HomeMy WebLinkAboutCCAgenda_90Jun27REGULAR CITY COUNCIL MEETING
CITY OF FALCON HEIGY.TS
AGENDA
JUNE 27, 1990
A. CALL TO ORDER: 7:00 P.M.
B. ROLL CALL: GEHRZ BALDWIN JACOBS
WALLIN CIERNIA WIESSNER
CHENOWETH ATTORNEY ENGINEER
C. APPROVAL OF MINUTES OF MAY 23, 1990
D. PUBLIC HEARINGS: NONE
E. CONSENT AGENDA
1. Disbursements
a. Disbursements through 6/27/90, $79,822.51
b. Payroll, 6/1/90 - 6/15/90, $1.2,930.17
2. Conditional Use Request for a Pet Grooming and Limited
Pet Boarding Business at 1660 N. Snelling
3. Request for a Permitted Accessory Use for a Utility
Building at 1777 Arona St.
4. Request for a Variance from Fence Height Requirements
of the City Code
5. Solid Waste Commission Minutes of June 7, 1990
6. Request to Schedule a Public Hearing Regarding Organized
Collection
7. Purchase Snow Plow for 1990 Public Works Truck
8. Summer Recreation Program Hiring
9. Licenses
ACTION:
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
1. Transfer of Cable TV Community Programming Function
from CabJ.e TV North Central to Cities
ACTION:
2. Update on Community Park Building
ACTION:
Page 2
Agenda
June 27, 1990
3. Association of Metropolitan Municipalities' Mission
and Services
ACTION•
4. .Suburban Rate Authority Membership Invitation
ACTION:
5. Request to Participate in Guinness World Record "Get
Well Card" Project
ACTION
6. MTC Bus Shelter Locations and Advertising Signs
ACTION:
G. ANNOUNCEMENTS AND UPDATES
H. ADJOURNMENT
ACTION:
F
i•
MINUTES
REGULAR CITY COUNCIL MEETING
MAY 23, 1990
Baldwin convened the meeting at 7:00 P.M.
ALL MEMBERS PRESENT
Baldwin, Ciernia, Gehrz, Jacobs and Wallin. Also present were
Gedde, Maurer, Wiessner and Chenoweth.
MINUTES OF MAY 9, 1990 APPROVED
The Minutes of May 9, 1990 were approved by unanimous consent
ADDENDA TO CONSENT AGENDA:
Council added the following items to the Consent Agenda:
Municipal License for Coiffure DuChien, Planning Commission
Minutes of May 21 and a Resolution Commending Norma Fusco.
CONSENT AGENDA ITEMS APPROVED
Council approved the following Consent Agenda Items by unanimous
consent:
1. Disbursements:
a. General Disbursements through 5/23/90, $76,036.97
b. Payroll, 5/1/90 - 5/15/90, $11,761.99
2. Cancellation of Check #23874 issued 4/26/90 to
Emergency Medical Products for $43.68 (Duplicate Check)
3. Resolution R-90-21 Granting A Conditional Use Permit to
Kevin Busch to Construct a Dwelling 26 1/2 Feet High at
1804 Lindig St.
4. Parks and Recreation Minutes of 4/9/90
5. Appointment of Deborah Weiland to Parks & Recreation
Commission, Term to Expire 12/31/90
6. Licenses
7. Resolution R-90-22 Awarding the 1990 Sealcoating Bid to
Astech Corporation at a Price of $28,122.00
8. Appointment of Seasonal Employees to Parks and
Recreation and Public Works Departments
9. Appointment of Deloris Swenson to Full-Time SecretaryPosition
10. Planning Commission Minutes of 5/21/90
11. Resolution R-90-22a Commending Norma Fusco for 21 Years
of Service to the Community
DISCUSSION - AGREEMENT WITH MN DOT FOR 1987 SNELLING AVE.
CONSTRUCTION
Mike Christiansen of the Minnesota Department of Transportationreviewedpastcorrespondence, discussions, and action taken
relating to the Snelling Avenue Improvement Project. Baldwin
and Ciernia stressed that at early discussions MN DOT had
assured residents that there would be no charge to the City for
the street improvements, the City had operated on that basis,and was questioning the present charge for street construction.Christiansen explained that the street costs amounting to a
little over $11,000, are for items connected with the City's
MINUTES
MAY 23, 1990
PAGE 2
water installation, storm drainage, driveway repair and
connections to City streets, and that the City is not being
charged for the roadway, curb and gutter. Following the
discussion, it was agreed that there had been a misunderstanding
in intrepreting the charges and that the total amount now in
dispute is $13,000. The City Engineer will work with MN DOT in
an attempt to remedy the situation.
DRAINAGE PROBLEM AT IOWA AVE. AND PASCAL ST.
Maurer explained that Bob Fry, the homeowner at 1457 W. Iowa,
had registered complaints regarding the drainage problem on the
street by his residence. Maurer agreed that there is a problem
which could easily be solved but would be relatively expensive
if done as a separate project. He recommended postponing any
work until it can be made a part of a larger project such as the
proposed 1991 street improvements. Council discussed the matter
after which it was decided to include the repair with the first
future construction project. Maurer will explain the situation
to Mr. Fry.
PARK BUILDING UPDATE
Dick Friemuth, Buetow and Associates, provided a progress report
on the new park building construction and indicated the
contractor is confident it will be finished on schedule.
DISCUSSION - WATER CONNECTION COSTS FOR PARK BUILDING
Wiessner explained that there has been much confusion
surrounding the water connection costs and that there are two
separate issues involved; costs attributed to the increase from
a 4" to a 6" line for the sprinkler system, and costs directly
due to connection to the St. Paul system. Friemuth stated the
specifications did include water connection costs, however
bidders were unable to get prices from St. Paul and for that
reason, the bids did not include this item. Many bidders did
make note of this fact; however, Jefferson Construction did not
acknowledge the fact that water connection costs were not
included in their bid, and it was assumed that the cost was
included. Friemuth assured Council that all prospective bidders
were provided with an addendum making it clear that the bid must
address water connection. Letters from Jefferson Construction
5/18/90) and Buetow & Associates (5/21/90) relating to the
matter were discussed, after which Maurer suggested that one
solution Council might consider--to pay the actual price for St.
Paul's charges, approximately $3,000, and not pay the amount
listed for the contractor's overhead, profit, etc. Following a
thorough discussion, Jacobs moved that the City be responsible
for payment of the cost of $3,017 for increasing the size of the
line from 4" to 6". Upon a vote being taken the following voted
in favor thereof: Gehrz, Jacobs and Wallin, and the following
voted against the same: Baldwin and Ciernia. Motion carried.
MINUTES
MAY 23, 1990
PAGE 3
I~ REQUEST FOR "NO PARKING" ON EAST SIDE OF ARONA, CALIFORNIA TO
LARPENTEUR
Ciernia explained that on March 23rd the Planning Commission
discussed a request from Susan McAllister, 1513 W. California,
that the east side of Arona, Larpenteur to California, be posted
No Parking". The McAllisters have encountered problems with
littering and damage to their landscaping by drivers of the
parked vehicles, and trouble in making a safe exit from their
driveway due to such vehicles. A majority of the drivers are
believed to be residents of the apartment building at Larpenteur
and Arona where garages are available but are apparently unused
due to the rental charge and inconvenience of accessing the
garages. Council discussed the alternatives presented in the
City Planner's memo of May 14, 1990 and the recommendation made
by the Planning Commission, after which Ciernia moved that "No
Parking" signs be posted fifteen feet to the south of the
McAllister driveway to fifteen feet to the north of the
furtherest edge of the alley as recommended by the Planning
Commission. Motion carried unanimously. Staff was directed to
work with the apartment owner to attempt to find a solution to
the tenants' parking problem.
USE OF ALCOHOL IN CITY PARKS PROHIBITED
As requested by Council at a previous meeting, City Attorney
Gedde informed that he had researched the concern that the City
would have increased liability by continuing the issuance of
permits for use of beer in the parks, and has determined the
City would not increase liaibility by allowing consumption in
the parks. Baldwin explained that there have been discussions
of two opposing ideas, one--that parks are not an appropriate
place for consumption of alcohol and two--the park is a peoples'
park and may be an appropriate place. Council discussed the
fact the Parks and Recreation Commission have consistently
opposed the use of alcohol in the parks, that there is no
monitoring to prohibit use by minors; many residents are opposed
to alcohol in the parks, whether or not prohibiting use would be
legislating against those who do not break the law; and there
are already State Statutes and City Ordinances which may be
enforced to punish violators. Following the discussion, Gehrz
moved that Ordinance 0-90-6 be adopted and that proper signagebeprominentlydisplayedattheparkstatingthatalcoholis
prohibited. Upon a vote being taken the following voted in
favor thereof: Gehrz, Jacobs and Wallin, and the following
voted against the same: Baldwin and Ciernia. Motion carried.
ORDINANCE 0-90-6
AN ORDINANCE AMENDING SECTION 3-4.01, SUBDIVISION
4(e) PROHIBITING ALCOHOLIC BEVERAGES IN ANY CITY
PARK
MORATORIUM DECLARED ON ISSUANCE OF BEER PERMITS
Council declared an immediate moratorium on issuance of any
permits for use of alcohol in the parks.
MINUTES
MAY 23, 1990
PAGE 4
REQUEST FOR EMT=I TRAINING FOR RESCUE WORKERS DEFERRED AWAITING
RESULTS OF RESCUE TASK FORCE RECOMMENDATIONS
Rescue Captain Ray Brown presented information on the cost of
the proposed training to upgrade Rescue Squad Members from EMT
to EMT-I status, and a request for authorization to solicit
training funds from the Falcon Heights/Lauderdale Lions Club.
Council discussed whether or not the training would be
beneficial to the community, and questioned the true cost, such
as retraining to maintain the EMT-I level, the projected use
required to cover increased costs while still maintaining
competitive ambulance fees, and whether or not the Rescue Task
Force would support it. Council referred the matter to the
Rescue Task .Force for discussion and requested answers to the
questions regarding ongoing costs.
APPROVAL OF 1989 AUDIT REPORT
Council approved the Audit Report for the year ending December
31, 1989 as presented by Dick Ellsworth of George M. Hansen
Company, P.A.
RESOLUTIONS REGARDING 1666 COFFMAN TORRENS PROCEEDING
Gedde explained there are some problems with titles to the
property and both the residents of 1666 Coffman and the mortgage
companies are becoming uneasy. He then presented Proposed
Resolution R-90-23 approving the deeds on the property and
approving the development Agreement on which formal action is
required for title purposes. He also presented proposed
Resolution R-90-24 approving an agreement between the City and
the University of Minnesota relating to a utility easement and
amending the legal description on the lease for University Grove
Park. Gedde assured Council the Resolution will not change the
boundaries of the existing park land. Jacobs moved adoption of
both resolutions which carried unanimously.
RESOLUTION R-90-23
A RESOLUTION APPROVING DOCUMENTS REGARDING
1666 COFFMAN (DEEDS AND DEVELOPMENT AGREEMENT)
RESOLUTION R-90-24
A RESOLUTION APPROVING AGREEMENT REGARDING
EASEMENTS AND APPROVING AGREEMENT AMENDING
AND RESTATING LEASE FOR UNIVERSITY GROVE
PARK PROPERTY
CELEBRATE DRUG FREE COMMUNITIES PROGRAM - RED RIBBON CAMPAIGN
Gehrz, speaking on behalf of the Drug Free Committee, requested
permission to tie red ribbons on City street and No Parking
signs, and to authorize using the City Hall address for mailing
donations to the project. Council approved both requests.
MINUTES
MAY 23, 1990
PAGE 5
CANCELLATION OF JUNE 13, 1990 COUNCIL MEETING
Council cancelled the June 13, 1990 meeting due to the fact that
three Councilmembers will be attending the League of Minnesota
Cities Conference in Duluth at that time.
WORKSHOP SCHEDULED TO DISCUSS COMMUNITY SURVEY
Baldwin suggested Council consider authorizing staff to hire
Decision Resources to conduct a Community Survey as discussed at
the April 25th meeting, and to schedule a subsequent workshop to
discuss the survey. Following a brief discussion, Council
scheduled a Workshop for June 6, 1990 at 6:00 P.M. to discuss
possible survey questions and whether or not the survey would be
cost effective.
ADMINISTRATOR'S REQUEST FOR LEAVE OF ABSENCE APPROVED
Wiessner informed Council that she has received a four week Bush
Leadership Fellowship which would involve a total leave of 16
work days, and requested that she be granted a leave of absence
for that period of time. Ciernia moved that the leave of
absence be granted and that the City contribute up to $1,200
toward the cost. Motion carried unanimously.
PUBLIC HEARING ON PROPOSED ORDINANCE 0-90-7 RELATING TO SWIMMING
POOLS
Baldwin opened the Public Hearing at 10:20 P.M. and noted that
the hearing notice was published in the May 16, 1990 Focus
Newspaper. There being no one wishing to be heard, the hearing
was closed at 10:21 P.M. Council briefly discussed the latest
draft of the proposed Ordinance and after making one change
relating to chain link fences, Wallin moved adoption of
Ordinance 0-90-7. Motion carried unanimously.
ORDINANCE 0-90-7
AN ORDINANCE AMENDING SECTION 9-14.01, SUBDIVISION
16 OF THE CITY CODE RELATING TO SWIMMING POOLS
ADJOURNMENT
The meeting was adjourned at 10:30 P.M.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
Consent X
Policy
ITE'! DESCRIPTION:
SUBMITTED BY:
CITY OF FALCON SEIGHTS
REQUEST FOR COUNCIL CONSIDERATI021
DISBURSEMENTS
Tom Kelly
IIG~I,ANATION/SUH?SARY (attach additional sheets as necessary)
a) General Disbursements through 6/27/90, $79;822.51
b) Payroll, 6/1/90-6/15/90, $12,930.17
ACTIOIZ REQUESTED:Approval
Agenda Ittm: E-1
Beefing Date:6/27/90
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14 Jun 1994 Paid Register p~gA 1
Thu 7:56 RM City of Falcon Heights 1
Pay PaykEmployeeEmployeePayGroupGrauP CheckberNumberName .Period Number Dcscrr;nt,~n rh~.~ n,~,,,~n+ n~+e ca_~.._
018444
018445
G 4,00 15-Jun-90 VOID
0 0.00 15-Jun-90 VOID
O1B44b 000400002 Wiessner, Janet~R.11 01 semi-monthly 1,158.73 15-Jun-94 Outstanding018447000000004Kriegler, Carol J.11 OI semi-monthly 525.57 15-Jun-90 Outstanding0184480400011Chenoweth, Shirley G.11 41 semi-manthly 757, b3 15-Jun-90 Outstanding018449000000020Iverson, Terry D.li 01 semi-monthly 781.69 15-Jun-90 Outstanding01845040000027Morgan, Jay M.11 01 semi-monthly 693.51 15-Jun-94 Outstanding01845! 000000035 Zimmerman, Katherine 11 01 semi-tenthly 856. b0 15-Jun-90 Outstanding0184520040038Wright, Vincent D.11 01 semi-manthly 766.38 15-Jun-90 Outstanding018453p00040448Marshall, Timothy 11 01 semi-manthly 323.80 15-Jun-90 Outstanding018454000000063Phillips, Patricia A.li 01 semi-manthly 620, i1 15-Jun-90 Outstanding018455000000065Kelly, Thomas R.11 ai semi-monthly 825.47 15-Jun-90 Outstanding018456000000075PICKA, GEORGE 11 41 semi-manthly 90,00 15-Jun-90 Outstanding018457004400479HvytTaff, Susan L.li 01 semi-monthly 428,38 15-Jurr90 Outstanding018458000000091Swenson, DeLoris J.it 41 semi-manthly 255,28 15-Jurr90 Outstanding018459000000092Peterson, Gregory S.11 01 semi-monthly 316.04 15-Jun-94 Outstanding418460000000003Baumann, Nicholas B.b 02 monthly 1 366,52 15-Jun-90 Outstanding018461000000005Berndt, Ross 6 02 monthly 1 160.63 15-Jun-9G Outstanding018462000000006Bianchi, David R.b 02 monthly 1 104.3$ 15-Jun-94 Outstanding018463000000008Brown, Raymond F.6 02 monthly 1 327.00 15-Jun-90 Outstanding018464000000013Clarkin, Michael D.5 02 monthly 1 79.13 15-Jun-94 Outstanding018465040444014Dow, Michael J.5 02 manthly 1 274.83 15-Jun-90 Outstanding66000000015Dowdell, Ralph L.6 02 monthly 1 33.75 15-Jun-90 Outstanding7OOOOOOOlbFuller, James D.6 02 manthly 1 58.13 15-Jun-90 Outstanding01$468 000000018 Halmgren, Jot-n M. Sr.6 02 monthly 1 156.26 15-Jun-90 Outstanding018469000004021KurhaJetz, Ciement M.6 02 manthly 1 164.38 15-Jun-90 Outstanding018470000000023LeMay, Douglas b 02 monthly 1 173,11 15-Jun-94 Outstanding018471OOOdQ4424Lindig, Leo
418472 004000025 McDermond Cindy K
6 02 manthly 1 121.23 15-Jun-90 Outstanding
018473 000400026 McNabb, Gerald
6
6
42
42
manthly 1
monthly 1
57.50 15-Jun-94 Outstanding
18.75 15-Jun-90 Outstanding018474004400029Olson, Joseph E.6 02 manthly 1 93.13 15-Jun-90 Outstanding018475004000032Schaefer, Richard A.6 02 monthly I 110.63 SS-Jun-90 Outstanding418476400000033Schauffert, Craig F.6 02 monthly 1 49, 3B 15-Jun-94 Outstanding018477000000034Smida, Gail 6 02 manthly 1 185.13 15-Jun-90 Outstanding0184784000x4039Morgan, Jay 6 02 monthly 1 118.25 IS-Jun-94 Outstanding018479G0~0444 Kayser, Douglas 6 02 rsronthly 1 14b.2b !5-Jun-90 Outstanding018484004000442Stolz, Steven P.
418481 400000045 Gilbert Jerome J
6 02 monthly 1 60.63 15-Jun-90 Outstanding
018482 444000046 Holmgrery John H. Jr.
6
6
02
02
manthly !
manthly 1
140.72 15-Jun-9U Outstanding
286.01 15-Jun-90 Outstanding018483xx447McNabb, Kevin b 02 monthly 1 7s. 76 15-Jun-90 Outstanding018484000000449Anderson, Kevin L.fi 02 monthly 1 162.88 15-Jun-94 Outstanding018485004004064PETERSON, GREGORY 5.6 02 monthly !29..`',99 15-Jun-90 Outstanding01848604x04x469Martinez, Joseph L.6 42 manthly 1 120,04 15-Jur,-90 Outstanding018487400040484Hassel, Richard b 02 awrnthly !221.26 15-Jun-90 Outstanding018488040000085Herald, Nathaniel 6 42 manthly 1 243,13 15-Jun-94 Outstanding018489000000087Iverson, Terry D.b 02 manthly i 134.38 15-Jun-9x Outstanding018494000444093Niles, Dirk F,6 Ot manthly 1 36.88 15-Jun-90 Outstanding
Grand Total
12, 930.17
Content X
Policy
ITE'i DESCRIPTION:
SUBMITTED SY:
REDIEi~FED BY:
Agenda Item: E-2
CITY OF YALCOI~ HEIGHTS 2Seetiag Date• 6/27/90
REQUEST YOR COUNCIL CONSIDERATION
CONDITIONAL USE REQUEST FOR A PET GROOMING AND LIMITED
PET BOARDING BUSINESS AT 1660 N. SNELLING
Ms. Roberta Madison
Planning Commission
Susan Hoyt Taff, City Planner
I,ANATIONfSLTH2SARY (attach additional sheets as necessary):
Ms. Roberta Madison is requesting a conditional use permit to operate
a pet grooming and limited pet boarding business. at 1660 Snelling Avenue
North in the Northome Shopping Center in a B-2 zone.
The space was previously used by a veterinary clinic which was granted
a conditional use permit. The new use requires a new conditional use
permit because it falls under 9-10.01, Subdivision 2 - other retail
uses of a similar nature. This use is similar to a veterinary clinic
9-10.01, Subdivision 2(n) because it provides animal care. The
conditional use permit is necessary for the pet boarding portion of the
business.
ATTACHMENTS
A. Proprietor's description and plan
B. Planner's report on a request for a conditional use permit for
a pet grooming and limited pet boarding business.
C. Resolution
The Planning Commission is holding a Public Hearing on this item on
June 25, 1990. The information from the meeting will be made available
to Council as soon as possible following the meeting)ACTION R,EQpESTED:
Adoption of a Resolution granting the conditional use permit and
setting forth conditions as recommended by the Planning Commission.
r~
J
Attachment C
No.
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date June 27, 1990
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
OPERATE A PET GROOMING AND PET BOARDING BUSINESS
AT 1600 N. SNELLING, NORTHOME SHOPPING CENTER,
IN A B-2 DISTRICT
WHEREAS, the City of Falcon Heights received an application
from Roberta Madison for the issuance of a conditional use permit
to operate a pet grooming and pet boarding business at 1600 N.
Snelling, Northome Shopping Center in a B-2 District; and
WHEREAS, the City Council did carefully consider the request
as well as the recommendations made by the City's Planning
Commission of ter holding the required Public Hearing; and
WHEREAS, it was determined that the conditional use permit
meets all the general and specific requirements set forth in
Section 9-15.04, Subdivision 3(a) of the Zoning Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Falcon Heights that a conditional use permit for the operation
of a pet groaming and boarding business at 1600 N. Snelling be
granted subject to the following conditions:
1. Maintain limited boarding as a secondary business. Board
a maximum of ten animals including the business owners
animals, but not including animals on the premises for
grooming only with no overnight accommodation.
2. Adhere to all Animal Welfare Laws in Chapter 343 of the
Minnesota State Statutes.
Approved by
Mayor
Date
YEAS NAYS
BALDWIN
CIERNIA
GEHRZ
WALLIN
JACOBS
Adopted by Council
In Favor Attested by
City Clerk
Against
Date
Council Resolution
Pet Grooming & Boarding Business
June 27, 1990
Page 2
3. Maintain a clean environment inside and outside the
business with sanitary disposal of all wastes, cleaning
up after clients on the walk and in the parking lot as
necessary.
4. Keep the business within the building except for the
coming and going of clientele. No outside cages,
kennels, or exercising of animals.
5. Review the status of the operation within one year after
approval.
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PET GROOMING SALON
Attachment A
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Attachment B
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MEMORANDIIM
TO: Planning Commission
FROM: Susan Hoyt Taff, City Planner
RE: Request for a Conditional Use Permit for a Pet Grooming
and Limited Pet Boarding Business
Ms. Roberta Madison, proprietor of Coiffure de Chien in Midway
Parkway, is planning to open a pet grooming business in the
Northome Shopping Center, 1660 Snelling Avenue North, in the
location previously occupied by the veterinary clinic. Although
her major business will be pet grooming, she proposes to board a
maximum of-ten-animals as a supplement to her grooming income.
Ms. Madison has operated a pet grooming and limited boarding
business in her home for over four years. She also raises show
dogs. She would like to specialize in pet grooming and eventually
offer classes on pet selection and pet care.
The pet grooming business does not require a conditional use permit
since it is similar to a pet store (a permitted use) and to the
veterinary clinic which was granted a conditional use permit at
this location. However, the limited boarding operation does
require a conditional use permit. It is similar to the
hospitalization allowed with a veterinary clinic or the keeping of
pets for sale in a pet store. Our zoning code clearly prohibits
an exclusively pet boarding facility with outdoor cages and
kennels.
Since pet boarding should be a secondary and supplemental business
activity in this facility, Ms. Madison would like to board a
maximum of ten animals at one time. These animals may include some
of her own dogs. They will not include dogs brought in for
grooming during business hours.
The Hennepin County Humane Enforcement Officer said there are no
specif is limits to the number of animals that may be boarded if
the proper facilities are available. All persons must meet the
Minnesota laws governing animal welfare in Chapter 343 of the
Minnesota State Statutes. He said any complaints regarding
violations of these laws would be followed up by the Ramsey County
Humane Enforcement Officer. He suggested the proprietor contact
this person for a written publication on the laws and requirements.
U
1
The proposed use in this location meets all the general and
specific criteria for granting a conditional use permit provided
the operator meets all the state laws governing animal welfare in
Chapter 343 of the Minnesota State Statutes.
Therefore, the conditional use permit is recommended for approval
for a pet grooming and boarding business with the following
conditions:
1. Maintain limited boarding as a secondary business.
Board a maximum of ten animals including the business owners
animals, but not including animals on the premises for
grooming only with no overnight accommodation.
2. Adhere to all Animal Welfare Laws in Chapter 343 of the
Minnesota State Statutes.
3. Maintain a clean environment inside and outside the business
with sanitary disposal of all wastes, cleaning up after
clients on the walk and in the parking lot as necessary.
4. Keep the business within the building except for the coming
and going of clientele. No outside cages, kennels or
exercising of animals.
5. Review the status of the operation within one year of ter
approval.
Cans~nt X
Policy CITY OF FALCON HEIGHTS
Agenda Item: E-3
Meetiag Date:6/27/90
jtEQUEST FOR COUNCIL CONSIDERATION
ITE:i DESCRIPTION:
SUBMITTED BY:
REVIEi3ED BY:
REQUEST FOR A PERMITTED ACCESSORY USE FOR A UTILITY
BUILDING AT 1777 ARONA ST.
Robert Stangl, 1777 Arona
Planning Commission
Susan Hoyt Taff, City Planner
I.ANATION/SUl4SARY (attach additional sheets as necessary):
Mr. Stangl plans to construct a utility shed in his rear lot one foot
from his fence along his rear property line and several feet from
his side lot lines. The structure will be 8 ft. tall by 12 ft. wide
by 8 ft. long and will be stained with a natural finish.
The structure and its location meet the requirements of the zoning code
9-2.04(1)(c) and 9-2.04(1)(1). The structure requires a building
permit because it exceeds 90 square feet. -
The Planning Commissions' recommendation will be available prior to
the Council meeting.
t'A ~.
X t2i
ACTION REQUESTED: Approval
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Consent X
Policy
Agenda Item: E-4
CIT7i OF FALCOI` HEIGHTS ?Beefing Date: 6/27/90
REQUEST YOR COUNCIL C02iSIDERATIBN
ITE'i DESCRIPTION:
SUBMIZTID BY:
REVZES~FED BY
REQUEST FOR A VARIANCE FROM FENCE HEIGHT REQUIREMENTS
OF THE CITY CODE
James Lammers, 1697 N. Hamline
Planning Commission
Susan Hoyt Taff, City Planner
E~LANATION/SLT24SAAY (attach additional sheets as necessary)
Mr. Lammers, property owner and resident of 1697 N. Hamline Avenue, is
requesting a variance from Section 9-2.06 1(b) and 1(f)(5) of the zoning
code to allow him to construct an eight foot high fence along his. front
property line and along the entire south side lot line. The variance is
necessary because 9-2.06 1(b) limits the height of all fences to six feet
and 9-2.06, Subd. 1(f)(5) restricts fences to three feet in height within
the front yard setback. _
In order to qualify for a variance, the propertyowner must demonstrate
that there is a uniqueness and hardship to the property to justify departing
from the normal requirements of the zoning code.
ATTACHMENTS:
1. 9-2.06, Subd. 1(b) and 1(f)(5) regarding fences
2. Letter from Mr. Lammers
3. Site plan for 1697 N. Hamline
4. Photo of Sabers/Tire Plus
5. Planner's report on request for a variance at x..697 N. Hamline
6. 9-15.03, Subd. 4, Standards for Granting a Variance
The Planning Commission's recommendation will be available prior to
the Council meeting).
ACTION REQtTES2ED
PLANNING AND DEVELOPMENT 9-2.06 2.07
g-2.06 Fences
f~tCk~-t~f:.~.t~t- 2
Subdivision 1. Fences may be allayed in any zone and are subject to
the following:
a. All fences shall be kept in good repair, painted, trimmed and
well maintained. In the event a front yard fence is adjacent to and
parallel with the front lot line (or side lot line on the street
side of a corner lot), such fence shall be set-back at least one
1) foot from the street R!W or property line.
b. Solid walls
grades shall be
in excess t above
c. That side of the fence considered to be the face (finished side
as opposed to structural supports) shall face abutting property.
d. Ali fences shall require a building permit in addition to any
other required permits.
e. No fences shall be permitted on public rights-of-way.
f. Fences may be permitted along property lines subject to the
following:
1. Fences may De placed along property lines provided no
physical damage of any kind results to abutting property.
2. Fences in commercial and industrial districts may be
erected on the lot Line to a height of sis (6) feet plus two
2) feet fora security (barbed wire or other) arm.
3. ia'here the property line is not clearly defined, a
certificate of survey may be required by the Zoning
Administrator to establish the property Line.
F. Fences located within the side and rear yard non-buildable
setback areas beginning at the rear building line and fences
located within the buildable area of a lot shall got exceed
sin (6) feet is height from finished grade.
In residential districts, no f
front non-buildable setback area s;
thirty-six (36) inches in height._.
9-2.07 EeiRht Limitations
Subdivision 1. Limitations
Any structural height exceeding the following limits may be permitted
32
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30 May 1990 _ - - -- - _ 2 ~ ..~~ ~ ~ ~~>~ ~
t .~ ~ .Susan Hoyt Taft, Gity Planner - - _
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City of Falcon Heights _ _ .. ~'.~~r ~ .
2077 West Larpenteur Avenue ~ ~ '_ _ - ~ ~:-'
Falcon Heights, Minnesota 55113 - - "r
3
Re: Variance Request ~ ~ - -
1697 North Hamline -. ~ - - ~ -
Susan ~'' -'-~' ~ =~~
7 ' .~
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Per our discussion on this date, I am writing to support my request for variance to install an eight foot high ;;:
solid board fence along my east and south.propertyiines. °`' ~ ~ ` ~, ~ ~' ``~`
In 1971-.I.planted a Zabel's White Honeysuckle hedge along Hamline Avenue. In 1973 Dr John Thatcher : ~j' j
planted a Red Zabel's Honeysucke hedge along my south property lirie,to screen his clinic parking lot. ~° ~-`~"
Unfortunate) ,hone suckies_have been afflicted with a root fun us and this cou fed with the~recent drou ht ~ ~ ~'"Y Y 9 P _ 9 h ,~shas~~kifled 'nearly two thirds of these hedges. -; ~ ~ r ~ ~r ;r
3.-,,
My property is located very close to one of the busiestintersections in .Falcon Heights: l abtit~ corrimercial
property to the south. I am across the.,street from commercial property in Roseville acid across the
intersection from commercial property In :St. Paul. Sin_ ce it is unlikely that. the commercial property will, revert ,
r to residential use; my property is and will remain a bufferseparating the neighborhood from a very. busy. ~ ~~,,,~,-commerc~at intersection ;~ g ~ ',; ``~ " } ~.:~.,,~'.,,~ ,~ ~ - y-~+°~
srs .yr' ±~:~ '~e ='',t~ ]t -: _ {~~ y~-' ~ ~-%~ ~-'. rix~+ 1. ,~_'s' i7~ ~ 'F+'*u71 A'
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y ~1 _ _ ',yet u+. ,~ 4 m `'.7~ ~~,~~v" J" ~ r;; 7<~ Y. ,+~i... ?)x. ~tli ~8~f-ti ~ re . 1:.~5f L`"S,. ~'!',tk~ " ~ ~... :~ :. ,; av`.s ti;a l,+a-..~ y =~~ ~ :,~•C~19 ~::'-F-."G"yA C.,k ''i ;,~~55~ 'e~A .lY~~f„ ~T~''K,tr .i.
y ~Altiiough, a hedge would provide an_ adequate screen. l am requesting an opaque :fence because it will ~~ . w j
provide better sound isolation from increasing traffic Hasa' and because
years for h`edges`to mature Furthermore, my trac~C iecord wdh hedges
am requesting,approval~for an eightfoot fence because 1 _ +Jr .. .. ~ _ -.~ ,~.~,. _ ~ _,~ .;,
am concemi
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ATTACHMENT 5
MEMORANDUM
TO: Planning Commission
FROM: Susan Hoyt Taff, City Planner
RE: Planner's Report on the Request for a Variance from Section
9-2.06 (1) (b) AND (1) (f) (5) of the Zoning Code at 1697 North
Hamline Avenue in an R-1 Zone
INTRODUCTION
Mr. Lammers is requesting a variance from Section 9-2.06 (1) (b) and
1)(f)(5) of the zoning code to allow him to construct a permanent
eight foot high fence along his front property line and along his
entire south side lot line. The proposed fence will replace a
dying hedge on his property. The variance is necessary because
fences are restricted to six feet in height in the side and rear
yards, and to three feet in height in the front yard.
To be granted a variance, the petitioner must prove to the Planning
Commission and the City Council that the existing zoning code
creates a unique hardship to this property that is not found in
other parts of the City in an R-1 zone. The Planning Commission
and the City Council must FIND that all standards for granting a
variance, 9-15.03 Subdivision 4, are met to grant a variance (see
Attachment 6).
UNIQUENESS AND HARDSHIP
Mr. Lammers identifies two hardships that impinge on his enjoyment
of his property (see Attachment 2).
1. Noise from the traffic along Hamline Avenue
2. Visual blight from the adjacent and directly opposite
commercial land uses (see Attachment 4).
L_J
The Commission is charged with determining the validity and
uniqueness of these hardships to this particular property compared
to other properties in the R-1 zones. In regard to the first
hardship, traffic along Hamline, there are several examples of
residences in the R-1 zone that experience the noise from traffic
along Hamline Avenue, Larpenteur Avenue, Snelling Avenue and, to
a lesser extent, Roselawn. Therefore, this does not appear to be
a unique hardship to this property owner. And the variance would
be inappropriately granted for this hardship.
1
F-2
In regard to the second hardship, the visual blight from the
adjacent and directly opposite commercial land uses, 1697 N.
Hamline is located DIRECTLY across from a commercial auto repair
shop with a parking lot in the front of the repair shop.
The .parking lot is used to park vehicles being serviced. There are
only a few other residential properties in an R-1 zone located
across the street from a commercial establishment, (those across
from the dry cleaner on Larpenteur come to mind); none have so much
long-term parking. There are several residential properties in an
R-1 zone located adjacent to commercial uses (e.g. Ciatti's and the
homes behind Bullseye Plaza).
Under our current zoning code a barrier is required between
commercial establishments with parking lots within 30 feet of an
R-1 zone. This barrier might be a six foot high fence. Therefore,
the proposed fence along the entire south side lot line, which is
the rear property line of the Thatcher Clinic, is in keeping with
the intent of the zoning code, if restricted •to six feet.
Nevertheless, it requires a variance. However, the proposed
fencing along the front lot line to reduce vision across the street
is not in keeping with the intent of the code, which is designed
to maintain open, barrier-free front yard setbacks for visual
continuity throughout the City. However, 1697 North Hamline is the
only property DIRECTLY across from a commercial service with
vehicles always parked outside. Therefore, it might be considered
a unique case.
FINDINGS
If the Planning Commission f finds that this criterion of adjacent
and opposite commercial land uses is unique to 1697 North Hamline,
and if it finds that a hedge is not an adequate barrier, and if it
finds that all the conditions for granting a variance are met, it
may grant a variance from 9-2.06 1(f)(5) which limits a fence to
three feet high within the front yard set back.
There appears to be no justification for an eight foot fence, which
exceeds all fence heights by two feet even when barriers are
required by the zoning code.
CONDITIONS
To retain the intent of the zoning code and consistency throughout
the R-1 zone in the City, if this variance is granted, the
following conditions are recommended for your consideration:
1. Restrict the fence to six feet in height.
A hedge can grow beyond 6 feet if the owner desires).
2. Require the fence parallel to the front lot line to be
at least twenty feet from the front lot line.
2
F-2
The house is 42 feet from the front lot line) .
This condition will:
a) decrease visibility from the residence without
requiring a higher fence
b) keep 20 ft. of the required front yard (30 ft.) free
of barriers as the code intended for visual
continuity throughout the City in R-1 zones
c) be consistent with the few examples of front yard
barriers in yards in the City
d) allow the property o~1eveta tallerabarrieraatnsomeefrontlotlinetoachie
future date.
MOTION
Finally, •
nto t
mmot on when titlgrantsroredenies th Ds variance.a
variance i
3
2
ATTACHr1ENT 6
PLANNING AND DEVELOPMENT 9-.15.03
a~'«-p3 STANDARDS FOR GRANTING A VARIANCE
Subdivision ~F. Standards for Granting of Vary ante. •No variance shall
be granted unless the City Council shall make without qualification on
the basis of evidence presented at the meeting the following findings:
a. That the granting of the variance will not be detrimental to the
public welfare;
b. That the granting of the variance will not substantially
diminish or impair property values or improvements in the area;
c. That the granting of the variance is necessary for the -
preservation and ea~oyment of substantial property rights;
d. That the variance will not impair an adequate supply of light ~.
and air to adjacent property;
e. That the variance will not impair the orderly use of the public
streets;
f. That the variance will not increase the danger of fire or
endanger the public safety; - •
kig. -T~Thether the shape, topographical conditiaa or other similar
characteristic of the tract is Huth as to distinguish it
substantially from all of the other properties in the zoning
district of which it is a part, or whether a particular hardship, as
distinguished from mere inconvenience to the owner, would result if
the strict letter of the Chapter were carried out;
kh. iihether the variance is sought principally to increase financial
gain to the owner of the property,~and to determine whether a
substantial hardship to the owner would result from a denial of the. .•
variance;
i. Tiihether the conditions which give rise to the application for
the variance arose after the adoption of this Chapter of the Code of
the City of-Falcon Heights or any amendment thereto which placed the .
tract in a coning district different from what it was under the
Chapter. In the consideration of this item,--the City shall make -
diligent inquiry as-to all changes in the property and shall refuse
to grant-the-variaace~iZ the problem is one that can be solved
through a proper application of a•eonditional-use permit-or an
saendment of the Zoning •code.•~•Financial hardship shall cot be a
basis for the granting of a~~tariaaee when the owner purchased the
property is reliance on-a promise that a variance would be granted, _
and the City shall dismiss the appeal if it shall appear that the
property was purchased on such reliance.
Subdivision 5. Conditions. The City may attach such conditions to
the grant of the variance as it shall determine will be necessary or
desirable to bring it within the purpose and-intent of the Chapter. A
public record shall be maintained of such conditions.
X
Consent
Policy
r~
L~
Agenda Item: E-5
CITY OF FALCON EEICHTS ?Beefing Date: 6/27/90
EQUEST FOR COUNCIL CONSIDERATION
ITE~! DESCRIP?ION:
SOLID WASTE COMMISSION MINUTES OF JUNE 7, 1990
SUS?fITTED BY:Solid Waste Commission
REVZE'i~D BY: ~S. Chenoweth
LANATZON/SUrQ~iARY attach additional sheets as necessary):
See Minutes attached.
AC?IOI~ REQIIESTgD:
V
MINUTES
Solid Waste Commission Meeting
7 June 1990
The meeting was called to order by Chairperson Thompson at 7:04pm.
COMMISSION MEMBERS PRESENT: Michael Haglund, John Hustad, Terry Iverson,
Laura Kuettel, Marty McCleery, Lyle Wray, John Thompson and Shirley Chenoweth,
Staff Representative.
COMMISSION MEMBERS NOT PRESENT: Leo Klisch and Nancy Misra
GUEST: Colleen Halpine~Ramsey County Environmental Health Department
APPROVAL OF AGENDA: The agenda was approved by consensus.
APPROVAL OF MINUTES: The minutes of the last meeting were approved with a
motion by Michael Haglund seconded by Terry Iverson.
RECYCLING COORDINATORS' PARTY FOLLOW-UP: John Thompson suggested the
Commission choose an alternative plan for recognizing the coordinators because
of two low turnouts. The Commission agreed that recognition was important and
suggested: certificates; a party every few years; bin drawings in addition to
the regular recycling drawing.
Marty McCleery inquired as to the true participation of coordinators. Shirley
Chenoweth reported that the volunteers regularly call for information and new
signage. John Hustad and Marty McCleery will join in placing signs out on
appropriate days.
Colleen Halpin stated that funding for bins, through the county,, will most
likely not be available in the future.
AD-HOC COMMITTEE ON MULTI-HOUSING RECYCLING: The budget contains $4,260 for
multi-housing in Falcon Heights (pickup - $3,000, containers - $1,260). There
are 396 units in 26 buildings.
Nancy Healy, Supercycle, informed John Hustad that it would cost $80 per
container at $60/hr for pickup. Shirley Chenoweth informed the Commission
that Supercycle had previously quoted a price of $54/hour for weekly pick-up.
John Hustad suggested a six month start-up by the city to be taken over by the
owners. Another suggestion would be to provide bins if they pay for the
service.
Colleen Halpine,suggested presenting multi-housing unit owners with information
explaining the savings in garbage bills with the start of a recycling
program. She also stated that Ramsey County tonnage estimates were,_at or
exceeding amounts budgeted for 1990 and there would not be any left-over
funding.
Laura Kuettel asked Colleen Halpin~.to explain the February 1990 "due-date" for
mandatory multi-housing recycling to be implemented by the city or the
county. Colleen Halpin stated that there was no funding for this program and
it would not be pursued by the county at this time. _
MINUTES
Solid Waste Commission
June 7, 1990
page three
WORKSHOP WITH HAULERS/PUBLIC HEARING
It was decided that a workshop with the haulers and council would not be
scheduled until the Commission or the Council felt one should be held. In the
meantime, Colleen Halpir~suggested we plan for the public hearing with
information as to the direction the Commission is heading, reports and/or
survey results, and a summary, in writing.
Meeting with Council/Haulers
Newsletters (three)
List of Solid Waste Commission accomplishments
Resolution items listed
TERRY IVERSON UPDATE
On Thursday, June 14, 6:30pm there will be a Fire Prevention Seminar.
Children are encouraged to attend, exit drills will be practiced.
At this time, the capping of wells is not necessary until your home is sold.
It will cost the average homeowner $350 - $400 to have the well sealed by a
state-registered contractor. Lyle Wray mentioned that the state may be moving
to require capping regardless of property sales.
John Thompson thanked Colleen Halpinefor her presence and assistance.
John Hustad moved to end the meeting, Lyle Wray seconded.
The meeting was adjourned at 8:35pm.
Respectfully submitted,
Laura Kuettel, Secretary
X
Coaaent
Policy CI?Y OF lALCON HEIGHTS
p,EQUEST YOR COUNCIL CONSIDERATION
ITE'! DESCRIPTION:
SUB?SZTTID SY
RFVTFLTF'Tl BY_
REQUEST TO SCHEDULE A PUBLIC HEARING REGARDING
ORGANIZED COLLECTION.
Solid Waste Commission
S. Chenoweth
Jan Wiessner
E~LANATION/SUrQip.RY (attach additional sheets as necessary)
Agenda Item: E-6
2Seetiag Date:6/27/90
Due to modifications in State statute at the last legislative session,
the notice period prior to implementing organized collection has
increased from 90 to 180 days. This makes it impossible for Falcon
Heights to implement a change by January 1, 1991 as has been discussed.
However, the Commission would like to move forward with discussions
as soon as possible. SuperCycle has extended our present recycling
contract through January of 1991 and has indicated_a willingness to
extend it beyond that period if necessary.
nmmn~HmFn~m~-
a) Solid Waste Commission Resolution
b) Excerpt from Solid Waste Minutes of June 7, 1990
ACTION RgQQESTED: Schedule Public Hearing for August 22, 1990 at 7:30 P.M.
Attachment (a)
CITY OF FALCON HEIGHTS
RESOLUTION
OF
ORGANIZED/INTEGRATED COLLECTION
BY THE
SOLID WASTE COMMISSION
DATE:3 May 1990
WHEREAS, the Solid Waste Commission has determined that organized/integrated
collection results in overall cost savings for the user without sacrificing
service quality, and
WHEREAS, organized/integrated collection will result in less heavy vehicle
traffic on residential streets, and therefore reduce road surface
degeneration, and
WHEREAS, organized/integrated collection will reduce heavy vehicle traffic and
therefore make residential streets safer, and
WHEREAS, the Solid Waste Commission has determined that organized/integrated
collection will promote better overall waste management in our community, and
WHEREAS, the city of Falcon Heights has been a leading community in promoting
sound waste management and environmental pride, and
WHEREAS, Ramsey County has mandated a 35% reduction in waste abatement by the
year 1991 for the city of Falcon Heights, and
WHEREAS, the majority (over 80%) of the respondents to a city-wide survey
indicated their support of organized/integrated collection, and
WHEREAS, organized/integrated collection will reduce the use of fossil fuel
resources and will reduce emissions of air pollutants,
NOW, THEREFORE, BE IT RESOLVED, that the Solid Waste Commission recommends
that the city of Falcon Heights adopt organized/integrated collection as its
waste management system.
Laura Ku ttel, Secretary
John Th n, Chair
Attachment b
MINUTES
Solid Waste Commission
June 7, 1990
page two
HAULER SERVICE FOR THE ~IVERSI'I'~GROVE NEIGHBORHOOD: At an unknown date, the
University of Minnesota will cease funding for refuse pickup in the Grove
area. Jan Weissner, City Administrator, suggested the Commission contact the
Grove Association when we are closer to implementing changes for the city.
TIME LINE FOR ORGANIZED COLLECTION: The notice period, prior to implementing
organized/integrated collection, will be lengthened from 90 to 180 days.
according to Chapter 600. This means that 180 days begins after the
Resolution of Intent, and we must have a public hearing before passing the
Resolution of Intent. Colleen Halpin stated that haulers are aware of the new
law and need time to work together to develop a consortium. Vadnais Heights
was threatened by a law suit for considering bids from non-licensed haulers.
John Hustad moved, Haglund and Iverson seconded and the Commission unanimously
approved the motion to hold a public hearing 'to discuss organized/integrated
collection and to review the resolution.
Supercycle may be used as a subcontractor for haulers and is also involved in
more processing. Halpin said that Supercycle would be very willing to add an
addendum to our contract extending it for 2 to 4 months in conjunction with
Chapter 600. Shirley Chenoweth will check into the extension.
Shirley Chenoweth raised the question of charging for recycling on the utility
bill. Residents presently pay $13.43 to Ramsey County.
Colleen Halpir~e.informed the Commission that New Brighton has been working on
the solid waste program for ten years without coming to a consensus. They
were afraid of a monopoly and held a meeting with their council and haulers.
Although still in the planning stages, the haulers came back to the city with
a plan which is not a contract but could be an ordinance. They routed
themselves throughout the city, set the price and would contribute $1.50 to
the city, per month, per resident for recycling.
On June 26, the County Commissioners will discuss the 1991 grant program.
Colleen Halpir~will keep city administrators informed. She said the result
will probably be less funding.
Halpinesuggested that during the 180 days we meet with haulers and our council
for a workshop.
DATE CHANGES
Due to the July 4 holiday the Solid Waste Commission will meet on Thursday,
July 12.
Due to Commission members on vacation, the Solid Waste Commission will meet on
Thursday, August 9.
John Hustad will be unavailable for the August meeting.
On June 27 Shirley Chenoweth will send out notices for a public hearing to be
held on Wednesday, August 22, at 7:30pm.
Lyle Wray will be unavailable for the public hearing.
Consent X
Policy CITY OF YALCOFi EEICSTS
R.EQUFST YOR COUNCIL CONSIDEiATION
Agenda Item: E-7
Beefing Date: 6/27/90
ITE'~! DESCRIPTION:
SUB?iITT'ID BY
REVZES~~ BY:
PURCHASE SNOW PLOW FOR 1990 PUBLIC WORKS TRUCK
Vince Wright
Jan Wiessner
LANATZON/SIT24'ARY (attach additional sheets as necessary)
We recommend the purchase of a "Sno-way" plow for the new Public Works
truck. This plow will cause less wear and tear on the truck because
all the hydraulic systems are on the plow and it is easily connected
and disconnected seasonally. Also, this plow will not require all the
heavy framework that other plows have hanging on the front of the truck
year-round. Although this plow is slightly more expensive. than traditional
plows, the design will save money i n repairs and maintenance.
The 1990 bond issue included $18,500 for the new truck, of which $14,429.16
has been spent. Therefore, there are adequate funds available to cover
the $2;199 purchase from Thermo King. (This is the only dealer handling
this type of plow).
ATTACHMENTS:
A. Quotation from Thermo. King
B. Sno-way Brochure
ACIIOr RgQUESTED: Authorize staff to purchase Sno-way plow for 1990
Public Works truck.
7
Attachment A
r~
J
TH E R M O KI N ~ SALES a SERVICE, INC. 1951 Old Highway 8, New Brighton, MN 55112
pUOTATIDN
I~ ~ S DATE: :~`"CC.._ JyC
ssi /3
Quantity Description Unit Price Total
1.~ ~~ ~~~ ~~ w rile ~~
c-i ~ ~ C ~~-mil'-~
l
F.O.B. POINT: /N e~,`% i~c~~~•j ~~t-c~.nJ'
8nC ~~t,f~`Ue~..TERMS: days -xiet after delivery of units to specified destination.
DELIVERY: c~ i D c-{'~
c,
This quotation shall remain in effect only until 7 - ~' - `U .Quotations are subject to Standard
Conditions as printed on the reverse side of this form.
THERM,~KING LES & SE 'VICE, INC.
gy rruti
H I-TEC~I LEXAN
AND
STEEL SN01~ BLOWS
n
i
sl~C~~U~~~
ENE ENERGY-SAVING PLflW PEOPLE"
Winner of the Wisconsin society of professional engineers
new product award judged on engineering, ingenuity of
incept, functionality, safety, and appearance.
THERE'S NO WAY LIKE A
The first (1st) snow plow
designed for fuel-efficient
cars and trucks.
What's so special
about aSno-Way?
Rugged ...Lightweight .. .
and Easy To-Install.
Each plow adaptation is
specifically designed for your
vehicle and is engineered not
o exceed manufacturers front
axle ratings.
tallation is quick and easy
no welding or areas of
pecial attachment necessary.
Sno-Way provides step-by-step
instructions and illustrations.
Quick response and easy
operation under any condition
that's how you describe Sno-
Way's one-touch finger-tip control
system. Inside your vehicle, rocker
switches regulate the positioning of the
blade (raise/lower, left/right). '
No mechanical cables or awkward
control handles interfere with operating
performance. Solenoid operated valves
command instant response to your
plows positioning.
Sno-Way is the first compact, high
performance plow engineered for the size
and weight of your car or truck. The. patented
award winning design offers you an energy-
efficient, easy way to clean driveways, sidewalks
and parking lots.
here are other snow plows, but none compare to the
ality and dependability of a Sno-Way ...Your
economical solution to energy efficient snow removal.
Built lightweight but tough, to do the job for less!!
i
f'~i
t-~~`""
tw
w r, -
id w .-fi ~ r,-
s --~s,.
r ~.,
1i
1 ~I i
A M~.~ ~r~ -,,, .r~
1
ti r* t-
rkm ~-" ~ i s
C -~. ~+~4--
y- T ~. -
S Sno-Way plows have been
performance (test) proven in
tough mid-western winters and
are backed by a limited one-
yearwarranty on all parts and
labor Should a problem arise,
the nationwide service network
provides prompt, expert help
with any and all installation or
ervice problems.
A. Unique lightweight high carbon steel blade and patented lifting system
reduces weight yet does the job of plows weighing 2-1/2 times as much.
The rolled and formed edges insure structural integrity. Blade curvature
design creates rolling and tumbling motion thereby increasing power
efficiency.
B. A frame easily attaches to the uni-frame sub-frame (patent pending) which
installs quickly on most vehicles. No welding or fabrication needed.
C. Patented weather sealed hydraulic pump-valve assembly attaches to the
swivel sector of the plow creating one integral unit power lift and power
angling. All hydraulic hoses are permanently installed to both the lift and
angle cylinders. This positioning eliminates messy hydraulic quick
disconnects and minimizes the risk of pollution to the hydraulic system.
Patent pending.)
D. Easy storage during non-use. Remove three (3) pins and disconnect one
1) electrical quick disconnect.
E. Finger-tip control box in vehicle is equipped with a safety switch and or
incorporates two (2) rocker switches for instant response to plow
positioning.
F. Sno-Way's patented cylinder lock clamp positively locks blade in up
position for over the road travel.
Sno-Way Accessories
R. Combination Grille Guard and Light Standard. Incorporates
auxiliary plow lighting and provides year round up front
protection.
Extension/Deflector. Increases blade height 4" and keeps snow
from blowing over the top of plow onto windshield. Deflects
snow during high speed plowing.
C. Dolly. Allows one person easy mobility of the plow unit as well
as convenient installation and removal of the plow in
approximately 5 minutes.
D. Polymer Wearstrips. (Steel strip is standard on steel plows.)
Available to prevent damage to ornamental sidewalks or highway
markers, etc.
A.
C.
cNlr,~-WAY ~E~AN AND STEEL SNOl~/l~L~WS
LEXAN PLOWS
LEXAN Models Blade Ht.Width Blade Shoes Dynaramic Pump Assembly Weight
L-1572 19"6'LEXAN Std.Yes 215 lbs.
L-1580 19"6'8"LEXAN Std.Yes 2351bs.
L-2380 27"6'8"LEXAN Std.Yes 2641bs.
L-2388 27"7'4"LEXAN Std.Yes 2901bs.
L-2596 29"8'LEXAN Std.Yes 4201bs.
STEEL BLADES
STEEL Models Blade Ht.Width Blade Shoes Dynaramic Pump Assembly Weight
S-2380 23"6'8"STEEL Std.Yes 3421bs.
S-2388 23"7'4"STEEL Std.Yes 361 lbs.
S-2596 25"8'STEEL Std.Yes 5201bs.
B.
D.
Blade height on Lexan Models includes 4"deflector. Sub-frame weights will range from 43 lbs. to 150 lbs. depending on model
and vehicle. - ` ';
Dynaramic - 12 volt or 24 volt hydraulic pump assembly, provides a full 30° power angle and
power lift. 3" or 4" motors are standard depending upon the model and application.
There's noway like the Sno-Way Snow plows available at:
SNO-WAY INTERNATIONAL, INC.
091 W State St.
artford, Wisconsin 53027 U.S.A.
Phone (414) 673-7200 Fax: 414/673-3322
1-800-423-1048 (outside Wisconsin)
The Energy-Saving Plow People"
SNO-WAY RESERVESTHE RIGHTTO CHANGE PRODUCT DESIGN, CONSTRUCTION, AND SPECIFICATIONS WITHOUT NOTICE OR OBLIGATION.
SNO-WAY INTERNATIONAL, INC. IC.
a Division of S.T.W. Corp.
1091 W. State St.
Hartford, Wisconsin 53027 U.S.A.
Phone (414) 673.7200 Fax: 414/673-3322
1-800-423.1048 (outside Wisconsin)
SNO-WAY
SETS THE
RECORD STRAIGHT
Quote from Meyer Form No. 3-435...
Note: Do not confuse the Meyer MAX
U.H.M.W. polymer material with other
polyethylene or polycarbonate materials,
such as LEXAIV® used by others. They
are not alike and do not offer the same
dependability and durablilify for snow
plow application as the Meyer MAX."
SNO-WAY IS PROUD OF ITS DISTINGUISHED RECORD OF "FIRSTS"
vr~World Patented See-Through LEXAN° Moldboard rix~Lightweight Design
SNO-WAY, aftercareful research and field testing was SNO-WAYwasthefirstto recognizethe newdownsize
the first to use super tough LEXAN° for moldboards.lightweight vehicles and their snowplowing capabili-
LEXAN°material is astough assteel, but substantially ties. SNO-WAY was the first to apply modern engi-
lighter in weight and has see-through properties.neering and technology to snow removal equipment.
Note the "no failures" test results in the LEXAN°Other companies who have been in the business for
property profile and the 9,500 Ib. tensile strength over 60 years are now beginning to recognize and
rating. The Meyer Max material with 3/a" thickness copytheleadershipqualitiesofSNO-WAYsnowplows.
has a psi of 7,000 and the SNO-WAY LEXAN° with a
thickness of/e has a psi of 9,500. The Meyer Max is ii~t Patented Direct Linkage
2/ards heavier to achieve 27% less in tensile strength.SNO-WAY was the first to develop a patented lifting
t
system which eliminated the use of dangerous chains,
pra Easy On, Easy Off System and virtually eliminated the snowplow bounce while
SNO-WAY was the first to develop the "easy on, easy traveling. The use of chains to lift a plow for traveling
off"snowplow system. Pull3 pins, disconnect 1 power not only exposes the vehicle driver to possible injury
cord and your snowplow is detached for storage. This resulting from chain failure, but also allows the plow to
feature allows for storage of the complete snowplow bounce" while driving, whereas the lifting system of
and power pack as an integral unit. With the aid of the SNO-WAY is an important feature that eliminates
the SNO-WAY dolly, an accessory item, the snowplow unnecessary stress upon the vehicle.
can be reattached in minutes. The competition lugs daroundtheheavypumpandpowerpackpermanentlyxat No Front Axle Overload
mounted on the vehicle all the time, allowing for SNO-WAY was the first to recognize vehicle front axle
damage from the elements, theft, vandalism, and limitations and design a srowplow which would not
accidents.require expensive air bags, helper springs or counter
balancing.
Patented, Sealed Hydraulic System
SNO-WAY was the first to factory assemble and test vKaC Easy Installation
the complete hydraulic system and power pack unit SNO-WAY was the first to recognize the many vehicle
on the production line. The patented weather sealed variations and consequently to design, engineer and
hydraulic pump-valve assembly attachedtotheswivel develop the customized, all new and rugged UNI-
sector of the plow at the factory creates one integral FRAME sub-frame. Each sub-frame application is
power lift and power angling unit. All hydraulic hoses engineered to a specific vehicle and is a field tested
are permanently installed to both the lift and angle application. Quick and easy installation is a design
cylinders. This positioning eliminates messyhydraulic feature of the SNO-WAY.
quick disconnects and minimizes the risk of pollution dtothehydraulicsystem.C Tilt Cab Applications
Maintain Vehicle Center of Gravity
SNO-WAY was the first to develop a snowplow
application for tilt forward vehicles such as the NPR-
SNO-WAY was the first to recognize the importance W4 series. The SNO-WAY allows the truck cabs to be
of maintaining the vehicle center of gravity and do tilted forward and thus offer easy maintenance of the
something constructive about it ... by developing the vehicle without the necessity for removal of the
SNO-WAY lightweight snowplow. The foundation of snowplow, and a breakaway grille guard and light
the SNO-WAY research and development is to main-standard are special features where auxiliary lights
fain vehicle integrity.are desired.
SA-046
0
dx~ Personal Snowplowing
SNO-WAY was the first to really introduce "personal
snowplowing" to the owners of today's popular light-
weight 4X4 vehicles. Now you can have the personal
convenience and independence of being able to do
your own plowing when you want to. SNO-WAY was
the first to recognize this market and is the World
Leader today in lightweight snowplow technology.
SNO-WAY specializes in the 6' and 7'4" applications
for personal use, but also builds a complete line of
both steel and LEXAN° moldboards to 8' for heavy
duty commercial applications. SNO-WAY, with over
49 applications and 8 models, has a plow to fit your
specific requirements.
vx~ SNO-WAY Warranty
SNO-WAY was the first to institute a full 1 year liberal
parts and labor warranty program. SNO-WAY snow-
plows have been performance test proven in tough
mid-western winters. The SNO-WAY warranty pro-
gram is the best in the business and is rapidly
becoming the industry standard. The industry looks
to SNO-WAY for innovation in the lightweight world
of snowplowing.
r~ Powder Paint Technology
SNO-WAY was the first to introduce powder paint
technology to the snowplow industry in 1987, and
other companies are following this lead. SNO-WAY is
constantly alert to new technology and its application
to the SNO-WAY product line.
t~ SNO-WAY Fun
SNO-WAY takes the drudgery out of snowplowing and
makes it fun. Just ask any of our many satisfied
customers.
Gx4~ Governor's Award
SNO-WAY was the first snowplow manufacturer to
be recognized by the State of Wisconsin for innova-
tive new products. This award was won in 1980
and runner-up recognition for new innovations was
awarded to us in 1988.
Gx4l Patented Lock Clamp
SNO-WAY with an eye for safe performance was the
first to develop and install a patented cylinder lock
clamp which positively locks the blade in an up
position for safe road travel.
LEXAN® ShEEf 9034 PROPERTY PROFILE
PHYSICAL
Property Test MethoO Typical Value
Specdic gravity ASTM D792 1.20
Refractive intlex at 25" C t 586
Rockwell hartlness ASTM D785 M70
Abrasion resrstance. Taber abraser
with CS-17 wheel ASTM 07044 tOmg/1000 cycles
Impact strenglh. notchetl Izotl.
h-inch specimen ASTM D256 12-16 IL-IbAn. of notch
Impact strenglh, unnotchetl Izotl.
6-inch specimen ASTM D256 60 It-Ib/in. lNo Failuresf
Tensile impact. S-type specimen ASTM Dt822 225-3fA It.-Ibnn.
Tensile-yiettl strength ASTM D638 9.000 psi
Tensile-ultimate strength ASTM D638 9,500 psi
Tensile motlulus ASTM 0638 345.000 psi
Elongation ASTM D638 110%
Compressive strength ASTM D695 2.500 psi
Compressive motlulus ASTM D695 345,000 psi
Flexural strength ASTM D790 13.500 psi
Flexural motlulus ASTM D695 340.000 psi
Shear-yiettl strength ASTM D732 6.000 psi
Shear-ultimate strenglh ASTM D732 10.000 psi -
Light transmission ISe-inch [nick tlisk)66%
Poisson's rabo 0.37
Shear motlulus 114.000 psi
Deformation untler loan. 4000 psi 73"F ASTM D621 0.2%
Deformation untler loatl. 4000 psi 158°F 0.3%
Fatigue entlurance limn (Krause
methotll, 1800 cycles/mm.,
73°F, 50% RH ASTM D671 000 psi _
Water absorption 24 hour immersion ASTM 0570 0.15%
egwlibnum 73°F 0.35%
egwlibnum 212'F 0.58%
THeatuAL _
Properly Tesl Methotl Typical Value
Heal-tleflecnon temperature ASTM 0648 264 psi: 270 F, 66 psr. 260 F
Thermoforming shrinkage ASTM D955 0.005-0.007 m./in
Thernal contlucbvmy 4.6x10-'cal/sec/cm'NC/cm/0.2255
BTU/sec/h'NF/in.
Coefficient of linear-thermal
expansion 3.75x10-'in./inJ'F
3W C to 30" C 6.7xto-'in.ln./°C
Flammability UL 94 Less than 1 inch
Brittle temperature ASTM D746 155°C
Specific heat 0.30
SNO-WAY
THE NIGH-TECH
PLOW OF THE
FUTURE IS HERE.
Better Performance and Speed
Better Thinking
Better Unequaled Materials
Key Features -
Patented Clear LEXAN° Blade
Lightweight Design
Patented Easy Attach/
Disconnect System
Patented Direct Linkage to Vehicle
Patented Sealed Hydraulic System
No Front Axle Overload
Maintains Vehicle's Center of Gravity
Easy to Instal I
SNO-WAY
SNOWPLOWS...
SIMPLY THE BEST:
Registered Trademark of General Electric Company.
II Il f J~~~ ~,
Jl IhJ ~ r ' 9~ G r ~ ~F THEF'M~~HI f li;
1 ~ L~d~~~7~11~
313} 529-8973
l J, / ,~
t
ryOO.f'Y~
u r-a -~ .JUrI ~~' '9Et G_1r : v5 THE;-.'r~c~.zrac,: 1
SnoW-F1ay Ynternational
1492 W, Stette St
Ilartford, ~ti9cons::t ~3R?7
Centlessen:
75 Keach Dam Raid
ChcpeC'het, fcZ 0?$ t4
April I2, 198$
Now that Y have put ¢y :.:tow plow s+.::~y far t`na 5:~~~.ez T stSRt to thank you .ar
having :^ade a pioc- that is light er~aug?t t~,t [o ruin the franc en3 of my Svruki
yet strong enou^yh to really pus! soma F:asvy duty wet lieu EaglanC avow, '~hsaka
also far ~„aking the sut~Qxlsre st;or:g enaE;c~:~ to do xt» job, ye: light enough not
to be a burda:t on ~y 5uzuki.
thanks fcr making a plod Lhat connect: co t?~e suS~fraWe directly 3t the L;4At
b~3;rmper rra'~cxrg is unnecessary to ~,es oa t~~e ground eo i:~s~:L t~:e .
connect:ng csi:~s tt,at an ao;~0 vshiclas ase snore Crstt a good a; m's Iengt'h -balk
r•ca ttst hLmpzr. l found also, that having r. ;e plan connect directly ar C~~e
b~srapEr allows the prow to be raised unusually high uhicb he'_pQd rte ta4kle the
tall N?w ~rglsrd snow drifts and alas plow a^-CW sit= 'sigh wren there was no
other place to push 1C toy
Th$:~ks for xakir+g a p1eW s!:$t 2 done need ro buy ~xpac~s-i•re a:~xil:~t:y h2ad2'Lghtf
dxrrctional plow lights far ands also thanks for inventing the cylinder 1,oek; it
gave me a geaui:~e £sel.ing of s2cLrity wt-er. I tea=~eled the xnteretate highway Go
plow say fathzr-ist-laws' driveway.
I really like not having hydraulic r~lnry belts rurni:tg on my little Suzuki
engine aZl sc;r,~.er long, decr2ssin& my gas sai2ragz acid ever_tually needing Co be
replaced.
au h~iva a great product and ~ wi1L to::Ginu~ to zadorse 8nd reccs^snend it to enyore
I kno~+ of looking for a y;spwp2ot+. Y Nava psssad nut your fly=rs and demonstrated
the ploc+ ;,o a rusuber of people this gays s~izt~r, Y hope :.t gets you sons more
cuatasaers in this arse.
Again, zoag:atulaciors on a fine product avid keep t-p rho good work!
Sincerely,
c 1 t ~/' ''~
f~i~
L JL~ ~~ ~'r"~ ~ 0 ~
4t1C ~ M~ftYtEAN CROFT
75 KEACN DAM ROAa
n1:PACM~~, Kt UZ814
Consent
Policy
r~
r1
L_
CITY OF TALCON BEICSTS
REQUEST TOR COUNCIL CONSIDERA?ION
Agenda Item: E-8
Meeting Date: 6/27/90
ITEK DESCRIPTION:
SUMMER RECREATION PROGRAM HIRING
SUBMITTED BY: Carol Kriegler
REVIE~FED BY:
B~LANATION/SUi~4SARY (attach additional sheets as necassary):
The following individuals are recommended for appointment to the
summer recreation program staff.
Meg Robinson - Aid ----$3.56/hr.
1513 W. Hoyt
Falcon Heights
Steven Russell - Aid ----$3.56/hr.
1837 Howell
Falcon Heights
Lisa Schmid, Tennis Instructor ---- $6/hr.
2146 Rosewood, Roseville
Katie Mixon, Tennis Instructor ---- $6/hr.
1991 Ryan, Roseville
ACTIOr REQUESTED: Appointment of these individuals to the summer
recreation staff.
I
Consent X
Policy
C J
CITY OF FALCON HEIGHTS
REQUEST.fOR COUNCIL CONSIDERATION
Meeting Date: 6-27-90
Agenda Item: E- 9
ITEM DESCRIPTION:
Licenses
SUBMITTED BY: Shirley Chenoweth
REVIEWED BY:
EXPLANATION/SUMMARY. (attach additional sheets as necessary):
See attached list
ACTION ' REt~UESTID
Approval
5/29/87
Consent Agenda
June 27, 1990
LICENSES
General Contractors
Midwest Fence & Mfg. Co. ~~545
Anderson Roofing & Construction ~~547
His Services ~~548
Irmiter Contractors and Builders ~~549
F.M. Frattalone Excavating & Grading, Inc.
Kuehn Excavating ~~556
St. Paul Utilities, Inc. ~~553
First Landmark Builders, Inc. ~~552
R. A. Ungerman Construction Co., Inc. ~~550
Valley Window Service ~~560
Merle's Construction Co., Inc. ~~561
Worry Free Home Repair Service, Inc. ~~563
Corporate
Croc ter Financial ~~551
Mechanical Contractors
Ro ins Heating an Air Conditioning ~~558
Dependable .Heating & Air Conditioning, Inc.
557
559
Renewals
All others are new licenses
Consent
Yo~y X
r
CITY OF FALCON HEIGHTS
REQUEST YOR COUNCIL CONSIDERATION
Agenda Item: F-1
Beefing Date: 6/27/90
ITE'i DESCRIPTION: TRANSFER OF CABLE TV COMMUNITY PROGRAMMING FUNCTION FROM
CABLE TV NORTH CENTRAL TO CITIES
SUBMITTED BY•
Tom Creighton, North Suburban Cable Commission Legal Counsel.
REOIE~D BY• _ Jerry Wa11in,Falcon Heights Representative _
North Suburban Cable Commission
Jan Wiessner
E~LANATIONfSUMMARY (attach additional sheets as necessary):
ATTACHMENTS:
A. Memo from Tom Creighton
B. Resolution Transferring Community Programming Responsibilities
C. Resolution Amending Cable Commission Agreement
D. Red-Lined Copy of Proposed Agreement _
E. Red-lined Copy of Proposed By-Laws of North Suburbs Access Corporation
A copy of the Exhibits to the Agreement is available at City Hall for
your review. (It was not copied due to the length).
ACTION REQUESTED: Approve Resolutions (Attachments B & C)
I
4 `J
BERNICK AlvD LIFSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
PARKDALE I, SUITE 200
NEAL J. SHAPIRO
SAUL A. BERNICK*
THOMAS D•CR EIG HTON
JERRY STRAUSS+
SCOTT A_ LIFSON
PAUL J• OUAST+
SUSAN DICKEL MIN SBERG
5401 GAMBLE DRIVE
MINNEAPOLIS, MINNESOTA 55416
612) 546-1200
FACSIMILE (612) 546-1003
Attachment A
ALSO ADMITTED IN WISCONSIN
AL50 CERTIFIED PUBLIC ACCOUNTANT
OF COUNSEL
ARTHUR J•GLASSMAN*
ROBERT C. SIPKINS
PARALEGAL
EVA Z. CHAPMAN
June 8, 1990
r 4,': i:~
a,ti ,,. 1
TO:
FROM:
DATE:
CITY ADMINISTRATORS, MANAGERS, CLERKS, AND MEMBER CITY
COUNCILS OF THE NORTH SUBURBAN CABLE COMMISSION
THOMAS D. CREIGHTON, LEGAL
June 8, 1990
COUNSEL
SUBJECT: RESOLUTION TO TRANSFER THE COMMUNITY PROGRAMMING
FUNCTION TO THE MEMBER CITIES FROM CABLE TV NORTH
CENTRAL AND PROPOSED AMENDMENTS TO THE JOINT POWERS
AGREEMENT.
By now it is not news to you that the North Suburban Cable
Commission has been working with the cable company and the
Commission's Member Cities for over three years regarding the
transfer of the community television programming function from
the cable company to the Member Cities. Please find enclosed the
final set of documents approved by the Cable Commission for your
consideration.
The following documents are enclosed:
1. A resolution transferring community television program-
ming responsibilities from Group W Cable of the North
Suburbs, Inc., d/b/a Cable TV North Central (with
attachments A through D). This resolution requires you
to fill in the blanks on page 1, page 2, and page 13.
There is an additional signature line on page 14 if the
City requires it.
2. A resolution amending by substitution North Suburban
Cable Commission Joint and Cooperative Agreement for
the Administration of a Cable Communication System
with attached Amended Joint Powers Agreement). This
resolution requires the City to fill in the blanks on
both page 1 and page 2 and is amending the original
BERNICK AND LIFS~N
A PROFESSIONAL ASSOCIATIO~J
June 8, 1990 Page 2
Joint Powers Agreement by substituting the attached
Joint and Cooperative Agreement marked as Exhibit A.
3. A red-lined copy of the Amended Joint and Cooperative
Agreement. This is provided so that you may easily see
the proposed amendments. Deletions from the original
Joint Powers Agreement are marked with brackets and all
additions are marked with underline. Please note that
there have been a number of amendments to the Joint and
Cooperative Agreement since it was first adopted a
number of years ago. In order to provide a final
cleaned-up) document, I have compiled all of the
previous amendments into this final document. Those
amendments have already been approved by the Member
Cities. The new amendments which directly relate to
the transfer of the community programming function
appear in Article II., Article IV., Article VIII.,
Sections 13 and 14, and Article XI., Section 3 and
Section 4. These amendments relate directly to the
Compromise Agreement which was reached in our most
recent meeting of the City Managers of the North
Suburban area.
4. By-Laws of the North Suburbs Access Corporation. These
By-Laws have been adopted by the Commission but are not
effective until the effective date of the transfer,
resolution and the amended Joint Powers Agreement. The
enclosed By-Laws are red-lined so that you can see the
changes made by the Commission. Those changes make
clear that the Board of Directors of the access
corporation shall consist of ten (10) members, elimi-
nating the current seat held by the cable company. The
ten members shall be one from each city and shall be
the same person who currently sits on the North
Suburban Access Corporation, or that person's alter-
nate.
THE CITY DOES NOT NEED TO ACT ON THE BY-LAWS OF THE NORTH SUBURBS
ACCESS CORPORATION. This is provided for your information since
there was some question as to the control of the access corpora-
tion. These amendments make clear that the Access Corporation
will be controlled by the same individuals on the Commission who
are directly appointed by the Member Cities.
ACTION: Please consider and act upon the resolution transfer-
ring community television and the amended Joint and Cooperative
Agreement.
BERNICK AND LIFSON
A PROFESSIONAL ASSOCIATION
June 8, 1990 Page 3
Please forward to me at the address above, a copy of the
executed resolution and a copy of the executed Amended Joint and
Cooperative Agreement. The resolution and the Amended Joint and
Cooperative Agreement will not be effective until all ten (10)
cities have approved and executed these documents. If you desire
any staff or commission attendance at your Council meeting,
please feel free to contact me.
Thank you for your cooperation in this matter.
memo.01
Attachment B
CITY OF FALCON HEIGHTS
RESOLUTION NO.
A RESOLUTION TRANSFERRING COMMUNITY TELEVISION
PROGRAMMING RESPONSIBILITIES FROM
GROUP W CABLE OF THE NORTH SUBURBS, INC., d/b/a
CABLE TV NORTH CENTRAL
WHEREAS, the Cable Communications Franchise Ordinar~:es
between Group W. Cable of the North Suburbs, Inc., d/b/a Cable TV
North Central (hereinafter "Company") and the ten (10) Member
Cities of the North Suburban Cable Commission (hereinafter
Commission"): Arden Hills, Falcon Heights, Lauderdale, Little
Canada, Mounds View, New Brighton, North Oaks, Roseville, St.
Anthony and Shoreview (hereinafter "Member Cities"), require the
Company to provide and maintain certain cable television program
facilities and equipment, provide certain community access and
local origination bandwidth, provide certain cable programming
staff, provide certain cable programming, and provide certain
funding, as delineated in the Application For Cable Television
Franchise dated October 1, 1981, as amended, and as required in
the Franchise Ordinances such delineation and requirements to be
more fully specified in Amendment Agreement No. 2, (hereinafter
community cable television programming"); and
WHEREAS, the Company has proposed divesting itself of all
responsibility for providing the above-mentioned support for the
community cable television programming; and
WHEREAS, the Commission at the direction of the Member
Cities has investigated the possibility and ramifications of
assuming responsibility for community cable television program-
ming within the geographic area of the ten (10) Member Cities'
area, see map attached as Exhibit A made a part hereof; and •
WHEREAS, the Commission at the direction of the Member
Cities and the Company have negotiated mutually acceptable terms
to effect the transfer of all of the community cable television
programming requirements from the Company to the Member Cities
and then to the Commission pursuant to the Amended Joint and
Cooperative Agreement and as delineated below.
NOW, THEREFORE, BE IT RESOLVED that the City of Fa1mn uP~chts
and Company agree to the following terms and conditions:
1. The Commission will assume all responsibility for community
cable television programming within or for the geographic
area of the ten (10) Member Cities of the Commission,
Exhibit A.
2. The Company is relieved of all responsibility as more fully
specified in Amendment Agreement No. 2 for providing
community cable television programming within or for the
geographic area of the ten (10) Member Cities of the
Commission, Exhibit A, except for the maintenance, repair
and technical performance of the cable and related active
and passive electronics which carry the channels delineated
in paragraph 5, excluding all equipment owned and operated
by the Commission or its designee.
3. The Company shall transfer to the Commission title to and
ownership of all equipment listed in Exhibit B, attached
hereto and made a part hereof. All equipment shall be
operable and free and clear of any and all encumbrances.
4. The Commission shall have forty-five days prior to the
effective date of this resolution to verify the presence in
inventory of all equipment listed on Exhibit B and to verify
its operational status. If the Commission determines that
any piece of equipment or part thereof is inoperable or
missing from inventory, the Commission shall notify Company
in writing. The Company and Commission must agree to a list
of equipment or part thereof, if any, which is inoperable or
missing and both parties must agree in writing to a reasona-
ble timetable for necessary repair or replacement. In the
event both parties cannot agree as required above, this
agreement shall not become effective until such time or in
the event that both parties can agree as required above.
5. The Company shall make available for the term of she
Franchise and any renewals thereof for noncommercial, as
defined below, use by the Commission and its Member Cities
those channels currently on the North Suburban Cable System
and currently known as the Public Access Channel (now
carried on Channel 33), the Government Access Channel (now
carried on Channel 16), the Educational Access Channel (now
carried on Channel 51), the Local Origination Access Channel
now carried on Channel 52), the Community Access Channel
now carried on Channel 62), the Religious Access Channel
now carried on Channel 63), the Higher Education Access
Channel (now carried on Channel 66), the Special Needs
Access Channel (now carried on Channel 68), the Independent
School District #621 Channel (now carried on Channel 67),
the Independent School District #623 Channel (now carried on
Channel 64), the Library Channel (now carried on Channel 53)
and the Public Access Channel - Narrow Cast (now carried on
Channel 69). The Company is still bound by Article III,
Section 5 of the Franchise which requires that whenever any
of the access channels required by state law is in use
during 80 percent of the weekdays, for 80 percent of the
time during any consecutive three hour period for six weeks
running, and there is demand for use of an additional
channel for the same purpose, the Company shall provide a
newly designated access channel for the same purpose at no
additional cost to the subscribers. The Commission and its
Member Cities shall have complete and unrestricted access to
the above-mentioned channels, however, the Company shall
have full responsibility for the maintenance, repair, and
technical performance of the cable and related active and
passive electronics which carry said channels (excluding all
equipment owned and operated by the Commission or its
designee) for the term of the Franchise and any renewals
thereof. The Company shall provide to the Commission and
the Member Cities ninety (90) days written notice of any
proposed access channel realignment, and both parties hereby
reserve all rights available to them regarding such proposed
4 •
realignment. For the purpose of this agreement, "noncomm~r-
cial" shall mean that the Commission and the Member Cities
may sell and/or produce advertising on the Local Origination
Access channel, now carried on Channel 52, provided however
that none of the access channels listed above may be leased
in whole or in part or otherwise made available for commer-
cial use by third parties.
6. As of the effective date of this resolution, the Commission
and the Member Cities shall allow the Company the exclusive
use of two access channels now carried on 68 and 69. At
anytime after six months from the effective date of this
resolution, with no requirement for justification, and in
the sole discretion of the Commission, the Commission may
demand the return of up to two (2) channels to the Commis-
Sion and the Member Cities. The Company must return the use
of one or both of the two (2) channels, whichever is
requested by the Commission, to the Commission and the
Member Cities no later than one (1) year after written
notice by the Commission to the Company or at the expiration
or termination of any contract with a program supplier whose
program is being cablecast on the channel(s) at the time of
receipt of notice, whichever is earlier.
7. The Company shall pay on the effective date hereof to the
Commission or its designee $178,000. Upon Franchise
renewal, the Company shall pay to the Commission or its
designee $50,000.00 annually due and payable on the first
5
business day of each year. The Company will be responsible
for the 1989 $75,000.00 payment as required by the Fran-
chise. No subsequent annual $75,000.00 payments as required
by the Franchise shall be required from the Company so long
as this Agreement is in effect.
8. In 1990, the Company shall pay the Commission or its
designee $450,000 in equal quarterly installments commencing
the first business day of 1990 pro rated from the effective
date of this Resolution for the remainder of 1990. Commenc-
ing the first business day of 1991, and on the first
business day of each year thereafter, continuing to the end
of the franchise term and any renewals thereof, the annual
contribution paid quarterly shall be the previous year's
total contribution, increased by the Consumer Price Index
for Minneapolis-St. Paul for the year ending December 31
prior to the payment of the first business day of the year,
as published by the U. S. Bureau of Labor Statistics or an
escalator as described below, whichever is greater. Even
though a pro rata payment is to be made in 1990, the
previous year's total contribution" for the purpose of
escalation in 1991 shall be $450,000, as if the entire
amount had been paid in 1990. The escalator shall be five
percent (5%) of the previous annual payment so long as the
Company's gross revenue increase for the year ending
December 31 before the payment of .the first business day of
the year was thirteen percent (13%) or less. If the
6
Company's gross revenue increase for the year ending
December 31 before the payment of the first business day of
the year was above thirteen percent (13%), the escalator
will be five percent (50) plus 1/10 of a percent for each
one percent (1%) or part thereof increase of the gross
revenue (e.g. 13.0001% increase would equate to a 5.1%
escalator, 14.0001% increase would equate to a 5.2%
escalator, etc.). At no time will the escalator under this
formula exceed eight percent (80). If the Consumer Price
Index is being used because it is greater than the
escalator, the annual payment will be increased by whatever
the Consumer Price Index was. The five percent (50) minimum
annual escalator shall be applied in four (4) equal
installments to each quarterly payment, with any additional
escalator, if the C.P.I. is more than five percent (5%) or
if the gross revenues increased in the previous year by more
than thirteen (13%), being applied in two (2) equal
installments to the third and fourth quarter payment.
9. The Company shall pay to the Commission or its designee a
total of $650,000.00 upon sale or transfer of the system
serving the ten Member Cities or upon renewal of the
Franchise whichever is sooner.
10. The Company shall sublease to the Commission or its designee
the Local Origination and Access studios and associated
office and supplementary space (as more fully set out in
Exhibit C) located at 934 Woodhill Drive, Roseville,
known as Lake Owasso
and previously
Minnesota 55113,
The sublease
hereinafter "Owasso")- •
Elementary School
shall be on a year to year basis for the term of the
renewal thereof. The Commission's
Franchise, or any
bli ation shall be pursuant to the same terms and condi-
o g
tions of the Company's lease obligations to the School
District including the same rental and property tax obliga-
tions pro rated per square foot leased to the Commission.
for
Commission or its designee shall contract separately
an
utility services. Any rent and property tax paid to Comp y
b Commission or its designee for this space shall not be
Y
If the landlord of Owasso
considered Gross Revenue.
from
Independent School District #623, releases the Company
its rent obligation for the square footage allocated to the
Commission in Owasso, the Commission may negotiate its own •
lease with the landlord. If the Company chooses to ter-
minate the sublease, the Company shall pay all reasonable
expenses associated with the removal and relocation of the
office, studio space, and cable system from Owasso to
another comparable facility within the ten (10) city area.
The Company shall be responsible for any rent property tax
was being paid by the
differential between that which
actual rental/Property
Company at the Owasso site and the
If the Commission chooses to
tax rate at the new location.
vacate the premises at Owasso, the Company shall connect the
cable system to the new location within the ten (10) city
8 •
area, so long as the new location is within one mile of tl~e
Institutional and subscriber networks, and shall pay
documented costs of up to $15,000.00 for leasehold improve-
ments and other miscellaneous expenses at the new location.
11. Effective on the effective date of this resolution, the
Commission shall assume from the Company the Lease for the
current Edgewood facility, located at 510 North Edgewood
Drive, Moundsview, Minnesota. The Company shall relocate
the equipment now at the Edgewood facility to Irondale and
shall pay all reasonable costs and expenses of removal of
the equipment and setting it up at the facility at Irondale
and relocating the cable system to the Irondale facility.
12. The Company shall provide and transfer to the ownership of
the Commission the Master Control, including headend
switchers and controllers, containing the equipment delinea-
ted in Exhibit B attached hereto and made a part hereof
allowing for play-back on all channels delineated in
paragraph 5, above. In any event, the ability to play-back
on a 24-hour a day, every day, basis on all such channels
shall be complete and unrestricted.
13. The Company shall reimburse the Commission for all docu-
mented attorney's fees not to exceed $20,000 throughout the
discussion and negotiation of the transfer of the community
cable television programming function from June 1, 1989
until all issues to effect such transfer are complete.
s
14. The Company shall pay $2,500 to place a logo designated by
Commission on all vans, equipment, and Owasso entrance and
i gnage.internal s
15.The Company shall provide to the Commission at no cost, ad
insertion time on the system of two (2), thirty (30) second
ads per day, allocated through a system known as "run of
schedule" which would provide that the ads be evenly rotated
throughout time slots on all channels upon which the Company
has ad avail space.
16.The Company will provide at no cost to the Commission, one
black and white, single page, front-only unfolded, bill
stuffer per fiscal year, provided the Commission may enhance
this bill stuffer at its expense consistent with the
Company's specifications for bill stuffers.
17.The terms and conditions of this Resolution shall not be
changed without the mutual consent of the Company, the
Commission, and the Member Cities.
18.As of the execution of this resolution by the Company and
the Member Cities, the Commission/Member Cities acknowledge
that the Company is in compliance with all issues and
requirements of the Franchise Ordinances and the offering
which were within the scope of review in the five (5) year
performance review conducted by the Commission as more fully
delineated in Exhibit D attached hereto, except for the
Institutional Network which is the subject of separate
review and action of the Company and Commission. It is
l0
understood that all ongoing and future obligations of the
Franchise Ordinances remain effective unless otherwise
waived by mutual consent of the Member Cities and the
Company.
19. The Company, the Commission and its Member Cities hereby
reserve all rights and duties afforded pursuant to the Cable
Communications Policy Act of 1984, the Cable Communications
Franchise Ordinance as amended, and applicable local, state
and federal law, and nothing contained in this Agreement
shall constitute a waiver of such rights and duties.
20. Any violation of this resolution and/or the resulting Amend-
ment Agreement ~2 shall be a violation of each of the
Franchise Ordinances of the ten (10) Member Cities, includ-
ing any and all enforcement rights, remedies, and procedures
therein.
21. Should the Commission cease to exist, the obligations of the
Company pursuant to this resolution shall be binding upon
Company and go to the benefit of the Commission's legal
9
successor, if any, or the ten (10) Member Cities pro rata in
proportion to each city's Franchise Fee receipt for the year
of the obligation.
22. This Resolution shall be effective ninety (90) days after
the approval of the last of the ten (10) Member Cities plus
the Commission's and the Company's acceptance of Amendment
Agreement #2, except Commission and Company may effect this
resolution sooner by mutual consent. Both the Commissicn
11
and the Company must agree to and execute the equipment
repair and replacement list, if any, required by paragraph 4
ereof and Amendment Agreement No. 2 before this Resolution
h
shall become effective.
23. This resolution shall not be severable. A judicial deter-
mination as to the ineffectiveness of any provision herein
may render the entire resolution null and void in the sole
discretion of the Commission, or its legal successor,
returning the Company's obligations to those levels required
by the original Franchise Ordinances, as amended prior to
the effective date of this resolution. In such event, the
Commission shall return all equipment delineated in Exhibit
B in an operable condition, or the Member Cities may relieve
the Company of its obligation to provide such equipment,
studios or services related to any such unavailable or
inoperable equipment. As to any Franchise violations
existing or alleged as of the execution of this resolution,
any waivers or forgiveness thereof contained herein shall
also become null and void, reinstating the Commission/Member
Cities' rights to any remedies delineated in the Franchise
Ordinances, as if this resolution had never been effective.
24. Pursuant to Section 613(a)(2), of the Cable Communications
Act, the Commission/Member Cities hereby acknowledge that
they do not hold an "ownership interest" in the cable
system.
12
25. Upon the effective date hereof the Company may reduce the
Performance Bonds now in place to one (1) Performance Bond
in the amount of Fifty Thousand Dollars ($50,000) naming all
ten (10) Member Cities as Secured Parties and eligible
drawers thereon. The Performance Bond shall be replenish-
able so that each time any one City draws thereon or makes a
claim against such Bond, the Company shall immediately
replenish the one Bond. It is further agreed that at any
time, for the term of the Franchise Ordinance, or any
renewal thereof, .the Commission or any Member City in its
sole discretion may require the amount of the one replenish-
able Performance Bond to be increased to an amount not to
exceed Two Hundred Fifty Thousand Dollars ($250,000).
26. This Resolution was moved by Councilmember and
seconded by Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Adopted this
Dated:
day of 1990.
CITY OF
Mayor
13 '
By
We have reviewed the terms and conditions of this Resolution
and by our signature below agree to all said terms and condi-
tions.
CAB E TV N H CENTRAL
L,Dated: -
By
14
RESOLUTION NO.
C CITY OF FALCON HEIGHTS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AMENDING BY SUBSTITUTION THE NORTH SUBURBAN CABLE
COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION
OF A CABLE COMMUNICATION SYSTEM
WHEREAS, the City of Falcon Heights (hereinafter
City") is an existing member of the North Suburban
Cable Commission (hereinafter "Commission"); and
WHEREAS, the Commission has recommended amendments to
the Joint and Cooperative Agreement For The Administra-
tion Of A Cable Communications System (hereinafter
Agreement") relating to the delegation from City to
Commission, of the community programming function in
the North Suburban area, and further relating to
procedures and requirements for City's right of
withdrawal from the Commission on or after the date of
renewal of the Cable Communications Franchise Or-
dinance, and further relating. to procedures and
policies upon dissolution of the Commission; and
WHEREAS; the City believes it to be in its -best
interest to amend the Agreement as recommended-by
Commission; - - =
THEREFORE, BE IT RESOLVED,
City of Falr-nn HPi[~fiG
Agreement and adopts by su:
and Cooperative Agreement
Cable Communication System
and-made a part hereof.
that the City Council of the
rescinds the existing
stitution that amended Joint
for the Administration of a
attached hereto as Exhibit A
The above-listed resolution was moved by Council Member
and duly seconded by Council Member
The following Council Members voted in the affirmative:
7
The following Council Members voted in the negative:
The above resolution was duly adopted
1990.
ATTEST:CITY OF,
BY
Mayor
2
Red-Lined
Revised June, 1990
AMENDED
NORTH SUBURBAN CABLE COMMISSION
JOINT AND COOPERATIVE AGREEMENT
FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM
I. PARTIES
The parties to this Agreement are governmental units of the
State of Minnesota. This Agreement is made pursuant to Minnesota
Statutes Section 471.59, as amended.
II. GENERAL PURPOSE
The general purpose of this Agreement is to establish an
organization to monitor the operation and activities of cable
communications, and in particular, the Cable Communication System
System) of the parties; to provide coordination of administra-
tion and enforcement of the franchises of parties for their -
respective System; to-promote, coordinate, administer and develop
community cable television programming;-and to conduct such _
other activities authorized herein as may be necessary to insure
equitable and reasonable rates and service levels for the
citizens of the members of the organization. -
III. NAME
The name of the organization is the North Suburban Cable
Commission (NSCC).
IV. DEFINITION OF TERMS
Section 1. For the purposes of this Agreement, the terms
defined in this Article shall have the meanings given to them.
Section 2. "Commission" means the Board of Directors
created pursuant to this Agreement.
Section 3. "Council" means the governing body of a member.
Section 4. "Franchise" means that cable communications
franchise granted by all cities listed in Article V, Section 1.
Section 5. "Grantee" means the person or entity to whom a
franchise has been granted by a member.
Section 6. "Member" means a municipality which enters into
this Agreement.
Section 7 "System" means that cable communications system
more specifically defined in the Franchise Ordinance of the
Member.
V. MEMBERSHLP
Section 1. The municipalities of Arden Hills, Falcon
Heights, Little Canada, Lauderdale, Moundsview, New Brighton,
North Oaks, Roseville, St. Anthony, and Shoreview are eligible to
be the [] Members of the Commission. Any municipality geographi-
cally contiguous to any of these named municipalities, and served
by a cable -communications system through the same Grantee, may
become a Member pursuant to the terms of this Agreement.
Section. 2. -Any municipality desiring to become a Member
shall execute a copy of this Agreement and conform to all
requirements herein.
Section 3. The initial Members shall be those municipali-
ties listed in Section 1 of this Article V [].
Section 4. Municipalities desiring to become Members after
the date specified in Article V, Section 3 may be admitted by an
affirmative vote of two-thirds (2/3) of the votes of the Members
of the Commission. The Commission may, by resolution, impose
conditions upon the admission of additional members.
2
VI. DIRECTORS; VOTING
Section 1. Each Member shall be entitled to one (1)
director to represent it on the Commission. Each director is
entitled to (1 vote in direct proportion to the percent of annual
revenues attributable to the municipality represented by the
director to the total annual revenues of the system for the prior
year rounded to -the nearest whole number; [] provided, however,
that each director shall have at least one vote. For the
purposes of this section, the annual revenues for each Member and
the total annual system revenues as of December 31 of each year
shall be determined by the records of the cable operator filed
with the Commission with the annual franchise fee. Prior to the
first Commission meeting in March of each year, the Secretary of
the Commission_ shall determine the number of votes for each
Member in accordance with this section and certify the results to
the Chairs []: _
Section 2.. A -director shall be appointed by resolution of
the Council of each Member. A director shall serve until a
successor is appointed and qualifies. Directors shall serve
without compensation from the Commission.
Section 3. Each Member shall appoint at least one alternate
director. The Commission, in its By-Laws, may prescribe the
extent of an alternate's powers and duties.
Section 4. A vacancy in the office of director will exist
for any of the reasons set forth in Minnesota Statutes Section
351.02, or upon a revocation of a director's appointment duly
3
filed by a Member with the Commission. Vacancies shall be filled
by appointment for the unexpired portion of the term of director
by the council of the Member whose position on the Board is
vacant.
Section 5. There shall be no voting by proxy, but all votes
must be cast by the director or the duly authorized alternate at
a Commission meeting.
Section 6. The presence of five directors representing a
majority of the total authorized votes of all directors shall
constitute a quorum, but a smaller number may adjourn from time
to time.
Section 7. A director shall not be eligible to vote on
behalf of the director's municipality during the time said
municipality is in default on any contribution. or payment to the
Commission: During the existence of such default, the vote or
votes of such Member-shall not ~be counted for the purposes of
this Agreement. -~ _
Section 8.~ All official actions of the Commission must
receive two-thirds (~/3) of alI authorized votes cast on that
issue at a duly constituted meeting. of the Commission and-the
affirmative vote of five directors. Abstentions shall not be
considered authorized votes cast.
VII. EFFECTIVE DATE; MEETINGS; ELECTION OF OFFICERS
Section 1. A municipality may enter into this Agreement by
resolution of its council and the duly authorized execution of a
copy of this Agreement by its proper officers. Thereupon, the
clerk or other appropriate officer of the municipality shall file
a dul executed copy of this Agreement, together with a certifiedY
copy of the authorizing resolution, with the [] Office of the
NSCC. The resolution authorizing the execution of the Agreement
shall also designate the director and the alternate for the
municipality on the Commission, along with said director's and
alternate's address, and home and work phone numbers.
Section 2. This Agreement and any amendments thereto are []
effective on the date when executed agreements and authorizing
resolutions of five of the municipalities named in Article V,
Section 1 have been filed as provided in this Article.
Section 3. Officers of the Commission shall be elected
annually for one year terms. Officers shall be limited to two
consecutive terms in a given office. _
VIII. POWERS AND DUTIES OF THE COMMISSION
Section 1. -The powers and duties of the Commission -shall
include the powers set forth in this Article. - -
Section 2. -The Commission may make such contracts, grants,
and take such other action as it deems- necessary and appropriate
to accomplish the general purposes of the organization. The
Commission may not contract for the purchase of real estate
without the prior authorization of the member municipalities.
Any purchases or contracts made shall conforn to the requirements
applicable to Minnesota statutory cities.
Section 3. The Commission shall assume all authority and
undertake all tasks necessary to coordinate, administer, and
5
enforce the Franchise of each Member except for that authority
Memberdbiyaneandthosetasksspecificallyreta
Section 4. The Commission shall continually review the
operation and performance of the cable communications system of
the Members and prepare and submit annual reports [] to the
Members.
Section 5. The Commission shall undertake all procedures
necessary to maintain uniform rates and to handle applications
for changes in rates for the services provided by the Grantee.
Section 6. The Commission may provide for the prosecution,
defense, or other participation in actions or proceedings at law
in which it may have an interest, and may employ counsel for that
purpose. It may employ such other persons as it deems necessary
to accomplish its powers and duties. Such employees may be on a
full-time, part-time or .consulting basis, as the Commission
determines, and the .Commission may make any required .employer
contributions which local governmental units ire,authorized or
required to make by law. -
Section 7. The Commission may conduct such research and
investigation and take such action as it deems necessary,
including participation and appearance in proceedings of State
and Federal regulatory,~legislative or administrative bodies, on
any matter related to or affecting cable communication rates,
franchises, or levels of service.
Section 8. The Commission may obtain from Grantee and from
any other source, such information relating to rates, costs and
6
service levels as any member is entitled to obtain from Grantee
or others.
Section 9. The Commission may accept gifts, apply for and
use grants, enter into agreements required in connection there-
with and hold, use and dispose of money or property received as a
gift or grant in accordance with the terms thereof.
Section 10. The Commission shall make an annual, indepen-
dent audit of the books of the Commission to be made and shall
make, an annual financial accounting and report in writing to the
Members. Its books and records shall be available for examina-
tion by the Members at all reasonable times.
Section 11. The Commission may delegate authority to its
executive committee. Such delegation of authority shall be by
resolution of the Commission and may be conditioned in such a
manner as the Commission may determine.
Section 12. The Commission shall adopt By-Laws which may be
amended from time to time. =
Section 13. The Commission shall assume all responsibility
for community cable television programming within or -for the
aeoaranhic area of the Member cities of the Commission as more
specifically delegated to the Commission from each Member
pursuant to the terms and conditions of "A Resolution Transfer-
ring Community Television Programming Rest~onsibilities from Group
W Cable of the North Suburbs Inc. d/b/a Cable T V North
Central." Should any Member withdraw from the Commission as of
the date of any renewal of the Cable Television Franchise
directors.
IX. OFFICERS
e officers of the Commission shall consist of
Section 1. Th
and a treasurer.
a chair, a vice-chair, a secretary- - -
A vacancy in the -office of chair, vice-chair,
Section -2 . _ _
treasurer shall occur for any of the reasons for
secretary or Vacan-
which a vacancy in the office of a director shall occur.
e offices shall be filled by the Commission for the
cies in thes
unexpired portion of the term. _
on 3. The four officers shall all be members of the
Sects
executive committee. s of the
Section 4. The chair shall preside at all meeting
and the executive committee. The vice-chair shall act
ionssComma
as chair in the absence of the chair.
8
Section 5. The secretary shall be responsible for keeping a
record of all of the proceedings of the Commission and executive
committee.
Section 6. The treasurer shall be responsible for custody
of all funds, for the keeping of all financial records of the
Commission and for such other matters as shall be delegated by
the Commission., The Commission may require that the treasurer
post a fidelity bond or other insurance against loss of Commis-
sion funds in an amount approved by the Commission, at the
expense of the Commission. Said fidelity bond or other insurance
may cover all persons authorized to handle funds of the Commis-
sion.
Section 7. The Commission may appoint such other offices as
it deems necessary. All such officers shall be appointed from
the membership of the Commission.
X. FINANCIAL .MATTERS
Section 1.- The fiscal year of the Commission shall be the
calendar year. -
Section 2. Commission funds may be expended by the Commis-
Sion in accordance with the procedures established by law for the
expenditure of funds by Minnesota Statutory Cities. Orders,
checks and drafts must be signed by any two of the officers.
Other legal instruments shall be executed with authority of the
Commission, by the chair and treasurer. Contracts shall be let
and purchases made in accordance with the procedures established
by law for Minnesota Statutory Cities.
9
Section 3. The financial contributions of the Members in
support of the Commission shall be [] in direct proportion [J to
the ercent of annual revenues of each Member to the total
revenues of the System for the prior year multiplied by the
Commission's annual budget. The annual budget shall establish
the contribution of each Member for the ensuing year and a
timetable for the payment of said contribution. [] The remainder
of any franchise fee paid to the Member by Grantee shall be used
for cable-related expenses. []
Section 4. A proposed budget for the ensuring calendar year
shall be formulated by the Commission and submitted to the
Members on or before August 1. Such budget shall be deemed
approved by a Member unless, prior to October 15, preceding the
effective date of the proposed budget, the Member gives notice in
writing to the Commission that it. is withdrawing from the
Commission. Final .action adopting a budget for the ensuing
calendar year shall~be taken by-the- Commission .on or before
November 1 of each year.
Section 5. Any Member may inspect and -copy the Commission
books and records at any and .all reasonable times. All books and
records shall be kept in accordance with normal and accepted
accounting procedures and principles used by Minnesota Statutory
Cities.
XI. DURATION
Section 1. The Commission shall continue for an indefinite
term unless the number of Members shall become less than five.
10 •
The Commission may also be terminated by mutual agreement of all
i of the Members at any time.
Section 2. In order to prevent obligation for its financial
contribution to the Commission for the ensuing year, a Member
shall withdraw from the Commission by filing a written notice
with the secretary by October 15 of any year giving notice of
withdrawal effective at the end of that calendar year; and
membership shall continue until the effective date of the
withdrawal. Prior to the effective date of withdrawal a notice
of withdrawal may be rescinded at any time by a Member. If a
Member withdraws before dissolution of the Commission, the Member
shall have no claim against the assets of the Commission. A
Member withdrawing after October 15 shall be obligated to pay its
entire contribution for the ensuing year as outlined in the
budget of the Commission for the .ensuing year.
Section 3. Should anv Member withdraw from the Commiss-ion
as of the date of anv renewal of the Cable Television Franchise
Ordinance, or in any year thereafter, the withdrawing member
shall assume the responsibilities for community programmin
within and for the geographic boundaries of the withdrawing
municipality as described in Article VIII, Section 13 herein.
For the years following withdrawal pursuant to this section and
so long as the "Resolution Transferring Community Television
Programming Responsibilities" is effective, the withdrawing
municipality shall receive from the Commission at the time of
receipt by the Commission of the Quarterly programming monies
11
from the cable comganY an amount of money equal to the withdraw-
ing municipality's pro rata share of the cruarterly programming
monies Pro rata shall mean that percentage which the municipal-
it would have had of the total votes of the Commission, had all
ten municipalities remained members of the Commission. Addition-
ally the withdrawing municipality shall receive a pro rata share
of any portion of the $650 000 payment made to the Commission
which the Commission has not specifically designated for the
repair or replacement of ecLuipment or facilities.
Section 4. In the event of dissolution, the Commission
shall determine the measures necessary to affect the dissolution
and shall provide for the taking of such measures as promptly as
circumstances permit, subject to the provisions of this Agreement
Upon dissolution of the Commission all remaining assets of the
Commission, after payment of obligations, shall be distributed.
among the then existing Members in proportion to the most recent -
Member-by-Member breakdown of the franchise-fee as reported~by
the Grantee. The Commission shall continue to exist after
dissolution for such period, no longer than six months,-as is
necessary to wind up its affairs but for no other purpose. After
dissolution, all initial Members of the Commission shall receive
their pro rata share- of any quarterly annual and lump sum
payments made by the cable company pursuant to "A Resolution
Transferring Community Television Programming Responsibilities."
12 •
IN WITNESS WHEREOF, the undersigned municipality has caused
this Agreement to be signed on its behalf this day of
19
WITNESSED BY:
0
by:
Its
Its
Filed in the office of the [] NSCC this day of ,
1990.
PREPARED BY:
Thomas D. Creighton, for
BERNICK AND LIFSON,~P.A.
Parkdale 1, Suite 200-
5401 Gamble Drive -
Minneapolis, Minnesota 55416 =
Telephone: (612) 546-1200
Facsimile: (612).546-1003
13
i•
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
Red-Lined
Attachment E
Revised June, 1990
BY-LAWS
OF
NORTH SUBURBS ACCESS CORPORATION
TABLE OF CONTENTS
NAME
PURPOSE
OFFICES
1. Registered Office
2. Other Offices
MEMBERSHIP
1. Designation
2. Membership Classes and Dues
3. Member Voting Rights and
Meetings
BOARD OF DIRECTORS
1. Number of Directors
2. Access Committee
3. Directors/Term
4. Access Committee/Term
5. Successive Terms
6. Management of Corporate
Affairs
7. Vacancies
8. Voting
9. Meetings of Board
10. Special Meetings
11. Meetings without Notice
12. Quorum and Adjourned Meeting
13. Written Action of Directors
14. Attendance at Meetings
15. Executive Committee
16. Committees
17. Committee Minutes
18. Compensation of Directors
19. Removal of Directors
1
ARTICLE VII RESIGNATION AND REMOVALS
1. Removals
2. Resignation
ARTICLE VIII FISCAL YEAR
ARTICLE IX NOTICES
1. Notice
2. Waiver
ARTICLE X ~ GENERAL PROVISIONS
1. Checks
2. Seal
3. Annual Report
4. Contracts
5. Loans and Pledges
6. Authorized Signatures
ARTICLE XI AMENDMENTS
2 •
BY-LAWS
OF
NORTH SUBURBS ACCESS CORPORATION
ARTICLE I
NAME
Section 1. Name. The name of the Corporation shall be
North Suburbs Access Corporation, a non-profit Minnesota corpora-
tion.
Section 2. Abbreviations. Whenever it is desirable to
abbreviate the name of the Corporation, the initials "NSAC" shall
be considered in every way the equivalent of the legal name of
the Corporation.
ARTICLE II
PURPOSE
The purpose of NSAC shall be as provided in Article II of
the Articles of Incorporation.
ARTICLE III
OFFICES
Section 1. Registered Office. The registered office of
NSAC required by the Minnesota Business .Corporation Act to be
maintained in the State of Minnesota is as provided and desig-
nated in the Articles of Incorporation. The Board of Directors
may, from time to time, change the location of the registered
office.. On or before the date that such change is to become
effective, a certificate of such change and of the location and
post office address of the new registered office shall be filed
with the Secretary of State of the State of Minnesota.
Section 2. Other Offices. NSAC may establish and maintain
such other offices, within the State of Minnesota, as the Board
of Directors may from time to time determine, or where the
activities of NSAC may require.
ARTICLE IV
MEMBERSHIP
Section 1. Designation of Members. The members of NSAC
shall be the persons, corporations, or organizations so desig-
nated from time to time by the Board of Directors.
Section 2. Membership Classes and Dues. There shall be
such levels of membership and dues for such members as so
designated from time to time by the Board of Directors. Dues of
members shall consist of annual dues. The annual dues for
members shall be in such amount, and payable at such time, as the
Board of Directors shall adopt by resolution. Failure to remit
such dues in a timely manner shall terminate membership rights
and privileges, if any, and such members shall be removed from
the membership role maintained by NSAC.
Section 3. Member Voting Rights and Meetings. The member
shall have no voting rights as members. Accordingly, there shall
be no meetings of members of NSAC.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Number of Directors. The Board of Directors
shall consist of ten (101 e~e~e~-fly} members, who shall be the
ten directors of the North Suburban Cable Communications Commis-
Sion ("Commission") or their duly appointed alternate, and--orre
e~ese~a~i.~~ of- ~~t ~~ ~rr~-i~-i~g ~rl.~ ~~l-e~i~-i~m- -s~ei~ri~e
2 •
t-o-- t-he~- I~rtY~--~t~bt~rbarr--~abr~--Serv*ree--P~rrrtorp--(hereinafter
fez-recf -tQ -as -"tyre -co~ariy -c~irectar"'r .
Section 2. Access Committee. The Board shall appoint an
Access Committee which shall consist of nine (9) members.
Additional members may be appointed from time to time in the
discretion of the Board. The members of the Access Committee
shall be members of the general community represented by the
Commission. The access committee shall have all duties specifi-
cally delegated to it by the Board.
Section 3. Directors Term. The directors shall serve for a
term which shall be the same as each director's term on the North
Suburban Cable Communications Commission. ~`~is-~ntp~rry--c~ireotor
s~-3-1-1- -s~rv~e~ -at -the-pleasure- of- thy- £~a-b-l~e- -compa-rry,- 3v -lorry -as -tlie
company -bras -r~rrrt-te~ -itr -a -t-i-nrery -nram-rer -its -access -fees - ~$?5,-Q~Q-
CC3~ -ge-r ~e-~rr -ate -i-~s -~ o -frarrchrse -fee .-
Section 4. Access Committee/Term.
a) Initial Term: Access Committee members appointed
by the Board shall serve for a term designated by the Board
at the time of a committee member's appointment.
Section 5. Successive Terms. Successive terms of service
on the Access Committee by any individual shall be and are hereby
allowed under these By-Laws.
Section 6. Management of Corporate Affairs. The Board of
Directors of this Corporation shall control the general manage-
ment of its affairs and shall elect all officers of this Corpora-
tion. In addition to the powers and authorities these By-Laws
3
the Board of Directors may exercise all such
confer upon it, acts and things •
all such lawful
powers of the Corporation and do
r required by statute or the Articles of
directed o
as are Laws.these BY-
Incorporation of the Corporation or by
Vacancies. In the event a director dies,
Section 7• the Commission,
esi ns, is disabled or is otherwise removed from
duly appointedrg
the vacancy shall be filled by that director s.
successor on the Commission.
Votin The ten (10) Commission members of the
Section 8• --g voting as that
the same proportional
Board shall exercise
on the Commission. 'PYt~"'COmgztnp-rcpresentzttzve-
director exercises the Board shall
lr~"~e. ~T~V~~' The acts and resolutions of
vote of the authorized
majority
be enacted by a two-thirds (2/3) ~~
directorsC-o~t~i-~'9' •
votes cast on that issue provided that five
resent and voting must vote in the affirmative-
The Board
P Directors.
Section 9. Meetin s of the Board of
s either within or without the State
of Directors may hold meeting
annual meeting of the Board of Directors shall
of Minnesota. An shall from
such places as
be held each year at such times and
The Secretary shall
time to time be determined by the Board.
as a result of expired
certify all new appointments to the Board,
for any reason, from time to time and at the
terms or vacancy
e ular meetings of the Board of Directors shal
annual meeting. R g from time
arterly or at such times and places as shall
be held qu than five
o time be determined by the Board. Notice not less
t
C7
4
5) business days shall be directed to each director by a method
specified in Article IX of these By-Laws.
Section 10. Special Meetings. Special meetings of the
Board may be called by the President of the Board of Directors or
any three Directors on notice of not less than three (3) business
days directed to each director, in accordance with the notices
provision of Article IX. Activities transacted at any special
meeting of the Board shall be limited to the purpose stated in
the notice.
Section 11. Meetings Without Notice. Any director may in
writing, either before or after the meetings, waive notice
thereof; and without notice any director by his attendance at and
participation in the action taken at any meeting of the Board of
Directors shall be deemed to have waived notice thereof.
Whenever all of the directors of this Corporation shall be
present and consent to or participate in a meeting thereof, such
meeting shall be deemed to be a legal meeting and all the
business transactions thereat shall be legal and valid in all
respects, the same as though such meeting had been regularly
called and notice thereof had been regularly given.
Section 12. Quorum and Adjourned Meeting. At all meetings
of the Board, there shall be a quorum for the transaction of
business if there are present f ive ( 5 ) E.bmnri5si~n directors who
constitute a majority of the total authorized votes of all
directors. If, however, such quorum shall not be present at any
such meeting, the director or directors present thereat shall
have the power to adjourn the meeting from time to time without
notice other than announcement at the meeting, until a quorum
shall be present.
Section 13. Written Action of Directors. Provided that all
directors are notified of the text of the proposed written action
prior to the signing by any of the directors, any action may be
taken by the Board of Directors without a meeting, by written
action of the Board of Directors signed by the number of direc-
tors that would be required to take. the same action at a meeting
of the Board at which all directors were present. Such action
shall be effective upon the date the last signature of the
required number of directors is placed on such writing or writ-
ings, or such earlier or later date as set forth therein. Any
action of a committee of the Board of Directors may be taken in
the same manner and in accordance with the same procedures as
provided in this section for the Board of Directors.
Section 14. Attendance at Meetincis. Unless otherwise
restricted by the Articles of Incorporation or these By-Laws,
members of the Board of Directors, or any committee designated by
the Board of Directors, may participate in a meeting of the Board
of Directors, or any committee, by means of conference telephone
or similar communications equipment by means of which all persons
participating in the meeting can hear each other, and such
participation at a meeting shall constitute presence in person at
the meeting.
s
I •
i•
Section 15. Executive Committee. The Executive Committee
shall consist of the officers of the Board, to serve at the
pleasure of the Board. The President of the Board of Directors
shall be Chairperson of the Executive Committee. During the
intervals between meetings of the Board of Directors, the
Executive Committee shall possess and may exercise all of the
powers of the Board of Directors to manage the business affairs
of NSAC, except to the extent specifically limited by and
reserved by the Board of Directors from time to time; provided,
the Executive Committee shall not have the power to authorize the
expenditure of funds by NSAC or the incurring of any obligation
on behalf of NSAC which, with respect to any one transaction with
any one third party, involves the purchase or sale of goods or
services, lease or rental of property to or by NSAC or the
borrowing by or to NSAC, regardless of the time over which such
sum is payable or receivable. In no event shall the Executive
Committee be granted or exercise any power or authority exceeding
that of the Board of Directors. The Executive Committee shall
have no power or authority with respect to amendment of the
Articles of Incorporation or the By-Laws of NSAC, adopting an
agreement of merger or consolidation, the dissolution of NSAC, or
the sale, lease or exchange of NSAC's property or assets. All
actions by the Executive Committee shall be reported to the Board
of Directors at its meeting next succeeding such action, and
shall be subject to revision and alteration by the Board,
provided that no vested rights of third parties shall be affected
7
by such revision or alteration. The Executive Committee shall
have one vote per member. A majority of the members of the
Executive Committee shall be necessary to constitute a quorum and
in every case the affirmative vote of the majority of all members
of the Executive Committee shall be necessary for the taking of
any action. The Executive Committee shall fix its own rules of
procedure. It shall meet as provided by such rules or by
resolution of the Board of Directors or by call of any member of
the Executive Committee.
Section 16. Committee. The Board of Directors may desig-
nate, define the authority of, set the number and determine the
identity of members of, one or more committees. The Board may,
by similar vote, designate one or more directors as alternate
members of any .committee, who may replace any absent or dis- •
qualified member at any meeting of the committee. Any such.
committee, to the extent provided in the resolution, shall have
and may exercise all the powers authorized by the Board of
Directors. Unless otherwise stated in the resolution creating it
or in these By-Laws, committee actions shall be taken only upon
affirmative vote of a majority of all members of the committee.
Failure of a committee to reach agreement upon any issue before
it shall require referral of such issue to the Executive Commit-
tee or to the entire Board of Directors.
Section 17. Committee Minutes. Each committee shall keep
regular minutes of its meetings and report the same to the Board
of Directors when required.
e •
Section 18. Compensation of Directors. Directors >:~all notbecompensatedbyNSACfortheirdutiesasdirectors, includingserviceuponBoardcommittees, but may be reimbursed by DiSAC for
expenses incurred as a result of attending Board of Direc~~~ors orcommitteemeetings. No such payment shall preclude sucl-i direc-tors from serving NSAC in any other capacity and receivingcompensationtherefore.
Section 19. Removal of Directors.Unless otherwiserestrictedbytheArticlesofIncororationortheseBpy-laws, adirectorshallberemovedwhensaiddirectornolongerservesontheCommittee.
ARTICLE VI
OFF~ICE_RS
i•
i•
Section 1. Election Qualific-at;~ns . The officers of NSACshallbeelectedforoneyeartermsbytheBoardofDirectorsuponthefirstmeetingoftheBoardofDirectorsandthereafterattheannualmeetingoftheBoardofDirectors, and shallconsistofthePresident, Vice-President, Secretary, Treasurer,and such other officers as the Board of Directors shall determinefromtimetotime. Officers shall not serve in the same capacitformorethantwo2
y
consecutive terms.
Section 2. President. The President shall be the chiefexecutiveofficeroftheCorporationandshallpresideatallmeetingsofthedirectors. The•President shall have general andactivemanagementofthebusinessoftheCorporation, under thesupervisionanddirectionoftheBoardofDirectorsandshallsee
9
that all orders and resolutions of the Board are carried into
ff teec The President shall execute all contracts or instruments
requiring an officer's signature, unless otherwise directed by
the Board, and shall have the general powers and duties usually
vested in the office of President of the Corporation and shall
have such other powers and perform such other duties as the Board
of Directors may from time to time prescribe.
Section 3. Vice-President. The Vice-President shall
exercise and perform the authorities and duties of the President
in the event of the Tatter's death, disqualification, or in-
capacity, unless otherwise provided by the Board of Directors.
The Vice-President shall exercise and perform such other authori-
ties and duties as may be prescribed or limited from time to time
by the Board of Directors.
Section 4. Secretarv. The Secretary shall cause to be
recorded all votes and the minutes of all proceedings of the
Board of Directors and of the members in a book to be kept for
that purpose, and shall keep the membership registry. The
Secretary shall give, or cause to be given, notice of all
meetings of the Board of Directors, and shall perform such other
duties as may from time to time be prescribed by the Board of
Directors or by the President.
Section 5. Treasurer. The Treasurer shall have the care
and custody of the corporate funds and securities and shall
disburse the funds of the Corporation as may be ordered from time
to time by the Board of Directors. The Treasurer shall keep or
10
cause to be kept full and accurate accounts of receipts and
disbursements in books belonging to the Corporation, and shall
deposit all monies, securities and other valuable effects of the
Corporation in the name and to the credit of the Corporation in
such depositories as may be designated from time to time by the
Board of Directors. Except to the extent that some other person
or persons may be specifically authorized by the Board of Dir-
ectors to do so, the Treasurer shall make, execute, and endorse
all checks and other commercial paper on behalf of the Corpora-
tion when requested 'by the Board of Directors and shall perform
such other duties as may be prescribed by the Board of Directors.
Section 6. Assistant Treasurer. The Assistant Treasurer if
one be elected by the Board, shall have such powers and perform
such duties of the Treasurer as may be prescribed from time to
time by the Board of Directors.
ARTICLE VII
RESIGNATIONS AND REMOVALS
Section 1. Removals. Any officer may be removed at any
time, with or without cause, upon the affirmative vote of two-
thirds votes of the authorized votes of the Board of Directors
with five Directors voting in the affirmative. Directors shall
be removed only in accordance with Article V of these By-Laws.
Section 2. Resignation. Any director of officer may resign
at any time. Such resignation shall be made in writing and shall
take effect at the time specified therein or if no time be
specified at the time of its receipt by the President or Secre-
U
11
tary. The acceptance of a resignation shall not be necessary to
make it effective.
ARTICLE VIII
FISCAL YEAR
The fiscal year of NSAC shall be fixed by resolution of the
Board of Directors and may be changed by resolution of the Board
of Directors.
ARTICLE IX
NOTICES
Section 1. Notices. Whenever, under the provisions of the
statutes, or the Articles of Incorporation or of these By-Laws,
notice is required to be given to any Director or Committee
Member, it shall not be construed to mean personal notice,' but
such notice may be given in writing, by mail, addressed to such
Director at his or her address as it appears on the records of
NSAC, with postage thereon pre-paid, and such notice shall be
deemed to be given at the time when the same shall be deposited
in the United States Mails. Notice may also be given by tele-
gram, telex or telephone, followed by written confirmation within
five ( 5 ) days .
Section 2. Waiver. Whenever any notice is required to be
given under the provisions of the statues, or of the Articles of
Incorporation or of these By-Laws, a waiver thereof in writing,
signed by the person or persons entitled to said notice, whether
before or after the time stated therein, shall be deemed equiva-
lent thereto.
12
ARTICLE X
GENERAL PROVISIONS
Section 1. Checks. All checks or demands for money or
notes of NSAC shall be signed by such officer or officers or
other such person or persons as the Board of Directors may from
time to time designate.
Section 2. Seal. NSAC shall not have a corporate seal.
Section 3. Annual Report. The officers of NSAC shall
annually prepare a report summarizing the activities of NSAC
conducted in the course of its prior fiscal year and distribute
the same to the member cities of the Commission.
Section 4. Contracts. The Board of Directors may authorize
any officer or officers, agent or agents of the Corporation to
enter into any contract or execute and deliver any instrument in
the name of and on behalf of the Corporation and such authority
may be general or confined to specific instances. Unless so
authorized by the Board of Directors, no officer, agent or
employee shall have any power or authority to bind the Corpora-
tion by any contract or engagement or to pledge its credit or
render it liable pecuniarily for any purpose or to any amount.
Section 5. Loans and Pledges. No loans shall be contracted
nor pledges or guarantees given on behalf of the Corporation
unless specifically authorized by the Board of Directors.
Section 6. Authorized Signatories. All checks, drafts, or
other orders for the payment of money, notes, or other evidences
of indebtedness issued in the name of the Corporation shall be
signed by such person or persons and in such manner as shall be
13
from time to time determined by the Board of Directors and these
iBy-Laws.
ARTICLE XI
AMENDMENTS
The Articles of Incorporation and these By-Laws may only be
altered or amended by a two-thirds vote of the authorized votes
cast on the issue and the affirmative vote of five Directors, if
notice of such alteration or amendment is contained in the notice
of such meeting.
THE UNDERSIGNED, being the Secretary of the Corporation does
hereby certify that the foregoing By-Laws of the Corporation were
adopted by resolution of the Board of Directors at the meeting
held on the day of 1990.
Secretary •
North Suburbs Access Corporation
14 ~•
Consent
Policy X CITY OF YALCON HEIGHTS
jtEQUEST YOR COUNCIL CONSIDERATION
Agenda Item:.,
F-2
Beefing Date: 6/27/90
ITEt! DESCRIPTION:
UPDATE ON COMMUNITY PARK BUILDING
SUSKZTTED BY:Dick Friemuth
Buetow and Associates
REVIEi~ED BY:Carol Kriegler
Jan Wiessner
E~LANATION/SUr4SARY attach additional sheets as necessary):
Staff will give a brief update on the building project.
ACTION REQUESTED:Information Only
BUETOW AND ASSOCIATES, INC.
ARCHITECTS AND ENGINEEpS
2345 FACE STFIEET SUITE 210
6T. PAUL, MINNESOTA 55113
TEL, 618/463-6701
June 7, 1990
FIELD OBSERVATION REPORT #7
Falcon Heights
Community Park Building
BA #8927
TO: Carol I~::egler, Ja.~ ~'Veissner
Barton Aschman, Gow Assoc, Amberker Assoc.
Engineering Design Group
Jefferson Construction Inc.
BY: Dick Freimuth
Environmental Conditions: Sunny, 60°
Construction Personnel on Site: 4 masons, 1 electrician and 3 mechanical
The Following was Observed on May 30. 1990:
1. Masons have completed the perimeter masonry and center bearing wall and are starting
kitchen toilet walls.
2 . The toilet sewer pipes are roughed in.
3 . The underslab heating duct was nearly complete.
4. Grading of fill for skating rinks was nearly complete.
5 . Fence had been removed on south and west side of construction area.
6. Roof trusses and TJI were on site.
Items to Verify:
1. The price of adding a shock sensor to the security system for opening 107B, drinking
fountain revisions, and tennis court switches inside the building are still needed. Also,
reroofing the remote picnic shelter.
Information or Action Required:
1. Open up weep holes so they are clear for proper drainage of the cavity on the northeast
side of the building.
2. THE FENCE OR ANOTHER METHOD SHALL BE UTILIZED TO PROTECT THE
PUBLIC FROM THE CONSTRUCTION AREA.
3. A change order for converting the 4" water main to the building to a 6" pipe will be
included with other items accepted per the verified section above.
4. The combustion and air intake locations were coordinated.
5 . Protect trusses and TJI's both uncovered and on ground.
6. Site shall be maintained in a clean and orderly manner to ensure a safer working
condition...especially since the security fence-has not been restored.
C
7 . Internal duct insulation in the truss space is acceptable and the louver shall have 1" space
with bird screen and be made of aluminum. The free air shall equal the duct size which
can be reduced slightly to fit within the truss spacing. The manufacturer shall be as
specified in Section 15800 item 2.04 and submitted for approval as indicated in Section
15800 item 1.03.
End of Report
BUETOW AND ASSOCIATES, INC.
ARCHITECTS AND ENGINEERS - ~ .~'+~~
2345 RICE STREET SUITE 210
ST. PAUL, MINNESOTA 55113
TEL. B'12/4H3-6701 ~ ~__--
June 20, 1990
FIELD OBSERVATION REPORT #9
Falcon Heights
Community Park Building
BA #8927
TO: Carol I~-iegier, Jan i~+'tissner
Barton Aschman, Gow Assoc, Amberker Assoc.
Engineering Design Group
Jefferson Construction Inc.
BY: Dick Freimuth
Environmental Conditions: Sunny, 70°
Construction Personnel on Site: 6 Carpenters, 4 St. Paul Utilities & Excav.
The Following was Observed on June 20. 1990:
1. Masons have completed the perimeter masonry center bearing wall, fin walls, and the
kitchen, toilet walls that are not slab supported.
2 . The center column was installed, TJI's, trusses and sheathing were nearly complete.
3 . Carpentry walls and roofs by vestibules had been started.
4. Site utility work was underway.
Items to Verifv:
1. The price of adding a shock sensor to the security system for opening 107B, drinking
fountain revisions, and tennis court switches inside the building are still needed. Also,
reroofing the remote picnic shelter.
2. Generally the project appears to be one week behind schedule. Buetow & Associates is
concerned that the building be completed by 26 July 1990. We request that Jefferson
Construction re-evaluate the schedule and work so the project can be brought back on
schedule. We are aware of the open week on the schedule and expect this week to be
utilized to get the project back on schedule.
Information or Action Reduired:
1. Open up weep holes so they are clear for proper drainage of the cavity on the northeast
side of the building.
2. A change order for converting the 4" water main to the building to a 6" pipe will be
included with other items accepted per the verified section above.
Falcon Heights Report
6/14/90
Page 2
3. Site shali be maintained in a clean and orderly manner to ensure a safer working
condition.
4. Damaged heating vent shall be repaired by door.
5. All roof structure bridging shall be completed.
End of Report
Consent
Po~ y X
ITE'i DESCRIPTION:
SUS?SZTTED BY
REVIE'S~}ED BY:
CITY OF lALCON SEIGHTS
REQUEST !OR COUNCIL CONSIDIItATION
Agenda Item: F-3
Seating Date: 6/27/90
ASSOCIATION OF METROPOLITAN MUNICIPALITIES' MISSION AND
SERVICES
Larry Bakken, AMM President
Golden Valley City Councilm
II~LANATIONjSUHZiARY (attach sdditional sheets as necessary):
AMM has requested each member city to review the "1990 Mission and
Membership Services Task Force Report" and inform them by August 15
whether the City opposes or supports the proposed dues increase to
hire an additional staff member.
ATTACHMENTS:
A. June 4, 1990 Bakken letter
B. AMM 1990 Mission and Membership Services Report
ACTION REQUESTED: Discuss and take action on AMM's proposal
i ,
Attachment A
as$ociation of
metro olitanmunic~alitiesp
June 4, 1990
Dear Chief Administrative Official:
Rr!,~
I NEED YOUR HELP NOW! 'The AMM must become more proactive, more
collaborative, more focused and more assertive. The AMM provides the
only meaningful vehicle for the cities of the metropolitan area to
express in a united voice this important perspective of local
government.'
The above quote, perhaps more than any other statement, capsulizes
the major conclusion of the 12 member AMM Mission and Membership
Services Task Force which just completed a year long evaluation and
assesment of the AMM's mission, focus and general operations. The
Task Force, in its final report, concluded that the AMM has been a very
effective 'voice' and provides many benefits for the cities in the 7-
county metropolitan area. However, the Task Force feels that we (The
AMM) are at a crossroads and must not rest on our laurels as the
problems and challenges facing us in the 90's are likely to be even
more complex and difficult than the .problems of the last decade.
The enclosed Task Force report contains a 'blueprint for action' which
if implemented should enable the AMM to remain a reliable and relevant
tool for member cities as we enter the 90's. The bottom line,
however, is that to follow th~.s ';blueprint" we must hire an additional
staff member which could result in a' dues fncr~ase of 20 too 25~. The
current three member staff does an outstanding job but the work load
has increased so dramatically in recent years that to maintain current
programs and increase our effectiveness at the Legislature and to
become more proactive at the metropolitan level as recommended in the
report, an additional staff member is mandatory.
The Board would like to implement the Task Force recommendations and
have the additional person on board by early 1991 but will not do so
unless there is strong membership support for such action. Here is how
your help is needed as asked for in the opening sentence of this
letter:
3. Please provide copies of this letter and report to your Mayors and
Councilmembers.
7
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183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
2. Please place the report on your Council's Agenda for discussion
and action prior to August 1, 1990. (If you would like an AMM
board member to attend your council meeting when this item is
discussed, please contact an AMM staff member to make the
arrangements.)
3. Please inform the AMM Office by no later than August 15th. as to
whether your city supports or opposes adding a staff member and
the resultant dues increase. (You will be notified as to the
exact amount of such increase by no later than July 6th.)
4. Please have a representative from your city attend the special AMM
Membership Meeting pre-scheduled for Thursday evening, September
20th. to consider and vote on this matter.
I thank you in advance for your help and thoughtful consideration of
this proposal.
Sincerely,
r/c-~--
Larry Bakken, President
Golden Valley Councilmember
C7
2-
Attacl~unent B
t
as~ociation of
metro olitan
munici alities
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
REPORT OF THE 1990 MISSION AND MEMBERSHIP SERVICES TASK FORCE
TASK FORCE MEMBERS
Kevin Fraiell, City Administrator, Cottage
Mentor "Duke" Addicks, Legislative Liaison,
Bob Benke, Mayor, New Brighton
Gary Jackson, City Manager, Coon Rapids
James D. Prosser, City Manager, Richfield
Marilyn Corcoran, Mayor, Dayton
Nancy Jorgenson, Councilmember, Fridley
Tom Spies, Councilmember, Bloomington
Katherine Trummer, Mayor, South St. Paul
Larry Bakken, Councilmember, Golden Valley
Bob Long, Councilmember, St. Paul
Lu Stoffel, Mayor, Hastings
Grove, Task Force Chair
Minneapolis
183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
INTRODUCTION
The league of Metropolitan Municipalities (LMM) was originally created in 1967,
as a subsection and affiliate organization of the League of Minnesota Cities
LMC). The impetus for forming the LMM was the creation of the Metropolitan
Council, and the growth in importance and power of the regional operating agen-
cies. It was felt that the cities of the seven-county metropolitan area needed
an organization, separate from but complementary to the LMC, to interact with
those agencies. In 1974, the LMM merged with the Suburban League of Municipali-
ties to become the Association of Metropolitan Municipalities (AMM).
As the needs of AMM member cities have changed over the years, the Board of
Directors has strived to keep the organization relevant. During the late 1970's
and throughout the 1980's, the Association's focus has broadened from strictly
metropolitan" affairs, to protecting the interests of member cities in state-
wide issues with unique impacts for the metropolitan area. The most prominent
recent example is the distribution of state aids to local governments.
In 1984, the Association convened its-first Mission and Membership Services Task
Force to do an in depth study of the AMM and recommend needed changes. The
major concern of that Task Force was the proliferation of splinter municipal
lobbying groups within the metropolitan area. The 1984 Task Force was concerned
that the AMM could lose its viability as an umbrella organization for all metro-
politan cities in the face of a growing number of smaller groups with differ-
ences of opinion on the allocation of state aid resources. The group made 13
recommendat ions, all of which have since been implemented, with the exception of
expanding the staff. The final recommendation of the 1984 report was that the
Mission and Membership Services review process should be revisited every five
years.
Fortunately, predictions of any demise of the Association were ill-founded.
Since the 1984 report was issued, five additional communities (West St. Paul,
South St. Paul, Arden Hills, Blaine and Shoreview) have joined AMM. The Member-
ship now includes 68 metropolitan cities, covering over 90 percent of the popu-
lation in the seven-county area. This is an all-time high for the Association.
Ironically, one of the splinter groups which existed in 1984, the Municipal
Caucus, has since gone out of existence after concluding that its aims and
purposes were not that different from those of AMM.
The meetings of this year's Mission and Membership Services Task Force, however,
have taken place within the context of an increasing split between the metropo-
litan area and Greater Minnesota over taxation, local government aid, and other
state fiscal policies. The Task Force has studied carefully how the AMM might
be a more effective and united voice at the legislature on behalf of all cities
in the seven-county metropolitan area. The Task Force has also considered the
Association's relationship to the League of Minnesota Cities, and how it might
help strengthen that organization in serving the interests of all cities
throughout Minnesota.
At the same time, the Task Force has not neglected the original focus of AMM,
which was to monitor and work with the metropolitan agencies. Of particular
1-
concern is the observation that as AMM has become involved in more and more
statewide issues, the staff has had a very noticeable decrease in the amount of
time available to be spent in the area of metropolitan affairs. The Task Force
feels strongly that the AMM should not only correct its decreased activity~in
metropolitan oversight, but should actually become proactive in helping set the
regional agenda.
Richfield City Manager Jim Prosser and Golden Valley Councilmember Larry-Bakken
have drafted a revised "PURPOSES" Statement for incorporation in the Association
bylaws. This document, attached as Appendix A, has been adopted by the Task
Force as a recommended mission statement for the Association. In a nutshell,
the recommended mission is well-summarized in the first item of that Purposes
Statement:
To serve as the exclusive and rimar representative of the collec-
tive interests o~1aT me ropolia-~cities on metropolitan-wide an3
statewide issues with unique metropolitan significance.
To further that goal, the Task Force has made several observations and numerous
recommendations for specific actions to enhance the success and performance of
the Association. Those are set forth by topical area as follows, and prefaced
by brief background material.
During .its deliberations the Task Force received input and advice from a number
of resource persons. They are listed-in Appendix B. The Task Force wishes to
express its gratitude for their time and counsel.
7
2-
RELATIONSHIP TO THE LEAGUE OF MINNESOTA CITIES
As indicated in the introduction, the Association of Metropolitan MunicipalitieswasoriginallycreatedasasubsectionoftheLeagueofMinnesotaCitiesand
remains in that status today. As .such, we are the only organization entitled to
an ex officio (with voting privileges) seat on the league Board of Directors.
We are considered an "affiliate organization" of the League for the purposes of
adopting legislative policy. The Association offices are located on the firstflooroftheLMCbuilding. Cities in the seven-county metropolitan area
comprise approximately 15 percent of the LMC membership, but because of their
size pay about one-half of the LMC dues.
The Task Force met with LMC President Millie McCloud, as well as Executive
Director Don Slater. A member of the Task Force, New Brighton Mayor Bob Benke,currently serves as vice president of the League.
The Task Force observations are that the League of Minnesota Cities and the
Association of Metropolitan Municipalities have maintained a very positiveworkingrelationship. Despite the split in the LMC membership over local
government aid policies, the AMM has never taken a legislative position in
direct opposition to any adopted policy of the League. In fact, LMC and AMM
lobbying staffs work cooperatively in many areas of policy agreement (such as
pay equity, labor relations law and tax increment financing).
Officials from Greater Minnesota have raised concerns about the relationshipbetweentheLeagueandAMM. Specifically, it has been questioned whether the
AMM should have the ex officio seat on the Board, and whether the relationshipbetweenthestaffsofthetwoorganizationshasbeencompromisinglyclose. Due
to these concerns, as well as our own concerns about the effectiveness of AMM as
a subsection of the League, the Task Force considered carefully whether the AMM
should be incorporated as a separate entity.
RECOMMENDATIONS
1. Because of division in its membership, the LMC has been neutralized from
effective lobbying on some critical issues like local government aid. This
means that the AMM must become more vocal and assertive on behalf of its
member cities in these policy areas.
At the same time, we wish to support the efforts of LMC to bring together
its membership on divisive issues, and recommend that the LMC develop
effective consensus building and dispute resolution procedures that enable
it to adopt policy positions that have credibility with the legislature.
We encourage AMM member city officials to become more actively involved in
the LMC, creating a metropolitan constituency group and perspective within
the LMC.
2. We recommend that the Association not be incorporated as a legal entity
separate from the League of Minnesota Cities. We wish to be supportive of
the LMC, and to encourage AMM member city officials to become more active
in the league. We feel that this goal can be best accomplished in our
current status as subsection of the League.
3-
3. We recommend that the AMM reject any requests that it give up the ex officioseatontheLMCBoard. The Task Force feels strongly that we have lived uptotheguidelinesandspiritunderwhichweareanaffiliateorganizationi.e. not taking contrary lobbying positions).
4. We recommend that, as long as possible,-the AMM offices remain in the LMC
building. We feel that to move from the building would undermine much of
the cooperative working relationship that exists between the staffs of the
two organizations. It would also be expensive for the AMM to acquire the
overhead and support services that it currently purchases from LMC.
However, expansion of the AMM staff may make a move from the existing LMC
building unavoidable.
5. We recommend that the AMM Board and Membership focus its agenda by refer-
ring more of the non-divisive statewide issues to the LMC for lobbying
on behalf of all member cities, both metropolitan and Greater Minnesota.
4-
LOBBYING
Legislative policy adoption and lobbying have become the major focus for theAssociation, growing steadily over the years. When the Association was formedin1974, it had two standing policy committees and 35 legislative policies.Today the Association has five standing committees, and the membership has
adopted over 100 legislative policies for the current biennium. In addition,several ad hoc study committees for specialized topics (i.e. land use legisla-tion, metropolitan significance rules, group homes) have been formed in the pastfewyears.
Intrusion by the legislature into local affairs has increased dramatically in
recent years. At the same time, other municipal lobbying groups, most notablytheCoalitionofGreaterMinnesotaCities, have aggressively promoted tax poli-cies that are detrimental to the collective interests of the metropolitan area.
Consequently, the AMM lobbyists have been challenged to accomplish more and moreatthelegislature, without any significant increase in resources.
Legislators with whom the Task Force met described our lobbying staff as com-
petent and well respected. At the same time, the legislators admitted that the
aggressive, and sometimes even abrasive tactics used by other municipal lobbying
groups have probably led to more success in accomplishing their agendas. In
response to these concerns, the AMM for the first time hired contract lobbyists
during the 1990 session.
Legislators expressed their frustration with the increasing regionalism of citylobbyinggroups, and urged us to show a concern for the entire State at the same
time we more actively pursue the interests of the metropolitan cities. It was
also suggested that having a better data base for lobbying would be helpful in
pressing the AMM position.
RECOMMENDATIONS
1. The AMM should seek to be seen as the organization with the authority and
credibility to spear on behalf of afT cities in the seven-county metropoli-tan area.
2. The AMM has become "spread too thin" in the number of policy issues it is
lobbying, and needs to limit active involvement to three types of issues:
a) Issues of concern only to metropolitan cities - i.e. interaction
with Metropolitan Council and operating agencies, Chapter 509
Watershed Management Organizations, etc.
b) Statewide legislation with unique impacts in the metropolitan
area - i.e. land use, solid waste, tax increment financing, etc.
c) Statewide issues where the interests of the metropolitan area
may be different than, and at times even contrary to, those in the
remainder of the State - i. e. local government aid formulas
Specific suggestions for limiting our most active legislative agenda items
to these topics are included in the section on committees and the policy
adoption process.
5-
3. The AMM's lobbying efforts in the property tax area have been hindered bylackofimmediateaccesstoacomputerizedpropertytaxmodel. The Task
Force recommends that the AMM Board of Directors closely monitor the
progress of the League of Minnesota Cities in developing a property tax
model that is useable and immediately accessible to all cities. If this
proves inadequate to meet our needs, the AMM membership should be preparedtobeartheexpenseofdevelopingitsownpropertytaxmodelingsystem..
4. The AMM should be proactive, and not just reactive in its legislative posi-tions. For example, the AMM has never produced its own recommended formula
for distribution of local government aids, and should consider doing so.
5. At the same time we become more proactive, we should also stay on the high
road, adopting positions that reflect responsible public policy for the
entire State of Minnesota.
6. AMM member city officials should become more active and involved in the
League of Minnesota Cities and its policy study committees. In some cases,
we may find ourselves lobbying the LMC, rather than the State legislature,
to pursue particular policy positions that are of common interest to all
cities in the metroplitan area.
7. The AMM should increase the amount of time it spends one-on-one with
legislators explaining AMM positions. We should also hold metropolitan
legislators more accountable to_the AMM agenda by developing and publish-
ing a "scorecard" following each legislative session.
8. In pursuing our legislative
that lobbying is an ongoing
not only for immediate gain
relationship with the State
Cities.
agenda, we should "pace ourselves", realizing
process. Policy positions should be pursued
s, but for maintaining a long-term positive
government and with the League of Minnesota
6-
COMMITTEE STRUCTURE AND POLICY ADOPTION PROCESS
The Association currently follows a procedure whereby potential legislativepoliciesarebroughtforthandconsideredforadoptioninthefivestandingpolicycommittees (revenues, metropolitan agencies, transportation, housing andeconomicdevelopment, general legislation). As indicated earlier, the Associ-ation currently has over 100 adopted legislative policies. The policies havebeendividedintocategoriesastolevelofeffortinlobbying.
The AMM now finds itself actively involved in issues that are not limited ininteresttothemetropolitanarea, even where our positions are similar to thoseofcitiesinGreaterMinnesota. The best recent example is pay equity, wheretheAMMpositionisalmostidenticaltothatoftheLeagueofMinnesotaCities.Yet because of the high visibility and strong feelings surrounding this issue,many member cities expected the AMM staff to be active in lobbying on this issue.
There is also the dilemma of issues that are of interest to a single city, or alimitednumberofcities. The AMM Board and staff have attempted to be respon-sive to the needs of each member city, but a question is raised as to whether itisfairtotaketimeandresourcesawayfromissuesthatareofmoreimportancetothebroadermembership.
The Task Force discussed at length what to do about issues that are divisive
among our own members, for example fiscal disparities or funding for combined
sewer overflow abatement. A majority of the committee concluded that the AMMshouldnotavoidtakingdefinitivepositionsontheseissues, as it would beleftneutralizedonissuesofhighimportancetoalargenumberofcityoffi-cials and thereby foster the growth of still more splinter groups.
Finally, the Task Force examined the five standing policy committees, concludingthattheyareworkingwellandthatnoneshouldbeeliminated. In fact, it wasspeculated"that as new social and legislative problems appear (i.e. the drugcrisis) there will likely be a need for additional standing or ad hoc committees.
The Task Force further suggests that there may be utility in having a broad-
based "futures" conanittee to simply help the organization anticipate and be
prepared for pending issues.
RECOMMENDATIONS
1. The Association needs to focus most of its resources and effort on the few
issues of very highest priority to the entire membership. At the same
time, the AMM should not narrow its agenda to the point that it loses the
interest and support of its broad base of cities.
2. In order to accommodate the legitimate interests of all member cities, we
recommend that AMM create an "endorsed" category of policies. These would
be policies of interest to a limited number of cities, or those where the
League of Minnesota Cities or some other group might reasonably be expectedtoadequatelyrepresenttheinterestsofmetropolitancities. With the AMM
endorsement", the AMM would be officially on record as supporting these
policies, but not actively involved in lobbying or initiating legislation.
7-
3. The existing Legislative Coordinating Committee (LCC) should be the
screening and dividing" group for determining lobbying priorities and
deciding which policies will be "endorsed" and referred to other groupsi.e. LMC) for lobbying.
4. We recommend that the Association strive to achieve real consensus on
divisive issues, and not merely concurrence through a majority vote.
Committee chairs as well as Board members might benefit from professional
training in dispute resolution.
The AMM should not avoid taking definitive positions on issues that are
controversial among its own membership. While such avoidance may "buy
peace" in the short term, in the long term it neutralizes the effec-
tiveness of the organization, undermining its credibility with legislators
and causing the proliferation of splinter groups surrounding special
issues. The AMM should make use of dispute resolution services, such as
the Office of Dispute Resolution in the State Planning Agency and the
Mediation Center, a private non-profit community mediation service based
in St. Paul.
5. The two-thirds majority vote requirement for adoption of legislative
policies should be retained.
8-
OTHER METROPOLITAN LOBBYING GROUPS
The Task Force met with Minnetonka City Manager Jim Miller, regarding the Muni-
cipal legislative Commission, and Brooklyn Park Mayor Jim Krautkramer repre-
senting the Northern Mayors' Association. The Task Force observation is that
the AMM has been able to form effective and cooperative relationships with these
specialized groups, and that they should not be seen as a threat to the AMM.
As indicated in the introduction, an additional splinter group which existed in
1984, the Municipal Caucus, has since gone out of existence.
RECOMMENDATIONS
1. We recommend that the AMM strive to be the organization seen as the legiti-
mate voice to speak on behalf of all cities in the seven-county metropoli-
tan area, while recognizing the legitimate need of some breakoff groups for
special purposes.
2. The AMM should not perceive existing specialized groups as a threat, but
attempt to maintain a cooperative and mutually supportive relationship.
3. We recommend that the AMM maintain its openness to all cities in the seven-
county metropolitan area, resisting any impetus to limit membership to a
more limited group (i.e. suburban caucus).
9-
RELATIONSHIP TO THE METROPOLITAN COUNCIL AND OPERATING AGENCIES
As indicated in the Introduction, monitoring and oversight of the MetropolitanCouncilandregionaloperatingagencieswastheoriginalfocusofthe
Association of Metropolitan Municipalities. Yet in recent years, involvementwiththeCouncilandagencieshassufferedappreciablyastheAMMstaffhashadtospendmoreandmoretimesupportingtheworkofitsowncommitteesandlobbyingonstatewideissues. In fact, the staff indicated that it now has
almost no time for any involvement with the Metropolitan Council during thelegislativesession.
The AMM currently nominates to the Metropolitan Council eight names for appoint-ment to the Transportation Advisory Board. The Association actually appointstentotheTransportationAdvisoryCommittee. That system seems to be workingwell. In contrast, the AMM, along with several other metropolitan area asso-
ciations, was recently given legislative responsibility for suggesting appoin-tees to the Regional Transit Board. That process did not go well. The Board ofDirectorsdidnotlimitthenumberofpeoplerecommendedforappointmenttothevacantseats, and the Metropolitan Council heeded very few of its recommen-
dations in making their selections.
During its background work, the Task Force discussed the Metropolitan Council at
some length with several legislators, as well as the current Chair of the
Metropolitan Council and a former executive director of the Citizens League.There was a general feeling among the legislators that the Council has not been
effective in performing its functions well. At the same time, it was suggestedthattheCouncilmembersarefrustratedduetotheirlackofa "real clout" and
constant legislative undercutting of their authority to accomplish the work for
which they are responsible.
With no consensus in the legislature or in the metropolitan area as to the
appropriate amount of authority that should be vested in the Council, many
metropolitan regional issues get resolved vis-a-vis the political process of the
legislature. The shortcoming of this approach is that the metropolitan area is
giving up some of the authority to set its own agenda. There is also some con-
fusion and ambiguity over the relationship of the Council to the Governor, who
is responsible by law for appointing its members. It was suggested that the AMM
could very definitely be Qf help in defining the proper role for the Council and
the operating agencies, and in mustering legislative support to enact needed
changes.
RECOMMENDATIONS
1. The AMM should become more proactive in helping set the metropolitan agenda.
Historically we have placed ourselves in somewhat of a watchdog or adver-
sarial role with the Council and operating agencies, merely reacting to the
proposals put forward. We should become more positive in identifying areas
of legitimate regional involvement, and help to set the goals and objec-
tives to be pursued by regional government, as well as the parameters
within which that work will be carried out.
2. We need to "be there". It is estimated that an AMM staff member should be
at the Metropolitan Council and agencies from eight to sixteen hours per
10 -
week, interacting with the Councilmembers and the staff, and keeping
affected cities informed and up-to-date as to what is happening in
regional government. Other responsibilities have kept the staff from
full commitment to this vital role, and this shortcoming should be
corrected expeditiously.
3. The appointment of members to the Transportation Advisory Board and
Technical Advisory Committee seems to be functioning well, and should
continue as present.
4. The AMM should continue to support its legislative responsibility to nomi-
nate persons for appointment to the Regional Transit Board. The AMM Board
of Directors should do a better job of screening the applications which are
received, so as to indicate to the Metropolitan Council those people that
it truly wants appointed to the RTB.
5. The Task Force recommends that the AMM pursue the possibility of the
creation of a metropolitan appointments review committee for the merit
review of persons being considered for appointment to the iMetropolitan
Council and other regional agencies. The selection board would include
representatives appointed by the Association of Metropolitan
Municipalities, the Metropolitan Intercounty Association, the Citizens
league, the League of Women Yoters, etc.
6. Finally, the Task Force recommends that the AMM be the impetus for creation
of a blue ribbon committee to study and better define the mission, role and
purposes of the Council and regional agencies. While AMM would be the
host, it would be important to involve other government associations and
good government" groups. Also, the the task should be approached in a
spirit of cooperation with the Metropolitan Council members. The study of
the blue ribbon committee should include alternatives for the selection and
appointment of Metropolitan Council members.
11 -
PUBLIC RELATIONS
If, as suggested in the revised Purposes statement, the AMM is to be the
exclusive representative of the collective interests of the metropolitan cities,
then it is important that the Association increase its visibility in the eyes of
the legislature and the general public. The Task Force reviewed and endorsed
the work of the AMM's Legislative Coordinating Committee Public Relations
Subcommittee to establish a public relations system to inform the public,
including media, legislators, and AMM legislative contacts about metropolitan
city issues.
RECOMMENDATIONS
1. Media contacts should be identified in each AMM-member city vis-a-vis a
legislative contact response form. Legislative contacts in each city
should be responsible for interaction with local newspapers, radio, city
newsletters, cable television, etc.
2. The AMM staff should identify and establish relationships with contacts
within the major metropolitan aria media, both print and electronic.
3. A delegation of the AMM staff and Legislative Coordinating Committee should
meet with major newspaper staffs early in legislative sessions to discuss
AMM priorities and positions. Media contacts, both local and metropolitan
wide, should be invited and encouraged to attend our legislative breakfasts.
4. During legislative sessions, we should issue specific press releases on AMM
priori-ties, and response to important issues (i. e. tax policy) as changes
are proposed.
5. At the conclusion of each legislative session, we should issue press
releases on the AMM's legislative agenda, and how well we believe the
legislature met the needs of metropolitan area municipalities.
6. We recommend that AMM develop a "report card" of priority issues with
ratings for each legislator. These should be distributed to member cities
with suggestions for potential local use.
7. We need to identify potential allies on important issues, i.e. Chambers of
Commerce, League of Women Voters, etc.
12 -
COMMUNICATIONS WITH MEMBER CITY OFFICIALS
The Task Force feels that the AMM needs to develop a metropolitan "conscious-
ness" among member city officials, so that they will buy into and promote tt~e
AMM's agenda. Unfortunately, Councilmember time is scarce, making it difficult
to insure that each and every member city official is well-informed and aware
of AMM activities, policies and priorities.
The first recommendation of the 1984 Task Force report was that the AMM should
expand its effort to communicate directly with all elected officials in member
cities, as opposed to only mayors and city managers. Since that time, the AMM
has had differing distribution lists for different types of communications.
Apparently, this is causing a great deal of confusion, and may actually be
causing a decrease in consistent communications.
RECOMMENDATIONS
1. The AMM should strive to publish a short executive summary of legislative
positions that could be quickly read by member city officials who don't
want the "full shot".
2. An AMM contact person, preferably the City Manager/Administrator, should be
developed in each city. All communications should be sent to that one con-
tact person, plus the Mayor, with the contact person taking responsibility
for seeing that the material is duplicated and sent to all members of the
governing body. The AMM contact person will also be responsible for
reporting on AMM activities at the Council meeting. AMM should work
with the Metropolitan Area Managers Association (MAMA) to enlist the
support of Managers/Administrators for reproduction and distribution of
these communications.
3. Member cities should be encouraged to place discussion of AMM policies and
issues on regular City Council agendas to ensure that all elected officials
are kept aware of AMM activities, as well as to increase the Association's
visibility with local media.
4. Each member of the AMM Board of Directors should commit to make a brief
presentation at four or five surrounding City Council meetings once each
year on AMM policies and activities.
13 -
WORKLOAD AND STAFFING
When originally formed, the AMM had four full-time staff members. Shortly
thereafter, in response to a financial shortfall, the staff was cut to three and
has remained at that number since.
During that time, the number of legislative policies has increased from 35 to
over 100, and the number of legislative study committees from two to five. The
Association has taken on other responsibilities including the license and permit
survey, and coordination and administration of the Metropolitan Salary Survey.
With more time being spent on lobbying of statewide issues and support for
committees, there has been a decided time shift away from interaction with the
Metropolitan Council and operating agencies. Yet the AMM is the only organiza-
tion providing any real oversight of these agencies. For example, we are
usually the only commentor on the Metropolitan Council's annual work program and
budget.
The AMM Membership has come to expect more involvement by the Association, not
only in metropolitan issues, but in tax policy, pay equity, tax increment
financing, and other areas of statewide concern and involvement. The 1984
Mission and Membership Services Task Force report recommended very strongly that
the Board of Directors seek ways to add a staff member. Yet this is the only
one of the 1984 recommendations that has yet to be implemented. To quote that
report, "the present staff simply cannot adequately cover all the critical
issues, agencies, committees and the legislature." The present Task Force
report, if ultimately adopted and implemented by the Board and membership, will
only serve to increase the workload significantly.
RECOMMENDATrONS
1. The Task Force strongly recommends that the Board of Directors add a staff
person. We further recommend that this person have responsibilities in:
a. communicating with member cities and maintaining the legislative
contact system
b. public relations, including media contacts
c. staffing some of the standing and ad hoc legislative committees
d. some monitoring of Metropolitan Council and agency activities,
particularly during the legislative session.
2. With regard to lobbying at the Capitol, the Task Force observes that this
effort will fluctuate from time to time. Therefore, it is recommended that
increased efforts in this area be handled through use of contract
lobbyists.
C
14 -
DUE S
The membership dues for the Association are currently set at 46 percent of a
member's dues for the League of Minnesota Cities. Since the League dues are set
in part on a per capita basis, this works out to AMM dues ranging from a high of
30 cents per capita for Woodland to a low of 4 cents for Minneapolis. The dues
for an average sized city of 30,000 population are E5,100, or about 17 cents per
capita.
Compared to other city lobbying organizations, the AMM is a bargain! For
example, the Coalition of Greater Minnesota Cities charges its members 40 cents
per capita, plus from time to time, an additional 20 cents per capita for
special projects". Dues for the Municipal Legislative Commission are approxi-
mately 35 cents per capita, to a maximum of E12,500.
If the AMM Board of Directors and membership are to implement our recommendation
to add a staff person, a dues increase beyond the rate of inflation is inevi-
table. In addition, the cost of developing the computerized property tax model,
if determined necessary, will be a considerable initial expense, and require
ongoing personnel and data gathering costs.
RECOMMENDATION
1. In order to implement the other recommendations in this report, the AMM
Board of Directors and membership should be prepared to adopt a dues
increase in the range of 20 to 25 percent above the rate of inflation. The
Board may wish to look at ways of phasing the dues increase over a two to
three year period.
2. The Board and membership should also be prepared to provide financial sup-
port for development and maintenance of a property tax modeling system, if
the LMC system fails to materialize or is determined inadequate to meet the
lobbying needs of the AMM.
15 -
SUMMARY AND CONCLUSIONS
The Association of Metropolitan Municipalities is now in its 16th year. During
its relatively short existence, the Association has experienced many diffi--
culties and challenges. Examples include the 1976 Metropolitan Land Planning
Act and the more recent debates over local government aid.
Despite predictions for the demise for general purpose organizations like
the Association, the AMM is now at an all-time high of 68 member cities, repre-
senting over 90 percent of the population in the seven-county metropolitan area.
The cities of the region apparently believe that they are getting a good value
for their membership dollars.
However, despite the successes of the past, the twelve members of this years
Mission and Membership Services Task Force have concluded that this is no time
to rest on our laurels. We face challenges from other city lobbying groups
whose interests are contrary to those of the metropolitan area, as well as a
generally hostile attitude by the State legislature toward cities. At the same
time, the complexity of governing the metropolitan area is increasing geometri-
cally, meaning that it is more important than ever to work together if we are to
effectively serve the citizens of our respective communities.
The Task Force concludes that in order to remain viable and relevant, the AMM
must become more proactive, more collaborative, more focused and more assertive.
The AMM provides the only meaningful vehicle for the cities of the metropoli-
tan area to express in a united voice"the important perspective of local govern-
ment. The issues at stake are simply too important to abandon the playing field
and leave all the important decisions to others.
The Association was originally formed out of several metropolitan area splinter
groups who had originally felt that they had little in common, but came to
realize that the things they did have in common were far more than those that
divided them. The challenges of today are certainly no less than those that
faced our cities in the past. Our test will be whether we can continue to be an
effective voice for the collective interests of the cities in this metropolitan
area, and to pass that test will require two things:
1. A renewed ability and commitment to come together through our com-
mittees and 19-member Board of Directors to reach a consensus on --
the critical issues that face us. "
2. The ability to effectively, and with a united front, promote the
policies we do adopt to the Governor, the legislature, the
Metropolitan Council and the regional operating agencies.
The Mission and Membership Services Committee feels that the recommendations
set forth in this report will set us well on a course to accomplishing just
that. We commend it for your consideration and thoughtful action.
16 -
APPENDIX A
PURPOSES
The purpose of the Association of Metropolitan Municipalities shall
be to:
1. Serve as the exclusive and primary representative of the
collective interests of all metropolitan cities on metropolitan
wide issues and state wide issues with unique metropolitan
significance.
2. Promote collaborative problem solving efforts between and among
cities, the State, the Legislature, private interests and other
public interests.
3. Effectively express in a unified voice, policies concerning the
structure, powers and other matters relating to municipal
government for the municipalities fn the metropolitan-area to --
the Legislature, Metropolitan Council and agencies, IMC, media and
cities .
4. 6ezve as a forum through which all municipalities or groups of
municipalities may develop and propose policies and positions on
matters on concern to the metropolitan municipalities and develop
strategies for advocating those policies and positions.
5. Serve as a forum for the interchange of ideas and information
among municipalities in the metropolitan area and to foster
intermunicipal coopezation.
6. Assist member cities resolve disputes with other cities and
agencies.
7. Develop and provide, either alone or in concert with League of
Minnesota Cities or other organizations or agencies, programs of
technical assistance to member municipalities. -
8. Establish specific prioritized agenda, including Legislative
proposals to address member community needs.
9. Foster, generate and promote information and data concerning the
problems and issues and proposed solutions affecting municipal
government fn the metropolitan area to the State Legislature, in
particular, and to the public at large.
lo. Enhance the effectivensss of municipal government fn the
metropolitan area by holding conferences and by fostering
pertinent research projects.
11. Coordinate the efforts of AMM members to promote their interests
within the League of Minnesota Cities.
12. Enhance the quality of life fn the metropolitan area and its
cities by promoting efficient and progressive service delivery
systems for our residents.
dPDFNnTY R
List of resource persons who consulted with the Task Force:
Vern Peterson, Executive Director, Association of Metropolitan
Municipalities
Roger Peterson, Director of Legislative Affairs, Association of
Metropolitan Municipalities
Donald Slater, Executive Director, League of Minnesota Cities
Jim Miller, Minnetonka City Manager and Representative of Municipal
Legislative Commission
Jim Krautkramer, Brooklyn Park Mayor, President of Northern Mayors'
Association ~-
Millie McCloud, President, league of Minnesota Cities
State Representative Phil Carruthers (DFL-416), Chair of Metro Affairs
Subcommittee of House Local Government and Metropolitan Affairs Committee
State Representative Alice Johnson (DFL-51A), Vice Chair of House Local
Government and Metropolitan Affairs Committee
Al Loehr, Legislative Administrative Assistant to Senator Bob Schmitz --
DFL-36), Chair of Senate Local and Urban Affairs Committee
Steve Keefe, Chair, Metropolitan Council of the Twin Cities
Ted Kolderie, Former Executive Director, Citizens League of the Twin
Cities
Caasent.
Agenda Item: F-4
Policy % CITY OF FALCON SEIGflTS ?Beefing Date: 6/27/90
YEQUEST FOR COUNCIL CONSIDERATION
SUBURBAN
RATE
AUTHORITY
MEMBERS
BLOOMINGTON
BROOKLYN PARK
BURNSVILLF
CHAMPLIN
CIRCLE PINES
COIUMEIA HEIGHTS
DEEPHAVEN
EDEN PRAIRIE
EDINA
FRIDLEY
GREENWOOD
HASTINGS
HOPKINS
LAUDERDALE
MAPLE PLAIN
MAPLEWOpp
MINNETONKA
MINNETRISTA
r NEW BRIGHTON
NORTH ST. PAUL
ORONO
OSSEO
PLYMOUTH
RICHFIELD
ROBBINSDALE
ROSEVILLE
SAVAGE
ST. lOUlS PARK
SHAKOPEE
v SHOREVIEW
SPRING PARK
WAYZATA
WEST ST. PAUL
WOODLAND
May 22, 1990
Ms. Janet Weisner
City Administrator
City of Falcon Heights
Falcon Heights City Hall
2077 W. Larpenteur Avenue
Falcon Heights, MN 55113
Dear Ms. Weisner:
f ~l
1 am writing to you on behalf of the Suburban Rate Authority (SRA), a jointpowersorganizationconsistingof34metropolitanareasuburbanmunicipalities.On behalf of the SRA Board of Directors I want to invite the City of FalconHeightstojointheSRA. Falcon Heights's participation is vitally important tothecontinuedrepresentationofsuburbanratepayersinutilitymattersthatsignificantlyaffectresidents, businesses and municipal services.
The SRA monitors on behalf of its members, .rate matters involving NorthernStatesPower, Minnegaseo, Northwestern Bell and the Metropolitan WasteControlCommission. The SRA has actively intervened in rate cases before theMinnesotaPublicUtilitiesCommissionandonnumerousoccasionshasrealizedsubstantialsavingsforitsmemberresidentsandthoseofallsuburbancommunities. For example, the tiered Northwestern Bell metropolitan telephonerateratioshavebeencutinhalfoverthelasttenyearstothebenefitofoutersuburbanresidentsandbusinesses. The SRA was the sole voice in favor of suchratiomodificationuntilrecentlywhentheAttorneyGeneralbegansupportingtheSRAposition. SRA intervention in NSP rate eases through the 80s has alsoresultedinsignificantdollarsavingstosuburbanratepayersandmunicipalities.The SRA has successfully and repeatedly prevented the municipal pumping ratesfrombeingraisedsubstantiallybyNSP.
The present issues in which the SRA is involved include an NSP petition toincreaserevenuesby $120,000,000, a Northwestern Bell petition for approval ofafouryearincentiveregulationplan, and Environmental Protection AgencyproposedrequirementsoftheMWCCforstringentwaterandsewerdischargestandards. Each of these issues involves millions of dollars to the suburbanratepayers. Without SRA intervention in these cases, suburban city residentsaffectedbypotentialratechangeshavenovoice.
The SRA benefits all metropolitan area suburban municipalities whether thosemunicipalitiesareSRAmembersornot. The risk to the City of FalconHeightsinnonmembership, however, is that the SRA may be unable to continueitsactiveinterventioninratematters.the voice of suburban cities in important uti~eassues.e membership, the greater
become more and more important during the 90's. The SRA must maintain itsvoice.
470 PILLSBURY CENTER MINNEAPOLIS, MINNESOTA 55402 (612) 337-9300
Page Two
May 22, 1990
In terms of return on membership dollar, I don't think that any other organizationwhichametrnareacitycouldjoincanmatchmembershipintheSRA. A conservative
calculation of dollar savings tv SRA members from 1975 to the present is ;175,000 pervoteontheSRABoard. Each member city is allowed one vote per 5,000 population.The assessment per member will be X375 per vote (5,OOD in population) in 1991.
I strongly urge your city to consider 3RA membership. The SRA Board meets
quarterly at the Ambassador Motor Hotel in St. Louis Park. Our next meeting is July
Z... We welcome your attendance. If you have any questions, please call me at 935-
1951 or legal counsel Dave Kennedy at 337-9232. Also enclosed are the minutes from
the most recent SRA meeting and a form Joint Powers Agreement and Resolution to
become s member.
Sincerely,
t/~- __
Robert DeGhetto
City of Minnetonka
Chairman
SRA Board of Directors
ec: SRA Executive Committee
D. J. Kennedy, Holmes do Graven, Chartered
James Strommen, Holmes do Graven, Chartered
JOIN? AND COOPERATIVE AGI~!l~NT -
I. PARTIES -
s~ ~attia to this agreement ase governmental units o!
the State of Minnesota. This agreement is made pursuant to
Minnesota Statutes, Section 471.59, as amended.
II. GENERAL PURPOSE
The general purpose of this agreement is to establish an
organization to monitor the operation and activates of public
utilities in the metropolitan area; to conduct research and
investigation~of the activities of such utilities; and to conduct
sucb other activities authorized herein as may be necessary to
insure equitable and ,reasonable public utility rates and service
levels for. the citizens of the members of the organization. .
III. NAME
The name of the organization is the SUBURBAN RATE AUTHORITY.
The name may be changed in accordance with Article XII.
Section
defined in tl
Section
organization
Section
of Directors
Section
governmental
IV. DEFINITIONS ~ -
1. For purposes of this agreement, the terms
his article have the meaning given them.
2. 'Authority' means the joint and cooperative
created by this agreement.
3. 'Board" or "Board of Directors" means the Hoard
of the Authority established by Article VI.
4. "Council" means the governing body of a
unit.
L
1. .
Section 5. "Governmental Vnit" means a city or town in-
the wetropolitan area.
Seelfoa 6. "Metropolitan Area" means thQ metropolitan
area del3ned and described by Minnesota Statutes, Chapter
4738.02, as amended.
Section 7. "Membes ~' means a goverw!tental unit which has
entered into and become a party to this agreement.
Section 8. "Public Utility" or"~Itility" means an investor
owned utility supplying gas or electricity under franchise
within one or more governmental units the term may include
other utilities as provided in Article XIZ. The term does not
include municipally owned utilities.
Section 9. "Statutory Cities" means cities organized under
Minnesota Statute, Chapter 412.
V. MEI~L9ERSHIP
Section 1. Any governmental unit in the metropolitan area
is eligible to be a .member of the Authority.
Section 2. A governmental unit desiring to become a member
shall execute a copy of this agreement and conform to the meiaber-
ship provisions of Article VII.
Section 3. The initial raenbers shall be those members who
become members. on or before January 1, 1975.
Section 4. Governmental units wishing to become members
after January 1, 1975, may be admitted only upon the favorable
vote of two-thirds of the votes of the members of the Board of
Directors. The Board may, in its by.-laws, impose conditions
upon the admission of additional members.
2-
Section S. 1~ change in the governmentai boundaries, strya_
tore, classification or organfaation of a governmental unit
of facts ~Ite .eligibility o! a unit to become a melaber of the
Autbosf tom:
VI . • GOVERi+IIIh's BODY t BOARD Ole DIRECTORS
Section 1. The governing body of the Authority is its
Board of Directors. Each member is entitled to one director on
the Hoard. EacSt director is entitled to one vote for each S, 000
of population or fraction thereof of the governmental unit
represented by the director; provided, however, that each
director shall have at least one vote cad no director shall have
more than 20 votes. For purposes of this section,•populatioA of a
governmental unit shall be that population determined pursuant.
to the provisions of Minnesota Statute 275.53. Prior Eo Decembgr
31 of each year, the Secretary-Treasurer of the Authority shall
determine the population of each member in accordance with
this section and certify the results to the chairman.
Section 2. A director shall be appointed by resolution of
the council of the members for a term. of one calendar year. A
director shall serve until his successor is appointed and
qualifies. Directors shall serve without compensation from the
Authority, but nothing in this section shall be construed to
prevent a goverrusental unit froaa compensating its director for
service on the Board if such compensation is otherwise authorized
by law.
Section 3. The soard, in its by-laws, may• provide for the
appointment of alternate directors and rescribe the extenPt of
their powers and duties.
3-
which shall be held no later than 1S days alter such call.
Section ~. The lust meeting of t~ Board shall be the
osganisst3paa2 saetinq o! the Authority. At the organisational
as3stiag, sai at each annual meeting thereaftss, the Board shall
select Eras among the directors a chairman, a vice-chairmen,
and asecretary-treasurer.
Section 5. At the organizational meeting, or as aoo~n there-
after as it may reasonably be done, tha Board shall adopt by-laws
governing its procedures, including the time, place, notice for_
and frequency of its regular meetings, procedure for calling
special meetings, and such other matters as are required by
this agreement. -The Hoard may amend the by-laws from tine to
A
tine: The Board shall meet at least once each year and on such
other dates as may be provided in its by-laws.
VIII. POWERS AND DUTIES OF THE BOARD 'OF DIRECTORS
Section 1. The powers and duties of the Board of Directors
of the Authority are set forth in this article.
Section 2. The Hoard may make such contracts and antes
into such agreements as it deans necessary to make effective.
any power granted to the Authority by this agreement. It slay
contract with any of its members or others to provide space,
services or materials on behalf of the Authority.
Section 3. It may provide for the prosecution, defense,
or other participation in actions or proceedings at law in which.
it may have an interest, and may employ counsel for that purpose.
It may employ such other persons as it depsas necessary to accomplish
its powers and duties.Such employees may be on a full-tame or
5-
part-fiat, or e:onsultinq basis as the soasd det~z~aiines, and the
Board aiay sake any required employer contribntiais which local
govesnaMMitt mots are authorf zed or required to make by law.
tfon 4. It may conduct such r~searcb and investigation
and take such action as it deems necessary, including partici-
potion and appearance i., proceedings of state and federal
regulatory, legislative or administrative bodies, on any matter
related to or affecting utility costs, levels of service,. rates
or franchises, and advise members concerning such matters with
a view toward obtaining compliance with franchises gsanted to
utilities and insuring reasonable rates and servioe levels
for the members and their residents. The Board may conduct the
activities .authorized by this section on behalf of any govern-
mental unit located outside the metropolitan area at the request ,
of such a unit, embodied in a resoluti on of its governing body;
provided however, that the conduct of such .activities on behalf
of any such governmental unit shall be specifically authorized
by the Board and shall be subject to such reasonable conditions
as to cost of service and other matters as may be imposed by-.the.
Board.
Section 5. The Board may obtain from any utility and from
any other source such information relating to utility rates, costs
and service levels as any of its members is entitled to obtain
from such utilities.
Section 6. It may receive and hold moneys fro® any utility
to the extent and in the manner as may be provided by this
6-
agseesieat os aAy franchise granted to a utility by a mss= and
it may accept voluntasy contributions lroa its iaembers or other
sources as gro~rided in Article X. 's'he Authority shall have no
taxing poli~r. It may accusulate reaerw funds and may invest and
re-inwst its funds not needed for cwcrent expenses in the manner
and subject to the limitations applicable by law to statutory
cities. The Hoard may not incur obligations in excess of funds
then available to Authority.
Section 7. The Board shall make a financial accounting
and report to the members at least once each year. The books
and records of the Authority shall be open and available for
inspection by members at all reasonable times.
Section 8. The Board may accept gifts, apply for and use
grants of money. or other property from members or other gavern-
mental units or organizations, and may enter into agreements
required in connection therewith, and may hold, use, and dispose
of such moneys or property in accordance with the terms of the
grant, gift or agreement relating thereto.
Section 9. The Board shall establish the annual budget for'
the Authority as provided is Article X.
Section 10. The Board may, in its by-laws, establish an
executive committee and may delegate duties and authority to such
a committee between Board meetings.
Section 11. The Board may purchase public liability insurance
and such other security bonds and insurance as it may deea
necessary.
7-
1
Section 12. The eoasd way exercise any other paver neC~ssasy
and ~nveaieot to the implementation of the powers and duties
iven tail! this agreement.4 ~
v-_
IX. Oh?ICERS
Section 1. The officers of the Board shall consist of a
chairman, a vice-chairm..a, and a secretary-treasurer who shall be
elected by the Board, for a term of one year and until Chair ,
successors ass elected and qualify, at the anneal meeting. New
officers shall take office at the adjournment of the annual meet-
inq at which they were elected. An officer must be a duly
qualified and appointed director.
Section 2. A vacancy fn the office of chairman, vica-
chairman, or secretary-treasurer shall occur for any of the
reasons for which a vacancy in the office of director shall
occur. Vacancies in these offices shall be filled by the Board
for the unexpired portion of the term.
Section 3. The chairman shall preside at all meetings of
the Board. The vice-chairman shall act as chairman in the absence,
disqualification or disability of the chairmaa.
Section 4. The secretary-treasurer is responsible for keep-
ing a record of all the proceedings of the Board, for custody of
all funds, for keeping of all financial records of the Authority
and for such other duties as may be assigned to him by the Board.
Persons may be employed to perfona such services under his super-
vision and direction as may be authorized by the Board. The
secretary-treasurer shall post a fidelity bond or other insurance
8-
against loss o! Authority lands in the account specified by the
eo~cd. The cost o! such bond or insurance shall be paid by the
he Hoard nay provide for caopensation of the secretary-
tseat !os his services.
X. FIldANCIAL MATTERS
Section 1. The fiscal year of the Authority is the calendar
year.
Section 2. Authority funds may be expended in accordance
with the procedures established by law for statutory cities.
Orders, checks and drafts shall be signed by the chaisman and
countersigned by the secretary-treasurer or such other person as
may be designated by the Board in its by-laws. Othes legal
instruments shall•be executed on behalf of the Authority by
the chairman and the secretary-treasurer. Contracts shall be.
let and purchases made in accordance with the procedures
established by law for statutory cities.
Section 3. The activities of the Authority shall be
financed by funds available to it voder Article XII, tro~a
voluntary .contributions from its meebers or from other sources,
and by contributions from members o! the Authority if it is
determined by the Board by a two-thirds wte of all votes of
then existing members, that such contributions are necessary.
Such determination shall be made by the Board not later than
August 1 of each year. in order to obligate members to make
contributions during the ensuing calendar year. The total annual
contribution by members for the ensuing year shall be established
9-
by-the Board on the basis to anticipated expenditnr~s and only
i! the aatiQipatsd expenditures are in excess of the anticipated
Enna: otfsa to the Authority. The contribution in any year
a ~iiij6bs shall be in direct proportion to the number of votesby
to which the director representing the masher on thi Board is
entitled. Such contrib~.tions shall be made by the awaber to
the Authority as follows: One-half on or before February 1 of
each year sad one-half on or before August 1 of each year.
Section 4. An annual budget shall be adopted by tha Board
at the organizational meeting and at the annual meeting each
year. Copies'of the budget shall be mailed promptly to the
chief administrative office of each zrember. The budget is deemed
approved by the members except one who, at any time prior to
the annual meeting gives notice in writing to the secretary-
treasurer that it is withdrawing from the Authority.
XI. DURATION AND DIS$OLtITIOt:
Section 1. The Authority shall exist, and this agreement
is in effect, for an indefinite term until dissolved in
accordance with Section 3 of this article.
Section 2. A member may withdraw from the Authority by
filing a written notice with the secretary-treasurer by June 15
of any year giving notice of withdrawal at the end of that
calendar year; and membership shall continue until the effective
date of the withdrawal. A notice of withdrawal may be rescinded
at any time by a member. If a member withdraws before dissolu-
tion of the Authority,. the member shall have no claim on the
assets of the Authority.
10-:
Section- 3. The Authority shall be dissolved whenerrz
withdraw:l of a member reduces total membership in the Authority
to leas ~l1an`the number of memberi required for organisation of
the Agt~city under Article VI2, Section Z. The Authority may.
be dissolved at any time by unanimous vote of all the meabera
of the Board of Directors.
section 4. In the event of dissolution, the Board shall
determine the measures necessary to affect the dissolution and
shall provide for the taking of such measures as pronq~tly as
circumstances permit,. subject to the provisions of this
U
agreement. Upon dissolution of the ruthority all remaiainq
assets of the Authority, after payment of obligations, shall{be
distributed among the then existing members in proportion to-
the number of their votes on the Board and in accordance with .
procedures established by the Board. The Authority shall
continue to exist after dissolution for such period, no longer
than six months, as is necessary to wind up its affairs but for
no other purpose.
XII. TRANSITIONAL FIND MISCELLANEOUS MATTERS
Section 1. The activities of the Authority shall be con-
fined togas and electric utilities, provided however, that the
Authority may extend and broaden its activities to any other
public utility as defined in this agreerent by a 75$ majority
vote of all the votes of the Board of Directors, taken at a
regular meeting of the Board. In the event the activities of
the Authority are so extended and broadened, the Authority and
11-
its Hoard o! Oiractoss shall haw all o! the pavers and duties
with rel~s~naa to any othes public utility that it has with
rel~~s qaa and electric utilities under this agreement.
8eat~or~2. she naAe o! the organisatioa created by this
agreement may bs changed when deemed appropriate by the Boasd,
but only upon a 75i majority vote o! all the votes of the Board
o! Directors taken at a regular meeting o! the Board. If the
name of the organization fs so changed, the Board shall provide
in its by-laws for necessary measures to effect the change in
official and unofficial documents, papers, and other essential
respects.
Section 3. It is the intention of the parties to this
agreement that the organization created thereby is the
successor to the Suburban Rate Authority now in existence.
It is further the intention of the parties that any funds made
available to the organization created by the agreement from
assets of the present Suburban Rate Authority shall be used
exclusively for the purposes of this agreement. _
IN WITNESS WHEREOF, the undersigned governmental nnit
has caused this agreeaent to be executed by its duly authorized
officers and delivered on its behalf.
12-
i-
in th. pse.eaa. ot:
Dateds
Governsental Onit)
M2MNESOTA
By its
Mayor
ey its
Manager
1990.
Piled in the office of , this
day of .
r
0
MIN(JTES OF
THE QUARTERLY MEETING OF
THE SQBURBAN RATE AOTHORITY
April 18,-1990
Pursuant to due call and notice thereof, the quarterly
meeting of the Suburban Rate Authority was held at the Ambassador
Motor Hotel in the City of St. Louis Park, Minnesota, on
Wednesday, April 18, 1990, commencing at 6:30 p.m.
1. CALL TO ORDER: The .meeting was called to order by the
Chairman, Robert DeGhetto.
2. ROLL CALL:
Bloomington
Brooklyn Park
Circle Pines
Columbia Heights
Deephaven
Edina
Fridley
Maplewood
Minnetonka
New Brighton
Robbinsdale
Roseville
St. Louis Park
Shakopee
West St. Paul
John G. Pidgeon
Graydon R. Boeck
James Keinath
Edward M. Carlson
William D. Schoell
John Wallin
Mark Wenson
Dan Faust
Robert DeGhetto
David Childs
Jerome Ruffenach
Steve Gatlin
Don Rambow
Gloria Vierling
William Craig
Also present were Robert Renner of Messerli & Kramer, and Dave
Kennedy, Robert Lindall and James Strommen of Holmes & Graven,
SRA attorneys.
3. APPROVAL OF MINUTES: The minutes of the January 17,
1990 meeting were presented for approval. It was moved by Ms.
Vierling and seconded by Mr. Schoell that the Minutes be
approved. The motion carried unanimously.
4. OFFICERS' REPORTS: Mr. Wallin presented the
Treasurer's report, a copy of which is attached to these minutes.
Mr. Craig moved to accept the Treasurer's report. His motion was
seconded by Mr. Keinath, and it carried unanimously.
5. ANNOUNCEMENTS:
a. New Members: Mr. Strommen announced that the
City of Woodland had indicated its intent to rejoin the SRA. Mr.
Schoell's efforts contributed to the City's decision.
1
b. SRA Oviform Electric Franchise: Mr. Strommen
reported that Mr. Purdue has been made aware that NSP has been
providing model franchise agreements to municipalities that NSP
represents are SRA approved agreements. Upon review, these
agreements have been found to contain provisions not approved by
the SRA. Mr. Keinath and Mr. Pidgeon indicated that their cities
had also received different versions of the franchise. agreement
from NSP. Mr. Purdue had brought this to the attention of NSP
previously. The problem apparently continues to exist. Mr.
Boeck moved that counsel for the SRA write a letter to NSP
general counsel raising this issue and demanding that there be no
further distribution of "SRA approved" agreements unless SRA
counsel has reviewed them. Mr. Carlson seconded the motion and
it carried unanimously.
c. MWCC Advisory Committee: Mr. Wenson reported that
John Flora, director from Fridley, has been appointed to the
newly formed MWCC Advisory Committee. SRA directors were
encouraged to submit applications for those positions chosen by
MWCC precinct. The SRA has several member cities represented on
the Committee.
6. ONFINISHED BIISINESS:
a.C_SO Funding: Mr. Strommen introduced Robert
Renner, attorney and lobbyist for the SRA. Mr. Renner gave a
report on the present status of the CSO legislation. Mr. Renner
reported that the CSO Funding Bill is presently in conference
committee where the primary issue is who will bear the financial
responsibility for a projected $8,000,000 in annual shortfall due
to inflation and federal funding shortfall. The options range
from looking to Minneapolis, St. Paul and South St. Paul users
only, to requiring all state taxpayers to pick up the cost. The
SRA supports regiring the three cities to pay on the grounds that
they are the cost causers. Mr. Renner's estimates show that the
shortfall can be made up with a relatively modest increase of $15
20 per year per customer of the three cities. The prevailing
position in the legislative conference committee is a 50/50
sharing between state taxpayers and users in the three cities.
Absent adoption of the conference committee position the state
taxpayers would bear the full burden.
Mr. Renner pointed out that continued opposition to the
Minneapolis-St. Paul, PCA position on CSO funding may yield
limited returns to the SRA. Minneapolis-St. Paul interests are
heavily represented in the conference committee, and this funding
is part of a large bonding bill allowing the funding to escape
closer scrutiny. Mr. Renner opined that SRA examination of
potential common ground with Minneapolis, St. Paul, the PCA
and/or MWCC on other related issues may net greater gains to SRA
communities next legislative session.
2
A discussion ensued following Mr. Renner's departure
about the possibility of forming a committee of SRA directors to
study the need or benefit to SRA communities of identifying sewer
or water treatment related issues of common interest to SRA
communities, Minneapolis-St. Paul, the PCA and MWCC. Mr. Craig
explained that potential existed for cooperative efforts between
and among those entities. Mr. Craig moved that such a committee
be formed. Ms. Vierling seconded the motion. A friendly
amendment was added to authorize the committee to meet with
representatives of the above entities. Mr. Craig moved for the
amendment. Mr. Schoell seconded and the motion as amended
passed unanimously. Chairman DeGhetto selected Mr. Craig, Mr.
Schoell, Mr. Boeck as committee members. Ms. Vierling and Mr.
Ruffenach also volunteered to serve on the committee. The
committee is charged to give a report on its findings at the July
SRA meeting.
b. Northwestern Bell Opdate: Mr. Strommen reported
that the Commission has tabled its hearing on a Tier System
investigation until the Commission has decided whether to accept
or reject Bell's incentive regulation plan. The Commission must
make a decision on the incentive plan by June 8. This delay was
precipitated by the SRA raised issue of separating the rate
design issues from any approval of an incentive plan. The
Commission has adopted a position consistent with the SRA
argument.
Mr. Strommen further reported on the incentive
regulation plan proceeding. Briefs are due April 23, oral
argument will be held May 14 and a decision made by June 8. Mr.
Strommen indicated that the SRA had made a specific proposal
calling for a ratioed sharing of revenue returns under the Plan,
according to geographic location of the customer. This proposal
equalizes the benefit received by outer tier customers as
compared with Tier I and outstate customers. There is no
indication as yet as to whether the Commission will adopt this
proposal, or some version thereof. The Board also agreed to
adopt a position supporting a cap on Bell return on equity during
the planned period, if the Commission approves the plan. This
motion was brought by Ms. Vierling, seconded by Mr. Pidgeon and
carried unanimously. The Board also authorized SRA counsel to
support a minimum of 50$ sharing, with increasing return to
ratepayers as Bell's return on equity increases. SRA counsel
also has authority to suggest inverted payer-shareholder sharing
as an alternative.
c. NSP General Rate Case: Mr. Purdue had submitted a
memorandum reporting on the present status of NSP's $135,000,000
revenue petition. This constitutes a request of 13.25 return on
common equity. Mr. Purdue indicated that the SRA will take its
traditional position supporting the municipal pumping group,
oppose street lighting rate increases and take affirmative
3
positions on various other issues. The Commission is statutorilyrequiredtodecideonthisratecasebySeptember2, 1990.
d. EPA-MWCC-MPGA Issues: Mr. Lindall reported on
activity in the dispute between the EPA, MPCA and MWCC regardingrestrictionstobeimposedupontheMWCCinitsnewnational
pollutant discharge elimination system permit for the Metro
Wastewater Treatment plant. The EPA has threatened to withdraw
the MPCA's authority to regulate the MWCC. If stringent EPA
standards are imposed the cost to the metropolitan rate payerscouldgreatlyincreaseduetotheprobableneedforover
100,000,000 in new facilities. Mr. Lindall, and other SRA
representatives, attended a March 26, 1990 MWCC breakfast at the
Sheraton-Midway. This breakfast was called by the MWCC expresslyfortheSRA. At the breakfast Mr. Voss expressed his concern
about the cost of implementing present EPA requirements. Mr.
Voss was open to the possibility of greater MWCC-SRA
communication and involvement on this and other issues. Mr.
Schnell moved that the SRA continue monitoring MWCC-EPA issues
and that such monitoring be coordinated with the efforts of the
newly formed CSO Funding Committee. The motion was seconded byMr. Childs and passed unanimously.
e. Membership: There was discussion regarding the
value of the SRA and the need for additional members. Ms.
Vierling moved and Mr. Gatlin seconded a motion authorizing SRA
counsel to prepare a letter and short summary of SRA purpose and
accomplishments. The letter would be signed by Chairman DeGhetto
and sent to nonmember suburban cities.
7. NEW BIISINESS: Mr. Strommen and Mr. Wallin presented a
proposed 1991 budget, attached to these Minutes. The proposedbudgetistobediscussedwiththeSRAmembercities. The Hoard
will take formal action on the proposed budget at the Julymeeting. After review and discussion there were no suggestedmodificationstothebudget.
8. CLAIMS: Mr. Purdue of Messerli & Kramer submitted a
bill for his services to date in the amount of $11,320.29. Mr.
Renner of Messerli & Kramer presented a bill for his services
totalling $6,461.45. Mr. Strommen submitted a bill totalling11,110.65 for services rendered by the Holmes & Graven law firm.
Mr. Faust moved that the claims be paid as presented. Mr. Wenson
seconded that motion and it carried unanimously.
9. ADJOURNMENT: Mr. Boeck moved that the meeting be
adjourned. Mr. Pidgeon seconded the motion which passed
unanimously. The Chair declared the meeting adjourned. Next
regular meeting to be held July 18, 1990.
4
Attest:
Chairman
Secretary
Attachments:
Treasurer's Report
Proposed 1991 Budget
5
RESOLUTION NO.
ElOLUTiON AUTHORIZING PARTICIPATION IN THE
SDBURBAN RATE AUTHORITY; DIRECTING THE
EJEECUTIOII AND DBLIVBRY OP A JOINT POWERS
AGRBSMBNT; AND D88IGNATING A REPRESENTATIVE OP
THB CITY AS 1T3 MEMBER ON THB BOARD OF TH8
SUBURBAN RATE AUTHORITY.
WHERBAS, the City of . is authorized by Minnesota Statutes, Section
471.59 to enter into joint and cooperative agreements with other governmental units,
and
WHEREAS, the City Council has determined that the City cooperate with other
municipalities in the monitoring of utility services in the Metropolitan Area by
participating in the Suburban Rate Authority, and
WHEREAS, the City is presently a member of the Suburban Rate Authority
established by joint agreement in 1962 to administer the regulatory provisions ~ot
uniform franehIses granted to Minneapolis Gas Company, and
WHEREAS, the City Council has determined that it is necessary and desirable
that the Suburban Rate Authority continue in existence, notwithstanding the
assumption of utility regulatory powers by the State, for the purpose of monitoring
utility services and participating to the maximum degree possible in the utility rate-
making procedure, and that the Suburban Rate Authority's scope of activities can be
broadened to include electric utilities and other utilities if necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Minnesota, as follows:
1. The Mayor and (Clerk, Manager) are authorized and directed to execute the
attached Joint and Cooperative Agreement providing for membership of the City in
the Suburban Rate Authority.
1
Z. in accordance with the provisions of the Joint and Cooperative Agreement,
the council hereby designates as Its first director on
the Boaed of Dleeetors of the Suburban Rate Authority.
Passed and adopted this day of April, 1990.
Mayor
Attest:
City Clerk
a
Content Agenda Item: F-5
Policy X CITY OF lALCON HEIGHTS Meetiag Datt: 6/27/90
REQUEST YOR COUNCIL CONSIDERATION
Attachment A
Sathe & Associates, Inc.
EXECUTIVE SEARCH CONSULTANTS
June 12, 1990
Jan Weissner
City of Falcon Heights
2077 Larpenteur Avenue
Falcon Heights, MN 56113
Dear Jan:
We would be grateful if you, like us, could respond to this request by letter
and help Craig Shergold.
Craig is a seven year old boy who has a tumor on his brain and very little time
to live. It is his ambition to have an entry in the GUINNES BOOK OF RECORDS for
the largest number of Get Well Cards ever received by an individual.
Please send a card to:
Craig Shergold
36 Shelby Road
Carshalton
Surrey SN8 1LD
England
Also, please send the enclosed pages on to another ten companies of your choice.
Thank you.
Sincere ,
Mar Sathe
MS/sh
enclosures
SUNSET RIDGE BUSINESS PARK • 5821 CEDAR LAKE ROAD • MINNEAPOLIS, MINNESOTA 55416 • 612/546-2100 • FAX 612/546-6930
WORLD TRADE CENTER • 30 E. 7TH ST • SUITE 2260 • ST. PAUL, MINNESOTA 55101 • 612/224-7000 • FAX 612/223-8079
Attachment B
COMPANIES CHOSEN BY
THE CITY OF FALCON HEIGHTS, MINNESOTA
Choose 10)
1. Hewlett Packard, Inc.
2. Minnesota State Fair
3. University of Minnesota
4. Harvest States Cooperative
5. Ciatti's Restaurant
6. Roseville Area Schools
7. Ramsey County
8. Warners Stellian
9. Cray Research
10. Metropolitan Transit Commission
11. City of Roseville
12. Maier, Stewart and Associates
13. Roseville-Falcon Heights Focus
14. Suburban Area Chamber of Commerce
15. State o£ Minnesota
16. Ehlers and Associates
17. Jensen, Hicken, Gedde & Scott
18. Other ideas?
Attachment C
A RESOLUTION WISHING CRAIG SHERGOLD
SUCCESS IN HIS GUINNESS WORLD RECORD
GET WELL CARD" PROJECT
WHEREAS, seven year old Craig Shergold of 36 Shelby
Road, Carshalton, Surrey SN8 1LD, England, desires to have an
entry in the Guinness Book of Records for the largest number
of get well cards ever received by an individual; and
WHEREAS, the City Council of Falcon Heights, Minnesota
wishes Craig a speedy recovery; and
WHEREAS, the City Council desires to assist Craig
in reaching his goal for entry .into the Guinness Book of Records;
NOW THEREFORE BE IT RESOLVED, that the City of Falcon
Heights participate in the .project and that a request for participation
by others be sent to the organizations on the attached list)
AND BE IT FURTHER RESOLVED that the City Council of
the City of Falcon Heights, Minnesota, extends to Craig Shergold
and his family, our best wishes.
Sathe & Associates, Inc.
EXECUTIVE SEARCH CONSULTANTS
COMPANIES CHOSEN BY SATHE ~ ASSOCIATES, INC.
Redmond Products, Inc.
Horton Manufacturing Company
R ~ G Manufacturing Company
Jackson Memorial Hospital
DBL Labs, Inc.
Flestvood Professional Services
City Of Golden Valley, MN
Popham, Haik
City Of Falcon Heights, MN
City of St. Louis Park, MN
SUNSET RIDGE BUSINESS PARK • 5821 CEDAR LAKE ROAD • MINNEAPOLIS, MINNESOTA 55416 •612/546-2100 • FAX 612/546-6930
WORLD TRADE CENTER • 30 E. 7TH ST • SUITE 2260 • ST. PAUL, MINNESOTA 55101 • 612/224-7000 • FAX 612/223-8079
Great Clips for hair
Great Clips, Inc.
3601 Minnesota Dr.
Minneapolis, MN 55435
612) 893-9088
COMPANIES CHOSEN BY GREAT CLIPS, INC.
Sathe & Associates
Mackay Envelope
Briggs & Morgan
Brehm Financial Services
i•
Warehouse Beauty
Park National Bank
Condura Marketing Corp.
BHK&R
Grant Thornton
Coldwell Banker
NEWMAN ~HERFURTH
COMPANIES CHOSEN BY NEWMAN & HERFURTH, INC.
Great Clips
Burnet Realty
Varitronics
Lindquist & Vennum
Lincoln Properties
Churchill Co.
Zamansky Professional Association
BHK & R
Nicollet Financial Corporation
Hvass, Weisman & King
Newman & Herturth, Inc.
3010 Plaza VII Tower, 45 Suuth ~ th Street., ~linneapoli~..~iN 15402-1601
Tel. 612 349-6900 Fax 612 349-6989
COMPANIES CHOSEN BY THE BREHi~i GROUP, INC.
Newman & Herfurth
Lurie, Eiger & Besikof
Heise Reinen MacRae & Associates
Dahlberg, Inc.
Robins Kaplan Miller & Ciresi
Oppenheimer Law Firm
Doherty Rumble & Butler
Rider Bennett Egan & Arundel
Dorsey Law Firm
Zelle & Larson
The [irehm Grl~up. Inc.
k~.~.uu~c :ut~l I:ntplr~)re licnetit.
Jutt~ ~I- lltc ~iaAcr SStni.lim! '1'n :-«~nhl 1.cmu :iraun \1inn~:rrMdi.. \Iirl!Tt:`.~lt;l "-I t_
rhunr ~uunrer ~,~ . .:,r.-:~.: •~~~;.mtrc nut;:rrr ~. .. .
JAr •CNNCTT
WIILiAM M, •,~UNKICY
np~t/1f ~. ,w •IaTCN3CN
JOHN wA1, ~C• III. /. A.
TwOMA! J. wVNZ11tCN
QA NICL W. ••CAGOTT, A. A•
STCvtN !. NOltn. ~• A•
wlCwAwO ~. 9Awl
AtC wA1~0 •. GIeSON
WILLIAM Q. lCIMAN
DUVKLEY, BE:iNETT & CHBISTE:TSE~1, P. A.
ATTORNEYS AT LAW
SVITE X00
701 ROUp1N AVCNVC SOUTH
MINNCAPO LISr MINNESOTA SS41S
TELEPMONC (612) ]]9-1290
RAX (d12) ]39-95AS
COMPANIES CHOSEN BY
DQNRLEY, BENNETT ~ CgRISTENSEN, P.A.
Coldwell Banker
Freeway Ford
yichaud, Cooley,
Erickson & Associates
Shenehon & Associates, Inc.
Midwest Pension & Profit
Sharing Services, Inc.
Xerxes Computer Corporation
Boise Cascade Corporation
UyUM Life Insurance Company
Independent Technologies, Inc.
Medtronic
Terry Kingston
Richard Lewis
Douglas Cooley
Robert J. Strachota
Sheila Gallagher
Michael Duhaime
Karen Lowland
Betsy Elliman
Daryl Ingalsbe
John Hanley
o• eouNaeL
AVCt M. wANICr
MIDWES?
COMPANIES CHOSEN HY
MIDWEST PENSION & PROF T SHARING.- INC.
Deloitte & Touche
The Brehm Group _._
Gray, Plant, Mooty, Mooty & Bennett, P.A.
Magnetic Data, Inc.
International Dairy Queen
Pentair, Inc.
Massachusetts Mutual Life Insurance Co.
Steger, Hustedt & Solberg
Lindquist & Vennum
DuPont-Fugifilm Electronic Imaging Co.
Dicomed Division
M11'1WCeT PFNSIf1N Pi D4(1FIT CHARING SERVICES. INC.
L
FALCON M~ELLIG0IYI'
COMPANIES CHOSEN BY FALCON MCELLIGOTT
WPWR
Minneapolis Star and Tribune
The Guardian
IMG
Minnesota Timberwolves
Dorsey and Whitney
Mc_?~iichael and Company
Dunkley, Bennett & Christensen
Hendrickson and Assodates
Herman Miller, Inc.
Al Devany
Tom Culligan
Tom Aslesen
Barbara Brookes
Tim Lieweke
Mike Radmer
Patrice Olander-Quamme
jack Harper
Linda Hendrickson
Sharon Johnson
child
COMPANIES CHOSEN HY CHILD MAGAZINE
r:
FAMILY CIRCLE MAGAZIN
McCALL'S MAGAZINE
THE NEW YORK TIMES
DECORATING/REMODELING
TENNIS MAGAZINE
GOLF DIGEST
FAMILY CIRCLE/NOW!
GREY ADVERTISING
STERLING DRUG
DELLA FrMINA, MCNAMEE
E Jackie Leo
Michael Golden
Leslie Mardenborough
MAGAZINE George Fields
Mark Adorney
David Ferm
Marion Aaron
Ann Clurman
Carol Conboy
WCRS, INC. Gladys Oshins
oday's~
kids
Imug~nor~on .n acnon
April 25, 1990
COMPA,~IES CHOSE*1 BY TODAY'S KIDS
Sibley-Peceec Design Don Sibley
The Marketing Company Susan Maddox
H. Muehlscein George Winter
Carolina Color Corporation Dennis Glaser
International Paper Carroll Bowden
Inland Container Corp. Jerry Standridge
Child Magazine Marianne Sommers
Eisenberg,Pannell, St. Geroge Arthur Eisenberg
Carpence~s 6 Assoc. Jean Carpenter
The Media Base Bob Quaglia
w
1' ;Q ~ 1.-•„~,,,,~ ~',nt~l. 17,~11.~: fn.~l: 15~.:.! ?i.; .:1)•i '~.?.3 `,. rflyll.: •rvS_???1
l
Learn~n entreEartgE ~ ~~ y
The IntelligentToy Storew
a0 Pepe's farm Road, Milford, Connecticut 06x60
April 11, 1990
Companies/Organizations Chosen by Early Learning Centre
Tim Danahy E. T. Danahy Co., Inc.
Thomas Bartle Wesley, Brown & Bartle
Thomas J. McCafferty Ernst & Younq
Peter Reynolds Brio Scanditoy Corp.
Robert J. O'Hara Peat Mar•.~ick Main & Co.
Leslie Robertson Connecticut Bank & Trust Co.
Byron David Fisher-Price
Philip B. Smiley, Jr. Playskool
James R. Stephens Today's Kids
Stephen C. Plumeri New England Development
fl ~ ~ I~I u• lrrfr'~l it"`Il( Tr)y SIArr1, lnf, ~ F,I I~Y (. /!llilill~~ (~L rltfr'!• 1f1C, ~ nC~.l ~~'d rr' LUrpgf.l tlD 11
Int~rnallonal 0lvlslon
Noah Amsrlca Asplo~al OUlca
63 Wall Street
21st Floor
New York NY t000S3081
Y°~t Telephone: 12th 269.1700
Telex: WUt 620261 RBSINY
our ref ITT 421107 a8S1NY
Telegrams: RBSCOTNY
ante SWIFT: R8OSUS3J
Facsimile: (212) 269.8929
yte The Royal Bank
79~C of Scotland plc
6 April 1990
Conoanies/or anisations Chosen by The Roval Bank of Scotland olc
North America Regional Office
Norman Gilchrist
Stephen Kelly
J T Moore
Duncan Macaulay
Colin Bate:~an
Geoffrey Hudson
Ian Wall
Tony Hosking
George Finlayson
Barry Mitchinson
Standard Chartered
Banque Paribas
Laing Properties Inc
Investcorp International
Harris Trust & Savings Sank
Ernest Robert Lindley &Sons
The City of Edinburgh
Early Learning Centres
British Consulate - General
Barclays Bank
tallied Yri.sh Ban~:cs plc
April 2, 1.990
Companies/orcLanizations Chosen by Allied Irish Dank, PIc.
New York Branch
Ms. Jack Noonan
tor. James T. Wang
Mr. John M. weir
Mr. Jim Cater
Mr. Richard J. Grillo
Michael Kelly, Esq.
Mr. Paul D. Briamonte
Mr. Christopher P. Gill
Mr. Grant Stoddard
Ted Bodges, Esq.
Bank of Ireland
Banque Paribas
Greycoat Real Estate Corp.
Force Financial Services
Jones Lanq Wooton U.S.A.
Kutak Rock & Campbell
Lloyds Bank, Plc.
Midland Bank Plc. NY Branch
Royal Bank of Scotland
Vinson & Elkins
BA.~t~ aFS~OTLA~D
Co~stiwted DY kt or Ps~Girr~em 1695
INTERNATIONAL DIVISION
P.O. Box No. 10
38 Sc. Andrew Square
EolNsuaG>• EH2 2YR _
Tdevt+orx: 0]1.2 4 3 - 5063
Tek.: 72a07
f,,; 0]1.2a] SOa]
Auto CCITT G~ovp: 2 ~d ]I '
Ow per: ~t'1 FIK/1.w21
Yow pel:
21st March, 1490
COt4PAN1ES CHOSEN 8Y 6.1NK OF SCOT~ANO
Duncan Smith
Jim Grant
Philip Jones
Bill Hendry
Dirk Meulemeester
Russell Cranwell
Andrew Calderwood
Rob White
Alan Gibbons
John Ford
8rooklink plc
Trust Bank of Africa
OnC
Bank of Scotland, Nex York
Bank Mees ~ Hope
CIBC
HerSert Smith b Co.
Elf
Enterprise
NBK
THE INDUSTRIAL BANK OF JAPAN LIMITED
INCORPORATED wlTil LI1-11TED LI~DILITY IN JATAN -
IAJi00N BRANCB
F3UCKLERSQURY HOUSE. WALDROOK. LONDON EC4N 88R
i CabIc:KOCYOCINKO LONDON ECa Te1:01-236 32G6Teicx:995393, 986939
I9 t~.3rch 1990
OCt•TIINIES G,CSi;*I BY INL~`IT2I11L [.L"~: CC J11P~;~ LL•~'I'~
Arthur D Little Ltd
i Bank of Scotland
Banque Bzuzelles Larntx~*•t
C-^edit Suisse
E.a.rotunnel
J henry Schroder Wagq & Co Ltd
Kleinwort BP.~4on Limited
Lasnn International Ltd
Manufacturers Hanover Tzust Co
Union Bank of Switzerland
wr B '~i1L't~
Nr I Ross
M= A Mi~'~ael
Mr P McJcnrell
r P Ratter
Mr J Piersc~
Mr M Barnet
Mr R SarneU.
2•ir F Cooke
Hr T F'.artshorl
i•
Shell International-Petroleum Company Limited
Sell Cem.e lo~Co~ SE1 )NA t..•. ft~tst
t.~.p..e...c •ea.••
Tt1eD~ont
SHn tew.e~ Slt
Cuett Gne O1.9]a
sw~~chooa~e Ot -97t 12]a
Yew ~.1
r
Ow ..~
Oa~•
L
15th March, 1990
J
COMPANIES CHOSEN BY SHFLL INTER*7ATIONAL PETROLEUM COMPANY LIMITED'
i•
Shell U.K.H:.H.L. Raiser
Shell Netherlands Hr.H.P. Bercheux
Shell Rotte:darn Hr.K.K. Troost
Standard Chartered Bank.Hr.P.C. Smith
Indust=ial Bank of Japan Hr.I.Hicchman
AH.RO Bank Hr.R.Harvey
Baring Bcochers b Co. Lcd.Hr.H.Packman
Barclays Bank plc Hr.I.uigscon
The Bank of Tokyo Lcd Hr.T.Hacsumura
Nat Llesc Bank plc Hc.A.P. Duffy
i•
1'HE DAl-1C1-11 KANGYO BANK, LTD.
NGOApOO,~TRO ~N JAO~NI
LONOON 6taANCN
T'Et~ ~-~vE:
o•.~e~ osr.~
rEt.d x
oD~6• ? ~O^~00~
po~~ ~ 1.0~~00~~
O.K.B. House, 2a K~r+p vw~~~am Su'eec
l.oroor+ ECaA 90EI
12 `.arch 1990
THE COMPANIES DAI-ICHI KANGYO BANK, LIt~tITED CHOSE:
G V Pettit Bass PLC
r I Tsuchida C Itoh (UK) PLC
t-;r R P Gent G1axo Holdings PLC
Brian G 3arker Ladbroke Grouo PLC
John Whoraood Legal ~ General Grouo PLC
Vii=John L Sullivan Manufacturers Hanover Limiter
Mr John O'Driscoll Nationwide Anglia Building Socie=:
Mr Rodney G Barber Powergen
M~Jan van den Belt Shell Petroleum Co Ltd
Ms Linda Kemeny Thames Water PLC
S i kT,~ ~e
i•
M /~19T1M
sweat Aea~~~nni.~
s~ ow.~ sK:~
E _• a , E-+
atpl~ont: Ot•2~~ oas7•
The Companies Bikuben chose:
Hr Je:~s Numne ~ Hamburgische Landesbank - Girozentrals
Hr F R Hopson Hessische I,andesbsnk - Cirozentrale
Hr Gojko Kopri~ec Ljubljanska Sankt -
Nr Haq P t:emschak Girozentrale Vienna -
Dr Leonardo Simonelli Etrufin Reserco Ltd
rtr Luis Cas~illa l:othe denAhorroslor. Esptnola de Cajas
t•S_ R C P_te_sen Conmon~ealth Hzn}: of Australia
Hr Hoo-Sons Park The Citizens t~ytiona? Bank
Hr A Rosetti Lonnon Italian Bank Ltd
t•:r Gy1es Coope: First Austrian International Ltd
i•
lraie vnd Bark der os~crre~chiscl+en SGa~~^ AG - _ fiegistcrc0 in lWSUia as a Pvbfic lim:led Comp~np
68. Comhiil
London ECaV 3QE
Telephone (Ot) 929 2345
Telex 88t 1989 GN1A
r: COMpIWIES GIROZEHTRaLE VIE:I2tA C30SE:
Y.. _
Y-_
Kr.
Y.. .
r_ .
r.. .
Hr_
C . Low
Ccard Legrais
L. Karczaq
Pete: Hrtnghrln
Jens Rah3ek
Cha::q Bu Firs
Gunter Steffens
Se?po Siljama
Harc Bernaert
Jahn Rowan
DcutscSc Batk
Iatcr~ational Hcsicaa Hank .
Ew;.gariam Inte:aational Bank
e •Hongkoaq C ShLghai Baakinq Corp.
Jyske Sank
Eanil Sack
Dres'c.aer Ba_Jc
7Cansallis-Osake-Prskki
l:redietbank li.V.
1-nglo-Irish 3aak Cori.
7
csom' Ltra~D c~osE:
cxsT~ cor~~nr~
t•:onto ~ Putnecs - I. C:.~e~sitn.<, Esq•, - .
L~ P!r-t~es-s - G. Wat:cttvn, Eso-,
Ee_t~e Wtt~.~nson
Pic'~t=d E.lis - R. E. w~te:, Esq.,
i Co~ocate Fin2nce - D. S. Chesst~, Esq--
Jtme_s B2r: L `cn - P.. T- C~bcE.ith, Esq., .
YIZ?ke: 'I1'cabec Limited - ~1- J. jYa1-ker, ~q- .
p:ooin Grouo Plc. - Aobin RipQin, Esq-,
t ~ t~oeittes - G. B. coc~oel, Esq-~
Geo ;_ H. ~iocsQco. Sr. rt. Season, E`c,•,
D. 1. B~che1 ~c Pac;ne:s - .
E;?_~ Donl_y ~ Pzrt:~e_s - Ec:rn Don?ey, ~q.+
1 .
s ._.. _ .~- _-.
a...__..-. ..~
3• - .~....
s..
S6 ~~~...
V .... ~--
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Y,eith Martindale
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David Humphrys
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S. G=ant Pansoohic Systems (UK) Ltd
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Consent
Yolicy_x
ITEM DESCRIPTION:
SIIBMITTED BY:
REVIEi~ED BY:
CITY OF TALCON SEICHTS
YEQUEST YOR COUNCIL CONSIDERA?ION
MTC BUS SHELTER LOCATIONS AND ADVERTISING SIGNS
Jan Wiessner
PLANATION/SLllQ~lARY (attach additional sheets as necessary):
Agenda Item: F-6
Meetiag Date: 6/27/90
The MTC is reactivating their bus shelter location program. They would like
the City's input on possible locations for bus shelters. (After we give them
possible locations, they will check ridership statistics).
They also asked if the City has a policy on advertising on bus shelters and
benches. Several cities have franchise agreements with advertising companies
where the City receives revenue from the advertising on bus benches and
shelters. Falcon Heights currently has an ordinance prohibiting advertising
signs in the City which has not been enforced for bus benches. The City does
not receive revenue for these signs.
ATTA~HMFNTS:
A. June 19, 1990 Capell letter
B. Excerpt of City Code re: Advertising Signs
ACTIOr REQUESTED: A. Discuss possible locations for bus shelters
B. Discuss whether advertising signs should be allowed on
bus benches and shelters, and if so, whether franchise
agreements shoulld be pursued.
Attachment A
M E T R O P O L I T A N T R A N S I T C O M M I S S I O N
560-6th Avenue North, Minneapolis, Minnesota 55411-4398 612/349-7400
P.4;~
y~j~
i
June 19, 1990
Janet Wiessner
City Clerk
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights,, MN 55113
Dear Ms. Wiessner:
The Metropolitan Transit Commission (MTC) is in the process of reactivating its
bus shelter program. Due to budgetary constraints, the MTC's shelter
development program was suspended in 1982.
At present, the MTC maintains 628 passenger waiting shelters throughout the
metropolitan area. Federal funding. is now available to assist in building an
additional 89 shelters. Local money must be used to fund ZO% of the
construction costs of the shelter program and to fund ongoing maintenance
costs.
The MTC shelter policy encourages the construction of passenger waiting
shelters for bus stops which serve 40 or more boarding or transferring
passengers on a typical weekday, with special consideration given to bus stops
serving the elderly and the handicapped.
Under the MTC's shelter program, the MTC will pay the total cost of the
shelter installation if ridership is more than 40 passenger boardings per day. In
cases where ridership is less than 40 passengers per day, the MTC will consider
the shelter installation only if the community provides a portion of the local
capital and maintenance costs. Providing a concrete base pad upon which the
shelter could be placed, and agreeing to provide minor maintenance such as
cleaning, would be ways in which the community could provide this local capital
and maintenance cost sharing.
At this time, the MTC staff has not identified any new bus stop locations in
your community that have more than 40 passenger boardings per day. We are,
however, encouraging you to contact us if you are aware of any sites that you
would like us to investigate further to determine if the site meets the
passenger boarding criteria in the MTC shelter policy. In addition, we would
encourage you to contact us if your city would be interested in participating in
acost-sharing arrangement with the MTC for the construction and maintenance
of bus shelters at locations that do not have the minimum of 40 passenger
boardings per day. Also, please contact us whether your community would be
receptive to allowing advertising to be placed on MTC bus shelters as a means
of providing a funding source to offset a portion of the ongoing maintenance
costs of the shelters.
2-
If you are interested in pursuing bus shelters for your community, please
contact my Executive Assistant, Greg Failor, at 349-7501, to schedule a
meeting to discuss the matter with MTC staff.
I look forward to hearing from you on this matter.
JJC:sIe
cc: Mayor Tom Baldwin
MTC Commissioners
Attachment B
PLANNING AND DEVELOPMENT 9-13.03
Subdivision 17. Projecting Signs. Signs shall in no case project
from a building or structure more than one (1) foot from base of
building. No projecting sign shall at the lowest point be less than
eight (8) feet above the sidewalk or the grade level. All projecting
signs for which a permit is required shall be constructed entirely of
fire resistive materials approved by the Zoning Administrator for this
purpose.
All metal supports and braces for pro~eeting signs shall be galvanized
or of corrosive resistant material or painted at least once annually.
Subdivision 18. Electric Signs. All signs and displays using
electric power shall have a cutoff switch on the outside of the premises
and on the outside of the sign. All electrical work shall conform with
the City Code and be subject to city inspection.
Subdivision 19. Construction Signs. These signs are not to exceed
thirty-two (32) square feet in area and shall be allowed in all zoning
districts during construction. Such signs shall be removed when~the
project is substantially completed.
Subdivision 20. Roof Signs. Roof signs are prohibited in all
districts.
Subdivision 21. Offensive Signs. No signs shall contain any indecent
or offensive picture or written matter.
Subdivision`22. Advertising Signs. Advertising signs are
prohibited:- By October 1, 1985, all advertising signs shall be
considered to be fully amortized and shall be removed by the owners.
Subdivision 23. Multi-Faced Signs. These signs shall not exceed two
2) times the allowed square footage of single-faced signs.
Subdivision 24. Large Signs. Except for more restrictive subsections
of this Sign Section, no sign that ezceeds one hundred (100) square feet
in area shall be erected or maintained:
a. Which would prevent any traveler on any street from obtaining a
clear view of approaching vehicles on the same street for a distance
of five hundred (500) feet.
b. Which would be closer than one thousand three hundred fifty
1,350) feet to a national, state, or local park, historic site,
picnic or rest area, church, or school.
c. Which would be closer than one hundred (100) feet to residential
structures.
71
Consent
Policy X
CITY OF FALCOI` HEIGHTS
REQUEST POR COUNCIL CONSIDERATION
ITE?2 DESCRIPTION:
SUBMITTED BY:
RE9IE~}ED BY
Agenda Item: F-'7
Meeting Date: 6/27/90
SCHEDULE WORKSHOP WITH ROSEVILLE CITY COUNCIL FOR
THURSDAY, JULY 12, 7:00 P.M. AT ROSEVILLE CITY HALL
Jan Wiessner and Steve Sarkozy
E~LANATION jSUH2iARY (attach additional sheets as necessary)
The purpose of this workshop will be to discuss the process to be used
to study mutually beneficial cooperative opportunities for the two cities.
Staff will be making recommendations at this meeting for the council-
members to consider.
NOTE: It is expected that the meeting will last no later than 9 P.M.
Roseville was chosen as site for first meeting (by a coin flip)
with the future meetings recommended to alternate between the
two cities.
ACTION' REQIIESTED: Schedule Council Workshop for July 12, 7:00 P.M. a t'.
Roseville City Hall.