1j. Resolution Approving a Special Law Authorizing Certain Bid Specification for Playground Equipment on an Experimental BasisCIT OF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Todd Hoffinan, CLP, Park & Recreation Director
DATE:
SUBJ:
September 18, 1995
Resolution Approving a Special Law Authorizing Certain Bid Specifications for
Playground Equipment on an Experimental Basis
Government "by the people, for the people" be
Thanks to Representative Tom Workman and
reduce paperwork, and "get more for its mod
the next 18 months.
The attached article from a publi
House of Representatives Public
to report to the legislature by Fel
put to work on a Stone Creek Pa
Playground may also benef t fi'o
in 1997. , -.:, `� °x
natord Oliver, Chanhassen will save costs,
when purchasing playground equipment over
ttio;Otion Titled New Laws ) 95 prepared by the Minnesota
ifo, Office explai 5 , the new law. As noted, the City is
3.n
Mary 1, 1997 on how the p ect worked. The new law will be
playground project. A re i> 'ration of the Lake Ann Park beach
the law. It is my desire to s the law implemented statewide
RECOMMEN M . ,. -Y
It is recommended that the a resolution approving a special law mg certain bid
sun xi
specifications for playground equipment ~oti €;`exper��aextk� opted.
G
The attached letters thanking Representative r an and Senator Oliver have been drafted for
the city council. They will be delivered upon c cil direction.
Prepared by
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MINNESOTA HOUSE OF REPRESENTATIVES
PUBLIC INFORMATION OFFICE
175 STATE OFFICE BUILDING
100 CONSTITUTION AVENUE
ST. PAUL, MINNESOTA 55155 -1298
(612) 296 -2146
'A
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Introduction
The 79th Session of the Minnesota Legislature convened Jan. 3, 1995, and adjourned at midnight
May 22, 1995, the last day lawmakers could meet as specified by the Minnesota Constitution. A total
of 65 legislative days were used (more than half the biennial allotment of 120 legislative days), but the
state's business was not completed.
On May 23,1995 —nine hours after adjournment — Gov. Arne Carlson called lawmakers back for
a special session. The state was still without a bill to fund K -12 education and a variety of other proposals
were in limbo.
During the regular session, the House introduced 1,999 bills; the Senate, 1,788. Of the 265 bills and
three resolutions that reached the governor's desk during the regular session, Carlson vetoed 13 and
line -item vetoed seven.
Three bills passed during the three -day 1995 Special Session — a K -12 appropriations bill, a small
bonding bill, and an omnibus game and fish bill.
Left on the table during the 1995 Special Session was a proposal to relax a 1994 law that banned
lawmakers from receiving gifts from lobbyists, a bill that would have eased standards set forth in the
1991 Wetlands Conservation Act, and a measure that would have given top state department heads a
pay raise.
Despite the unfinished business, the 1995 Legislature's list of accomplishments includes: reforming
portions of Minnesota's welfare system; cutting workers' compensation costs to business owners;
expanding eligibility so more low- income Minnesotans could qualify for MinnesotaCare, the state's
subsidized health care plan; and strengthening laws to help collect delinquent child support payments.
New Laws 1995 is divided into five major parts.
First, the Highlights section beginning on page 1 is written in an easy -to -read style for those who want
a quick overview of what was approved in 1995.
Second, the Vetoed Bills sections lists all the bills vetoed by the governor and synopses of his reasons
for doing so.
Third, the Living Dead Bills section cites some of the bills that were discussed in 1995, but did not
become law. (Because this is the first year of the two -year spending cycle, those measures remain alive,
or viable, for consideration next year.)
Fourth, the Summary section cites the technical summary of every bill that was approved as it
appeared on the bill that was sent to the governor. This includes a listing of all sections of Minnesota
Statutes that the bill affects.
And fifth, the Index section provides lists of bills by chapter number, House file number, Senate file
number, bill title, effective date, and finally, by key words. Numerous indexes are included to make
it as easy as possible for people to find what they need.
If you would like a copy of a bill, call the House Chief Clerk's Office (612- 296 -2314) or the Senate
Information Office (612- 296- 2343). Ask for the bill by Chapter number, or by the House or Senate file
number.
Better metro planning
A new state law is intended to better coor-
dinate planning and development across the
Twin Cities metropolitan region.
Effective Aug. 1, 1995, cities, counties,
and towns within the seven - county metro-
politan area must review and update their
comprehensive plans by December 1998.
Each will then have to repeat the process
every 10 years. (The final plans are then to be
submitted to the Metropolitan Council.)
A comprehensive plan serves as a develop-
ment and planning blueprint for a local gov-
emment. Plans include a section stating how
the government's planned land use and its
urban services, such as sewer service, would
affect adjoining communities.
The law will not allow local governments
to adopt zoning ordinances which conflict
with their comprehensive plans.
The zoning guide laid out in the plans,
however, can be amended by a two -third
majority vote of the local governmental unit's
governing body.
Currently, if a government's zoning ordi-
nance differs from its comprehensive plan,
the zoning ordinance supersedes the plan.
The measure was sponsored by Rep. Dee
Long (DFL -Mpls) and Sen. Ted Mondale
(DFL -St. Louis Park).
HF833 * /SF841 /CH176
Status quo for Met Council pay
The Metropolitan Council can't use money
from the sale of bonds to buy uniforms for
bus drivers, under a new law.
The law makes mostly technical changes
to the council and its operations, but also
says uniforms are not to be considered a
capital expenditure. It is effective June 2,
1995.
Without the provision, $750,000 could
have been spent to buy new uniforms for the
more than 1,000 Metropolitan Council Tran-
sit Operations (formerly MTC) bus drivers.
The law also deletes a requirement that the
council submit salary recommendations for
council members to the Legislature.
The House voted overwhelmingly (106-
20) to cut council salaries this year. The vote
was to slash the salary for the chair of the
Metropolitan Council from $52,500 per year
to $29,657 — the same pay lawmakers re-
ceive. And it would have trimmed Metropoli-
tan Council members' salaries from $20,000
per year to $6,000.
But the cuts were removed during confer4
ence committee negotiations before the bill
became law.
The law was sponsored by Rep. Myron
Orfield (DFL -Mpls) and Sen. Carol Flynn
(DFL- Mpls).
HF585/SF281 */CH236
Medical examiner duties
The Hennepin County medical examiner
no longer must destroy firearms involved in
the accidental death or suicide of an indi-
vidual, under a new law.
The law allows the medical examiner sim-
ply to turn over these firearms to the law
enforcement agency that handled the inves-
tigation of the death.
Firearms involved in an accidental death
or suicide accompany the body of a deceased
person to the medical examiner's office.
A 1994 law required the medical examiner's
office to destroy firearms that came into its
possession. Previously, firearms were auc-
tioned off along with other personal property
unclaimed by the next of kin, according to
Dr. Kathryn Berg, assistant chief medical
examiner for Hennepin County.
The new law also requires that before a
body that has not undergone an autopsy can
be cremated, the medical examiner must
examine the body and sign an approval form.
This is existing policy of the Hennepin County
medical examiner's office.
The law becomes effective upon approval
by the Hennepin County Board of Commis-
sioners.
Hennepin County is the only county in
Minnesota that has been authorized by state
law to create an office of medical examiner.
Other counties have elected or appointed
coroners who investigate certain deaths, or
have appointed medical examiners, who are
generally medical doctors certified as pa-
thologists.
The legislation was sponsored by Rep.
Steve Kelley (DFL - Hopkins) and Sen. Don
Betzold (DFL- Fridley).
HF1553/SF1209 * /CH89
Buying playground equipment
Recreation Department to be the first city to
purchase playground equipment based on the
amount and quality of equipment offered.
Under the law, the city may exempt play-
ground equipment from state competitive
bidding laws. Chanhassen will undertake the
new method of buying equipment on a two -
year trial basis, said Todd Hoffman, the city's
park and recreation director.
Currently, when submitting bids for the
new slides, jungle gyms, and so forth,
Chanhassen; like all cities, must prepare bid
specifications outlining the specific equip-
ment the department wants and how much it
is willing to spend.
"You prepare the specifications, but you
get five different bid proposals because play-
ground equipment is all different and no one
can give you specifically what you've asked
for," Hoffman said.
Because state law mandates cities accept
the lowest bid, they often must go with the
manufacturer providing cheaply made items,
Hoffman said.
The new law will allow his city to submit
open bids to playground equipment vendors.
"So we'll say `what can you give us for
$75,000' and we'll go with the one which
offers us the most and the best equipment,"
Hoffman said.
The city council must approve all pur-
chases. Hoff n&s department purchases new
playground equipment annually, he said.
Under the law, the city has through 1996
to submit playground equipment bids
through the open bidding process. City offi-
cials must report to the Legislature by Feb. 1,
1997, on how the project worked.
In addition, Hoffman said he plans to talk
to officials from other cities and to play-
ground equipment vendors to see how they
think the new purchasing method worked.
The law is effective after the Chanhassen
City Council formally adopts it.
Rep. Tom Workman (IR- Chanhassen) and
Sen. Edward Oliver (IR- Deephaven) spon-
sored the measure.
HF 1709 * /SF 1523/CH 153
63
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
September 18, 1995
Representative Tom Workman
Room 313 State Office Building
St. Paul, MN 55155
Dear Representative Workman:
On behalf of the residents of Chanhassen, we would like to thank you for your work in the area
of playground bid specifications for the City of Chanhassen. Your "no nonsense" approach to
government regulation is refreshing. Thanks to your initiative, the residents of Chanhassen truly
are served.
When it comes to selling the City of Chanhassen playground equipment, vendors can now be
asked to present their best deal for the money. The process'of designing specifications for a
product as diverse as play equipment is 'simply not productive. We feel your idea, your bill, and
this new law serve our community more efficiently.
Again, thank you for keeping the City of Chanhassen's interests on your agenda. Keep up the
great work!
On behalf of the Chanhassen City Council,
Donald J. Chmiel
Mayor
c: Senator Ed Oliver
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
September 18, 1995
Senator Ed Oliver
Room 121 State Office Building
St. Paul, MN 55155
Dear Senator Oliver:
On behalf of the residents of Chanhassen, the Chanhassen City Council would like to thank you
for sponsoring SF 1523, the "Chanhassen Playground Bill." Detailed plans and specifications
and bidding laws serve our residents well in a variety of areas: The task of purchasing
playgrounds, however, has been cumbersome. Thanks to your support, the city now has an
opportunity to test pilot a new approach to buying playground apparatus.
Senator Oliver, we truly see this new law as "government by the people, for the people." Again,
we would like to express our sincere gratitude to you for your service to our community.
On behalf of the Chanhassen City Council,
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Mr. Todd Hoffman
Park Recreation Director
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
Attorneys at Law
(612) 452 -5000
Fax(612)452 -5550
Andrea McDowell Poehler
Matthew K. Brokl
Marguerite M. McCarron
George T. Stephenson
September 12, 1995
RECEIVED
c r 1 -9, 5
CITY OF �;nr�i Mn88FN'
Re: Special Law Authorizing Certain Bid Specifications for Playground Equipment
Dear Todd:
Enclosed herewith please find a proposed Resolution approving special law,
Minn. Laws 1995, ch. 153, authorizing certain bid specifications for playground
equipment on an experimental basis. Also enclosed is a partially completed Certificate
of Approval of Special Law.
' Please have this Resolution placed on the next City Council Agenda. Once the
City Council has approved the Resolution by a majority vote, please complete the
Certificate of Approval by including the day and date of the meeting and the details
' with respect to the votes (ayes, noes, absent or not voting) as provided in the
Certificate. You must then return the completed originally signed Certificate of
Approval form with a photo copy of the Resolution approving the special law to:
Election Division
' Secretary of State
180 State Office Building
100 Constitution Ave.
' St. Paul, MN 55155 -1299
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
Mr. Todd Hoffman
September 12, 1995
Page 2
If you have any questions regarding the foregoing please feel free to contact
me.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
B L
Y�
Andrea McDowell Poehler
AMP
Enclosures
cc: Mr. Don Ashworth
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Date
Motion By
RESOLUTION
Resolution No.
Seconded By
RESOLUTION APPROVING A SPECIAL LAW
AUTHORIZING CERTAIN BID SPECIFICATIONS FOR PLAYGROUND
EQUIPMENT ON AN EXPERIMENTAL BASIS
WHEREAS, Article XII, Section 2 of the Minnesota Constitution and Minnesota Statutes
Section 645.021 authorize a local government unit to enact a special law affecting the local
government unit, following approval by resolution adopted by a majority vote of all members of
the governing body; _
WHEREAS, the City proposed to the Minnesota Legislature special legislation relating
to the City which authorizes certain bid specifications for playground equipment on an
experimental basis;
WHEREAS, on May 10, 1995, the Minnesota Legislature approved the special law, as
set forth in Minn. Laws 1995, chapter 153; and
WHEREAS, the City Council of the City of Chanhassen does hereby determine that the
special law set forth in Minn. Taws 1995, chapter 153, is necessary for the purpose of providing
more creativity in the design and functioning of city playgrounds, at the lowest practical cost to
its citizens;
NOW, THEREFORE, be it resolved by the City Council of the City of Chanhassen,
Minnesota:
29078
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That the City Council for the City of Chanhassen approves the special law, as set forth
in Minn. Laws 1995, chapter 153, authorizing certain bid specifications for playground equipment
on an experimental basis.
ADOPTED this day of , 1995, by the City Council of the City
of Chanhassen.
ATTEST:
Don Ashworth, Clerk/Manager
29078
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Donald J. Chmiel, Mayor
CERTIFICATE ATE OF APPROVAL OF SPECIAL LAW
' BY GOVERNING BODY
(Pursuant to Minnesota Statutes, 645.02 and 645.021)
STATE OF MINNESOTA
1 Count& Carver and Hennepin
' TO THE SECRETARY OF STATE OF MINNESOTA:
PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the
City of Chanhassen
' DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 19 95 , Chapter 153
requiring approval by a majority vote of the governing body of said local governmental u nit before it
becomes effective, the City Council of the City of Chanhassen
(designate governing body)
'
atam g y meeting dui held on the day of 19 , by resolution
did approve said Laws, 19 95 , Chapter 'I 5 3
(if other than resolution, specify)
by a majority vote= of all of the members thereof (Ayes ; Noes ;
Absent or not voting ) and the following additional steps, if any, required by statute or charter were
taken:
A copy of the resolution is hereto annexed and made a part of this certificate by reference.
SEAL
Signed:
Don Ashworth
Chanhassen City Clerk /Manager
(Official designation of officer)
(This form prescribed by the Attorney General and furnished by the Secretary of State as
required in Minnesota Statutes 645.021)
'if extraordinary majority is required by the special law, insert fraction or percentage here.
cotUA.law Rev. 8/93
Please see reverse side for instructions for completing this form.
INSTRUCTIONS
1 ` Include the chapter number in the Laws of Minnesota that is to be approved on the Certificate
of Approval form and in the resolution that approves the special law.
Certificate of Return the completed originally signed Cert Approval form with a photo copy of the
1 resolution that approved the special law to:
Election Division
' Secretary of State
180 State Office Building
100 Constitution Ave.
1 St. Paul, MN 55155 -1299
1 If you have any questions please contact Renee Coffey at (612 )296 -2805.
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