from all loss or liability by reason of failure of the USER, in any respect, to perform fully or observe all obligations under this agreement. M. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO USER: City of Brooklyn Center Attn: Captain Scott Kline, Brooklyn Center Police Department 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 TO COUNTY: Hennepin County Administrator A -2300 Government Center Minneapolis, MN 55487 Copy to: Director, Information Services A -015 Government Center Minneapolis, MN 55487 Copy to: City of Brooklyn Center Attn: City Manager Gerald Splinter 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -7- • Either party may designate a different addressee at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. N. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. The USER will furnish all information and reports required by the Hennepin County Affirmative Action Policy. The USER shall adopt and comply with the Hennepin County Board's Equal Employment Opportunity /Affirmative Action Policies with regard to employment and Contract. O. No oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreement or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the COUNTY. P. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. • Q. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co- partners between the parties hereto or as constituting the USER as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. The USER is to be and shall remain an independent USER under this Agreement. Any and all personnel of the USER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the workers' compensation act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the USER, its officers, agents, the USER or employees shall in no way be the responsibility of the COUNTY, and the USER shall defend, indemnify and hold the COUNTY, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, • commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay and P.E.R.A. • R. It is understood and agreed that the obligations of the USER under Paragraphs J, L and Q hereof and the obligations of the USER which, by their sense and context are intended to survive the completion of performance thereof by the USER, shall so survive the completion of performance and termination or cancellation of this Contract, including without limitation the making of any and all payments hereunder. -9- S. The COUNTY's failure to insist upon strict performance of any covenant, Agreement or stipulation of the Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, Agreement, stipulation or right unless the COUNTY consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, Agreement, stipulation or right. • • The USER, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on the day of , 198, and signed this Agreement, the parties hereto agree to be bound by the provisions set forth herein. Upon proper execution, this Agreement will be legally valid and binding. Assistant County( orne-- Date: 2 Assistant County Attorney Date: APPROVED AS TO EXECUTION: -10- COUNTY OF HENNEPIN, STATE OF MINNESOTA BY: Chairman of the County Board AND: Deputy /Assoc. County Administrator ATTEST: By: Its And: Its Clerk of the County Board • • STATE OF MINNESOTA COUNTY OF HENNEPIN ) SS. On this day of , 198, before me appeared and to me personally known, who, being by me duly sworn, did say that they are respectively the and of the corporation described in and who executed the foregoing instrument; and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said and acknowledge said instrument to be the free act and deed of said corporation. Notary Public • • • EXHIBIT A to Contract 90455 City of Brooklyn Center I. The COUNTY will provide inquiry -only access to the following information systems: Basic Courts System: Access to this system will permit inquiry into the District Court System. Information to be obtained includes case- related information concerning offense, disposition, participants, scheduling and other public data contained in the Basic Courts System. II. Usage Charge A file inquiry fee of $.0325 per transaction will be charged monthly for inquiries to the system. III.. Connection Charge The USER will be charged $47.00 monthly for connection to Hennepin County's teleprocessing network. The USER will be charged an additional $47.00 monthly for each additional host computer session capability. V. Phone Line Charge It is estimated that the installation cost of the phone line will be $758.31; however, the full, actual charge for any installation will be included in the USER's first monthly billing or a monthly billing soon thereafter. The USER will be charged the monthly cost of this phone line which will be $131.50. Charges relating to the de- installation of telephone lines may be included in a monthly billing or included in a separate billing. -12- • • CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Declaring Surplus Property *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: PcL Administrative Aide Signature - title ****************** * * * * * *,lF * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: * * * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report , / Comments below /attached **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution will declare certain pieces of computer equipment as surplus property. This will allow staff to advertise this equipment for sale. • Member resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY BE IT RESOLVED by the City Brooklyn Center that 1 NEC Spinwriter #7715, 2 H.P. 125 Dual Disk Drives with Monitors are hereby declared surplus Council authorizes disposal of the same ATTEST: Date Clerk introduced the following Council of the City of #3515, 1 NEC Spinwriter keyboards, and 2 H.P 125 property, and the City in the best way possible. Mayor 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 is hereby given that a public hearing will be held on the 13th day of March , 1989 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, regarding setbacks for major thoroughfares. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 561 -5440 to make arrangements. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following runner: Section 2 ,5 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable to the Land Use District in which such use is contemplated. (Note: Refer to applicable footnotes) Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 ATTEST: CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING MAJOR THOROUGHFARE SETBACKS Yard Setbacks (10) (12) 10. Setbacks along major thoroughfares as designated in Section 35 -900 shall in all cases be at least 50 feet, measured from the street right - of -way line, except for accessory structures [in rear yards] or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by MNDOT or where the City Council finds that excess right -of -way mitigates the effects of traffic noise, dust and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. Mayor Clerk Date of Publication Effective date (Underline indicates new matter, brackets indicate matter to be deleted.) /Da olo Number 8 The committee heard testimony from proponents and opponents. In its current form, the bill would require local gov- ernments to meet a new definition of equity in implementing their compa- rable worth plans or face a penalty of five percent of their local government aid in 1992. See Comp Worth, page 3 League of Minnesota Cities Cities Bulletin House and Senate committees review comp worth legislation On Tuesday, February 28, the Senate Governmental Operations Committee (Chair, Donald Moe, DFL -St. Paul) continued its hearing of S.F. 488 (Linda Berglin, DFL- Minneapolis), a bill which would define equitable compensation relationships. Action Alerts There are no action alerts this week. Listening to testimony on S.F. 488 are, from right, Sen. Steve Morse (DFL- Dakota), Sen. Dennis R. Frederickson (IR -New Ulm), and Senate Counsel George McCormick. League photos by Debra Nyberg. March 3, 1989 Pictured from left: Sen. Linda Berglin ; Aviva Breen, Commission on Economic Status of Women; and Nina Rothchild, Dept. of Employee Relations. Sen.Patricia Pariseau (IR- Farmington) reviews the comp worth bill . ( 1 Contents Page Articles House and Senate committees review comp worth legislation 1,3 Job impact statement bill receives further action 4 Year of the City legislation could include statewide housing assistance 5 City, county lobbies irk legislators Groundwater protection act of 1989 advances 7 Charitable gambling and lottery issues move ahead 8 Legislature schedules solid waste hearings 8 Local government representatives meet with human rights department 9 House leaders discuss legislative priorities with the media 9 Annexation and detachment bill up for hearing on Monday 10 House transportation committee passes funding bills 10 MPCA underground tank program is in full swing inside back cover Federal Update New federal budget details underline risks for cities F1,F2 Bill Summaries S1 The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by the Association of Metropolitan Municipalities. League legislative staff members are available to answer your questions concerning legislation relating to cities. The Bulletin lists League and AMM authors of articles and bill summaries by their initials. Joel Jamnik -- JJ Laurie Fiori Hacking -- LFH Stanley Peskar -- SP Ann Higgins -- AH Donald Slater -- DS Sarah Hackett -- SH Chuck Bichler -- CB Thomas Grundhoefer -- TG Debra Nyberg -- DN Jean Mehle Goad -- JMG Vern Peterson -- VP Roger Peterson -- RP page 2 LMC Cities Bulletin • • • Comp Worth, continued The new definition, proponents argue, is merely a clarification of existing law. It would require local governments to as- sure that the average compensation for classes of predominantly female em- ployees is equal to the average compen- sation of predominantly male classes which have comparable values. Opponents of the legislation have ar- gued these changes would necessitate the use of a compensation standard based on the highest -paid male employees and consequently require substantial expen- ditures of public money to meet the new standard. Additionally, they say the amendment is highly inflationary in that the require- ment for equality would cause salaries to "ratchet up" to the highest -paid employee class. The city would need to meet the standard unless it could convince the commissioner of the employee relations that the difference is due to factors unre- lated to the sex of the members dominat- ing the class and that the city is taking steps to eliminate the differences to the extent possible within an agreed upon period of time. The bill as amended would specify cer- tain factors which the Commissioner must consider grounds for an exception, including longevity, performance, re- cruitment and retention, a historical pattern of collective bargaining, or a policy or agreement linking compensation for employees of the city to private- sector employees performing similar duties. The exceptions provide little comfort since the standard is so severe as to ensure that no local government of more than 1,200 population is in compliance, making them subject to perhaps arbi- trary enforcement by the Department of Employee Relations. League staff, as well as staff from the Association of Metropolitan Municipali- ties and other governmental bodies, tes- tified at length about the potential diffi- culty caused by the new definition. Senator Berglin, author of the proposal, indicated a willingness to compromise and said that her intent was not to force overcompensation but rather to prevent the perpetuation of a separate or distinct compensation structure between male and female - dominated jobs that have comparabe values. Other features of the bill cause concern as well. The bill would authorize the commissioner to adopt rules to imple- ment the new equity definition and the existing penalty section. The commis- sioner would have authority to review local efforts, and make suggestions for changes to local plans. If local govern- ments ignored these suggestions, they could face a five percent penalty reduc- tion in local government aid unless the city could successfully appeal the com- missioner's action through an adminis- trative hearing. Finally, the proposal would require each political subdivision to prepare and submit a report to the state by January 31, 1992 which would have to include the follow- ing information as of December 31, 1991: 1) a list of all job classes in the political subdivision; 2) the number of employees in each class; 3) the number of female employees in each class; 4) identification of each class as male- dominated, female - dominated, or balanced; 5) the comparable work value of each class; 6) the minimum and maximum salary for each class if the local unit has established ranges; and 7) the average compensation for employees in each class. The committee has not scheduled the bill for further hearings and almost defi- nitely will not hear it again before the week of March 13. City officials should contact their senators, particularly those on the Senate Governmental Operations Committee, and ask that they refrain from modifying the law until local gov- ernments can fully implement the cur- rent plans. Senate Governmental Operations mem- bers and their phone numbers (all are area code 612 and begin with 296 -) are: Simoneau -Chair Rukavina -Vice Chair Bertram Burger Conway Cooper Dawkins Dille Haukoos Henry Jefferson Johnson Knickerbocker Lasley Limmer Lynch Macklin O'Connor Reding Tompkins Tjornhorn Williams Winter Phone 4331 0170 4373 9188 8635 4346 5158 4344 8216 7158 8659 5516 4315 5364 5502 5369 6926 7807 4193 5506 5375 5515 5505 J 1 • March 3, 1989 page 3 Job impact statement bill receives further action • H.F. 631, (Clark, DFL- Minneapolis) legislation that would require cities to prepare job impact statements and pro- vide benefits to displaced workers, re- ceived further action last week. The House Economic Development Com- munity Stabilization Division heard the bill again. (See last week's Bulletin for detailed article on H.F. 631 provisions.) Rep. Todd Otis (DFL- Minneapolis) of- fered an amendment to H.F. 631 to pro- vide benefits to communities and work- ers affected by plant closings and mass layoffs that are a result of the mergers, corporate takeovers, leverage buyouts, and other acquisitions. The The amend- ment would also require employers that cause plant closings and mass layoffs to repay government units for any public assistance (i.e., loans, grants, interest subsidies, land writedowns) provided in the past five years. The benefits which the employer must pay under the proposed amendment include: *economic development planning grants to be awarded to local units of govern- ments, other public agencies, consult- ants or non - profit organizations for the purpose of assisting communities in planning to expand the local economy; *community service emergency grants for the emergency needs (food, shelter, clothing) of laid -off workers; *wage subsidies to assist employers and employees in the area to create and find jobs; *severance payment to workers (em- ployed for three or more years) equal to the gross weekly wage times the number of years employed; and *health care coverage for 12 months after the plant closing or mass layoff. The amendment would only affect employers with 25 or more full -time workers and that have been involved in a merger, takeover, leverage, buyout, or other acquisition. The amendment would define plant closing as a shutdown where employment loss is 25 or more full -time workers; mass layoff means termination of at least 25 percent of the company's employment or 50 full -time workers. The amendment would also authorize the creation of an 11- member commu- nity response committee with represen- tatives of the city, county, unemployed workers, and leaders of community or- ganizations. The committee would be responsible for distributing the economic development planning grants and emerg- ing grants. Other provisions of H.F. 631 which re- quire cities to prepare extensive job impact statements for development and provide displaced worker benefits are of concern to cities. Reprinted below is a letter sent by the League to all members of the Commu- nity Stabilization and Development Division. February 24, 1989 Representative Karen Clark Chair, Community Stabilization & Development Division House Economic Development Committee State Office Building St. Paul, MN 55155 Dear Representative Clark: The League of Minnesota Cities has serious concerns about your proposed legislation, H.F. 631, relating to job impact statements and displaced worker benefits. At your earliest convenience, I would like to meet with you to discuss our views more fully. Among all the governmental units cov- ered under your bill, cities will be the most frequently affected by its require- ments since cities are the local units most often involved in development projects and zoning changes. Our concerns with H.F. 631 relate mainly to its broad scope, its burdensome re- quirements and its potentially high costs. From our perspective, the problems with H.F. 631 are: 1. The bill requires job impact state- ments for virtually all development ac- tivities, rather than just development that may actually displace jobs. The bill also requires that job impact statements be prepared for all zoning changes, the vast majority of which have little to do with displacing workers. The result of such broadly defined legislation will be that literally thousands of job impact statements will have to be annually filed by cities with the Department of Jobs and Training for each and every development project, zoning change, development grant or loan, change in property tax status, every project that is tax - exempt financed or financed with tax increment, or change in project regulations. 2. In addition to the initial job impact statement that would have to be filed in each of these cases, cities would be required to file two follow -up reports with the Department for each project or zoning change. We note that the De- partment of Jobs and Training would be allocated $88,000 to keep track of submissions of all these job impact statements. However, the costs of pre- paring the detailed statements as well as any d isplaced worker benefits would be presumably borne by local property taxpayers. 3. H.F. 631 requires government units to provide extensive, benefits (child care, health insurance, education, retraining) to displaced workers. The City of Saint page 4 LMC Cities Bulletin • • 4110 • Paul apparently did not include this requirement in its jobs impact ordinance because of the high costs involved. The city estimated that the full array of bene- fits required in the bill could run as high as $6,000 per worker. The language of the bill requires the governmental unit to provide displaced worker benefits, put- ting the local unit in a poor bargaining position for negotiating with employers or developers to bear the financial re- sponsibility for such benefits. 4. Most cities, particularly smaller cit- ies, would be forced to hire expensive outside financial consultants to prepare job impact statements because the de- tails required by the bill are complex and not easy to prepare. For example, the bill requires that the statement contain information on "the number of indirect jobs that will be lost due to the develop- ment including the jobs lost to suppliers, transportation companies, and service employers." And, again, such detailed statements would have to be prepared for all development activities (including zoning changes) whether or not any job loss is anticipated. The League is sympathetic to the need to consider job impacts for development that may actually displace workers. However, H.F. 631, as presently drafted, is too broad in its scope. We do not believe there is a need to require the preparation of extremely detailed job impact statements for every single de- velopment or zoning activity. We also hope that you keep in mind the poten- tially high costs of providing displaced worker benefits and the impact of those high costs on local property taxpayers. 1 look forward to discussing these issues with you at your earliest convenience. Sincerely, Donald A. Slater Executive Director • LFH Year of the City legislation could include statewide housing assistance Two statewide housing assistance bills, S.F. 718 and S.F. 728, would expand the governor's Year of the Cities proposals to older suburbs and Greater Minnesota cities. Rep- resentatives are likely to introduce companion House bills in the near future. Cities in support of these bills should contact their legislators. S.F. 718 (Frank, DFL- Spring Lake Park) would appropriate an unspecified sum to the Minnesota Housing Fi- nance Agency to provide housing rehabilitation of housing for low - and moderate- income persons. In order to qualify for such rehabili- tation loans, the housing must be: at least 35 years old, owned or occu- pied by low or moderate income persons, and have a market value of 80 percent or less of the city's me- dian market value. In order to qualify for a rehabilita- tion grant under S.F. 718 the city must match every dollar of state money with one dollar of local money. S.F. 728 (Pogemiller, DFL- Minnea- polis) would establish a neighbor- hood preservation program for the purpose of making grants to cities. These state grants would need a local dollar - for - dollar match. An unspecified appropriation would go to the Minnesota Housing Finance Agency for this program. Under this proposal, cities would be able to use the grants to establish revolving loan funds for acquiring, improving, or rehabilitating resi- dential and commercial buildings. To be eligible for a neighborhood preservation grant, the neighbor- hood would have to meet the fol- lowing requirements: * at least 70 percent of the residen- tial buildings must be at least 35 years old; * at least 60 percent of the residen- tial buildings must be owner -occu- pied; * the average market value of the neighborhood's owner - occupied housing must no be more than 90 percent of the city's median market value, as determined by the asses- sors; and * the geographic area must consist of contiguous parcels of land. LFH March 3, 1989 page 5 LEGISLATURE '89 City, county lobbies irk legislators By Bill Salisbury Staff Writer Minnesota legislative leaders are becoming frustrated and an- gry over the proliferation of lo- cal government lobbyists work- ing at the state Capitol. Cities, counties and school districts are joining a growing number of what House Speaker Robert Vanasek calls "splinter groups with narrow, self -serv- ing agendas," whose primary purpose is to chase state dollars. "These splinter groups have been mushrooming over the past 10 years. It's one of my great frustrations," said Vanasek, DFL -New Prague. Local government officials share his frustration. They aren't eager to spend more money on lobbying, but fear that if they don't, they won't get their fair share of state aid. "Everybody feels compelled to organize and lobby because their budgets depend on it," State Auditor Arne Carlson said. "The Legislature has invited this situation because they want to con- trol the bag of money." Vanasek and other legislative leaders long for the days when lo- cal governments were represented by statewide, umbrella organiza- tions — the League of Minnesota Cities, the Association of Minneso- ta Counties and the Minnesota School Boards Association. Vanasek said those organizations used to get together, settle their differences and propose statewide policies to lawmakers. Now, in addition to the statewide league, cities are represented by the Coalition of Greater Minnesota Cities, the Association of Metropol- itan Municipalities, the Municipal Legislative Commission and the Association of Small Cities. Sever- al cities have their own lobbyists. School districts are split among the state school board group, the Association of Metropolitan School Districts, the Association of Stable or Growing School Districts, and at least 10 organizations representing professional education groups. In addition, large school districts hire their own lobbyists. Counties are represented by the state group, the Metropolitan Inter - County Association and the Minnesota Association of Urban Counties, plus a growing number of single- county lobbyists. These groups compete with one another for state aid. "All they talk about is how they want you to manipulate the (state aid) formulas so they get more for their group or region, and to hell with everybody else," Vanasek said. "It's a system that is motivat- ed by greed, rather than by what is good public policy." The proliferation of splinter groups has weakened the umbrella organizations. . "The statewide organizations have become virtually powerless," said Sen. Randy Peterson, DFL- Wyoming, chairman of the Senate school aid subcommittee. Those umbrella groups have stayed out of funding battles among their mem- bers, he said. Asked what St. Paul spends on lobbying, Mayor George Latimer replied: "Way too much" and about $110,000 this session. Latimer said he dislikes compet- ing with schools, county • human services and other worthy public programs for state dollars. "But if we didn't, we'd be in deep, serious trouble," he said. For example, St. Paul joined with the coalition of outstate cities to lobby to help shape the Legisla- ture's 1988 property tax reform act. "That kept our property taxes from spiking right out of the sky because of Reagan administration policies," Latimer said. State aid also has been critical in maintaining the city's sewer and park systems, he said. The stakes are high for the local governments that last year shared $3.25 billion in state aid for schools and property tax relief. Schools received 57 percent of their reve- nue from the state, while state aid accounted for more than one -half of county budgets and about one - third of city funds, Carlson said. Not only are there more local government lobbyists, but they are now armed with sophisticated computers that can quickly assess the local impact of any statewide policy proposal. The lobbyists can then inform individual legislators of negative effects on their constit- uents. As a result, legislators tend to ignore the statewide policy, and those whose districts don't fare well are likely to oppose the policy. "They outgun us when it comes to computer data," said Senate Ma- jority Leader Roger Moe, DFL- Erskine. "We are almost at the point where they can checkmate this entire process." In this fiercely competitive set- ting, local government groups have been hiring key staff members away from the Legislature. For instance, last year a St. Paul lobbying firm that represents eight counties hired Dana Frey, a Senate tax analyst whom Vanasek called "the architect of the 1988 property tax law," to analyze tax proposals for its clients. Vanasek tried to hire Frey last fall; but couldn't be- cause he was being paid $20,000 more than the House pay schedules would allow. "What really frustrates me is that here we are trying to write state tax policy, and we can't af- ford to pay what eight counties can," Vanasek said. "We're sending them money so they can hire peo- ple to lobby us. That's nuts!" Carlson doubts the amount of lobbying will diminish unless the state changes the way it finances local governments. "The Legislature has proven not very good at distributing revenue fairly," Carlson said. "That system has forced local governments to hire more lobbyists." Reprinted with permission of the St. Paul Pioneer Press, Dispatch. This article appeared on Monday, February 27, 1989. page 6 LMC Cities Bulletin Groundwater protection act of 1989 advances • • On Wednesday evening, March 1, an ad hoc joint committee of the Senate Agri- culture and Environment Committee met to consider S.F. 411 (Morse, DFL -Da- kota)/H.F. 534 (Munger, DFL- Duluth), a massive bill proposing significant programs to protect state water resources, specifically groundwater resources. Senator Morse has also introduced S.F. 262, which undertakes many of the same programs. Groundwater protection efforts that the bill would authorize education, local assistance, research, and monitoring. Some of the programs affecting cities include: * Requiring the Minnesota Pollution Control Agency to assess the effects of existing and proposed wastewater treat- ment facilities on groundwater; * Expanding the Department of Health's testing of community public water sup- plies and enhancing compliance with the water well law; and * Designating sensitive areas particu- larly subject to groundwater pollution and designating best management prac- tices and local controls that cities and other govemment units would need to use to "promote and implement best management practices or other controls." If the groundwater degradation exceeds established limits, cities would have to require more effective fast management practices and modification of the regu- lated activity. While almost no one would question the need for groundwater protection, much of the bill would impose more unfunded requirements on local govemments and subject them to agency pules or potential liability that would be difficult to evalu- ate under the present proposal. The League has not made an official reaction to the legislation at this time since it is unclear which bill is likely to go forward in the Senate. Once that happens, LMC staff will provide more detailed reactions to both city officials and the Legislature. The method of funding the federally mandated expansion of water testing under the Federal Safe Drinking Water Act is one issue the legislation will to resolve. One proposal to fund the additional state staff would be to charge a fee on each public water supplier in the state at a rate of 2.1 cents per 1,000 gallons of water discharged through the public water supply. The public supplier (city, most often) would then be free under the bill to determine how to pass this charge on to its customers. Senator Morse appar- ently prefers this approach. If an average residential property uses 15,000 gallons per quarter, the annual fee would be an additional $1.26 per residence. The cost would be more for high -use commercial and industrial users. An alternative which commercial/indus- trial users have promoted is to charge an annual flat fee of $3.20 per owner of a service connection. One alternative the League offered, but which has received no consideration is to fund the expanded program out of the state general fund. Financing alternatives either benefit or hams different cities. City officials should contact their legislator with the city's preference. ,)J March 3, 1989 page 7 Charitable gambling and lottery issues move ahead Legislation is progressing dealing with several gambling issues. Receiving the most attention recently has been the state - run lottery that voters authorized last November. But changes in the state's gambling taxes may soon rival the lot- tery for political attention. S.F. 150 (Lessard, DFL -Int'l Falls) has moved out of its first Senate committee. The bill would create a seven - member state lottery board and a state lottery agency, with the governor appointing the director of the agency. The consen- sus seems to be that the lottery will be a fully state -run operation, rather than contracting out administration or opera- tions to other groups. Tickets for the lottery would be avail- able for sale through lottery retailers. The agency would annually select retail- ers. An amendment that Senator Joe Bertram (DFL- Paynesville) offered and the Licensed Beverage Association sup- ported, would eliminate language pro- hibiting on -sale liquor establishments from selling lottery tickets. The bill also would prohibit a political subdivision from requiring a local li- cense to operate as a lottery retailer or imposing a tax or fee on the business of operating as a lottery retailer. On another gambling matter, the chairs of the House and Senate Tax commit- tees, Representative Dee Long (DFL- Minneapolis) and Senator Doug Johnson (DFL -Cook) have introduced legislation (S.F. 473/H.F. 576) that proposes a major change in the charitable gambling tax. Under the current law, the tax is calcu- lated or paid out of net receipts, which is the amount left over after prize payouts and all lawful expenses. The tax is 10 percent of net receipts. Under the proposal, the rate would de- crease to six percent but the calculation of the tax would be on gross receipts. The result would be more tax revenue for the state. In 1987 the state tax collected was $7.4 million. Using the same receipt figures but the new pro- posed tax, the state would collect almost three times more tax revenues. Charitable organizations, faced with the prospect of paying higher taxes would have to reduce prize payouts, expenses, or their charitable contributions. The legislation attempts to squeeze the tax dollars out of expenses by proposing that expenses could not exceed more than 45 percent of gross receipts less prize pay- outs and taxes. Currently the 45 percent limit is calculated on gross receipts less expenses and prize payouts). City officials concerned that the pro- posal could result in less charitable contributions should discuss this issue with their local charitable gambling operators to determine how the operator would respond to the new tax calcula- tion method. JJ Legislature schedules solid waste hearings The first full hearings of this years' solid waste legislation have begun. Both the Senate and House heard pro- posed amendments to the waste man- agement act this week. The most sig- nificant city issue in the proposal is a proposed reduction in superfund liabil- ity for local governments that own or operate a waste disposal facility. The legislation proposes that each gov- ernment unit would be liable to a maxi- mum of $400,000 unless there are more than three governments involved in a facility they run under a joint powers agreement. In that case, the cumulative liability of all governments for cleanup operations would be capped at $1.2 million. Currently the liability is unlim- ited in that each entity involved could be liable for up to $1.2 million. The week of March 6 will be even more active. House and Senate environment committees will begin hearings on the SCORE (Select Committee on Recy- cling and the Environment) legislation. On Thursday, March 9 (10 am -12 noon) the House Environment Committee will hear the SCORE bill in Room 10 of the State Office Building. On the Senate side, a subcommittee of the Environment Committee will be hearing four recycling bills -- SCORE; S.F. 95 (Lessard); S.F. 10 (Dahl); and S.F. 386 (Pehler). The Senate hearings will be Tuesday and Wednesday March 7 and 8 in Room 112 of the Capitol from 1 -3 p.m. The League will probably offer testi- mony regarding these bills and will re- port on legislative action in the Bulletin next week. JJ page 8 LMC Cities Bulletin 4 Local government representatives meet • with human rights department • On Tuesday morning February 28, rep- resentatives from the League, AMM, and the county and school associations met with Commissioner Stephen Coo- per of the Human Rights Department and members of his department regard- ing legislation which would clarify the department's authority in enforcing the state's comparable worth law. S.F. 130 (Reichgott DFL -New Hope), and its companion H.F. 456 (Williams, DFL- Moorhead, as introduced would provide that failure by a local govern- ment unit to `implement' a comparable worth plan is prima facie evidence of an unfair discriminatory practice. The Senate bill received over four hours of legisla- tive hearings, but the committee took no action pending additional meetings among interested parties. Members of the media and communica- tions students from across the state spent February 16 at the Capitol for "Media Day on the Hill." House leaders talked about management changes and legisla- tive priorities at a press conference. Representative Bob Vanasek, Speaker of the House, said the House is trying to encourage openness in the legislative process. Some of the measures he feels will help achieve more openness include ending House floor sessions and com- mittee meetings by 11:00 p.m.; increas- ing the amount of conference committee debate which is conducted in public and ending these meetings by midnight; providing a toll -free number for infor- mation on House bills and committees (1 -800- 657- 3550); providing earlier notice March 3, 1989 No meeting took place until Tuesday February 28, (the House companion bill was scheduled to be heard the following day.) The meeting focused on an amend- ment that would completely change the introduced version. The proposed amendment would clarify that the commissioner of human rights or any state court may use or consider the results of job evaluations and im- plementation reports in any proceeding or action alleging discrimination. A second section of the amendment would state that a legal cause of action may arise for failure to comply with the re- quirements of the pay equity act. Local government representatives gen- erally are of the opinion that the first 41 House leaders discuss legislative priorities with the media of committee hearing schedules; and tightened rules of "germainness," the relationship of a question /discussion to the bill under debate. The rule receiving the most resistance so far has been the ban on the consumption of food in the House chamber. (The Senate does not allow food in the Senate chamber.) Assistant Majority Leader Ann Wynia told the media group that the mini -ses- sions that the House held around the state during the summer helped estab- lish priorities for this legislative session. These include groundwater protection, recycling, and crime. Speaking on behalf of the IR minority, Assistant Minority Leaders Terry Dempsey and Steve Sviggum discussed section is merely a clarification of exist- ing law but have steadfastly resisted the second section of the amendment. The second section says that anyone can sue cities and other local governments for allegedly failing to comply with the pay equity act. This potential liability would be in addition to any penalty that the commissioner of the Department of Employee Relations would impose. Given the imprecise nature of the cur- rent pay equity act as well as the volatil- ity of compensation systems, giving any employee who is dissatisfied with their pay the option of suing the public em- ployer is a potentially immense liability. The League will report further develop- ments regarding these bills. JJ priorities for the 1989 session. Dempsey commented that the availability of fi- nancing will determine the Legislature's priorities. He said that the level of taxes used to follow spending decisions, but that now, acceptable taxing levels are set before considering spending needs. Dempsey said that he expects to see the Legislature react with "more dramatic changes to the governor's proposed budget than in the past," with K -12 education, crime, and environmental concerns becoming greater priorities. Sviggum supported Dempsey's assessments and said that the relationship between prop- erty taxes and education funding is a major concern. A solution had also not been found for the worker's compensa- tion problems, Sviggum concluded. SH page 9 Annexation and detachment bill up for hearing on Monday On Monday, February 27 the Senate Local Government Committee heard testimony from proponents and oppo- nents of S.F. 327 (Knaak, IR -White Bear Lake), which would repeal a law that allows property owners to petition the municipal board to hold a hearing and determine if their property should be detached from the city it currently is part of and be annexed to a neighboring city. Currently, the municipal board can proc- ess this petition even if both cities in- volved oppose the detachment and an- House transportation committee passes funding bills On Wednesday, March 1, the House heard and passed two bills regarding transpor- tation funding. The first bill, H.F. 46 (Lieder, DFL- Crookston) would authorize the state to issue and sell $32 million in bridge bonds to pay for repairs and replacement of some of the more than 3,500 deficient bridges in Minnesota. While most defi- cient bridges are located on town, county, and state roads, between 250 and 400 bridges are on city streets depending on whether one uses state or federal criteria (respectively) to evaluate the bridge. This bill, which has the support of MnDOT, the county and township asso- ciations, and the League, passed unani- mously and now goes to the Appropria- tions Committee. The second bill, H.F. 96 (Kalis, DFL - Walters) would change the apportion- page 10 nexation. S.F. 327, and its House com- panion, H.F. 679 (Jennings, DFL -Har- ris) would allow either city to veto the processing of the petition. The Legislature adopted the particular provision in 1985 somewhat as an ex- periment. However, experience since that time has indicated it has not been used so much by oddly shapped property or property far removed from municipal services as it has been used by property owners who feel unduly restricted by the land use controls or development poli- ment of five percent of the highway users tax fund. The Constitution allows the Legislature to reallocate the five percent every six years. Currently (since 1983), the five percent goes to the fol- lowing: 51 percent to the trunk highway fund; 41 percent to the county turnback account; and 8 percent to the municipal turnback account. As proposed, H.F. 96 would take 23 percent of the funds away from the state and give it to the county account. The resulting split would be 28 -64-8. The proposal would dedicate additional money to county and town bridges or for county distribution to towns for road mainte- nance and construction. The bill doesn't do rnuch for cities. Metropolitan cities can view this amend- ment as shifting financial resources to Greater Minnesota. cics of the' city where their properly is currently located. The League has adopted a legislative policy in support of passage of this leg- islation and has testified on it. The bills will be heard again on Monday, March 6 at 12:15 p.m. in Room 107 of the Capitol by the Senate Local Government Com- mittee and on Thursday March 9 at 12:30 p.m. in Room 200 of the State Office Building by the House Local Govern- ment Committee. JJ Cities under 5,000 population should be particularly upset, since under both the current law and this bill they will be the only level of government which does not receive at least some direct allocation of highway user tax dollars which derive from the motor vehicle excise tax (six percent sales tax on cars) and the gaso- line tax (currently 20 cents per gallon). The League urges small cities to contact Representative Kalis and Senator Pur- feerst, the chairs of the House and Sen- ate transportation committees, and ask them to amend H.F. 96 and its Senate companion to provide a direct distribu- tion to cities under 5,000 population. JJ LMC Cities Bulletin Federal Update • New federal budget details underline risks for cities In previous Bulletin issues (Feb. 10, 17), articles outlined FY'90 federal budget proposals submitted by the outgoing Reagan Administration and the recommendations submitted to the congress by President Bush on February 9. As the budgetmaking process on Capitol Hill gets underway, it is important to understand implications for future funding of programs to aid cities and for future fiscal policies that will impact local government. What we know now: Reagan FY'90 Budget Extension of Medicare $667 million for assisted housing threatened by expiring contracts Discontinue 312 housing rehab loans Increase Section 8 rehab /SRO funds to $73 million Bush FY'90 Budget Impact on Cities Extension of Medicare Increase federal excise taxes by $7 billion No extension of low- income Local bonding authority housing tax credits, and tax benefits expire single family mortgage at the end of 1989 revenue bonds, targeted job tax credits, or small issue industrial develop- ment bonds No recommendation for public housing unit construction funding (Only 5,000 units were recommended for funding in FY'89 109,000 new units of assisted housing were recommended for funding in FY'90, about the same level as recommended in FY'89 by Reagan No recommendation for funding of housing for elderly (202 program) Estimated $4 million in increased costs in '90 for Minnesota state and local government. Public housing subsidies would be cut at least $75 million; HUD - Independent Agencies Subcommittee estimates that at least $1.3 billion more must be added for FY'90 for assisted housing $430 million is needed to produce '89 levels (9,000 new units) Loss nationally of $86 million in loan funds to preserve housing Increase of $28 million in Reagan budget offset by elimination of funds for Emergency Shelter & Supplemental Assistance for programs to aid the homeless. March 3, 1989 F1 Federal Update, continued Reagan FY'90 Budget Reduce funding for transitional housing to $71 million (Cut total of federal funding of homelessness assistance programs by 50 percent below '89 funding levels.) $2.6 billion for CDBG (FY'88 level) No funding for Urban Development Action Grants (UDAG) No funding for Economic Development Administration (EDA) THE BOTTOM LINE Bush FY'90 Budget Full funding of federal homeless assistance programs (McKinney Act) No mention of funding No funding for UDAG No mention of funding for wastewater treatment construction grants No mention of funding levels for transit, highways, or airports Enactment of Urban Enterprise Zone Program Impact on Cities Loss of $37 million from '89 funding levels FY'89 federal funding of programs to aid the homeless totals $682 million, but only $378 million was approved for FY'89 - -Bush budget recommends adding $50 million (likely to come from FY'90 CDBG funds) Reagan proposal cut $300 million from FY'89 funding; $350 million would be needed to hold funding at $3 billion $750 million would be needed to maintain FY'89 levels Bush Administration may recommend no funds for transit operating costs and may recommend hikes in airport use and fuel taxes to pay for FAA safety improvements A total of 70 UEZ's would be established across the nation HUD - Independent Agencies Subcommittee estimates indicate a $7 billion shortfall (now termed a "Black Hole" for all programs not mentioned in budget proposals presented by President Bush as well as for restoration of FY'89 funding levels for assisted housing environmental programs and veterans' medicare care. F2 LMC Cities Bulletin Crime and courts Criminal vehicular operation, pregnant women H.F. 864 (Bishop, Vellenga, Orenstein) (Judiciary) would permit multiple of- fense conviction for criminal vehicular operation resulting in death or injury to an unborn child. The bill would extend the offense to include vehicular opera- tion resulting in miscarriage or stillbirth, or in an injury to the fetus. A miscar- riage or stillbirth during a felony would be a separate felony offense under the proposal. CB Administrative supoenas, electronic surveillance H.F.815 (Carruthers, Vellenga, Kelly, Swenson) (Judiciary) would repeal the sunset of the privacy of communications statutes. The bill would provide for administrative subpoenas (by the attor- ney general, bureau of criminal appre- hension, law enforcement agencies, and county attorneys) to various businesses including financial institutions, utilities, transportation service providers, freight companies, hotels and motels, and employers of persons suspected of crimi- nal activities. The proposal would re- quire payment of reasonable expenses to the person producing subpoenaed records, and would make a willful fail- ure to produce documents a misdemeanor. The bill would prohibit disclosure of subpoenas. It would be a felony to give notice of electronic surveillance, search warrants, or investigations punishable by five years imprisonment and a $10,000 fine. CB Failure to appear in criminal court S.F.675 Pogemiller, Spear, D. Peterson, McGowan, Marty) (Judiciary) would make it a misdemeanor for a person charged with a gross misdemeanor or misdemeanor to fail intentionally to appear in court for trial. The bill would remove the three -day grace period for felony offenders who fail to appear, and would March 2, 1989 Bill Summaries give county attorneys jurisdiction to prosecute criminal offenders who fail to appear in court. The proposal would provide for an affirmative defense for circumstances beyond a person's con- trol where there was no means or oppor- tunity to advise the court. CB Death penalty authorized under certain circumstances S.F.768 (Storm, Solon, Berg) (Judici- ary) would authorize the imposition of the death penalty for certain first and second degree murder convictions. The bill specifies standards that would apply in the sentencing court, and would re- quire an automatic appellate review of death penalty cases. The bill would require that the governor stay execu- tions of mentality ill or pregnant defen- dents, and would prohibit the execution of minors. Execution would be accom- plished by either lethal injection or electro- cution. CB Economic development Housing impact statements, grants and education H.F.714 (O'Connor, Ostoff, Morrison, Dawkins, Tjornhom) (Financial Institu- tions & Housing) would require prepa- ration of a housing impact statement when a development project causes the removal of five or more units of low- income housing. The statement would include discussion of the adverse im- pact, whether there is sufficient afford- able housing to accomdate those dis- placed, and the amount and cost of nec- essary replacement housing. The re- quirement would not apply to property that has been vacant for two or more years. The statement would go to the state agency, board, commission, or local governmental unit providing the public funds. The bill would appropriate money to the Housing Finance Agency for housing for: low - income family and individual rental housing; accessibility adaption for the physically handicapped; and transitional housing acquisition, construction, or rehabilitation. SH Elections and ethics Penalty for election tiling officers H.F.736 (Ostrom, Scheid, Steensma, Sviggum, Abrams) (General Legislation, Veterans' Affairs, & Gaming) would delete the provision of the state fair campaign practices act which imposes criminal liability on a city filing officer who issues an election certificate to a candidate who he/she knows has not filed a campaign report. AH Recall of elected officials H.F.902 (Miller, Sviggum, McPherson, Omann) (General Legislation, Veteran's Affairs, & Gaming) would place a pro - posed state constitutional amendment on the 1990 state general election ballot on the question of whether to permit the recall of elected officials by petition and special election. AH Payment of election recount expenses S.F.763 (Pariseau, McQuaid, Bernhagen, Laidig, Hughes) (Elections & Ethics) would assign responsibility for payment of costs of an election recount to the candidate making the request. Costs assessed to the candidate would be compensation for election officials who participate in the recount as well as attorneys fees incurred in connection with the recount. AH Environment Groundwater, management and protection requirements H.F. 924 (Onnen) (Environment and Natural Resources) would direct the Environmental Quality Board to iden- tify state agency programs that affect S 1 activities that may cause or contribute to groundwater pollution and would direct state agencies which administer such programs to adopt water resources pro- tection requirements and develop best management practices to protect ground - waters. The bill would direct the Department of Agriculture to set protection require- ments and develop management prac- tices for use and storage of pesticides and fertilizers, and would require the Department of Health to adopt rules setting criteria for drinking water and allowable limits of substance in water. CB Groundwater, local water resources protection H.F. 915 (Miller, Hugoson, Girard, Lynch, Omann) (Environment and Natural Resources) would create a local water resources protection and management program to allow the Board of Water and Soil Resources to make grants to cities, towns, counties, soil and water conser- vation districts, and watershed districts to improve water quality. It would spec- ify rules for applying for grants, and specify purposes of grants. CB Inventory and control programs in state lakes S.F.749 (Olson, Knaak, Lessard, Mer- riam, Laidig) (Environment & Natural Resources) would appropriate $100,000 to the Department of Natural Resources for inventory and monitoring of the growth of Eurasian watermilfoil (myriophyllum spicatum) in state lakes, for informa- tional materials for boaters and lake shore owners, and for a control program with appropriate local units of government. CB Legislative commission on water H.F.783 (Ozment, Lynch, Hugoson, Girard, Pellow) (Environment & Natu- ral Resources) would establish a legisla- tive commission consisting of 12 mem- bers (six from the House and six from the Senate) to review water policy reports and recommendations. The bill would require the commission to study the state's water management needs for the year 2000 and report to the govemor and S2 Legislature by November 15, 1991. The provision would sunset June 30, 1995. CB Gambling Charitable gambling, video pull -tab devices H.F.743 Quinn, Kostohryz, McEach- ern, Bennett, Gutnecht) (General Legis- lation, Veterans Affairs & Gaming) would regulate the use of video pull -tab de- vices. The proposal would require li- censure of manufacturers and distribu- tors, and would require corporate surety bonds of $10,000 for such licensees. The bill would regulate memory chips used in such machines, would specify approval procedures and requirements, and would require detailed records. Location of the machines would be lim- ited to on -sale liquor licensee premises. The bill would appropriate money to the Department of Revenue for administra- tion and implementation, and would impose a pull -tab tax on memory chips. CB General government Data Practices Act, law enforcement data on child abuse S.F.633 (D. Peterson) (Judiciary) would classify inactive investigative data relat- ing to alleged child abuse or neglect as private data where there was a determi- nation of no maltreatment. CB Health facilities, regulation S.F.637 (Berglin, Brandl, Vickerman, Piper, Storm) (Health & Human Serv- ices) would make numerous changes in health facility regulation, including the following. It would: * provide procedures for reimburse- ment classifications for clients of inter- mediate care facilities for the mentally retarded; * require nursing home and boarding care home resident advisory and family councils, unless fewer than three per- sons would be willing to participate; * increase the minimum nursing staff re- quirement to one hour per standardized resident day, and would impose a $300 fine per day for non - compliance; * impose a schedule of fees for federal certification deficiencies and set fines for disallocation of staff; * provide the commissioners of health and human services with the authority to adopt rules to comply with the provi- sions of the Omnibus Budget Reconcili- ation Act of 1987 that deal with nursing home reform; * provide new procedures to suspend nursing home admissions; * authorize the commissioner of human services to place monitors in certain nursing homes to observe the operation of the home and provide advice; * adopt federal standards for nurses aids, expand local screening team duties, and limit dependent persons' payment rates; * eliminate PERA contributions as out- side of operating costlimits which would have the effect of making public facili- ties less competitive with privately owned homes; * provide a one -time adjustment in pay- ment rates to upgrade certain nursing homes' professional nursing staff to meet federal care standards; * provide for a five cents per resident per day increase for the rate years begin- ning July 1, 1989 and July 1, 1990 to adjust to the increased costs under the Omnibus Budget Reconciliation Act. (S.F.638 contains many of the same provisions including the deletion of PERA contributions as outside of operating cost limits.) CB Telephone utilities, prohibiting advanced billing S.F.672 (Dicklich, Doug Johnson) (Public Utilities & Energy) would prohibit a telephone company from billing a cus- tomer for a service or rate before the service is provided or before the end of the period for which the company is charging the rate. CB LMC Cities Bulletin • • • State child mortality review panel S.F.748 (Spear, Berglin, Reichgott, Knutson) (Health & Human Services) would allow the commissioner of health and human services to establish a child mortality review panel to review child deaths and make recommendations to improve the child protection system. The bill would allow the commissioner to access all non - public data on child deaths from all state and local government agencies for this purpose, and specifies limits on use or disclosure of such data. The proposal would make endangerment of a child, punishable by up to one year imprisonment and a $3,000 fine. The bill would clarify state authority to en- sure necessary medical services for chil- dren. CB Housing Housing rehabilitation program S.F.718 (Frank, Stumpf, Beckman, Vick - erman, Bernhagen) (Economic Devel- opment & Housing) would authorize the Minnesota Housing Finance Agency to establish a two -year housing rehabilita- tion matching grant program for cities. Cities would use one -to -one matching grant funds for revolving loan programs to rehabilitate eligible housing for low - and moderate - income residents. To be eligible, housing must be at least 35 years old, owned or occupied by low- or moderate- income residents, and valued at no more than 80 percent of the median housing market value in the city. AH Non - neighborhood preservation program S.F. 728 (Pogemiller, Novak, Mehrkens, Freeman, Metzen) (Economic Develop- ment and Housing) would authorize the Minnesota Housing Finance Agency to establish a 50/50 matching grant pro- gram for cities to provide funds to local government for acquisition, improve- ment, or rehabilitation of residential and commercial buildings in eligible neigh- borhoods. Eligibility criteria for grant applications from cities would be: at least 70 percent of the residences must be at least 35 years old; at least 60 percent of those structures must be owner occupied; the average market value of March 3, 1989 housing in the neighborhood must not exceed 90 percent of the mediam hous- ing market value in the city; the neigh- borhood parcels must be geographically contigious. AH Personnel Workers' compensation, preventative rabies H.F. 909 (D. Carlson, Begich) (Labor Management Relations) would specify that exposure to rabies would be an injury for which employers shall furnish preventative treatment. CB Worker's compensation, recodification and simplification S.F.775 (Frank, Brataas, Chmielewski, Kroening) (Employment) would appro- priate up to $150,000 to the commis- sioner of labor and industry to contract with a consultant to make recommenda- tions and draft a proposal for recodifica- tion and simplification of Minnesota's workers' compensation laws. The bill would require a preliminary report by February 1, 1990, and a final report by January 1, 1991. CB Public safety Prohibiting the sale of tobacco by vending machine H.F.792 (Skoglund) (Commerce) would prohibit the sale of tobacco by vending machine in a public place, and would make a violation a misdemeanor. CB Pipelines, regulations H.F. 907 (Orenstein, Bishop, Jacobs, Rice, Pellow) (Regulated Industries) would impose civil penalties of up to $10,000 per day for violation of excavation no- tice requirements. The bill would allow more stringent regulation of gas trans- portation and gas pipeline facilities, including the requirement for testing and certification of individuals who operate or maintain facilities. Maxi- mum penalties would be increased for intrastate gas pipeline safety violation up to $500,000. The bill would expand the Department of Public Safety's enforcement author- ity, including investigations, subpoenas, legal discovery, recordkeeping require- ments for persons transporting gas or hazardous liquids or operating pipeline facilities, and rights of entry and access. The bill would modify the office of pipeline safety's inspector qualifications to meet federal grant requirements, and would give the office authority to en- force the excavation notice system. The proposal would modify local govern- ment emergency planning requirements. CB Bullet -proof vests, state and local reimbursement to peace officers S.F.643 (R. Moe, Marty, Ramstad, Spear) (Local & Urban Government) would appropriate money to the commissioner of public safety to reimburse peace offi- cers and law enforcement agency heads for funds spent to buy bullet - resistant soft body armor. The amount of reim- bursement would be one -third the pur- chase price or $165, whichever is less. The bill would require the political sub- division employing the peace officer to pay an equal amount. Under the pro- posal, there would be no state or local liability for defective or deficient vests, and provides that benefits could not be limited or denied based on failure to wear a vest. CB Special legislation Hopkins: Special service district authority H.F.921 (Olsen, Battaglia) (Local Gov- ernment & Metropolitan Affairs) would authorize the establishment of a special service district in the city of Hopkins. SH Special service districts: Certain cities S.F.764 (Pchler) (Local & Urban Gov- ernment) would modify the petition for public hearing. The petition would re- quire owners of 15 percent or more of the net tax capacity of the proposed district, or either 15 percent of the indi- vidual residents or business organiza- tions within the proposed area to file the S3 petition. In addition, the original peti- tioners for the district would need to petition for ad valorem taxes or service charges. The proposal would substitute tax capacity terminology for net assessed value throughout. The special service district law currently affects the cities of Sartell, Sauk Rapids, St. Cloud, Isle, Mora, Becker, and Waite Park. SH Windom and Jackson: Special levies for municipal hospitals S.F.751 (Vickemran) (Taxes & Tax Laws) would allow the cities of Windom and Jackson to make special levies, outside levy limits, for $50,000 each to over the operating deficit of their municipal hos- pitals. Effective for levies made in 1989 and 1990. SH Duluth: Funds for public marine terminal S.F.759 Solon, Gustafson) (Local & Urban Government) would authorize the sale of $4,120,000 in state bonds for the commissioner of the department of trade and economic development to acquire and improve the Duluth public marine terminal. SH Transportation Train stops at certain crossings H.F.834 ( Lasley, Kelso, A. Johnson, Welle, Seaberg) (Transportation) would authorize the transportation regulation board, on petition by a city, to determine at which railroad crossings a train could not stop. The bill would require a public hearing and 30 days' notice to the rail- road. CB Transportation for persons with permanent sensory or mental impairment S.R729 (Purfeerst, Schmitz, Vickemian, Lantry, Bemhagen) (Transportation) would provide that person with perma- nent sensory or mental impairment is eligible for transportation services until a reasonably accessible service is avail- able. The bill requires the commissioner of human services to cooperate with the Regional Transit Board to maximize federal funding in reimbursement of transit services foraperson eligible for medical assistance. Appropriations would go to the Department of Human Services for a transit voucher program for persons with permanent impairments who are not eligible for medical assistance or who have no reasonably accessible alterna- tive. CB Commercial motor vehicles, DWI, and drivers license H.F. 927 (Lasley, Kalis, Vellenga, Steensma, Dempsey) (Transportation) would make it a misdemeanor to operate a commercial motor vehicle if the opera- tor's blood alcohol content is 0.04 or greater. The bill would specify arrest and evidence standards, and would make any blood alcohol content the basis for a 24 -hour disqualification for operating a commercial motor vehicle. Refusal to take an alcohol test would be grounds to disqualify a person from operating a commercial vehicle for a year. The proposal would add a fourth license class as an endorsement on class "C" licenses to transport hazardous materi- als, and would increase class "A" and "B" license fees. The bill would require Social Security numbers on drivers' li- cense applications and would set statu- tory standards for commercial drivers' license disqualifications. The proposal would adopt the driver license compact which would give effect to out -of -state convictions. CB S4 LMC Cities Bulletin MPCA underground tank program is in full swing • Regulating the state's underground stor- age tanks (USTs) is a huge task. Since 1985, when the MPCA (Minnesota Pol- lution Control Agency) first began an inventory of the state's underground tanks (commonly used for storage of petro- leum products such as gasoline or fuel oil), over 32,000 tanks have been re- corded at 12,000 sites around Minne- sota. MPCA staff estimate that there will be at least 40,000 tanks registered when the inventory is complete. The task of regulation is difficult be- cause many of Minnesota's tanks have been in service longer than their ex- pected lifetime (approximately 20 years for an unprotected tank). Eighty -eight percent of the state's USTs are con- structed of bare or coated steel, and lack significant corrosion protection. Because of the large number of tanks and their generally poor condition, the MPCA estimates that 10 to 30 percent of the state's tanks are leaking or will leak. Between mid -1987, when the MPCA received state and federal funding to set up a program to regulate the operation of underground storage tanks, and Decem- her 1988, MPCA cleanup workers have investigated more than 800 tank - related spills or leaks. Uncorrected leaks have caused fires and explosions when vapors from gasoline and other petroleum products have en- tered sewers and basements. City and private water supplies have been con- taminated, too, when petroleum prod- ucts leaked from nearby tanks. How the program works In 1987 the Legislature created the pc- ., troleum tank release cleanup fund (called March 3, 1989 the "Petrofund") to aid in the cleanup of pollution caused by leaking petroleum storage tanks. The fund provides partial reimbursement to storage tank owners or operators who comply with appli- cable laws and who clean up their site in cooperation with the MPCA. The Petro - fund can then reimburse the owner for 75 percent of the costs between $10,000 and $100,000. The tank owner pays the first $10,000 and any cleanup costs over $100,000. On the other hand, if the owner of a leaking petroleum tank is unidentified, uncooperative, or unable to proceed, the MPCA can clean up the site with money from the Petrofund. MPCA will seek repayment of expenses from the respon- sible parties through lawsuits. The availability of reimbursement funds and the knowledge that the MPCA can take action to clean up a site and then recover costs from the tank owner or operator has created a tremendous in- centive for responsible parties to do cleanups. More than 600 leak investiga- tions and cleanups are now underway. The Petrofund also provides funds for the MPCA to respond to emergencies such as explosive vapor levels, petro- leum in sewers and basements, or drink- ing water contamination. In 1988, the MPCA took action in 14 emergency cases to provide clean water supplies or vent explosive vapors. The MPCA also uses the federal leaking underground storage tank trust fund to clean up underground tank sites where owners and operators are unknown or uncooperative, and to respond to leaking tank emergencies. To date, Minnesota has received $2.2 million in these funds. In 1988, the Legislature made several changes to the Petrofund to protect prop- erty buyers from responsibility for leaks from undiscovered tanks which may be on the land. Landowners who purchase property without knowing or having reason to know that buried storage tanks exist on the site are not responsible for cleaning up leaks from those tanks if the owners report the leak when it is discov- ered, and do not contribute to the darn - age. State law also requires anyone selling land to file an affidavit with the county recorder that identifies any under- ground tanks or leaks on the property. What's ahead for 1989 The U.S. Environmental Protection Agency has drafted new regulations designed to upgrade the condition of tanks around the country. In 1989, the MPCA will be working to incorporate the new federal regulations into state law. The regulations require corrosion protection, spill and overfill protection, and a leak detection system. The new laws also require tank owners to demonstrate that they have the finan- cial resources to clean up any tank leaks. Owners who use their tanks for non- commercial purposes must have $500,000 in insurance to cover any cleanup costs, and operators of tank systems at retail outlets need a $1,000,000 policy. This requirement does not apply to home -use tanks smaller than 1,100 gallons. Another program under the original Petrofund legislation will set up a certi- fication course for all persons installing, repairing, or removing tank. MPCA League of Minnesota Cities 183 University Avenue East. St. Paul, MN 55101 -2526 Phone: 612 - 227 -5600 FAX: 612 -221 -0986 The League of Minnesota Cities publishes the Legislative Bulletin weekly during the Legislative session. Subscriptions: members - $20; non - members -$35. Contact: Rose Minke, League of Minnesota Cities. Donald Slater Executive Director Deb Nyberg Assistant Editor Jean Mchle Goad Editor League of Minnesota Cities Legislative Staff Joel Jamnik Environment, personnel, public safety, general govern- ment Laurie Hacking LGA, taxes, finance Stanley Peskar Pensions, personnel, public safety Donald Slater Development tools Ann Higgins Federal legislation, elections, ethics Sarah Hackett Legislative analyst Barry Ryan Tax policy analyst Chuck Bichler Legislative assistant Association of Metropolitan Municipalities Legislative Staff Vern Peterson Executive Director Roger Peterson Director of Legislative Affairs NEC E 1VED MAR - 719 • Gerald Splinter Mgr. 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Where to get legislative information at the Capitol* Copies of bills House Chief Clerk's Office - 296 -2314, Rm. 211, State Capitol Secretary of Senate's Office - 296 -2343, Rm. 231, State Capitol Bill status, authors, companion, committee referral (by bill number, author, or topic) House Index - 296 -6646, Rm. 211, State Capitol Senate Index - 296 -2887, Rm. 231 State Capitol Weekly committee schedules, bill introductions, and summaries of committee and floor action House Information Office - 296 -2146, 175 State Office Building Senate Information Office - 296 -0504, Rm. 231, State Capitol Recording of the following day's committee schedule and agenda, (after 4:30 p.m.) "House Call" (House committee schedule) - 296 -9283 Senate Hotline (Senate committee schedule) - 296 -8088 To reach a member on the House or Senate floor House Sergeant at Arms - 296 -4860 Senate Page Desk - 296 -4159 To notify the governor's office of your concerns Governor Rtidy Pcrpich - 296 -3391, Rm. 130, State Capitol *All addresses are St. Paul, MN 55155, all area codes 612 I IRSI CLASS U S POSTAGF PAID St Paul, MN PFRMII NC) 3221 CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number 1/ REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: JOSLYN SITE CLEANUP PROCESS UPDATE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** t * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report omments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Attached please find a copy of a news release from the Minnesota Pollution Control Agency mailed to all property owners in the area of the Joslyn pole yard site announcing an informational meeting held by the MPCA last Monday evening at 7 p.m. in the council chambers. Attached also please find a copy of a Minnesota Pollution Control Agency fact sheet regarding the Joslyn site. At the meeting Monday, there were approximately half a dozen Brooklyn Center citizens in attendance. Their questions related to concerns about dust or possible pollution from the site during the 'land farming" treatment process. Both Joslyn representatives and the MPCA officials explained that during the land farming treatment process special attention would be paid to dust control and other types of possible contamination, and they believed it was a very feasible and safe operation. The contaminants on the site should be neutralized by this process in two to four years. The city and others have until March 21, 1989, to comment on the proposed cleanup or treatment plan. RECOMMENDATION The city staff recommends the council direct a letter of comment to the Minnesota Pollution Control Agency, which approves the proposed treatment plan, and asks the MPCA to allow for city input into the final grading plan for the site so as to assure proper surface water drainage, and that the final grade of the land farming treatment area does not needlessly inhibit future uses of the property. a • News Release Minnesota Pollution Control Agency For more information: Elizabeth Gelbmann (612) 296 -7792 520 Lafayette Road, St. Paul, Minnesota 55155- FOR IMMEDIATE RELEASE February 23, 1989 MPCA TO HOLD MEETING ON JOSLYN SITE CLEANUP PROPOSAL PUBLIC COMMENT PERIOD ON CLEANUP PLAN SCHEDULED A public meeting to discuss the proposed cleanup plan for a former wood - treating plant in Brooklyn Center is scheduled for March 6, 1989, the Minnesota Pollution Control Agency (MPCA) said .today. The meeting will begin at 7:00 p.m. in the City Council Chambers, Brooklyn Center City Hall. MPCA staff will discuss the plan for the Joslyn Manufacturing and Supply Co. site at 4837 France Avenue North and will receive comments from the public. Written comments can also be sent to the MPCA during the public comment period which runs from February 20 to March 21. The proposed cleanup plan will remedy the soil and ground water con- tamination at the 30 -acre site which resulted from spills and disposal practices during the facility's operation from the 1920s until 1980. Investigation at the site determined that soil and ground water is contaminated by pentachlorophenol and creosote, two wood - preserving chemicals. The proposed plan for ground water cleanup is to continue to pump out con- taminated ground water for discharge to the sanitary sewer system for treatment. Water mixed with oil will first be treated to remove the oil, the agency said. The pumpout system has been operating since mid - January 1989, under interim approval from the MPCA, and is expected to continue operation for up to 30 years. For the contaminated soil, the cleanup proposal involves land treatment of the contaminants. In this treatment process, the contaminated soil is (more) Joslyn site cleanup Page 2 "land- farmed" by spreading the soil in thin layers, applying nutrients and water and allowing the nutrients, water and soil bacteria to decompose the.con- taminants. All of the highly contaminated soil at the site, as well as the upper three feet of soil containing visible contamination will be treated. The soil treatment is expected to be completed in two to four years, the agency said. The two proposed cleanup methods are being recommended following an eva- luation of 13 alternatives in a study, called a feasibility study, completed by the company. The MPCA will approve the final cleanup plan after considering public comments received on the proposed plan. A copy of the Proposed Plan is available for public review at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center. Comments can be addressed to: Elizabeth Gelbmann Public Information Office Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155 and must be postmarked by March 21. # ## innesota 011ution Control Agency Superfund Proposed Plan /Fact Sheet for Joslyn Site, Brooklyn Center INTRODUCTION This proposed plan provides information on the proposed cleanup plan for contamination at the Joslyn Manufacturing and Supply Company site in Brooklyn Center. The Minnesota Pollution Control Agency (MPCA) is holding a public comment period on the proposed cleanup plan, and will consider the comments received before finalizing the plan. BACKGROUND The Joslyn site is a 30 -acre site in Brooklyn Center located at 4837 France Avenue North, bordered by Twin Lakes and the Soo Line railroad track. From the 1920s until 1980 a wood - treating facility was operated at the site. Facility operations and disposal practices on -site resulted in soil and ground water contaminated by pentachlorophenol and creosote, two wood - preserving chemicals (see page 2 for a discussion of these chemicals). As a result of the detected contamination, the site was included on both the state and federal Superfund lists. The lists identify sites in Minnesota and the nation which require investigation and possible cleanup under the Superfund programs. In 1985, at the request of the MPCA under its Superfund authority, the company signed a cleanup agreement, called a consent order. In signing the order, Joslyn agreed to conduct an investigation of the extent of the contamination from the site, evaluate possible cleanup methods and conduct the cleanup. The company has completed the investigation — called a remedial investigation — and the study of cleanup methods — called a feasibility study. INVESTIGATION FINDINGS Investigations of on -site soil detected a number of areas of contamination. Soil contaminant levels detected ranged from slightly to highly contaminated. The ground water investigation found contamination extending from the site to the east, which is the direction of ground water flow. In addition, in the treatment - operations area of the site, some oil mixed with the contaminants was detected floating on the shallow ground water. Contaminated ground water and oil are located 10 to 20 feet below the surface. �7Ut31iC CQrI"ll� • C7(1'thE cl p tr k et weer a ruo q ci Metr h Because ground water flow in the area is to the east, away from Twin Lakes, the lakes are not affected by the site, and sampling of lakewater during the investigation confirmed that site contaminants are not entering the lakes. Area drinking water is also not affected since residences in the area are connected to the city water system. Using information from the investigation, the company conducted a feasibility study, evaluating 13 possible alternative cleanup methods for the soil and ground water contamination. After reviewing the company's study, the MPCA is proposing a cleanup plan for the site. THE PROPOSED CLEANUP PLAN The cleanup plan for the Joslyn site addresses both the contaminated soil and the contaminated ground water. Some elements of the plan have already been implemented at the site, or are in progress. The information below discusses all of the cleanup methods — both those which are being proposed and those completed or underway. Ground Water A ground water pumpout system began operation this month to clean up the contamination found in the ground water layer -- the aquifer -- below the site. By operating eight pumpout wells located across the site, the system will remove contaminated ground water and prevent its further spread off - site. Water pumped out is discharged to the sanitary sewer system for treatment to remove the chemicals, with approval of the Metropolitan Waste Control Commission (operators of the wastewater treatment plant). Before discharge to the sewer system, water and oil mixtures are first sent through an on -site treatment system to remove the oil. Ground water pumpout will continue until the ground water contamination levels at the property lines have been reduced so that they meet the Recommended Allowable Limits established for the chemicals. The length of time needed to clean up the ground water to this level is uncertain, however, the company has estimated that operation of the pumpout system may last up to 30 years. The pumpout system plan was approved last year on an interim basis by the MPCA. MPCA interim approval allowed construction to begin so that the system can be put into operation as quickly as possible to prevent further movement of the contamination off the site. Soil Last fall, with approval from the MPCA, the company excavated about 20,000 tons of the most highly contaminated soil at the site. The soil was sent to a permitted hazardous waste landfill in Oklahoma for disposal. The proposed cleanup plan for the remaining contaminated soil on site is through a treatment method called land treatment. This type of treatment involves thinly spreading contaminated soil over a specially- engineered area on the site, adding water and nutrients, periodically tilling the area, and allowing the soil bacteria, with help from the applied water and nutrients to degrade — break down into nonhazardous constituents — the contaminants What are the chemicals at the Joslyn site? The contaminants at the site are penta chlorophenol (penta), creosote and polynuclear aromatic hydrocarbons (PAHs). Penta and creosote were commonly used as wood preservatives by both industries and consumers in the past. Because of their toxic properties and possible cancer - causing effects if exposed over a long period of time, the U.S. Environmental Protection Agency, in 1985, restricted, their use to only certified applicators. PAHs are a class of chemicals commonly found in our environment. '? At the Joslyn site. the PAHs are believed to have come from the fuel - oil carrier for penta and the creosote wastes. Some PAHs are toxic and some are suspected to cause cancer with long -term exposure. However, PAHs can also be found in automobile exhaust, smoke, plant tissues, charcoal - broiled meats and other common items. The important issue to remember is that, although the chemicals are present at the Joslyn site, residents of the area are not exposed to them. The soil contamination is restricted to the site, which is vacant and fenced, and the contaminated ground water is not used as a drinking water source. The cleanup, when completed, will assure that the contamination will not threaten health or the environment in the future. in the soil. Once the contaminants have degraded to a level at which they no longer present a health or environmental threat, another thin layer of contaminated soil is spread over the area and the process begins again. Land treatment has been used successfully in Minnesota and other states to treat the types of contaminants found at the Joslyn site. On the Joslyn site, the proposed treatment area is a five to six acre area (shown on the map on page 1). The treatment plan is to treat all soil with • Soil (continued) high levels of contamination approximately 10,000 cubic yards), as approximately as the upper three feet of soil from other parts of the site in which contamination is visible (another estimated 10,000 cubic yards). Under the plan, soil treatment will take place only in spring/summer, and by treating 5,000 to 10,000 cubic yards per season, soil cleanup would be completed in about two to four years. By excavating the upper three feet of soil in which oil and contaminants are present, and covering the excavated areas with clean soil, possible contact with the contaminants by people or animals will be eliminated. Should any contamination remaining in the deeper soil move into the ground water, the pumpout system would capture and remove it. OTHER CLEANUP METHODS EVALUATED In all, 13 cleanup methods were studied or soil and ground water. Because of site characteristics, a combination of cleanup methods are planned, rather than a single alternative. At all Superfund sites, the MPCA evaluates the cleanup alternatives studied against the following nine criteria: Does the cleanup method: protect human health and the environment? comply with health and environmental regulations? reduce toxicity, movement or volume of the contaminants? Is the cleanup method: effective in the short term? effective over the long term? technically feasibile? acceptable to the community? acceptable to the state? cost effective? CLEANUP ALTERNATIVES EVALUATED The cleanup plan includes alternatives 1G (ground water pumpout), which is underway; 2E (soil excavation), which has been completed; and 2A (land treatment of soil), which is proposed. All alternatives listed include long -term monitoring, at an estimated annual cost of $100,000 to $140,000. Alternative Cost 1A. No action except $ 290.000 grading ttie site 140,000 18. Placing a synthetic `cap" over soil to prevent water from reaching contaminants >' 1C. Placing contaminated 3, soil In underground 160,000 vault on the site. 10. Containing contamin= aced sop in under- ground area enclosed by walls of bentonite slung 1E. Capping soil. Pumpout 1,300.000 wells only in areas of 310,000 soil contamination. 1 F. Underground vault for soil and pumpout wells as in IE. 1G.Ground water `pumpout wells across the site 1H. Slury wall and pump - out system as fl IG 2A, Land treatment of soil Comments Not protective of health or the environment. 1,100.000 Does not reduce toxicity 1,100.000 orvolume of the contain - lrants 3;900,000 370.000 1,500.000 540,000 1,700,000 2B. Extracting the chemicals 3,700,000 from the soil with a scrubbing /washing process Some comment as IB. Based on testing, not practical because of area geology and type of soil underlying the site, See comment In IB for capping. Limited ground water pumpout will not prevent off -site spread of ground water contamination. See comments in 1B for vault and IE for pumpout. Slurry wall not practical (see comment in ID). Proven technology to reduce toxicity. mobility and volume of contaminated soil. Can be Implemented with ground water cleanup in IG. Reduces toxicity, mobility and volume of soli contamin- ants. May not be technically feasible because of materials handling problems. continued) Spread of contamination off- site is controlled.' Does not reduce toxicity, mobility' or volume of contaminants` In soil (source material).' Began operation in February Cleanup Alternatives (continued) Alternativ 2C. Changing chemical make - up of the contaminants and solidifying soli 2E. Excavation and disposal of most highly contam- inated soli at permitted hazardous waste facility. Cost` 2D. On- site incineratlon of 7,070,000 contaminated soil. 96A00 3,100,000 Comments Not feasible for contaminan insofl. Air quality monitoring needed. High cost with no additional environmental benefit. Removed most highly contaminated soil from site. Completed h November 1988. For costs, when two costs are given, the first represents the construction cost and the second the annual operation and maintenance cost, including the cost for long -term monitoring. THE NEXT STEP The MPCA is holding a 30 -day public comment period on the proposed cleanup plan. After considering the comments received, the MPCA will finalize the plan for the site. The MPCA's response to comments received will be available for review in a responsiveness summary at the Brooklyn Center City Hall, along with the agency's Record of Decision, which documents the reasons for the MPCA's choice of cleanup methods. Under the consent order signed by Joslyn, the company is required to conduct the cleanup. The MPCA will oversee all aspects of the work. FOR MORE INFORMATION The report describing the cleanup plan is available for review at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center. Comments on the cleanup plan must be postmarked by March 21, 1989, and should be addressed to: February 1989 Elizabeth Gelbmann Public Information Office MPCA 520 Lafayette Road St. Paul, Minnesota 55155 612t296 -7792 • • • CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Agenda Item Number 1 CI REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Establishment of Collection Districts for Same -Day Collection of Refuse and Recyclables *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL - HRG Administrator Signature - title ****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report * * ** * * *,sce * * * * * * * * * * * * * * * ** v Comments below /attached *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUMMARY EXPLANATION: (supplemental sheets attached X ) Based on the experience of curbside recycling programs in Minnesota and other parts of the country, there are specific features of curbside programs that help to achieve maximum participation from residents. For example, the use of recycling containers has been shown to increase participation over recycling programs without recycling containers. Weekly collection of recyclables as compared to biweekly collection also enhances overall participation in curbside programs. Another feature that helps to create maximum participation in a curbside program is same -day collection of refuse and recyclables. New Hope will be the first of the HRG cities to begin the curbside program. Curbside recycling will begin in New Hope on April 4, 1989. In addition to curbside recycling starting on April 4, same -day collection of refuse and recyclables will also begin on April 4. New Hope has been divided into two collection districts for refuse and recyclables. All single family homes, duplexes, triplexes, fourplexes, and town homes north of County Road 9 in New Hope will receive refuse and recycling collection on Wednesday of each week. All single family homes, duplexes, triplexes, fourplexes, and town homes south of County Road 9 in New Hope will receive refuse and recycling collection on Tuesday of each week. A copy of the New Hope Ordinance is included with this memo. One of the criteria used to establish collection districts was based on the number of households to be collected per day for recycling. Based on a five -day work week, the recycler will collect approximately 4,200 to 4,300 homes per day (20,900 total homes in the HRG service area divided by 5 equals 4,180 homes per day). The maps on the following pages show a proposed districting plan for all three cities including the days of collection and the population of single family through fourplexes in the district. For Crystal, the two New Hope Tuesday - Wednesday districts would be extended into Crystal and a third Monday collection district would be created. For Brooklyn Center, the proposed plan would divide the city in half and use a Thursday- Friday collection schedule. • • • Request for Council Consideration Page 2 In establishing the collection districts in New Hope, we worked directly with the haulers and tried to minimize the disruption to their existing accounts as much as possible; however, with the creation of collection districts, the days of refuse collection will change for a significant number of residents in each city. The general goal of creating collection districts is to provide a district that will make sense in terms of recycling collection and to disrupt the fewest number of existing refuse accounts as possible. 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C/.4 0, ICC CZ-COMMENCE staargr • • MIN • ORDINANCE NO. 89 -2 AN ORDINANCE AMENDING THE COLLECTION PRACTICES OF RUBBISH HAULERS BY PROVIDING FOR THE CREATION OF SPECIFIC COLLECTION ROUTES TO BE ESTABLISHED BY THE CITY The City Council of the City of New Hope ordains: Section 1. Section 8.143(2) "Routes" of the New Hope Code is hereby amended to read as follows: (2) Routes. Eaeh residential eelleeter shall establish with the eity an aeeeptable sehedsle e€ regnlai eelleetien days and areas in the City and the eelleeter shall eemply with saeh sehedsle emeept as previded below The City, under the direction of the City Manager or his designee, shall establish specific refuse and recycling collection districts and specific days of collection within these districts for all licensees. The purpose of this provision is to coordinate and facilitate same day collection within said districts throughout the City. Said coordination is necessary to encourage citizen participation in the City's recycling effort, to insure compliance with state mandates for solid waste management as set forth in Minn. Stat. Chapter 115A and to insure compliance of the City's contractual obligations as a member of the Hennepin Recycling Group pursuant to the Joint and Cooperative Agreement for Solid Waste Disposal. Also, said coordination will be beneficial to the health, safety and welfare of New Hope citizens and streets limiting the number of refuse and recycling vehicles using said streets at any one time. The following considerations will be utilized by the City Manager or his designee to establish the collection districts: a. household counts within the districts; b. compatability with the licensees existing refuse collection stops to the extent possible; c. compatability with municipal boundaries the extent possible; d. coordination with recycling collection to the extent possible. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. • • Pa%., Signature - title ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: CITY OF BROOKLYN CENTER Council Meeting Date 3/13/89 Administrative Aide No comments to supplement this report Comments below /attached Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: License to Utilize Explosives for the Howe Company *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Section 35 -413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are conditions for the utilization and discharge of explosives at The Howe Company, which were agreed to by the owners. 1. The permit is issued to The Howe Company, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. The Howe Company shall continue to use a two- component compound, kinestik, or a similar two - component compound. 3. The Howe Company shall comply with all applicable federal, state, and local legislation governing the transportation, storage, handling, and detonation of explosives. 4. The Howe Company shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to The Howe Company. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire March 27, 1990. • • Licenses to be approved by the City Council on March 13, 1989: FOOD ESTABLISHMENT Alano Society Brooklyn Center Athletic Boosters Brooklyn Center Babe Ruth Brooklyn Center Babe Ruth Brooklyn Center Baptist Church Brooklyn Center Community Center Community Emergency Assistance Program Davanni's Donut Delight Econo Lodge Evergreen Park Elementary School Harron United Methodist Church Hiway 100 N. France Health Club La Casita Mexican Restaurant Northport Elementary School Num Num Foods, Inc. Pizza Hut, Inc. Spiritual Life Ministries Willow Lane PTA Willow Lane School ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness MECHANICAL SYSTEMS Air Conditioning Associates, Inc. Centraire, Inc. Excel Air Systems Golden Valley Heating & Air Cond. McGuire Mechanical Services, Inc. Metropolitan Mechanical Contractors Northeast Sheet Metal, Inc. Royalton Heating & Cooling Co. NONPERISHABLE VENDING MACHINES A & J Enterprises Best Products Co. Hoffman Engineering Principal Financial Ryan Management Ryan Management Bob Ryan Oldsmobile PERISHABLE VENDING MACHINES A & J Enterprises Best Products Co. Hoffman Engineering 4938 Brooklyn Blvd. 6500 Humboldt Ave. N. Evergreen Park Grandview Park 5840 Humboldt Ave. N. 6301 Shingle Creek Pkwy. 7231 Brooklyn Blvd. 5937 Summit Drive 6838 Humboldt Ave. N. 6445 James Circle 7020 Dupont Ave. N. 5452 Dupont Ave. N. 4001 Lakebreeze Ave. N. 2101 Freeway Blvd. 5421 Brooklyn Blvd. Brookdale Center 6000 Shingle Creek Pkwy. 6500 Shingle Creek Pkwy. 7020 Perry Ave. N. , 7020 Perry Ave. N. Sanitarian 5324 Oliver Ave. N. 689 Pierce Butler Route 7402 Washington Ave. S. 1408 Sylvan Street 5182 West Broadway 20830 Holt Avenue 7340 Washington Ave. S. 4347 Central Avenue NE 4120 85th Ave. N. 6843 Washington Ave. S. 5925 Earle Brown Drive 6530 James Ave. N. . 1 -& Sanitarian /3 .: <_. Building Official nit_ 6843 Washington Ave. S. 5925 Earle Brown Drive 6530 James Ave. N. 6160 Shingle Creek Pkwy. 6160 Shingle Creek Pkwy. 6200 Shingle Creek Pkwy. --f 6700 Brooklyn Blvd. 1 . / / .a/T ttt.p1 Sanitarian Ryan Management 40 Ryan Management Bob Ryan Oldsmobile SPECIAL FOOD HANDLING ESTABLISHMENT Burger Brothers 5927 John Martin Drive SWIMMING POOL Village Properties Evergreen Park Manor f� GENERAL APPROVAL: -='<<' 7 `'� , , ,i D. K. Weeks, City Clerk 6160 Shingle Creek Pkwy. 6200 Shingle Creek Pkwy. 6700 Brooklyn Blvd. Sanitarian Sanitarian k Sanitarian Member introduced the following resolution and moved its adoption: RESOLUTION NO. 89- RESOLUTION SUPPORTING SPECIAL LEGISLATION TO EXEMPT VOLUNTEER FIREFIGHTERS FROM PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) POLICE AND FIRE FUND MEMBERSHIP WHEREAS, the Brooklyn Center Volunteer Firefighters Relief Association (the Association) and the City have been informed that volunteer firefighters must be placed into membership in the Public Employees Retirement Association (PERA) Police and Fire Fund upon meeting certain minimum compensation levels; and WHEREAS, volunteer firefighters placed into PERA would then be receiving PERA pension credit for work which is already covered under their own Association Pension Plan; and WHEREAS, to avoid this inequitable result, the Association's Board of Trustees supports the pursuit of special legislation exempting their members from PERA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to pursue the special legislation by adopting the proposed legislation attached to this resolution as Exhibit A; and BE IT FURTHER RESOLVED that the City Clerk is directed to prepare sufficient certified copies of this resolution and transmit them to the appro- priate officials at the State Legislature. ATTEST: Attachment Date Mayor 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. • • A bill for an act relating to retirement; excluding volunteer firefighters in the City of Brooklyn Center from membership in the Public Employees Retirement Association pension funds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA Exhibit A Section 1. (Brooklyn Center Volunteer Firefighters) Notwithstanding any law to the contrary, a volunteer firefighter serving with the Brooklyn Center Fire Department shall be excluded from the definition of "public employee" in Minnesota statutes, section 353.01, subdivision 2 for activities undertaken as part of volunteer firefighter duties. Compensation paid to a Brooklyn Center volunteer firefighter for volunteer firefighting duties shall be excluded from the definition of "salary" in section 353.01, subdivision 10. A Brooklyn Center volunteer firefighter shall not be a member of the public employees police and fire fund as a result of volunteer firefighting duties. 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere James J. Thomson, Jr. Thomas R. Galt Steven B. Schmidt John G. Kressel James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Corrine A. Heine III D. Beaudoin M. Tallen rances Skala Leslie M. Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Arden Fritz - Clayton L. LeFevere, Retired Herbert P. Lefler, Retired • LeFevere Lefler Kennedy O'Brien gc Drawz a Professional Association Mr. Paul W. Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Brooklyn Center Fire Dept. Relief Association Proposed Repeal of Special Legislation Dear Paul: March 9, 1989 This letter confirms our various conversations and my recommendation that the city support a bill which would repeal all of the special legislation applicable to the Brooklyn Center Fire Department Relief Association ( "As- sociation"). During 1967, the city council supported and the Minnesota legislature adopted special legislation for the Associa- tion (cited as Minnesota Laws of 1967, Chapter 815) which effectively permitted the Association to pay retirement benefits in excess of the amounts then permitted under the general legislation applicable to volunteer fire relief associations. In 1978, the city council supported an amendment to the 1967 special legislation which once again permitted the Association to exceed the benefit limitations of the original 1967 special legislation. The 1978 special legislation is cited as Minnesota Laws of 1978, Chapter 683, Sections 1 -8. In 1979, the legislature restructured all of the pension laws applicable to volunteer fire relief associations and adopted new general legislation cited as Minnesota Stat- utes Chapter 424A. At the same time the new general legislation was adopted in 1979, the legislature also repealed a portion of the 1967 special legislation in Minnesota Laws of 1979, Chapter 201, Section 44. The 1979 general legislation now provides for benefit levels in excess of the original 1967 special legislation and all subsequent amendments. Unfortunately, there is • • • Mr. Paul W. Homlund March 9, 1989 Page 2 considerable conflict between Chapter 424A and the amended 1967 special legislation.• As you know, this conflict has been the source of considerable confusion over the past 10 years. We feel that Chapter 424A was intended by the legislature to supersede completely the special legislation which had previously been adopted for the benefit of the Associa- tion. Chapter 424A is comprehensive in scope and simply cannot be reconciled with various portions of the existing 1967 special legislation. Nevertheless, the existence of the unrepealed portions of the 1967 special legislation has continued to create problems of interpretation for both the city and the Association. We believe all of the 1967 special legislation should be explicitly repealed so as to eliminate any further source of confusion. With the repeal of the special legislation, there would no longer be any question that the Association and the city were governed solely by the existing general legislation which has been codified in Chapter 424A. If you have any questions concerning our recommendation, please contact us. 00071tla.h44 Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN AND DRAW Thomas R. Galt Member introduced the following resolution and moved its adoption: RESOLUTION NO. 89- RESOLUTION SUPPORTING SPECIAL LEGISLATION TO REPEAL MINNESOTA LAWS OF 1967, CHAPTER 815, PERTAINING TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION WHEREAS, during 1967, the City Council supported, and the Minnesota Legislature adopted, special legislation for the Brooklyn Center Fire Department Relief Association (Association) which effectively permitted the Association to pay retirement benefits in excess of the amounts then permitted under the general legislation applicable to volunteer fire relief associations; and WHEREAS, in 1978, the City Council supported an amendment to the 1967 special legislation which once again permitted the Association to exceed the benefit limitations of the original 1967 special legislation (Minnesota Laws of 1978, Chapter 683, Sections 1 -8); and WHEREAS, in 1979, the Legislature restructured all of the pension laws applicable to volunteer fire relief associations and adopted new general legisla- tion cited as Minnesota Statutes Chapter 424A; and WHEREAS, at the same time the new legislation was adopted in 1979, the Legislature also repealed a portion of the 1967 special legislation in Minnesota Laws of 1979, Chapter 201, Section 44; and WHEREAS, the 1979 general legislation now provides for benefit levels in excess of the original 1967 special legislation and all subsequent amendments; and WHEREAS, there is considerable conflict between Chapter 424A and the amended 1967 special legislation; and WHEREAS, this conflict has been the source of considerable confusion over the past ten years; and WHEREAS, it is the City Attorney's opinion that Chapter 424A was intended to supersede completely the special legislation which had previously been adopted for the benefit of the Association; and WHEREAS, Chapter 424A is comprehensive in scope and cannot be reconciled with various portions of the existing 1967 special legislation; and WHEREAS, the existence of the unrepealed portions of the 1967 special legislation has continued to create problems of interpretation for both the City and the Association; and WHEREAS, the repeal of the 1967 special legislation has been approved by the Association's Board of Directors. RESOLUTION NO. 89- NOW, THEREFORE, BE IT RESOLVED by the City Counci of the City of Brooklyn Center, Minnesota to support special legislation to repeal the original 1967 special legislation and its 1978 amendments; and BE IT FURTHER RESOLVED that the City Clerk is directed to prepare sufficient certified copies of this resolution and transmit them to the appropriate officials at the State Legislature. ATTEST: Date Mayor 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.