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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 o 1I 1 u J OOuIMOIMNOMiOIM t0OOO0Mtr1N p~OOOOOO~0OO~1N01O o0OtONOId'r-I M OOOOONtOd'SO~; r-1~ ~-Il~~-lu1 r-ZOOM.-I1~O N l0 . . . . . . . . . . • ~ . tfltnd'Nl0[~r-INOIN Ntnd'tf11.['1~-iNMO~fI~ NNNd1NOd'NOCI'l0[~[~l4 O100l~NNNON '"'{ l0 N~-I10O00O1~MlOlOIONIOd' 10~f1 r-itn~-1NO ~i' N r-I r-1 ~-I r-I M l4 t11 O dl M r--1 M N U r•i N r-I ro m p ~ N J..~ 8 •~ w t[1 W .C U3 A UU] N U N W N SO.i U w w ....S.a tT ~ ~ ~ N v N N v N ~ U]o ~a ~ c v amp rncsrn cr trtr o rovW ~-+ •~~ v aro ro ro ro ro ro v ro o ~' ro~' ~ v v v v v v ~ r; vW ~~y~ 8 ~~v~~~ ~ ~~. ~ v S~a U1 C O v C ~ U O ro 0 0W~'~°8°0880°88 'a~ a~', aro,2 v v ~ L~ O N v W S.i N U1 O C •~ .C .C .C .~ .C .C ..O .~ S.i t~ 3•+ O U U O v N •r+ w •~ ~ ~+ .-1 f., ZT O~ U U U U U U U U U UC ~ ••-~ U U ~+ ~ +~ .i.~ ~-•1 +.~ U1 ~ •.•~ U U] U] f!~ (J1 U] V] C/) Ul .N N ~-1 •~ vroro .~ •~ ~ ~ •~ ao t1, •~ •~ c '-+ ro U ~ •~+ ro ~' v v v v v v v v a~i •~ u .~'u ~'U~ro ~rn ~~,~v~U v•~~m s~.u roro ~-+ rovcns~s,~,~,s~s~~,~,m~~oUW ro~ ~.~' o ~'~ v m v ~•~.~ o v ~ °~' o•~wwwwwwww~a av, vvi u~i vzivvvv~•~ ro U•~ ~, ~, ~a-.~ •~ ro a v v v v v v v v ~, v ~ sro,~.°~ o aro,-~v~'•~~ ~'ro o ~ o a v~'~ aH~~+ ~ `~,°i~;~ .urn o ~ ~ ro ~H H a a a a a a E o a~ 2 a a w fx ~ h H PU v] U~ v] v1 Ul to v] v) r•-I Z i7 a o a ri ri ~ V ro O U C ~ •~ U ~ +~ U O W f.2i .~ U ~~} x N x v ~ '~ GG ~ O~ ~ O ~ ~ U1 W N G •n O G x N O ~2fU •~ v Sa O O 1.i v ~ N ~ ro S-i O +~ U a~i .uax~a ~~ °i~ °' ~ ~ uo~ b ~ ~ ~, c°n ~ ox u~ ro v ~ ~ro~ •~~,US~v~rorrv~ro+~o~,h•~ovs~a~rn ~v U+~ro •~cau~ ~roamU w~~+~cnav xrnv~vxro~~ 'Z3WCUl~ ~ A v v ~cAH~w ow~ sro,~~., ~H a~i b ~~p"a~i.u ~'O r~o~~c oa3~ o a h 3 U •.~ S~ ~ p •~ O N U N N ~ ~ ~ a x 0.~ QC~ ~ '~Cl, ~ `~ G ~ 'Z3 o i+ .i~M H H H S-+ v ~ Jv ~ ~-i ,.C ~ .tip0 ~ x p~+ tt~o 6 N .~ rppT •~ tT •~ ~ N •o~H u]h~~~~aoOgmvUUUHxC7 ~xH"~4hAAC~v7Uhh2AxaA~E2W M H A a CG t~00d1O~-iNM~1'tC)l4[~COOIOr'•INMd'llllOl~00dlOr-INM~}'Lf1lOl~00dlOr-IU ~[~t~o0op0aO0a0~0~0~p0~O~0a0d~~O~d~6lald~dlO~d1OOOO00OOOOr-i~-IVO"d ~dO'~T'[t'dO'dO'dO'd'dO'dO'dO'dO'dO'dO'dO'dO'dO'dO'dO'd'dO'd'~'d'd'd'd'~'d"7 V'~"I'7C7UNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ono ~MO~nrn~.n~nooM~noooppQoooooooo~n C0vOOOOOOO0N~ d'OOON[~d,61OO~r1Nt,~ M~ IOID[~14d'CON~t'd'COl4l~NQOl4 10 00 10 10d'd'O[~ l0~'-INCOOONOO IflMO~''"I ~ ''i ~'~M~ l~ ~ t1') M r-I ri N l~ ri r-1 d' N M ~ rl N Ol r-I N t/} r1 N N ''t:S W •rl C2 U1 O ~ro UVOrI M Sa U1 N U1 C ~ ~ r' ~ Ul SV-i U N tN!] U~] ~ UW o ~ ~~~ ~vcwwo~v r w U U U Uas •.~ I o ~, v~ ~ •~+ v, • Ua zs ~U v~ ~ :u.~ rov~2 cn rnUV ro rororo ~vo~~-lo s~u~o~a~ u~~~' s.,•.~ v•~ ro ~ U o v ro ~,rnwww ~w ~ ~ ~I c N N I N I 1 I O OlSro~ Q s~ N Rf U .t~ O O~ U N~ U ~O ~ ~ .t~ ~ai ~ ~Uro iaSS v W W w W ~ JWWUxrIUlU] tqvCSiO •R3 Jr N~axaaaaHaavic~av~aaa$~Hh~c rn g ro U vcnro ~ i wroa U s~ rn~ ~ ~n v a vrl o ~ ~~~ ro~ ~.s~ ~ U C O v] r-I N rl s~ U -•1O N O ~ ro ~ U] Q, w ro vv ~-+roro xor-+oavovU- a~ro 3 U ~--IU~~~~n o mcn a a%n a~i xOO~a~rn x3 ~+~ v~C ~ ~ sras ~o ~ ~ro v ~vv>.,Ur~~ ~.~+~ ro~ ~vvv~ v H xzhh~'3r~~ho~3 hxaUocccaant-ui~ H A z° D4 U NMd't111O1~0001Or-INMd'tC1 ~t~COdlOr-INMd'tlll4i~ NNNNMMMMMMMMIi~I I W r-I ~-INNNNNN ri r-i ~ ri .--I .--i r, .--i .-i r-I .-I i-i ~ r-i r-I .-I r-I r-i .-I ~--~ r-I r-i r-I r-I r-I r-I C7 x U d' ~t' d' d' V' tl' d' d' ~i' d' d' d' ~!' d' ~' d' d' d' d' d' d' d' [t' cl' d' d' N N N N N N N N N N N N N N N N N N N N N N N N N N tf1 N N t` 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. r ~ LJ o~F~~ PET GROOMING SALON Attachment A J n~~:E. .cam-~.~. ~ ~-~. ~ ,~-t f2~ o-- .~,~ Qv~'~ . - Attachment B J 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 1 1 1 11 1' T I 1 I 1 1 I 1 1 i 1 I I t 111111111I11I I I 1 1 1 I I~ 1 1 1 1 1 1 1 1 1 1 1II1IL11l1111 1I11f11II1111 1 1 1 1 1 I~ 1 1 1 11I11 ~I 1 1~ 1 J 1 1 1• 1 1 I t! 1 111Ir111rr1'/ r7"-r r r r~r 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I I 1 1 1 1 1 1.! 1 1 I r 1 1 1 1 r i 1 1 1 1 1 I I 1 1 1 I 1 I l i r t l l l 1 I l r: l l r l l l/l 1 1 1 I I 1 1 1 1 '111111I 1 1 1 / C 1 1 t 1 1 1 1 f 1 ' t 4• t J'. { 1 1 r 1 I 1 I 1 l I I I Illl 111 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 i l l 11 f 9 I - 1 1 I 1 1 1 1 I 1 11I11111III1111I111flltlII: 1 1 I~I i l r 1 I r t l l 1 I 1 i 1 I r l i t 1 1 1 1 1 1 1 1 1 r f 1 i 1. 1 1 1 1 1 1~ r~ l I r l' I~' 1 r1~L 1 1 1 1 it r I r l t 1 f t'.G..cJt. _,a..._ -= !tom 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 A ' _ ~, s~' l-' d Hills Gilbertson Architects Inc :;:.104 West Franiclin~Avenue Minneapolis MN_! r n . 30 May 1990 _ - - -- - _ 2 ~ ..~~ ~ ~ ~~>~ ~ t .~ ~ .Susan Hoyt Taft, Gity Planner - - _ r City of Falcon Heights _ _ .. ~'.~~r ~ . 2077 West Larpenteur Avenue ~ ~ '_ _ - ~ ~:-' Falcon Heights, Minnesota 55113 - - "r 3 Re: Variance Request ~ ~ - - 1697 North Hamline -. ~ - - ~ - Susan ~'' -'-~' ~ =~~ 7 ' .~ x f - , 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' 1 j „ r .~, : 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 r~ u G{~~QtN i~~ l~L~t~NNI~'C~ yhno~ I~ ¢ . G~IN-~ 1~'bCL1}l }~~'v11,I1~E a~ a i i 0 I~VS~N z~~~~ B Site Plan 1 ~ ~~,_ tr, . F2 i a u . W~ .~~:-- a . ~ ~r S ~ i YPak yam. y 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 1- 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 .... ~-- r= ~<r_^'`~' ~^- =y=am? u. ;,. .,_..._... i •. 'i r-:-` aci=..::t~_ _ _ ~ ~~..Y Vic. 0~1-SSb-=<<~G c=~ .ti F_ 11:-= ?-C-~ F•'tyCc 0;1-20:-? -=~ ,40: _~- vii.Yid ": C~ ,-\,7 ~:_:uC_:~.~_ - -cnJ EJ i e:-t:~-::J1 - ..s j" aTt~ ~-;'ii~J~5ci-:C.:-:ESL, e r F~: 000S 1.~1(=: c i ~_.~'v , 0~ i -5~ ~-Fvi:3 , . ~1 i•The companies Pres: PR ltd chose:- IrEne Dempsey Peter Tomlinson Chris S:aotey Simon Silver Peter Mitis Y,eith Martindale Lionel Prodgers Nig'el6raYbrookJohnRafsin David Humphrys City E Commercial Communications ?LC Pepper Foz Pepper Fox Derwent Valley Holdinos inson Colliers Stewart Nev~iss Facili~ies & Property Manao_ement t~tontagu Evans Grir~on Gilber. Doyle Associates -• Tic cor:zpanies 1= acilities ~ Property llanaaement chose: J. i~'eedle London Re; oval Transport P. O'neilly ~ Uris}•s Eurooe ~ Erica 3.td - bI. ding Ba}•erische Landesban4 GirozentralZ M.3iddle Goddard & Smith • • - •- J. A.ndersaa Richards Hogo Limited P.H.S. von der Heyde Z;'.J. Calder, Sons & Comoa:~y - •'"- ' ' ' ' "' ~ • S. G=ant Pansoohic Systems (UK) Ltd P.G. Cube: t S'ri.F Archit_cts I~T.3. Sch: oeder P.anl•: Xerox Limi ted L.J. i r~t-s B12c~s;,one t:2n~._< ter.-. Cc Z'he eonpZZ i a s `:ea 1 ey Sz!ce: chose y 1 C ,_ _Bc.n... _r~~..id •Youzs OC:~$S ~1~aL~~ t3="~G~ z_~u:ss C. is $a~ill~ cs ~~~ Sz~uc? F:oc_.:~ Sc;viccs L~miccd cao sc Yccomma Rzd~~cs & Co M Fusc;ncon Li^_c:r'scrs b: P~_..-cs R Boerc.~ - Jaaucs ~: Lc•:.1s B 1,:oLe~':rr•~ R Fr.~~~a~~•~•c ~~c~.z Wc_~__ ` G:^_~ ~ Ses~n C Cl?.: Invcs.=c~c r':ocr..;~ Dz:zoz.^'-R ~~c-~ is05 5~~~:css Lti Lce 1 D~=`~ ~ . Tod .,_ ~ _~cn L:^~c~ 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.