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HomeMy WebLinkAbout1987 09-01 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 1, 1987 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Public Hearing: (7 p.m.) a. Public Hearin g Y g on Annual City Budget *7. Approval of Minutes - August 24, 1987 - Regular Session 8. Resolution: *a. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 09/01/87) *b. Establishing Improvement Project No. 1987 -20 (Rehabilitation of Well Houses No. 5 and No. 6) and Approving Agreement with Roger Johnson - Richard Smith Architects, Inc. to Provide Professional Services Relating to this Project 9. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes -This ordinance was first read on August 10, 1987, published in the City's official newspaper on August 20, 1987, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901 -This ordinance was first read on August 10, 1987, published in the City's official newspaper on August 20, 1987, and is offered this evening for a second reading. CITY COUNCIL AGENDA -2- September 1, 1987 c. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land -This item changes zoning classification to allow for the Maranatha Addition. This item was first read on July 27, 1987, published in the City's official newspaper on August 6, 1987, and was offered for a second reading on August 24, 1987. A public hearing was opened on August 24, 1987, and continued to this evening's meeting. d. An Ordinance Vacating Part of the Utility and Drainage Easement in Lot 3, Block 1, Donnay's Brook Lyn Gardens 4th Addition -This ordinance is offered this evening for a first reading. 10. Proclamation Declaring September 17 -23, 1987, as Constitution Week 11. Discussion Items: a. Discussion of Proposed New Charitable Gambling Regulations 1. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Charitable Gambling 2. An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Establishments b. Appointment to Convention Bureau C. League of Minnesota Cities Position Papers d. Appointment to Intergovernmental Advisory Committee (IAC ) and Corridor Advisor Committee mmittee (CAC)- Hennepin County Regional Railroad Authority *12. Licenses 13. Adjournment 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 AUGUST 24, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda, and no requests were made. APPROVAL OF MINUTES - AUGUST 10 1987 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the minutes of the August 10, 1987, City Council meeting. The motion passed unanimously. FINAL PLAT APPROVAL - MARANATHA ADDITION There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the final plat for the Maranatha Addition. The motion passed unanimously. PERFORMANCE BOND REDUCTION - BROOKDALE CORPORATE CENTER III 6160 SUMMIT DRIVE There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the performance bond reduction for Brookdale Corporate Center III, 6160 Summit Drive. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -164 Member Rich Theis introduced the following resolution and moved its adoption: n 8 -24 -87 -1- RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -G (1987 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1987 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -165 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 08/24/87) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Bridgeman's 1272 Brookdale Center 1 Potato 2 1319 Brookdale Center GARBAGE AND REFUSE COLLECTOR'S VEHICLE LICENSE Aagard Sanitation P. 0. Box 14845 Waste Management- Blaine 10050 Naples Street NE NONPERISHABLE VENDING MACHINE LICENSE Car -Del Vending, Inc. 2550 Kasota Avenue J. R. Vending 5312 Perry Avenue North RENTAL DWELLING LICENSE Renewal: Clinton Sawinski 5918 Dupont Avenue North Lyndon and Carole Carlson 5819 Halifax Avenue North Leslie Reinhardt 5713 Humboldt Avenue North Patricia Zawislak 5543 Judy Lane Kristin Norstad 4201 Lakeside Avenue N. #103 John and Elizabeth Hass 4201 Lakeside Avenue N. #306 Gary and Nancy Clark 4207 Lakeside Avenue N. #239 Henry Ulhorn 5207 E. Twin Lake Boulevard Joseph Kennedy 509 - 61st Avenue North Outreach Group Homes, Inc. 507 - 69th Avenue North The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposal and Awarding Contract for Refurbishing Work at the East Fire Station and at the West Fire Station /Liquor Store No. 2 (Project No. 1987 -18). The Director of Public Works stated bids for this project were opened on Friday, August 21, 1987. He noted five contractors requested plans and specifications for this project but only Q 8 -24 -87 -2- one bid was received. He stated staff feels the bid received is a reasonable bid and recommends accepting the proposal. RESOLUTION NO. 87 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR REFURBISHING WORK AT THE EAST FIRE STATION AND AT THE WEST FIRE STATION /LIQUOR STORE NO. 2 (PROJECT NO. 1987 -18) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Rejecting Bid for Refurbishing Work in the Police Department (Project No. 1987 -19). The Director of Public Works stated only one proposal was received for this project, and staff feels the bid amount is much too high for the work required. Councilmember Lhotka inquired what work was left in the police department. The City Manager stated it was mostly painting which needed to be completed. RESOLUTION NO. 87 -167 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REJECTING BID FOR REFURBISHING WORK IN THE POLICE DEPARTMENT (PROJECT NO. 1987 -19) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Establishing Improvement Project No. 1987 -20 (Rehabilitation of Well Houses No. 5 and No. 6) and Approving Agreement with Roger Johnson - Richard Smith Architects, Inc. to Provide Professional Services Relating to this Project. He noted the Director of Public Works has some slides showing the two structures and the deterioration. The Director of Public Works went on to review the slides and the condition of well house No. 5, 7001 Camden Avenue North. He noted well house No. 5 has serious roof leakage problems and deteriorated exterior wood siding. He noted some minor modifications are needed to provide safety improvements recommended by the Minnesota Department of Health and by OSHA. Councilmember Theis inquired if the roof has to be replaced exactly as it is now. The Director of Public Works stated it would be more economical to replace it as it is than it would be to redesign it. Councilmember Scott inquired what type of exterior siding would be used. The Director of Public Works stated it would be redwood or cedar siding. Councilmember Lhotka inquired if there was a real need for an architect on this well house. The Director of Public Works stated an architect would be very helpful in deciding the type of insulation to be used on this building and the final plans for the roof slope. He added an architect would not be required for this project, but if one is being hired for well house No. 6 he may as well look at well house No. 5 also. The Director of Public Works went on to review well house No. 6, 1207 69th Avenue North. He noted well house No. 6 has severe roof leakage and roof i 8 -24 -87 -3- deterioration problems and also severe moisture - entrapment problems in many of the upper wall and roof areas. He added the exterior building design provides two excellent hiding areas which encourage vandalism. The Director of Public Works stated originally the building was designed to house the office and garage areas for the public utility department. He stated since that department was transferred to the City garage these areas are being utilized for storage, mostly for storage of voting machines. He stated with the purchase of the City's new voting equipment this area will probably no longer be needed for this purpose. The Director of Public Works stated staff is recommending an architect be hired and that the architect consider at least three alternatives for making preliminary cost estimates. He went on to briefly review the three alternatives and noted the architect would be paid on an hourly basis. Councilmember Lhotka inquired what the architects preliminary estimate of his fee would be. The Director of Public Works stated there was no preliminary estimate at this time but he believed it would be under $5,000. Councilmember Lhotka stated he felt there should be a "not to exceed" clause in the resolution instead of giving the architect a blank check. The Director of Public Works stated from past experience staff believed the Council felt an architect or other professional will use the entire amount of money, even if the entire amount is really not necessary, if a "not to exceed" clause is included in the resolution. A brief discussion then ensued regarding various approaches which could be used in having the architect give an estimate to the City. The Director of Public Works stated he believed $3,000 to $5,000 is a reasonable estimate for the architect to do an analysis of the project. He stated he did not feel the City would be giving the architect a blank check by passing this resolution. He added there comes a point where the staff and Council must have confidence in the architect or other professional and believe he will do a reasonable and professional job in a reasonable period of time. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table this item until September 1, 1987, to allow the architect time to give the City a "not to exceed" figure. The motion passed unanimously. Councilmember Scott stated she would like the City Manager to find out how much money has been spent on architectural fees over the past year. The City Manager presented a Resolution Approving Adjustments to the 1987 Budget of the North Metro Convention and Tourism Bureau. The City Manager stated the adjustments being made to the budget were basically adjustments to certain line items. He noted when the budget was actually prepared for 1987 the North Metro Convention and Tourism Bureau had no idea of what the actual revenues and expenditures would be. RESOLUTION N0. 87 -168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADJUSTMENTS OF THE 1987 BUDGET OF THE NORTH METRO CONVENTION AND TOURISM BUREAU 8 -24 -87 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Approving Agreement between the City of Brooklyn Center and the Convention and Visitors Bureau. He stated there have been some basic changes to the original agreement and noted one change has to do with adjustments and modifications to the budget. He stated after this agreement is approved the budget could be adjusted by a two - thirds vote of the Board of Directors, and the participating City Council would not have to be involved. RESOLUTION NO. 87 -169 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CONVENTION AND VISITORS BUREAU AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Nyquist inquired what type of City representation was on this board. The City Manager stated the City appoints one representative and the chamber also appoints one representative. He noted Councilmember Hawes has been the representative on the Board of Directors. Councilmember Hawes stated he has recently resigned from this position because of new employment. Mayor Nyquist inquired if the Council should appoint someone to replace Councilmember Hawes. The City Manager responded affirmatively. There was some discussion as to the normal meeting dates and times and there was a general consensus that the appointment of a representative to the North Metro Convention and Tourism Bureau Board of Directors would be laid over until the September 1, 1987, meeting. The City Manager stated he would inform the Council of the normal meeting date and time for this Board of Directors. PUBLIC HEARING REGARDING CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY The City Manager noted a public hearing has been scheduled this evening regarding the creation of an Economic Development Authority. He noted in order to operate the Earle Brown Farm it would be easier to gain legal authority by creating an EDA and abolishing the HRA. He stated the EDA can do everything an HRA can plus more. He noted Dave Kennedy from the City attorney's office is available this evening for any questions the Council may have. Mr. Kennedy stated the City attorney's office was uncomfortable with the HRA performing the duties that will be required to operate the Earle Brown Farm. He stated the EDA can easily and legally perform the duties of operating the Earle Brown Farm and all other future ro'ects p � He stated the HRA will not actually be abolished because there is no statutory way of dissolving the HRA. In the future the Council will meet as the EDA, but the HRA will continue to exist for the purposes of past projects. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding creation of an Economic Development Authority. He inquired if there was anyone in the audience who wished to address the Council. No one requested to speak and he entertained a motion to close t'�e public hearing. a 8 -24 -87 -5- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing. The motion passed unanimously. RESOLUTION NO. 87 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning. He noted this amendment is a housekeeping change incorporating Section 35 -200 into Section 35 -202. He added this item was first read on July 13, 1987, published in the City's official newspaper on August 13, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning. The motion passed unanimously. ORDINANCE NO. 87 -09 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ZONING The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions. He noted this ordinance would allow nonlicensed personnel (code enforcement officers, health department personnel, and building inspectors) the authority to issue citations. He added this item was first read on July 27, 1987, published in the City's official newspaper on August 6, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions, and he inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 0 8 -24 -87 -6- There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Adding Chapter 18 Regarding Authority of Personnel to Issue Citations and Specified Conditions. The motion passed unanimously. ORDINANCE NO. 87 -10 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING CHAPTER 18 REGARDING AUTHORITY OF CERTAIN PERSONNEL TO ISSUE CITATIONS AND SPECIFIED CONDITIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this item would change the zoning classification to allow for the Maranatha Addition. He stated generally the City does not hold a second reading on the rezoning of certain land until the final plat has been filed. He noted in this case the final plat has not yet been filed and staff recommends the public hearing be opened and continued to the September 1, 1987, City Council meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to continue the public hearing to the September 1, 1987, City Council meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land to the September 1, 1987, City Council meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:13 p.m. and reconvened at 8:30 p.m. DISCUSSION ITEMS PROPOSED AGREEMENT WITH MNDOT FOR DISPOSAL OF SURPLUS RIGHT -OF -WAY BEHIND NOISE WALLS AND NOISE MOUNDS ALONG I -94 The City Manager stated the Director of Public Works has been working with MNDOT on an agreement for .disposal of surplus right -of -way behind noise walls and noise mounds along I -94. The Director of Public Works stated the City has encouraged interested property owners and MNDOT to come to an agreement regarding the transfer of surplus right -of -way to the adjoining property owners. He noted MNDOT must follow both State and Federal regulations when they transfer properties to adjoining owners. He stated several times MNDOT has tentatively agreed to sell properties to an adjoining owner only to have negotiations collapse due to excessive red tape, MNDOT appraisals of land values which prove unacceptable to the potential buyers, and other obstacles. He stated in order 8 -24 -87 -7- to resolve this impasse, he contacted MNDOT's district 5 right -of -way engineer to attempt to develop a workable solution to this problem. The Director of Public Works went on to review transparencies of the various parcels involved and their benefit to adjoining property owners or the City. He stated staff does not recommend the City purchase any properties which are located between a City street and the noise wall or mound because the City would receive no benefits from these properties. He added staff does not recommend proceeding with the platting procedure for each property unless an adjoining property owner shows genuine interest in the lot. Councilmember Theis inquired what the advantage is to the adjoining property owners of having this property in their name versus MNDOT's name. The Director of Public Works stated in some cases there is no real advantage unless the property owner needs extra square footage for accessory structures on his property. Councilmember Scott stated several residents in the area would prefer to extend their fence lines back to the noise wall or mound but feel they should not do this unless the property actually belongs to them. She noted there is a lot of cut - through traffic in this area and residents would like to keep these people out of their back yards. The Director of Public Works added MNDOT has told property owners they can extend fences back to the noise wall or mounds without owning the property. However, most property owners are unwilling to do this because of the liability it may create and because they are unsure of future plans of MNDOT. Councilmember Scott inquired if it would be passible to have MNDOT pay their share of the platting and surveying costs for the three developable parcels of property which MNDOT proposes to retain. The Director of Public Works stated the fact that the City would pay for the platting and surveying costs for the three developable parcels of property is what sold the deal to MNDOT. Discussion then ensued regarding the various courses of action which could be taken regarding these properties. There was a general consensus that the first step which needed to be taken was to have the parcels surveyed and legal descriptions developed for the properties. RESOLUTION NO. 87 -171 Member Celia Scott introduced the followin g resolution and moved its adoption: tion• RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -21 (SURVEY AND PLATTING OF SURPLUS MNDOT RIGHT -OF -WAY ALONG INTERSTATE HIGHWAY I -94) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. SEPTEMBER COUNCIL MEETING CALENDAR The City Manager noted because the Labor Day Holiday falls later in the month than usual a rather unusual Council meeting schedule has been set up for September. He noted the regularly scheduled meetings are September 1, which is a Tuesday evening, and September 14. He noted because the issue of the Bill Kelly house will be scheduled for the September 14, 1987, City Council meeting, he is recommending the City Council -eet on Wednesday, September 9 198 7 Y P , to 8 -24 -87 -8- continue the budget hearing process. He added if an additional meeting is needed for the budget hearings Monday, September 21, 1987, has also been scheduled. There was a general consensus among Councilmembers to meet on Wednesday, September 9, 1987, to continue the budget hearing process and if an additional day is needed for budget review they will meet on Monday, September 21, 1987. LEAGUE OF MINNESOTA CITIES MEETING The City Manager noted Councilmembers had received a copy of the issue papers for the 1987 regional meetings, and he inquired if the Council wishes to vote individually or as a group on these issues. Councilmember Lhotka stated after briefly reviewing the issue papers he believes the voting should be done individually because it could take several meetings for the Council to come to a general consensus regarding some of these issues. The City Manager stated these issues could be discussed further at the September 1, 1987, City Council meeting, and the City Council could vote individually after the meeting. OTHER BUSINESS PERSONNEL AGREEMENT NO. 470 -30 -1734 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott authorizing the Mayor and City Manager to sign personnel agreement No. 470 -30- 1734. The motion passed unanimously. Councilmember Scott stated she believed a letter of recognition should be sent . to the City's newest police officer, John Rayl, and his police dog since they placed first in regional competition. There was a motion by Councilmember Scott and seconded by Councilmember Theis to send a letter of recognition to Officer John Rayl, Jr. for placing first in the 1987 Regional Police Dog Trail competition. The motion passed unanimously. Mayor Nyquist stated he had received a letter from John Derus, Chairman of the Hennepin County Regional Railroad Authority. The letter states three committees will be formed to prepare a comprehensive LRT system plan. He noted the letter requests that affected communities appoint people to these committees. He added the letter does not go into great detail regarding the duties and goals of each committee and the amount of time which is expected of the committee members. Councilmember Lhotka stated he would like to volunteer to be on the Intergovernmental Advisory Committee. There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Councilmember Lhotka to the Intergovernmental Advisory Committee. The motion passed unanimously. The City Manager stated he would have someone contact John Derus' office for more information regarding the Corridor Advisory Committee. He noted the Hennepin County Regional Railroad Authority has asked that four citizens from the northwest area be appointed. Mayor Nyquist stated he felt citizens should be asked if they are willing to commit some time to this project before they are appointed. The City Manager stated he would have more information regarding this committee by the September 1, 1987, City Council meeting. 8 -24 -87 _g_ ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:26 p.m. City Clerk Mayor 8 -24 -87 -10- Fol, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE R EMOVAL OF DISEASED SHADE TREES (ORDER NO DST 9/1/87*) WHEREAS, a Notice to Abate Nuisance and Diseased Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased shade trees on the owners' property; and WHEREAS, the City can expedite the removal of diseased shade trees by declaring diseased shade trees a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER VERNON J KOKESH 6435 BRYANT AVENUE N 224 DENNIS L POULIOT 5224 HOWE LANE 240 DAVID A CHRISTIANSON 5225 HOWE LANE 241 GLENN E QUALLE 6930 REGENT AVE N 242 T & C HARTMANN 1300 68TH LANE N 243 G & R HORNER 3712 53RD PLACE N 244 G & R HORNER 3712 53RD PLACE N 245 DAVID SHORE 6132 ALDRICH AVE N 246 C & E BEAN 6924 GRIMES AVE N 247 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -20 (REHABILITATION OF WELLHOUSES NO. 5 AND NO. 6) AND APPROVING AGREEMENT WITH ROGER JOHNSON - RICHARD SMITH ARCHITECTS, INC., TO PROVIDE PROFESSIONAL SERVICES RELATING TO THIS PROJECT WHEREAS, the Director of Public Works has advised the City Council that substantial rehabilitation work needs to be accomplished in order to protect the facilities at Wellhouses No. 5 and No. 6; and WHEREAS, the Director of Public Works has obtained a proposal from the firm of Roger Johnson - Richard Smith Architects, Inc. to provide all professional design services needed to develop a preliminary analysis, studies, and estimates of construction costs of the proposed improvements at a cost not to exceed $4,300.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: REHABILITATION OF WELLHOUSES NO. 5 AND NO. 6 IMPROVEMENT PROJECT NO. 1987 -20 2. The proposal for professional services for development of a preliminary study and cost estimates as submitted by Roger Johnson - Richard Smith Architects, Inc. at a cost not to exceed $4,300.00 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to execute an agreement with that firm for these services. 3. The accounting for this project will be done in the Public Utilities Fund. All project costs shall be charged to that fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 27, 1987 RE: Architectural Services for Rehabilitation of Wellhouses No. 5 and No. 6 As requested by the City Council at the August 23rd meeting, the firm of Roger Johnson - Richard Smith Architects, Inc. has submitted a statement wherein they estimate that the costs for preliminary studies and development of construction cost estimates "will not exceed" $4,300.00. A resolution approving their proposal on this basis is provided for consideration b y Y the City Council. Respectfully submitted, Sy pp, Director of Public Works ROGER JOHNSON - RICHARD SMITH ARCHITECTS INC. 219 NORTH SECOND STREET / MINNEAPOLIS, MINNESOTA 55401 / 612. 338 -4241 August 26, 1987 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Proposal for Architectural /Engineering Services Wellhouses No's. 5 and 6 Dear Mr. Knapp: This is to confirm our telephone conversation on this date in which I quoted you a not -to- exceed figure of $4,300 to conduct preliminary investigations and prepare a report, preliminary designs and preliminary cost estimates for the work on Wellhouses No's. 5 and 6 under the scope of work described in our letter of August 20, 1987. Time would be billed on an hourly basis based on the rates included in our August 20, 1987 letter. We have estimated time on the project as follows: Principals Draftsmen Clerical Investigations & Report 16 4 2 Preliminary Studies 12 22 - Cost Estimates 10 2 2 TOTALS 38 28 4 The not -to- exceed price includes a small amount for engineering input at the preliminary stage. This not -to- exceed price is based on the assumption that cutting and patching as required to conduct the investigations would be done by the Owner's staff. It also assumes that sketches would be required for the alternatives on complete roof replacement and garage demolition but would not be required for retaining and repairing the present roof system. cere , µ ichard H. Smith CITY 6301 SHINGLE CREEK PARKWAY OF B BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: August 19, 1987 RE: Rehabilitation of Wellhouse No. 5 and No. 6 Two of the City's wellhouses (ie - wellhouse No. 5 - located at 7001 Camden Avenue North and wellhouse No. 6 - located at 1207 69th Avenue North) have deteriorated to a condition where substantial rehabilitation is needed. Both of these wellhouses were constructed in 1967 and have been provided routine maintenance and periodic special maintenance (ie - repainting, repairs, etc). However, a review and inspecton of these structures indicates the following. Wellhouse No. 5 (7001 Camden Avenue) has serious roof leakage problems and deteriorated exterior (wood) siding. In addition, some minor modifications are needed to provide safety improvements recommended b y the Minnesota Department of Health and by OSHA. If new siding is to be installed, insulation should be added to the (now uninsulated) exterior walls. Wellhouse No. 6 - (1207 69th Avenue North) has severe roof leakage and roof deterioration problems (a small portion of the roof caved in during the heavy rainstorm which occurred in late July) and has severe moisture - entrapment problems in many of the upper wall and roof areas. This moisture problem, combined with an abundance of windows (which experience frequent breakage), results in poor energy efficiency for the HVAC systems. The exterior building design provides two excellent hiding areas which encourage vandalism. Again, some minor modifications are needed to provide safety improvements as recommended by the Minnesota Department of Health and by OSHA. j -tN� � August 19, 1987 Page 2 This building is substantially over - designed for its current use. The office and garage areas which occupy approximately 70% of the total floor area formerly served as the headquarters for the Public Utility Department. Since that department was transferred to the City Garage these areas are being utilized for storage - mostly for storage of voting machines. This area probably will no longer be needed for this purpose when the City's new voting machines are purchased. Accordingly, I recommend that the first phase of a rehabilitation study consider at least these alternatives, i.e.: Option 1 - Restore building to original configuration (but treating the old office area as a storage area); Option 2 - Restore entire building, but with a different roof design; and Option 3 - Reduce size of building, and restore the remaining portion. After preliminary cost estimates are received for each of these options, they will be reviewed in relation to anticipated future use(s) of the building, before proceeding with final project design based on the option selected. Selection of Architectural firm This project requires that the designer have experience in the following areas: - restoration of an existing structure; - correction of serious design deficiencies relating to moisture control in the walls and roofs; - special problems associated with architecturally designed roofs (i.e. - portions of the existing roofs are flat, while other portions have a very steep pitch); - special considerations relating to the use of these buildings as pumphouses (i.e. - heat generated by the large motors, moisture control in the pump room, chemical reactions to materials used in the chemical -feed room, OSHA regulations and Minnesota Department of Health regulations); - evaluation of the energy efficiency of the buildings and their HVAC systems. At the time when City Staff reviewed the qualifications and interviewed firms for the design of the Community Center project, one of the firms interviewed was that of Roger Johnson - Richard Smith Architects, Inc. Although the interview panel selected another firm for that project, we noted that this firm had extensive experience and credentials in the design of remodeling projects - especially including many public works facilities, and agreed that they should be considered when the City had that type of project. o August 19, 1987 Page 3 Accordingly, I have met with Richard Smith to review the proposed improvements in detail and requested that they submit a proposal to provide all professional design service needed in conjunction with the proposed improvements. A copy of their proposal is attached. My review of that proposal indicates that it is complete, that it demonstrates a full understanding of our needs, and that the proposed fees are reasonable and appropriate for this project. The proposal provides for hourly fees to be charged during ing the preliminary study phase of the project. Once the scope of the work is finalized, a lump sum fee is to be negotiated. City staff would plan to submit for the preliminary report, along with our recommendations for selection of the alternative to be used, and the final negotiated contract with the architects to the City Council for approval before proceeding. Accordingly, I recommend acceptance of that proposal. A resolution establishing the project and approving an agreement with Roger Johnson - Richard Smith Architects, Inc. is submitted for consideration by the City Council. Respectfully submitted, Sy K pp Director of Public Works SK/n1 a ROGER JOHNSON - RICHARD SMITH ARCHITECTS INC. 219 NORTH SECOND STREET / MINNEAPOLIS, MINNESOTA 55401 / 612- 338 -4241 August 20, 1987 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp: We were pleased to receive your invitation to submit a proposal for _ architectural /engineering services to design restoration and repairs for Well Houses No.'s 5 and 6 for the City of Brooklyn Center. We understand the scope of our work would be to provide complete design services including preliminary designs, contract documents and specifications and contract administration which would include bidding, shop drawings, processing of pay requests and site observations. The specifics of the work to be included would consist of the following: Well House No. 6 1. Provide three alternative studies and preliminary cost estimates for repair of the roof structure. These alternatives would include: a. Complete roof and roof structure replacement with a new roof design compatible with the building and community. b. Replacement of deteriorated roof areas, salvaging portions of the roof structure where possible. This would include blocking up unneeded windows which are a vandalism problem and resurfacing of the exterior of the building above the ceiling line. c. A combination of items "a" and "b" above which would address demolition of the garage which is no longer needed. 2. Evaluation and recommendations on retaining or replacing the exterior siding. 3. Modifications, removal or replacement of the screen walls at the west and north sides of the structure. 4. Correction of the deficiencies in the Chlorine Room cited by the Public Health Engineer in his letter of September 18, 1986. 5. Restoration or replacement of interior finishes as required. 6. The addition of mechanical ventilation in the pump room to control temperatures and humidity. Page 2 Well House No. 5 1. Replacement of roofing. (Roof structure does not appear to have the same problems as Well House No. 6.) 2. Replacement of the exterior siding above the ceiling line. 3. Evaluation and recommendation on retaining or replacing the exterior siding. 4. Removal, repair or replacement of the screen walls on the north and south sides of the building. 5. Replacement of cracked and settled concrete stoops at entrances. 6. Replacement of deteriorated exterior doors and frames. 7. Removal and blocking up of windows which are not needed and are a vandalism problem. 8. Correction of the deficiencies in the Chlorine Room cited by the Public Health Engineer in his letter of September 18, 1986. 9. Restoration or replacement of interior finishes as required. 10. The addition of mechanical ventilation in the pump room to control temperatures and humidity. We would propose to provide the preliminary studies and preliminary cost estimates on an hourly basis. Once the scope of the work has been finalized we would propose to negotiate a lump sum fee based on the alternative selected. Our hourly rates are as follows: Principals $75.00 Draftsmen $38.00 Clerical $32.00 Consultants Direct Cost Reimbursables (printing, Cost x 1.10 binding, postage, etc.) Subject to your acceptance we would propose to use Meyer, Borgman and Johnson as the structural engineering consultants and Gausman & Moore, Inc. for mechanical and electrical engineering. We understand that time is critical in the completion of this work and that it is desired to have the roofing work completed before winter. If this becomes impossible, temporary shoring and patching will be required to make the building serviceable until spring. We will do everything possible to assist you in attempting to get the construction completed before winter. We would again like to thank you for the invitation to submit this proposal and hope that you find it acceptable. incerely Accepted by the City of Brooklyn Center: Approved by City Council Date Approved by Mayor Richard H. Smith Date Approved by City Manager Date CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1st day of September , 198?, at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 Regarding Nursing Homes and: Boarding Care Homes. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 REGARDING REQUIREMENTS FOR NURSING HONES 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 manner: Section 35 -313. R4 MULTIPLE FAMILY RESIDENCE DISTRICT. 3. Special Uses. a. Nursing care homes, (at not more than 50 beds per acre) , maternity care homes, boarding care homes, provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -314. R5 MULTIPLE FAMILY RESIDENCE DISTRICT. 3• Special Uses. a. Nursing care homes, (at not more that 50 beds per acre), maternity care homes, boarding care homes, provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -320. C1 SERVICE /OFFICE DISTRICT I. Permitted Uses The following service /office uses are permitted in the C1 district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre) , maternity care homes, child care tomes, boarding care homes, provided, however, that such institutions shall, where required by state law, or regulations of - -he licensing authority, be _Licensed by the appropriate state or zunicipal authority. ORDINANCE NO. Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 8. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree ,species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. Section 35 -411. SPECIAL REQUIREMENTS IN C1 AND C1A DISTRICTS. 7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). �b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1st day of Septerber 1987, at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -3440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 REGARDING NURSING HOMES AND BOARDING CARE HOMES AND A HOUSEKEEPING CHANGE TO SECTION 23 -901 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 -901 is hereby amended as follows: Section 23 -901. LICENSE REQUIREMENTS. Any person, firm or corporation desiring to place and maintain one or more courtesy benches for the convenience of persons waiting for street cars and buses at any place in the City of Brooklyn Center, upon the public streets of the City, may be granted a license therefor upon the following conditions: e. All licenses shall expire as of the 1st day of January next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any license, the holder may make written application for renewal thereof, accompanied by the [seven dollar ($7)] license fee in an amount as set forth by City Council resolution. If plans and specifications of the bench, or advertising matter, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal license is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located granted to the License holder the continuing right to maintain such bench, the application may so state, and renewed consent shall not be required. Section 2. Chapter 23 of the City Ordinances is hereby amended by the repeal of the following: NURSING HOMES AND BOARDING CARE HOMES [ Section 23 -1400. STATEMENT OF POLICY. The City Council deems it necessary to the welfare of the community that nursing homes and boarding care homes be regulated and licensed locally to promote the highest levels of environment, health care, and safety and to preserve the dignity of resident - patients thereof. It is the intention of this ordinance to supplement the Minnesota Regulations for Nursing Homes and Boarding Care Homes. ORDINANCE NO. [ Section 23 -1401. ADOPTION OF MINNESOTA BOARD OF HEALTH, REGULATIONS FOR NURSING HOMES AND 30ARDING CARE HOMES. These documents, three co of which are on file in the office of the City Clerk, being identified as Sections 10551 through 10619 of Article V (1963) edition of the Minnesota Department of Health. Regulations for Nursing Homes and Boarding Care Homes are hereby adopted by reference and all terms of said regulations are made a part of this ordinance as if fully set forth herein. [ Section 23 -1402. ADOPTION OF MINNESOTA FIRE SAFETY CODE FOR NURSING HOMES AND BOARDING CARE HOMES. Those documents, three copies of which are on file in the office of the City Clerk, being identified as Article I, Chapter 3, Title IV of the State Fire Code entitled "Fire Safety Code for Nursing Homes and Boarding Care Homes" 1959 edition, are hereby adopted by reference and all terms of said code are made a part of this ordinance as if fully set forth herein. [ Section 23 -1403. LICENSE REQUIRED. It shall be unlawful for any person, partnership, association, or corporation to conduct, operate or maintain or permit to be conducted, operated, or maintained or to participate in the conduct, maintenance, or operation of a nursing home or a boarding care home within Brooklyn Center unless the City Council has issued a valid license therefor which is in full force and effect. [ Section 23 -1404. APPLICATION FOR LICENSE. Application for a license hereunder shall be submitted to the City Council through the City Clerk in such form and manner as the City Clerk may prescribe. [ Section 23 -1405. INVESTIGATION ON RECEIPT OF APPLICATION. Upon receipt of an application for a license hereunder, the City Manager shall seek to verify the information submitted in the application and cause an investigation to be made of the applicant's background and experience, including a review of any other such facilities developed or operated by the applicant in the State of Minnesota. [ Section 23 -1406 ISSUANCE OF LICENSE. The City Council may issue a license to operate a nursing home or a boarding care home to an applicant who possesses a valid license issued by the Minnesota Health Department and who demonstrates potential ability to adequately operate a nursing home or boarding care home and who is or will be adequately equipped q y to conduct, operate and maintain facilities that conform to the requirements of this ordinance. The license, when issued, shall designate the maximum number of resident - patients to be accommodated within the nursing home or boarding care home and this maximum shall at no time be exceeded. Licenses shall not be transferable either as to place or person. [ Section 23 -1407 LICENSE EXPIRATION AND RENEWAL. All licenses issued under this ordinance shall expire on December 31 of each year. License renewal applications shall be filed with the City Clerk prior to December 1 of each year. [ Section 23 -1408. LICENSE FEES. The fee for a nursing home or boarding care home license shall be as set forth by City Council resolution. ORDINANCE NO. [ Section 23 -1409. RESIDENT RECORDS REQUIRED. Every licensee hereunder shall provide and maintain a record setting forth the following facts concerning each resident - patient received, cared for, or accommodated: Name; last previous address; age; date of admission; next of kin; name and address of the person responsible for the care and maintenance; name of resident- patient's attending physician; all written or verbal orders of the resident - patient's attending physician and the date on which such orders were given; date of discharge or death; cause of death. [ Section 23 -1410. RECORD OF EMPLOYEES. Every licensee shall maintain a continuous record setting forth the following facts concerning each nurse; attendant, or other employee; name; age; date employment began in the licensed nursing home or boarding care home; present and last previous address; name and address of employers during the preceding five year period; position and duties; if employed as a nurse, date and number of State registration; date employment terminated; reason for termination. Such record shall be open to inspection by the City Manager or his representative. [ Section 23 -1411. LICENSE REVOCATION. Following reasonable written notice and opportunity for a licensee to appear before the City Council to be heard, the City Council may revoke or suspend any license issued hereunder if it is determined: that the licensee has failed to comply with the requirements of this ordinance; that the licensee has failed to comply with the requirements of other applicable City ordinances; that the licensee perpetrated fraud or misrepresentation in obtaining the license or in keeping the required records; that the licensee engages in, or permits, conducts or practices detrimental to the welfare of the resident - patients. Upon suspension or revocation o P P f a license it shall 0 be unlawful for the licensee to thereafter accept new resident- -patients until such h time as the license may be restored. License revocation or suspension may be invoked in addition to any other penalties provided by law. [ Section 23 -1412. ADMINISTRATION AND ENFORCEMENT. The terms and provisions of this ordinance shall be administered and enforced by the City Manager and those he authorizes as his representatives. [ Section 23 -1413 STANDARDS OF CONSTRUCTION, OPERATIONS, AND MAINTENANCE. Subdivision 1. Location and Site A. Nursing care and boarding care homes must be located in appropriate zoning districts as comprehended by Chapter 35 of the City Ordinances. B. Nursing homes and boarding care homes located in R2, R4 or R5 zoning districts must conform to relevant provisions of Chapter 35 of the City Ordinances and to subdivisions 1 through 5 of Section 35 -410 of the City Ordinances. C. Nursing homes and boarding care homes located in Cl or C1A zoning districts must conform to relevant provisions of Chapter 35 of the City Ordinances and subdivisions 1 through 5 of Section 35 -411 of the City Ordinances. ORDINANCE N. D. Site landscaping for nursing homes and boarding care -homes shall include six inch diameter or larger trees (as measured four feet above the ground line) to the extent of one such tree for each fourteen beds or portion thereof: Tree species shall be long - lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. E. Nursing home and boarding care home site density shall not exceed 50 beds per acre. F. Nursing home and boarding care home site open space shall be provided and developed in a manner so as to encourage the safe and secure use by resident - patients of the facilities. Subdivision 2. Required Characteristics of the Physical Plant A. Resident- Patient Use Areas l.Resident- patient rooms a. At least 85% of resident - patient beds shall be in rooms containing no more than two beds per room. Any other resident - patient beds shall be in rooms containing four beds per room. b. The minimum resident - patient room area exclusive of closets, toilet rooms, lockers, wardrobes, etc. shall be 100 square feet per bed. ed. c. The minimum window area in a resident- patient room shall be 15 square feet t per bed, with the sills not more than two feet six inches above the floor. d. A privacy device (cubicle curtain or equivalent) shall be provided for each bed in a resident - patient room. e. An electrical call system signaling device shall be provided conveniently at each bed to summon attendants. 2. Resident - patient toilet and bathroom facilities. a. At least one toilet room shall be provided for each four beds. Toilet rooms shall be directly accessible from each resident - patient room without going through a general corridor. b. Doors to resident - patient toilet rooms shall be a minimum of three feet wide to permit maneuvering of wheelchairs. C. Resident - patient water closets must have grab bars and must be conveniently usable by wheelchair resident - patients. d. Nonskid floor surfaces shall be provided. o ORDINANCE NO. e. An emergency call system signaling device shall be conveniently located in each resident - patient toilet and bathroom. t. A central shower or a freestanding tub (the sides of -which are not coincident to a wall) shall be provided for each twenty resident- patient beds. 3. Day -room Lounges. a. Resident- patient day -room lounge space shall be provided remote from main entrances to the building and on each floor of the facility to the extent of 20 square feet per resident - patient bed on the respective floor. 4. Dining rooms. a. Resident- patient dining rooms shall be provided in addition to day -room lounges. 5. Physical maintenance therapy rooms. a. In nursing home facilities containing 150 or more beds, physical maintenance therapy rooms shall be provided and equipped. 6. Occupational therapy rooms. a. In facilities containing 150 or more beds, an occupational therapy room shall be provided and equipped. B. Nursing station area. 1. At least one nursing station shall be provided for each 60 beds or fraction thereof on each floor of the facility. 2. Each nursing station shall have proximate to it a "clean" work room containing nursing and medical supplies and a sink and work counter. 3. Each nursing station shall have proximate to it a "soiled" work room containing a clinical sink, a work counter, waste receptacles and soiled linen receptacles. 4. Nursing stations shall be conveniently proximate to staff toilet and handwashing facilities. C. Support Services Areas. 1. Food Service. a. Kitchen facilities shall be located for convenient handling of incoming food supplies, serving of meals and disposing of food wastes. - ORDINANCE NO. b. Equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, durable, in good repair, easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent. C. Traffic other than food handling operations shall not be permitted nor encouraged by design layout to pass through the kitchen facilities. 2. Laundry Facilities. a. A soiled linen room shall be provided proximate to the laundry processing room and shall be vented to the outside. b. A clean linen room shall be provided proximate to the laundry processing room. C. A laundry processing room containing commercial -type equipment shall be provided unless laundry is processed outside the facility. d. The design layout must discourage mingling of soiled and clean items through all stages of processing. 3. Maintenance and Housekeeping Facilities. a. Space shall be provided on each floor of the facility for a ventilated janitor's closet. b. Janitor's closets shall contain a service sink with hot and cold water. c. A refuse room shall be provided convenient to the service entrance. 4. General Storage. a. A minimum of 10 square feet of floor area per bed shall be provided in convenient storage spaces for wheelchairs, walkers, stretchers, resident's personal belongings, extra beds, mattresses and frames, facilities maintenance equipment, etc. D. Administration Areas. 1. A business office area shall be provided for record maintenance and storage and for central administration of the facility. 2. A lobby area shall be provided for the reception of visitors (separate from resident - patients' day room) and shall include adjacent public toilets. 3. Employee locker rooms shall be provided for storage of employee personal effects and shall include toilet and handwashing facilities. o ORDINANCE VO. E. Connecting Passageways. 1. Corridors. a. Corridors used by resident - patients shall be at least eight feet wide. b. No doors shall swing into a corridor used by resident - patients except corridor closet doors, or fire exit doors. C. Handrails with ends turned to the wall shall be provided on both sides of corridors used by resident - patients. There shall be a clear distance of 1 -1/2 inches between handrails and wall. d. Such items as drinking fountains, telephone booths, and vending machines shall be located such that they do not project into the required width of corridors. e. Thresholds and floor expansion joint covers shall be flush with the floor. 2. Stairways and Elevators. a. Stairways shall be at least 3 feet 8 inches wide and shall be equipped with handrails with ends returned to the wall. b. Stairway doors shall open on landings, not on steps. C. At least one hospital elevator (large enough to accommodate a resident - patient on a stretcher and an attendant) shall be installed where I to 59 resident - patient beds are located on any floor other than the first floor, or where resident - patient facilities are located on a floor other than those containing the resident - patient beds. At least two elevators, one of which shall be hospital type, shall be installed where 60 to 200 resident - patient beds are located on floors other than a first floor. At least three elevators, one of which shall be hospital type, shall be installed where 201 to 350 resident - patients are located on floors other than the first floor. 3. Exits. a. The distance from resident - patient rooms, or areas in which resident- patients may congregate, to the nearest exit shall not exceed 100 feet. b. Exits and exit routes shall be clearly marked with continuously luminated signs. Subdivision 3. General Requirements. A. A fire sprinkler system shall be installed to serve all spaces in nursing homes and boarding care homes hereafter erected. ORDINANCE NO. B. Floor covering shall consist of carpeting in resident - patient rooms, resident -used corridors, day -room lounges, and reception lobby. C. Ceilings shall be acoustically treated in resident- patient rooms, corridors, day -room lounges, dining rooms, and reception lobby areas. D. Effort should be made in building design and operation to provide separate areas for classifications of resident - patient requiring distinctively different levels of care. E. Interior colors shall be selected which will tend to induce feelings of relaxation and cheerfulness. Monotonous and sterile color schemes shall be avoided. F. An emergency electric generating et shall be located on the remises g P and shall be designed to automatically provide emergency electric power to the essential elements of a nursing home in the event of an interruption of normal electric supply. G. Resident- patient rooms shall have provisions for night lighting as well as general lighting and a bed reading light shall be provided with control conveniently located for the resident - patient. The following minimum lighting shall be provided: 1. Resident - patient room general - -10 foot candles 2. Resident - patient reading - -30 foot candles 3. Toilet and bathing rooms - -20 foot candles 4. Day -room lounges - -30 foot candles 5. Dining rooms - -30 foot candles 6. Physical therapy rooms - -20 foot candles 7. Corridors - -10 foot candles S. Stairways - -20 foot candles 9. Doorways - -10 foot candles 10. Nursing stations - -20 foot candles 11. Utility rooms - -20 foot candles 12. Administrative and lobby areas - -30 foot candles 13. Kitchen - -30 foot candles 14. Laundry rooms - -30 foot candles H. A ventilating system shall be so designed and operated such that it removes dust, offensive odors, and excessive heat and moisture. The following minimum values are established: MINIMUM TOTAL AREA AIR CHANGES PER HOUR Resident - patient room 4 Corridors 4 Toilet rooms 10 Bathroom 10 Day -room lounges 6 Dining Rooms 6 Physical therapy rooms 6 Nursing station rooms 4 Soiled linen rooms 10 Laundry processing room 10 Kitchen 10 Administration and lobby areas 4 I. Air temperature and humidity within the resident - patient use areas of the facility shall be maintained within a range of 73 degrees Fahrenheit to 90 degrees Fahrenheit and 20% to 60% relative humidity. J. At least one attendant shall be on duty at all times for every 30 residents, or fraction thereof, located on each floor of the facility. [ Section 23 -1414 SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holdings shall not invalidate any other section, provision, or part thereof. [ Section 23 -1415 SUPREMACY. When any provision of this ordinance is either more stringent or less stringent than similar provisions of Minnesota law or Minnesota Agency regulations herein adopted by reference, the more stringent provisions shall prevail. [ Section 23 -1416 PENALTIES. Whoever does any act or admits to do any act which constitutes a breach of this ordinance shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense.] Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) o Notice is hereby given that a public hearing will be held on the 14th day of August 1987 at 7 : 45 p.m. at the City Hall, 630.1. Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarng the zoning classification of certain land. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND 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 manner: Section 35 -1150. MULTIPLE FAr1ILY RESIDENCE DISTRICT (R6). The following properties are hereby established as being within the (R6) Multiple Family Residence District zoning classification: Lot 2 Block 1 Maranatha Addition. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor r ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). qd CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of Y g P g 1 y , at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating An Easement in Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 3, BLOCK 3, DONNAYS BROOK LYN GARDENS 4TH ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Fifteen (15) foot utility and drainage easement along the north line of Lot 3. Block 3 Donnays Brook Lyn Gardens 4th Addition Hennepin County. Minnesota except the westerly five feet and the southerly five feet of said easement is hereby vacated Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this p day of Mavor ATTEST: Clerk Date of Publication Effective Date *I] CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: August 26, 1987 RE: Easement Vacation Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition Ms. Lori Long, 6501 Unity Avenue North, has requested that the City vacate the Utility and Drainage Easement along the southerly line of Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. We have reviewed Ms. Long's request. We have advised utility companies that this request has been made and asked if the easement was necessary for the construction, maintenance or access to any of their existing or proposed facilities. We have reviewed the City's need to use this easement, and have concluded that there is no reason to keep the northerly 10 feet of the easement. The southerly 5 foot of the easement is in the setback area and could possibly be used for side yard grading and therefore it would appropriate to keep that part of the easement. It is our recommendation that the attached ordinance be processed. This ordinance vacates the northerly 10 feet of the 15 foot drainage and utility easement on the south line, Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. Resp ctfully submitted, Approved for submittal, .R. - Sy app, City E ineer Director of Public Works HS /nl enclosures: Ordinance Vicinity & Detail Map cc: Plat file '� roae ui-uagiu an r I I i LOT 2 I I I 1 I I i CE== I I � ► 127 51 Y I Q a.. I 1 J I LOT N . O of m m ► I � I o O I >- I 5���������������������� I u ' 127 -------------------------- 1 I i I 1 LOT 1 i 1 I I EASEMENT VACATION DONNAYS BROOKLYN GARDENS 4TH ADDITION LOT 3, BLOCK 3 M M 0 30 60 L ROWL� u 71 SCALE IN FEET D CENTER PREPARED BY ULTIMAP SHEET I OF 1 mom logo all moll moll mom p Mom Iloilo IN �o PROCLAMATION DECLARING SEPTEMBER 17 - 23 1987 AS CONSTITUTION WEEK WHEREAS, it is a privilege and duty of the American people to commemorate the two hundredth anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, Public Law No. 915 guarantees the issuance of a proclamation by the President of the United States of America, designating September 17, 1987 through September 23 1987 of each Y ear as Constitution Week. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby proclaim 17 September 1987 through 23 September 1987 as Constitution Week and urge all citizens to study the Constitution, to express gratitude for the privilege of American citizenship in our Republic functioning under the superb body of laws - -the Constitution of the United States of America. Date Mayor Seal Attest Clerk M & C No. 87 -16 0 August 25, 1987 FROM THE OFFICE OF THE CITY MANAGER Subject: PROPOSED CHARITABLE GAMBLING REGULATIONS To the Honorable Mayor and City Council: Attached are copies of two ordinance amendments, one regulating charitable gambling and the second modifying our liquor license regulations to tie the charitable gambling regulations in with our liquor license regulations. As per the City Council's instructions, the staff has been observing the operation of two locations of charitable gambling within the City of Brooklyn Center operated by the Lions Club of Brooklyn Center. We have also been in contact with the State charitable gambling regulatory agency and other communities, attempting to develop charitable gambling regulations. We have met on a number of occasions with representatives of the Lions Club and I believe the current regulations, though not completely supported by the Lions Club in every aspect, generally meet with their approval. The proposed ordinances, we believe, meet the best interests of the City of Brooklyn Center as it relates to regulating charitable gambling. We have taken information from discussions with other communities, discussions at the Council • table, and discussions with the Lions Club into account when developing these proposed regulations. We believe these proposed regulations to be in conformance with current State law as amended by the last legislative session. The ordinance generally contains the following major features: First, the ordinance does require a license holder to have its organization based in Brooklyn Center. It further requires that 90% of the net proceeds from the gambling operation, for purposes consistent with state law, be spent in Brooklyn Center and that that 90% be figured on a three year average. This would mean that on any given year a license holder could spend less than 90% on local contributions, but in the following years they would have to spend more than 90% to average 90% over the three years. We believe this feature gives some flexibility yet assures the community that the significant portion of these revenues will be turned back to the community. The regulations allow only pull - tab type gambling, and tipboards and paddle wheels are not allowed. We believe the pull -tab form of charitable gambling is the most easily monitored and supervised by our police department and requires minimum maintenance by a license holder. The regulations also allows only one location per license holder. The ordinance contains a grandfather clause which will allow the Lions Club to continue to operate in the number of locations they currently have prior to the effective date of these proposed regulations. M & C No. 87 -16 -2- August 26, 1987 We have received inquiries from other charitable organizations interested in establishing gambling sites in Brooklyn Center over the last 18 months, and we have told them of the general direction of our regulatory effort. Some of these were statewide organizations, and they have expressed displeasure with limiting charitable gambling licenses only to Brooklyn Center organizations and also have expressed opposition to the 90% requirement of money to local charities. We will be informing those people who have contacted us previously regarding the Council's intention to review the matter at this meeting. We have told those objecting to certain provisions of these regulations, that we believe they are acceptable under State law and represent a reasonable regulation of charitable gambling activity. The City of Brooklyn Center has and will encounter expenses in supervising the charitable gambling activities within its boundaries; and these expenses are not recoverable except through taxation of property within Brooklyn Center. We believe the proposed regulations provide for some return to the Brooklyn Center community because of its regulatory efforts and it represents regulation which can be effectively administered and is reasonable. M submitted, plinter r //0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new section to Chapter 23 of the City Ordinances involving charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING CHARITABLE GAMBLING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 1900 through 1904 are hereby added to Chapter 23 of the City Ordinances, with the following language: Section 23 -1900 STATEMENT OF POLICY The City of Brooklyn Center deems it desirable to require lawful gambling within its jurisdiction as authorized by Minnesota Statutes, Section 349.213. Section 23 -1901 DEFINITIONS The definitions in Minnesota Statute 349 are adopted by reference in this chapter. Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES The sale of pull -tabs in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349 the following regulations and qualifications must be complied with by all such charitable organizations: 1. The organization must have been in existence in Brooklyn Center for at least three years 2. The organization must contribute a significant amount of its proceeds from lawful gambling to charitable Purposes within the City of Brooklyn Center. For Purposes of this ordinance the word "significant" is defined as over ninety percent (90 %) when averaged over a three year period. Brooklyn Center City Ordinance Page 2 Chapter 23 3. The organization must file a list containing the names and addresses of all current members with the police department on an annual basis. 4. The organization must file pull -tab financial reports monthly with the police department. 5. The organization must exhibit and sell pull -tabs in a method as required by the City. 6. Workers or managers may not divulge the number of or the dollar amount of the winners at any time 7. Shall not co- mingle game cards 8. Shall comply with all the provisions of Minnesota Statute 349. 9. Shall register with the State Gambling Board all equipment and supplies used in a licensed on -sale establishment. 10. The charitable organization shall not use a pull -tab which does not return to the players a minimum Percentage of 75% nor a maximum percentage of 80% which Percentage shall include free plays awarded 11. The charitable organization will be responsible for the booth and other equipment used in the operation of Pull-tabs. 12. Each organization may not have a pull -tab sale operation in more than one premises in the City_; except that any premises licensed prior to the effective date of this ordinance shall be grandfathered in 13. The organization must pay the City of Brooklyn Center an investigation fee of $250.00 at the time application for license is filed with the City. 14. A gambling license of this type is not renewable, but each year's application is considered as a new license Section 23 -1903 SEVERABILITY Every section provision or part of this Chapter is declared separable from every other section provision or part to the extent that if any section -)rovision or part of this Chapter shall be held invalid such aolding shall not invade any other section provision or part theYeof. Brooklyn Center City Ordinance Page 3 Chapter 23 Section 23 -1904 PENALTIES Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be Punished by a fine of not more than seven hundred dollars ($700.00) and imprisonment for not more than ninety (90) days or both, together with the cost of prosecution SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) a //O'a 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the amendment to Chapter 11 of the City Ordinances involving liquor license establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 711 and 717 of Chapter 11 of the City Ordinances are amended with the following language: Section 11 -711. CONDITIONS OF LICENSE. 17. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein[.] , whether or not licensed by the state except that pull -tabs may be sold on licensed premises when such activity is licensed by the state pursuant to Minnesota Statute, Chapter 349, and conducted pursuant to the regulations contained in this ordinance. Section 11 -717 GAMBLING REGULATIONS. 1. Only licensed charitable non - profit organizations that have been in existence in Brooklyn Center for at least three years and who contribute the ma of pull -tab proceeds for lawful purposes within the City of Brooklyn Center may be allowed to sell pull -tabs on the premises. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization. The lease shall be for a term of at least one year; a copy shall be filed with the police department and also a copy must be kept on the Premises and available for public inspection upon request. Leases shall be governed by the following: Brooklyn Center City Ordinance Page 2 Chapter 11 A. Maximum rent that may be charged is $100 00 per week. B. Rental Payments may not be based on a percentage of Profits from gambling. C. The charitable organization may not reimburse the licensee for any license fees or other gambling related expenses incurred by the licensee D. The only form of gambling that shall be permitted on the licensed premises shall be pull -tabs approved by the state. E. Pull -tabs shall only be sold from a booth used solely by the charitable organization and pull - tabs shall neither be sold by employees of the licensee nor sold from the bar service area. F. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization G. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization is found guilty of any violation of state or local gambling statutes, ordinances or rules and regulations. 3. Only one charitable organization shall be permitted to sell Pull -tabs on the licensed premises 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation which the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 5. The licensee must commit to a minimum of-twenty-five (25) hours of sales of pull -tabs for the charitable organization per week 6. The licensee shall be responsible for the charitable organization's conduct of selling pull -tabs The City Council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow gambling Brooklyn Center City Ordinance Page 2 Chapter 11 on the premises for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the charitable organization. Any violation may also be considered by the City Council as grounds for suspension or revocation of the on -sale liquor license SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1987. Dean Nyquist, Mayor ATTEST: Darlene Weeks, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) a MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Patti Page, Administrative Aid DATE: August 26, 1987 SUBJECT: Tourism Bureau Meetings I have spoken with Charlie Cook of the North Metro Convention and Tourism Bureau. He state the meetings are held on the second Wednesday of each month at 3:30 p.m. e LLIL111 �l league of minnesota cities August 14, 1987 TO: Mayors, Managers, and Clerk FROM: Donald A. Slater, Executive Director RE: Regional Meeting Issue Papers Last year at the League's regional meetings we presented materials on policy issues which were being considered by the LMC legislative policy committees. We took votes on those issues and presented the opinions of the regional meeting participants to the policy committees as they completed the League's 1987 Legislative Policies and Priorities for Legislative Action. At the conclusion of this process, we evaluated the results of a survey asking regional Tonal mee tin g g g participants how they felt about working on legislative e o g policy issues at the responses were regional meetings. The res g 9 P overwhelmingly in favor of continuing the involvement of the regional meetings as an integral part of the policy process. The League Board of Directors agreed to extend the consideration of policy issues to the 1987 regional meetings, but asked that the staff work on methods to improve the process. To give you advance information on the issues to be considered, e ed, League staff have prepared issue papers on policy questions designated by each of the LMC legislative policy committees. We have also developed voting cards so that we may get a more definitive expression of opinion on each of these issues. We are looking for other ways to improve the quality of the presentation of these materials to regional meetings, and I am most interested in your suggestions for improvement. Attached are the issue papers for the 1987 regional meetings. Please distribute these to your councilmembers and be prepared to cast your votes on these issues at the regional meeting you will be attending. If you are unable to attend a regional meeting, please fill out the voting card and return it to Lynda Woulfe, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101 by September 14. I look forward to your participation in this very important aspect of developing the League's 1988 Legislative Policies and Priorities for Legislative Action. 1 80 university avenue east, st. paul, minnesota 551 01 [61 2] 227 - 5600 fill [ICY league of minnesota cities TAX INCREMENT FINANCING QUESTION: Should the League sponsor responsible tax increment finance legislation in the 1988 legislative session? BACKGROUND Over 200 Minnesota cities employ tax increment finance (TIF) as a major development tool. The number of cities using IF has steadily risen over the years, particularly in the 1980's. In 1981, 98 cities operated TIF districts. As of 1987, 216 cities initiated TIF programs. A majority of these cities are located outside of the metropolitan area and they fall into all categories of population. The dramatic growth in TIF projects in Minnesota has been fueled by the decline in federal assistance programs, the uncertainty of state aid, and the flexible nature of TIF. Over the past decade, the federal government has terminated most of its development assistance programs and substantially cut funding for its remaining development programs. Meanwhile, the state has initiated a number of new development assistance programs only to see these efforts become embroiled in major political controversies. Recently, the department administering development assistance, the Department of Trade and Economic Development, meat p , was reorganized. This g was followed by the creation of a new economic development effort charged with responsibility for a wide range of new programs. How cities fit into the new law is unclear. Tax increment finance, on the other hand, remains the one program which provides maximum local flexibility and accountability. Although TIF can be complex and time consuming, city government dictates the pace of activity, initiates the projects, and controls the local program without interference from other levels of governments. TIF, however, has been a lightening rod for state legislative proposals that would curtail cities' TIF authorities. Even after the enactment of a major TIF reform in 1979, the Legislature barely let the issue rest for a session. More recently, during the 1986 session, a restrictive TIF bill passed the House but died in conference. The League opposed this bill and worked for modifications in it. During the 1987 session, the House seemed less interested in TIF but did consider a proposal to reimburse counties for costs associated with TIF project improvements. This provision died in conference. The 1988 Legislature is very likely to reopen the TIF issue. A number of legislative committees have already signaled their intentions to hold extensive hearings on the issue. 1 60 university avenue east, st. paul, minnesota 551 01 (61 2) 227 -5600 TAX INCREMENT FINANCING (con't) The proposed changes in TIF have been numerous. The most frequently q Y suggested changes have been: to give counties authority to veto TIF programs; to place a percentage limit on the amount of TIF a city can engage in; to redefine the soil correction test; to require pre -1979 projects to conform to provisions adopted by the 1979 Legislature; to reimburse the county auditor for administration of TIF projects; to change the definition of redevelopment projects. Current League Position League policy states that we are willing to work with the Legislature to improve the program or correct any problems with it. This begs the question of whether the League should initiate legislation or, alternatively, resist any legislative proposals during the 1988. YES, LEAGUE SHOULD INITIATE NO, LEAGUE SHOULD RESIST ALL LEGISLATION. EFFORTS TO AMEND TIF IN 1988. The League should initiate TIF The 1988 legislative session legislation during the 1988 promises to be dominated by session to head off potentially tax issues which will leave damaging legislation. The little time for the tax writing county organization, with committees to deal with TIF. intense pressure from Hennepin The House Tax Committee does and the support of Dakota not appear to be interested in Counties, seeks to severely considering TIF at this time. limit TIF and several key legislators support this view. If the League sponsors a Unless the League leads and proposal, it could later be controls the legislative effort transformed into something to responsibly revise the which the League would not program, severe limits could want. Moreover, the Legislature become law. The League has a could still take up a major TIF reasonable bill already reform bill even if the drafted. It should negotiate League- sponsored bill is with the county organization, accepted as is. giving only those concessions which do not damage city Overall, it's best to leave authority, and develop a strong well enough alone and not buy coalition. The League should trouble. attempt to settle the issue for the foreseeable future by building and maintaining a coalition to oppose further tinkering with TIF. league of minnesota cities LOCAL GOVERNMENT ELECTION DAY QUESTION: Should the League continue to oppose a Local Government Election Day. BACKGROUND: This proposal would require all city, school district, and special district elections (including county and municipal judge elections) to be held on the first Tuesday after the first Monday in November in odd years. Federal and state elections would be held in even years. Townships would have the option to retain present election days or change to the local government day. No primaries would be required for cities under 2500 0 p pulation unless the city decides by ordinance or resolution. Primaries for non - partisan offices would not be required when no more than twice the number of persons to be elected file for an office. This proposed legislation would supersede all city charters, special laws, etc. Terms would be extended until the first Monday in January of the even year. Currently 642 cities conduct their municipal elections in November of the even year. Only 98 cities conduct their elections in November of the odd year. Annual elections are held by 58 cities and 31 cities have their municipal elections in other months according to charter provisions. Of the cities holding their elections in the even year, 78 percent are under 2500 population. The majority of school district elections are held annually in May. CURRENT LEAGUE POLICY: League policy opposes designating a Local Government Election Day. YES, THE LEAGUE SHOULD CONTINUE TO NO, THE LEAGUE SHOULD NOT OPPOSE A OPPOSE LOCAL GOVERNMENT LOCAL GOVERNMENT ELECTION DAY ELECTIONDAY. There is no proof that a Local would Local a advantageous nm for the Government Election Day would voter. They would soon realize that increase voter participation or every first Tuesday in November is create more interest in local an election day. Media campaigns to races. Cities should not have to get out the vote could be uniform conduct elections each year (local throughout the state. Local in odd years, state and federal in elections would not get "lost" even years), thereby doubling their among the federal and state offices election costs. Combining school voted on in the even year and city elections could be very elections. confusing in a city which has multiple school districts or in p a school district which covers several cities. 1 83 university avenue east, st. paul, minnesota 551 01 [61 23 227 -5600 0 VOTING EQUIPMENT QUESTION: Should the League continue to oppose legislation that would make current voting equipment obsolete by requiring expensive retrofitting or reprogramming costs. BACKGROUND: In addition to paper ballots, Minnesota uses three types of voting g devices: LEVER MACHINES, the oldest form of voting device; ELECTRONIC VOTING MACHINES, known as PUNCH CARD machines; and OPTICAL SCAN equipment, the newest technology recently certified for use. Vendors submit equipment to the Secretary State for Y certification. Once certified, equipment may be sold to local units of government. Current law allows cities to select the equipment which best suits local needs. CURRENT LEAGUE POLICY: The League supports current law and opposes any state - mandated system of voting equipment. YES, THE LEAGUE SHOULD CONTINUE NO, THE LEAGUE SHOULD NOT OPPOSE TO OPPOSE LEGISLATION THAT LEGISLATIVE MANDATES REQUIRING WOULD MAKE OBSOLETE CURRENT CITY RETROFITTING OF EQUIPMENT TO VOTING EQUIPMENT. HELP VOTERS IDENTIFY CANDIDATES OF Requirements, such as color- coding POLITICAL PARTIES. ballots to distinguish between Cities should not Oppose parties, party-row balloting or legislation that is designed d to to other programming changes are help the voter select the expensive to cities. They are of no candidates they wish to vote for. benefit in city elections since Color- coding of ballots or party city elections are non - partisan. In row balloting would be helpful to addition, the timing of legislative the voter in finding the candidate mandates often makes the equipment they wish to vote for on the unusable for a particular election. ballot. Candidates (and major Designating party affiliation on political parties) could use the the ballot is sufficient for state color in all their promotion and federal offices. Additional materials, thereby making designations are superfluous and identification easier on election unnecessary. day. State mandated voting equipment would provide for faster tabulation of results. Elections and education of voters would b simpler. EL 111 ___ _; '00 � LL league of minnesota cities LAND USE LEGISLATION QUESTION Should the League support changes to the state's planning and zoning laws that would reduce cities' flexibility in structuring their planning commissions and boards of adjustment, reduce cities' ability to extend their subdivision regulations, require comprehensive plans prior to zoning, and consolidate and make consistent various planning and zoning laws? BACKGROUND The Governor's Advisory Council on State -Local Relations undertook a thorough review of the state's planning and zoning laws. The League participated in that study. A subcommittee of local elected officials was formed to review the recommendations developed by a technical committee composed of planning officials from townships, cities, counties, regional development commissions, and the state. Those recommendations have been collected in a report on land use legislation and draft legislation has been prepared, with introduction in the 1988 session probable. CURRENT LEAGUE POSITION The Land Use, Energy, Environment, and Transportation committee is currently debating the merits of the proposal. Staff has identified certain issues of substantial importance to cities that may cause I problems if adopted as currently proposed. The Report's recommendations are in the left column. YES, THE LEAGUE SHOULD NO, THE LEAGUE SHOULD SUPPORT THE FOLLOWING OPPOSE THE FOLLOWING RECOMMENDATIONS RECOMMENDATIONS 1. REQUIRE THE CREATION OF A 1. REQUIRE THE CREATION OF A SEPARATE BOARD OF ADJUSTMENT. SEPARATE BOARD OF ADJUSTMENT. This board would rule on This requirement variances, etc. which must have unnecessarily limits the at least one but no more than one authority of a city to planning commission or council establish a structure that representative. Appeals from this meets its unique situation. separate body would go directly to Smaller communities may find district court. This provision is it difficult to recruit board 0 intended to "depoliticze" the members. An intermediate variance review process. e appeal to the council should be provided. 160 university avenue east, st. paul, minnesota 551 01 C612)227-E5600 LAND USE (con't) 2. CHANGING THE REQUIREMENT1' OF UNDUE 2. CHANGING THE REQUIREMENT OF HARDSHIP TO AN EASIER STANDARD OF UNDUE HARDSHIP TO EASIER UNNECESSARY DIFFICULTY. STANDARD. This would loosen the current The existing requirement is standard to reflect common practice fine. Loosening the in granting variances from the requirement would make it more strict application of zoning difficult to implement the ordinances. requirements of a zoning ordinance. 3. REQUIRE THE ADOPTION OF A 3. REQUIRE ADOPTION OF COMPREHENSIVE PLAN IN ORDER TO HAVE COMPREHENSIVE PLAN. ZONING OR OTHER LAND USE CONTROLS. The comprehensive plan can be as The proposed requirement is little as a statement of goals, overly onerous for cities. objectives, and policies, and Courts will use incon- present and proposed land use sistencies to supersede local maps. Recent cases have called decisions. The five year into uest' ion q the common practice grace period is impractical. of s p passing ordinances without a supporting comprehensive plan. Metropolitan cities have had this requirement for several years. Cities would have a five year grace period, after which failure to adopt a comprehesive plan would invalidate all offical controls. 4. PROHIBIT THE PRACTICE OF 4. PROHIBIT THE PRACTICE OF CONDITIONAL REZONING. CONDITIONAL REZONING. Conditional rezoning is defined Conditional zoning provides as making a district change added flexibility and conditioned on the applicant safeguards against changes meeting certain requirements. in development proposals. An example is to grant rezoning from multi - family to commercial if the applicant agrees to construct apartment buildings in conjunction with the commercial development. o- ifi nie i league of minnesota cities TRANSPORTATION FUNDING QUESTION What changes in the state's transportation funding mechanisms should the league support? BACKGROUND Governor Perpich and other political leaders have listed the lack of an adequate transportation funding program as the single biggest failure of the 1987 legislature. Funding inadequacy was almost assured when the Governor proposed suspending the transfer of the estimated $225 million generated by the Motor Vehicle Excise Tax (MVET) from the state's general fund to the highway and transit fund. The Legislature agreed with the non - transfer of MVET and these MVET funds, along with an approximate $700 million dollar tax increase, were used to balance the state general fund. The Minnesota Department of Transportation recently cancelled approximately $90 million in proposed highway projects because of the shortage in road funds. Many of the projects were in Greater Minnesota. Metropolitan projects were spared somewhat because many qualify for additional federal funds. Additional road funding is necessary. The administration has apparently abandoned as a possible source the transfer of the MVET. An increase in the gas tax or a one percent sales tax on general retail sales seem to be preferred at this time. A one cent increase in the gas tax results in approximately $20 million of revenue annually. Currently, Minnesota's gas tax is 17 cents per gallon. A one percent sales tax in the metro area would generate approximately $130 million annually. Tied in with the funding issue are the issues of jurisdiction studies and turnbacks, and potential constitutional amendments regarding dedication of the motor vehicle excise tax to the highway fund and the current allocation (62 -29 -9) of road funds among the state (628), counties (298), and cities over 5,000 population (98). Jurisdictional studies that attempt to establish the level of use for particular roads (i.e., classifying roads as collectors, arterials, etc.) will soon be completed. Some advocate the assignment of road maintenance responsibilities to the level of government that best matches the jurisdictional classification of the road. CURRENT LEAGUE POSITION The Land Use, Energy, Environment, and Transportation Committee is currently debating the funding issue. Existing League policy advocates dedicating the MVET, opposing large scale turnbacks, requiring all turned -back roads to be brou7-ht up to standards acceptable to the receiving jurisdiction, and-modifying the allocation formula to provide for the funding of roads located in cities under 5,000 population by reducing the 298 county share. 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227 -5600 TRANSPORTATION FUNDING (con't) YES, LEAGUE SHOULD SUPPORT: NO, LEAGUE SHOULD OPPOSE: 1. METRO SALES TAX 1. METRO SALES TAX Additional road funding is A sales tax, unlike MVET necessary. Most road needs or the gas tax, is not are in the metropolitan area. user based. Rural area A metro sales tax would provide needs would not be ade- a stable and adequate source quately funded. of funds for the metro area. 2. GAS TAX INCREASE 2. GAS TAX INCREASE The gas tax is a user based Minnesota already has tax, and levied state wide, one of the highest gas thus justifying a proportional taxes in the nation. split between metro and rural Only generates $20 areas. million per penny. 3. MVET TRANSFER /DEDICATION 3. MVET TRANSFER /DEDICATION Large, stable, user based General fund loses funding source. Would $200 million annually, implement legislative fund is dedicated, limits policy established 15 years discretion in use of funds. ago. 4. JURISDICTIONAL REASSIGNMENTS 4. JURISDICTIONAL REASSIGNMENT Would make users of roads May not reduce overall responsible for owning, upkeep; mileage of roads in state. local roads -local governments,3,..pppry state roads -state government. Would shift responsibility Would reduce funding pressure for road upkeep from users on state. Promotes good to property tax payers, government, efficiency. create new local problems. 5. CHANGE 62 -29 -9 FORMULA, 5. CHANGE 62 -29 -9 FORMULA REDUCING COUNTY SHARE TO FUND SMALL CITY ROADS Current allocation does not Current allocation method provide direct funding is fair, balances mileage to cities under 5,000 and and level of use. Fund- townships. Assumes all ing for a state system, roads in those jurisdictions not local roads. Would are either local roads or are require constitutional on county and state aid systems. amendment to change. 1111 5 LL league of minnesota cities HOMESTEAD CREDIT QUESTION Should the League oppose changes in the homestead credit adopted by the 1987 Legislature? BACKGROUND The 1987 Legislature adopted major changes in the homestead credit program. Beginning in 1989, the current residential homestead credit program will be eliminated. For the homeowner, the homestead credit will be replaced by a "homestead value exemption." This means that a certain value of the homestead property will be exempt from property taxes -- for 1989, this exempt value would be 52 percent of the assessed value of the first $68,000 of the market value of the home. The homestead credit shown on the homeowner's tax bill will be equal to the total local mill rate (including city, county, school and town portions of the property tax) multiplied by the exempted value. The city and other local governments will spread their levies and determine their mill rates by excluding the assessed value exempted under the new program. For cities and other units of local government (counties schools and townships), the old homestead credit program will be replaced by a "homestead credit replacement aid." In the first year of implementation (1989), the homestead credit replacement aid paid to a city is supposed to be roughly equal to what it received in the prior year. However, due to formula changes, high -mill rate areas will generally receive more aid in 1989 and low -mill rate areas will generally receive less aid. In 1990 and all future years, this base amount of homestead credit replacement aid paid to a city will be increased only by two escalator factors : 1) inflation and 2) growth in a city's exempted homestead values. Increases in a city's mill rate will not increase the homestead credit replacement aid. CURRENT LEAGUE POSITION : The Revenue Sources Committee is currently debating whether to oppose the new homestead credit replacement aid or take a more cautious approach, urging the Legislature to be aware of all the effects of the new credit before implementing it. 1 83 university avenue east, st. paul, minnesota 551 01 C612)227-5600 HOMESTEAD CREDIT (con't) YES, LEAGUE SHOULD OPPOSE THE NEW NO, LEAGUE SHOULD NOT OPPOSE HOMESTEAD CREDIT PROGRAM HOMESTEAD CREDIT PROGRAM. 0 Cuts in the new homestead credit It is good policy to sever the link program could be made more easily between homestead credit payments because there would no longer be a and property tax levels of local direct link between the homestead governments. The old program credit paid to homeowners and the provided too much of an incentive reimbursement to cities for revenue to local governments to raise their lost through the homestead taxes since, in most cases, 54 % of exemption. Under the old homestead the tax increase was picked up by credit program, it was difficult the state through the homestead for the Legislature to cut the credit. credit without it showing up on the taxpayer's bill. Under the new The Legislature will be able to program, however, the Legislature have more direct control over could cut the homestead replacement expenditures for the new homestead aid to cities, but the credit credit replacement aid since it can appearing on the homeowner's bill easily change or, if necessary, would remain the same or even temporarily suspend the two go up under certain circumstances. escaltor factors in the homestead The new homestead credit credit formula. replacement aid is another "aid" Expenditures for the homestead program, like local government aid. credit program will be more Annual battles over formula changes predictable since the homest are more likely. credit will no longer be linked local property tax levels. This It would be easy for the will help stabilize the state's Legislature to cut the homestead budget situation. replacement aid - -even in the middle of the budget year -- with If the state faces budget problems, no warning to cities which depend expenditures for the homestead upon that source of revenue credit r p ogram could be easily cut, providing the state with a better In establishing he initial g tool for dealing with budget homestead replacement aid amount crises. (upon which all future aid would be based), higher mill rate areas In the past, some argued that would be advantaged and low mill cities were not accountable for rate areas would be disadvantaged. their tax and spending increases since local property taxpayers were In the future, a city which has partly protected against local tax growing needs and must increase its increases by the homestead credit. mill rate will not receive With this new homestead credit increasing homestead credit design, no one can make that payments. This could force large argument. and abrupt increases in the taxes paid on non - exempt property (commercial /industrial property, the non - exempt portion of homestead values, renters). 0 71111 league of minnesota cities LEVY LIMIT LEGISLATION QUESTION: Should the League designate the elimination of levy limits as an A priority, proposing legislation and making it a high priority? BACKGROUND: The 1987 Legislature imposed a very tight three percent levy limit on all cities for payable 1988. The new levy limit is more severe than prior limits because first, most "special" levies (previously allowed outside the limit) are suspended for one year (except for bonded debt and certain pension costs) and second, the new levy limit is imposed on small cities (under 5000 population) for the first time since 1982. Despite legislators' assurances that tighter levy limits would be temporarily imposed for only one year, the new tax law actually imposes tighter levy limit restrictions beyond 1988. Smaller cities (under 5000 population) would be permanently subject to levy limits. The impetus for tighter limits came largely from legislators' fears that local property tax levels would increase dramatically next year because of changes in the school aid formula, the loss of federal assistance (particularly general revenue sharing), and limits the state placed on state aid through the LGA and homestead credit programs. YES, ELIMINATING LEVY LIMITS SHOULD NO, ELIMINATING LEVY LIMITS SHOULD BE AN "A" PRIORITY FOR LEAGUE NOT BE AN "A" PRIORITY FOR LEAGUE Of all revenue issues (including Designating the elimination of levy LGA, homestead credit and property limits as an A priority will take tax reform), tight levy limits have away from the League's resources to the most harmful effect on cities' lobby against harmful changes in abilities to operate financially the homestead credit program and to and to provide the services their lobby for increases in the LGA residents need. They are program. particularly unworkable for small cities which have small budgets and Since the school aid formula can experience large year -to -year changes which are likely to force increases in their budgets. up local property tax levels will have their most dramatic effect in Tight levy limits force cities to 1989, it is unrealistic to make a issue more debt which is not always major effort to eliminate levy the most economical or most limits for 1989. The League should appropriate manner for financing wait until the "dust has settled" expenditures. Levy limits also on the school aid changes. prevent many cities from building up adequate reserves. Certain key legislators on the tax Levy limits are severely limiting committees strongly oppose the cities' abilities to compensate for removal of levy limits. These cuts in state and federal financial legislators are in a position to aid as well as making it impossible single - handedly block any bill to deal with rising costs forced by eliminating levy limits no state and federal mandates. matter what the League does. They argue that they will not consider Levy limits are inconsistent with the removal of limits until the principles of local comprehensive property tax reform self - government and local is achieved. accountability. Rather than making a major effort Levy limits are arbitrary when to eliminate levy limits, the applied uniformly to all cities League should try to get since cities vary markedly in their incremental changes in the law that needs and abilities to raise would at least temporarily loosen revenue. up the limits. 1 X33 university avenue east, st. paul, minnesota 551 01 (61 21 227 -5600 CITY SERVICE CHARGES FOR TAX - EXEMPT PROPERTY QUESTION: Should cities be able to impose a service charge on tax - exempt property? BACKGROUND: Last year the House included in its tax bill a proposal to grant cities the option to impose, by resolution, a service charge for "basic municipal services" provided to tax - exempt properties. This was designed as an option which cities could voluntarily exercise. Service charges collected by the city would be deducted from the city's levy limit. In exercising this option, the city could not be selective in applying the charges. They would have to apply equally to all tax - exempt property in the city. However, the city could not impose service charges on buildings owned by federal, state, or local governments, Indian tribes, or on buildings subject to payments in lieu of property taxes. Under the proposal, basic municipal services would be the amount a city spends for "police, fire, street and road construction and maintenance, street lighting, sanitation, or other similar property related public services." Service charges would be related to the assessed value of the tax - exempt property and the total costs of basic municipal services. CURRENT LEAGUE POSITION: League supports requiring tax - exempt property (except houses of worship) to reimburse cities for costs of police, fire and street services. YES, THE LEAGUE SHOULD CONTINUE TO NO, LEAGUE SHOULD NOT SUPPORT SUPPORT IMPOSING SERVICES CHARGES IMPOSING SERVICE CHARGES ON ON TAX - EXEMPT PROPERTY TAX- EXEMPT PROPERTY It is clear that tax - exempt Most tax - exempt property, property benefits from city n Y particularl charities and services (police, fire protection hospitals, are dedicated to serving and street services). the public and shouldn't be charged It is inequitable to provide free for services. services to tax - exempt property. The proposal is "all or nothing." Other city property ends up bearing It does not allow cities to pick higher tax burdens as a result. and choose among the tax - exempt properties in assessing services Certain cities have a high charges. Thus, unfair burdens will concentration of tax - exempt fall on certain tax - exempt property and are in a particularly properties that cities may want to disadvantaged situation. protect. Some tax - exempt properties, such as This proposal is not really helpful hospitals or nursing homes, are since any revenue a city gains from almost like profit- making services charges must be deducted businesses. against its levy limit. Hence, it is not new money. This proposal really only benefits cities which have high 0 concentrations of tax - exempt property. I league of minnesota cities RELATIVE PROPERTY TAX BURDENS FOR CERTAIN TYPES OF PROPERTY QUESTION: Are local property tax levels for certain types of property too high, especially in relation to other types of property? BACKGROUND: Wide disparities often exist between the tax burdens of various types of property in certain communities. Listed in the table below are the statewide average effective property tax rates (that is, the tax burden in relation to the property's market value) that are projected by the House Research Department for 1988. EFFECTIVE PROPERTY TAX RATES BY TYPE OF PROPERTY, 1988* Type of Property Effective Tax Rate Residential Homesteads ................ 1.30 % Residential Non - homesteads........ 3.41 Apartments ............................ 4.07 Agricultural Homesteads. 0.83 ........... Agricultural Non - homesteads........... 1.42 Commercial /Industrial under $60,000... 2.96 Commercial /Industrial over $60,000.... 5.05 ---------------------------- * Based on House Research computer simulation, 8CM -- over -- u I E96 university avenue east, st. paul, minnesota 551 01 [61 2] 227 -5600 RELATIVE TAX BURDENS FOR CERTAIN TYPES OF PROPERTY (con't) RESIDENTIAL HOMESTEAD BURDENS Property taxes on homestead are low, Tax burdens for homesteads are but it is important to keep them low too low and need to increase since homeowners vote. Many home somewhat so that the property owners are elderly and cannot afford taxes for businesses can be higher property taxes. While home lowered. Ultimately, a owners' property taxes may be low, community's ability to retain they have high sales and income tax businesses will affect jobs for burdens, especially relative to local residents and local businesses. growth and wealth. RESIDENTIAL NON- HOMESTEADS /APARTMENTS Property taxes on rental buildings are The renters' credit and circuit too high. These high taxes are often breaker programs are designed passed on to residents in the form of to provide property tax relief higher rents. Renters are often to renters. If more relief is low- income persons or elderly living needed it should be given with on fixed incomes. these programs rather than directly reducing property taxes for apartment owners who may not pass on these tax cuts to their renters. AGRICULTURAL HOMESTEADS Property taxes for homesteaded farms Effective property tax rates should remain low, particularly since for farms are about the lowest many farmers, especially small farmers, for an type of property. Y YP T P P y They are experiencing financial stress. could be increased without hurting farmers who are under financial stress since the income tax is designed to help out low- income persons. COMMERCIAL /INDUSTRIAL The high property taxes which many Although businesses may pay more businesses must pay are an in property taxes than home - excessive burden and may discourage owners, businesses tend to pay some businesses from locating or relatively less in corporate remaining in a community. This income taxes. Thus their causes loss of jobs and economic combined property and income tax activity for a community. Small burden is no greater. Reports business can be particularly hard show that over half of all MN hit, especially if they are located corporations paid no corporate in already depressed areas where income tax in 1984, including rapidly declining farm values have 192 of the top corporations caused tax burdens to shift to with annual earnings over the businesses in cities. $50 million. league of minnesota cities LOCAL OPTION TAXES QUESTION: Should the League support granting cities a local- option to raise other non - traditional taxes, such as local sales or local income taxes? BACKGROUND: Local governments have traditionally relied on the property tax and state aids for a major portion of their revenues. Since 1971, local governments have been generally prohibited from levying local sales or income taxes. At the same time (1971), property tax levy limitations were imposed on local governments. These tax reforms (known as the "Minnesota Miracle ") were enacted in exchange for a state commitment to use state - raised sales and income tax revenues to finance property tax relief for local governments. In recent years, however, state budget problems combined with political pressure to hold down state income and sales taxes have led to substantial reductions in state aids. The result has been that cities have been forced to rely more heavily on local property taxes. CURRENT LEAGUE POSITION League policy recommends that cities be given local option to raise other non - traditional revenue sources, such as sales taxes, to enhance local financial flexibility. Policy states that local option taxes should supplement, not replace, the traditional revenues of cities. YES, LEAGUE SHOULD CONTINUE TO NO, LEAGUE SHOULD NO LONGER SUPPORT SUPPORT LOCAL OPTION TAXES LOCAL OPTION TAXES As state and federal aids are cut, Allowing local- option taxes would cities need to turn to other mean rich communities would get sources of revenue, not just the richer and poor communities poorer property tax, to fill the revenue since it is richer communities that gap. Property taxes are already to would likely have more sales high in many places. activity and local income to tax. Strict levy limits are also With the availability of local preventing cities from using the option taxes, the state would cut tax when property en they need to in back on state aids even more. order to maintain services. Local option taxes could alleviate that Income and sales tax revenue are situation. not reliable revenue sources since they fluctuate widely depending upon economic conditions. 1 93 university avenue east, st. paul, minnesota 551 01 (61 2) 227 -5600 LEAGUE OF MINNESOTA CITIES LEGISLATIVE ISSUES VOTING CARD City: Name. Attending Regional Meeting at: Tax Increment Financing (TIF) Support Oppose League- sponsored TIF legislation Voting Equipment Support Oppose Legislation making current voting equipment obsolete Local Government Election Day Support Oppose Continue to oppose a local government election day Land Use Legislation Support Oppose 1. Separate Board of Adjustment Support Oppose 2. Change definition of undue hardship Support Oppose 3. Requirement for comprehensive plan Support Oppose 4. Prohibit conditional zoning Support Oppose 5. Zoning controls consistent with comprehensive plan Support Oppose 6. Change the ability of cities to extend subdivision regulations Support Oppose 7. Fringe Area Growth Proposal Transportation Funding Support Oppose 1. Metro Sales Tax Support Oppose 2. Gas,Tax Increase Support Oppose 3. MVET Transfer /Dedication Support Oppose °4. Jurisdictional Reassignment Support Oppose 5. Changing the 62/29/9 allocation forumla Homestead Credit Program Support Oppose Changes to or new homestead credit program Levy Limit Legislation Support Oppose Should the League make the removal of levy limits an "A" priority City Service Charges for Tax-Exempt Property Support Oppose Should cities be able to voluntarily impose service charges on tax - exempt property Relative Tax Burdens for Certain Types of Property Residential Homestead taxes are: Too High About Right Too Low Residential Nonhomestead /Apartment taxes are: Too High About Right Too Low Agricultural Homestead taxes are: Too High About Right Too Low Commercial /Industrial taxes are: Too High About Right Too Low Local Option Taxes Support Oppose Should the League support local option taxes? COMMENTS: a MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: August 26, 1987 SUBJECT: Hennepin County Regional Railroad Authority (HCRRA) Committees On Tuesday, August 25, 1987, I spoke with Ken Stevens (348 - 4182), administrative assistant to Vern Genzlinger (348 -4306) of Hennepin County Commissioner John Derus' office regarding the three advisory committees to the Hennepin County Regional Railroad Authority (HCRRA). Mr. Stevens explained the role of the committees and what expectations the City should have related to them. This year the Minnesota legislature authorized Hennepin County to proceed with the development of light rail transit (LRT) in the county. As a result, a comprehensive LRT plan must be prepared by the county and presented to the legislature no later than July 1, 1988. Hennepin County's target date for completion of the plan is February 1988. Four LRT corridors are proposed for Hennepin County, including one running from downtown Minneapolis to Maple Grove. A consultant has been hired by the county to start the process of preparing the comprehensive plan. The intent of the county is to solicit input from a variety of sources; thus, three committees have been formed for each of the corridors for this purpose: Intergovernmental Advisory Committee (IAC), Technical Advisory Committee (TAC), and Corridor Advisory Committee (CAC). The CAC, comprised of citizens impacted by the corridors, will hear the issues and provide input on the proposals. It is expected that this group will begin meeting in mid - September of this year and will meet approximately three to five times, depending on the issues and the amount of dissent. This group will meet in the evenings at some location central to the corridor. The TAC will consist of staff members of the various jurisdictions affected by the corridor and will discuss input from the CAC and the consultant. In turn, this group will make recommendations to the IAC, a committee made up of elected officials from affected jurisdictions, including, but not limited to, municipalities, the Metropolitan Council, the Downtown Council, and the Regional Transit Board. :Both the TAC and the IAC are expected to meet at least monthly or more often if necessary as determined by the committees. Meetings will be held during the week days at the Hennepin County Government Center in Minneapolis. The City of Brooklyn Center has been requested to submit names of representatives from the city to serve on each of the committees. The deadline for submittal is August 28, 1987; however, Mr. Stevens said it is not a problem if names are submitted by September 4, 1987. a !a Licenses to be approved by the City Council on September 1, 1987: AMUSEMENT DEVICE - OPERATOR LICENSE Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Green Mill Inn, Inc. 5540 Brooklyn Boulevard Holiday Inn 1501 Freeway Boulevard Metropolitan Transit Commission 6845 Shingle Creek Pkwy. C 'ef of Police MECHANICAL SYSTEMS LICENSE � � Master Mechanical, Inc. 9864 James Circle Building Official SIGN HANGERS LICENSE Scenic Sign Corporation Box 881 Building Official General Approval: 6 � -�' 91 D. K. Weeks, City Clerk e