07-780Council File # � 7 - 7 �_b
Green Sheet # �i�(�Q
ORDINANCE 3D
CiTY OF,SAINT P�, �IfINNESOTA
Presented by
1 An ordinance amending the Legislative Code Chapter 13 Emergency Management
2
4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
8 Chapter 13 of the Legislative Code is amended to read, as follows:
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10 Sec. 13.01. Policy and purpose.
11 (a) Because of the existing and increasing possibility of the occurrence of disasters of major size and
12 destructiveness, and in order to ensure that mitieation, nrenaredness. resnonse and recoverv actions taken
13 �$�aHexs$€ the City of Saint Paul will be adequate to successfull�g„ a� such disasters,
14 and generally to provide for the common defense and to protect the public peace, health and safety, and to
15 preserve the lives and property of the people of the City of Saint Paul, it is hereby found and declared to
16 be necessary:
17 (1) To establish a local emergency management department�.
18 (2) To provide for the exercise of necessary powers during emergencies.
19 (3) To provide for the rendering of mutual aid between the City of Saint Paul and other polifical
20 subdivisions of the State of Minnesota and of other states, with respect to the carrying out of
21 emergencv mana eg ment ��-•�'��� funcrions.
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23 (b) It is further declazed to be the purpose of this chapter and tl�e policy of the City of Saint Paul that all
24 emergency management functions of the City of Saint Paul be coordinated to the maximum extent
25 practicable with the comparable functions of the federal govermnent, of the State of Minnesota and other
26 states and localities, and of private agencies of every type, to the end that the most effective preparations
27 and use may be made of the nation's nersonnel�rar�gewe�, resources and facilifies far dealing with any
28 disaster that may occur.
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30 Sec. 13.02. Definitions of terms.
31 For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this
32 secrion, except where the context clearly indicates that a different meaning is intended. Terms otherwise
33 defined shall be conshued to be consistent with similar terms used in Minnesota State Statutes, Section
34 12.31 or as amended.
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36 National Emer¢encv or Peacetime Emergenev �'�� �' a ' r "°° °'°'°°"�•°"'• means an emergency declared by
37 the governor under Minnesota State Statutes, Secrion 12.31 or as amended. "�� "�:„�°°�*° r:.,:i T,,r ..�o
38 n,..,.rinci r,..,.�i�ci rw,,...,,..�on ce,..:,..,�m TiT;..,.0....4.,CMt.,teCon4;....
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40 Disaster means a situafion which creates an immediate and serious impairment to the health and safety of
41 any person or ersons, or a situation which has resulted or is likely to result in catastrophic loss to property
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42 or the environment and for which traditional sources of relief and assistance are unable to rep vent•
43 respond to, repair or recover from�� the injury or loss.
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45 Emergency means an unforeseen combination of circumstances which calls for immediate action to
46 prevent a disaster from developing or occurring.
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48 Declared local emerQencv means an emergencv or disaster event or situation, formallv declared as such by
49 the mavor in accordance with Minnesota State Statute 12.29 and section 13.06 of this code, durine which
50 emergencv forces are required or directed to carrv out actions pursuant to the prevention, preparation for,
51 r�onse to, and recovery from the impendin¢ emergency or disaster condition.
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53 Emergency forces means any personnel enQaQed in carrving on emergencv manaQement functions in
54 accordance with the provisions of this chapter or anv rule or order thereunder, includinQ: anv emplovee of
55 °�^�:�p the City of Saint Paul, a� any other volunteer or paid members of the local emergency
56 management deparhnent, and anv individual, or�anization, ar team authorized b�the local emer e�y
57 mana¢ement denarhnent to supplement local resources. °�°~�° °~~°��a �~ �°~-•n~�- �~ °~� °
58 .
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60 Emergency management �- ��� ��� means the preparation for and the carrying out of all emergency
61 functions, other than functions for which military forces are primarily responsible, to prevent, rn otect
62 a¢ainst, miti�ate, prepare for, resvond to, and recover from consequences � and
63 damage resulting from natural, technolo�ical, man-made and terrorism-related emer�encies and disasters
64 . These functions include, without limitation, firefighting services; police services;
65 medical and health services•- rescue•- engineering•- warning services•- communications• -°a'�'����°'
» �, �, �� �> ' ,
66 chemical bioloeical, radiological, nuclear, and explosive devices and other special weapons defense;
67 evacuation of persons from stricken areas; emergency welfare services; emergency transportation;
68 protection of crirical infrastructure and kev resources; �°;°*:~�- �- ~~�„°~'.. °��:�-~°a �.~���~° �� ~�
69 p�etee�ierr, temporary restoration of public utility services; and other functions related to civilian
70 protection, together with all other emer�encv manaeement and homeland securitv �g� activities
71 necessary or incidental to preparation for and carrying out of the foregoing functions.
72
73 Sec. 13.03. Establishment of emergency management department-ageaey.
74 There is hereby created within the City of Saint Paul govemment an executive department of emergency
75 management � - �'�'�° , ""' .- m �° "'°'';'.:�:�� � (hereinafter: "deparhnenY'
76 '�) which shall be under the supervision and control of a director of emergency management
77 (hereina$er: "director"). The director shall have direct responsibility for the organization, administration
78 and operation of the emergency management �artment-agexe�, subject to the direction and control of
79 the mavor�^��, pursuant to the Saint Paul Administrative Code, Cha tp er 15 ���_. The
80 emergency management denartment-age�y shall be organized, consistent with state and local laws, as the
81 directar deems necessary to provide for the efficient performance of local emergency management and
82 homeland securitv functions a�����- �„ °�°-�-�„��.
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84 Sec. 13.04. Powers and duties of the director.
85 (a) Reciprocal arrangements. The director, with the consent of the ma ar�x, shall ��°°���
86 C:4 j,••FQ.. ,.+D...,1 .,1 �..,�e .,.:,, r,, e.,. ue �w..n develop
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proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal
emergency aid and assistance in an emergency too great to be dealt with unassisted, and �shall present
such agreements to the mavor�� for action and refenal to the�� city council. Such
arrangements shall be consistent with �licable Minnesota State Statutes and the state emergency
management plan, and during an emergency it shall be the duty of the department-age�y and emergency
�gerxert�forces to render assistance in accordance with the provisions of such mutual aid
arrangements. Any mutual aid arrangement with a polirical subdivision of another state shall be subject to
94 the approval of the governor.
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(b) Risk and capabilities assessment. °'•�a��° �l •��°�••°°�°, etc. The director shall make, for the mavor�e
e�ie€, such studies and surveys of the threats, risks, personnel, �ewe� industries, resources,-a�
facilities and capabilities of the emereencv forces of the City of Saint Paul as the mavor�rie€ deems
necessary to determine their capabilitv, readiness, and adequacy for emergency management and to plan
for their most efficient use in time of an emergency, and to seek out training and education; fiscal.
phvsical and human resources; and partnerships that will reduce or eliminate readiness and capability
deficiencies.
(c) Comprehensive plan. The director shall prepare a comprehensive general plan for emergency
management activities with the Citv of Saint Paul that addresses all phases of emerQencv and disaster
manaeement, includin¢, but not limited to: urotection of critical infrashucture and key resources; hazard
identification, assessment and miti atg ion; nrenazation, including disaster response trainin� and exercising;
emerQencv onerations and disaster resnonse actions; disaster recoverv; and continuitkof operations and
essential services. �Ft���� The director shall present such plan to the mavor� ��a� for approval
and refenal to the � city council for approval. When the mayor and council by resolution have
approved the plan, it shall be the duty of all municipal agencies and all emergency forces of the city to
perform the duties and functions assigned by the plan as approved. The plan may be modified in like
manner from time to time. The director shall coordinate the emergency management activities of the city,
to the end that they shall be consistent and fully integrated with the emergency management plans of other
political subdivisions within the state, and compliant with state and national directives regazding
emergency and disaster management planning.
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118 (d) Training and information programs. In accordance with the state and city emergency management
119 plans, the mavor��, through the director, shall institute such training programs and public
120 information programs and shall take all other preparatory steps, including the partial or full mobilization
121 of emergency management forces in advance of actual disaster, as may be necessary to the prompt and
122 effective operation of the city emergency management plan in time of an emergency. He ar she may, from
123 time to time, conduct such practice ai�-�ai� alerts, drills, tests, or other emergency management exercises
124 as he or she may deem necessary.
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126 (e) Utilize existing facilities. The director shall utilize the personnel, services, equipment, supplies and
127 facilities of existing departments and agencies of the city to the mazcimuxn extent practicable. The officers
128 and personnel of a11 such departments and agencies shall, to the masimum extent practicable, cooperate
129 with and extend such services and facilities to the local emergency management agency and to the
130 govemor upon request. The head of each deparhnent and agency, in cooperation with and under the
131 direction of the mavor��, through the director, shall be responsible for the planning and
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132 programming of such emergency management activities as will involve the utilization of the facilities of
133 his or her department or agency.
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(� Recruit volunteers. The mavor��, through the director, shall, in cooperation with existing city
departments and agencies affected, organize, recruit and train aiixiliary police, aLixiliary firetxeFtfi ter
emergency medical personnei and any other personnel that may be required on a volunteer basis to carry
out the emergency management plans of the city and state. To the extent that such emergency personnel
are recruited to augnent a regulaz city deparhnent or agency for e� emergencies or disasters they shall
be assigned to such department or agency for purposes of administration and command. The director may
dismiss any emergency management volunteer at any time and require the surrender of any equipment and
identification fiunished by the city.
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144 (g) Emergency facilities. Consistent with the emergency management plan, the mayor� ��a�, tlu�ough
145 the director, shall provide and equip emergency hospitals, casualty stations, ambulances, canteens,
146 evacuation centers, and other facilities or conveyances for the care of injured or homeless persons.
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148 (h) Governor`s orders etc. The director shall carry out all orders, rules and regulations issued by the
149 governor with reference to emergency management.
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151 (i) Coordinate operations. The director shall assist the mavor €r�ec-kie€in the direction and coordination of
152 the general operations of alllocal emergency-��at�age�ter� forces during a� a declared local emergency in
153 conformity with controlling regulations and instructions of the ma�or, the citv emer�encv declaration and
154 resolutions, the comprehensive emergencv mana e�ment plan, and the sState emergency management
I55 authorities. The heads of deparhnents and agencies shall be govemed by the mavor's�� orders
156 with�t respect thereto.
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158 (j) Emer enc�erations�e�el center. Consistent with the emergency management plan, the director
159 shall provide and equip, at some suitable place in the city, a control center (the "emer ency onerations
160 center" and, if required by the sState emergency management plan, an auxiliary emergencv operations
161 � center to be used during an emergency as headquarters for direction and coordination of
162 emergency��� forces. He or she shall arrange for representation at the� center by
163 municipal departments and agencies, public utilities and other agencies or organizations authorized by
164 federal or state authority to carry on emergency management activities during a� a declared local
165 emergency. He or she shall an for the installation at the�e�e} center of necessary facilities for
166 communication with and between heads of emergency management divisions, the stations and operating
167 units of municipal services and other agencies concerned with emergency management and for
168 communication with other communities and emer�enc�perations centers or multi-aeencv coordination
169 � centers within the surrounding area and with the federal and state agencies concerned.
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(k) Emergency powers. During the first thirty (30) days of �t a national securitv or peacetime emergency
declared pursuant to Minnesota Statute 1231 if the legislature is in session or the governor has coupled
his or her declaration of an emergency with a call for a special session of the legislatureie�, the director
�� may, when necessary to save life or property, require any person, except members of the federal
or state military forces and officers of the state or a political subdivision, to perform services for
emergency management purposes as he or she directs, and he or she may commandeer, for the time being,
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177 any motor vehicle, tools, appliances or any other property, subject to the owner's right to just
178 compensation as provided by law.
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��epresentation on local, regional and state p1¢nninQ entities. The director, or his or her designees,
shall renresent the citv on applicable local, re�ionai, and state plaiuiiu� committees, groups, boards, and
entities whose pumose is to plan, coordinate, inteezate, and imnlement homeland securitv and emer e¢ ncv
mana¢ement systems, activities, and proiects in the citv or in eeo¢raphical areas of the re¢ion or state that
imnact the city or rec�uire support bv. or coordinarion with, citv de�artments, or¢anizations, or citizens.
186 Sec. 13.05. General provisions on emergency management workers.
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(a) Certain persons excluded; oath. No person shall be employed or associated in any capacity in the
emergency management deparhnent-agexe3= who advocates or has advocated a change by force or violence
in the constitutional form of government of the United States or in this state or the overthrow of any
government in the United States by force ar violence, or who has been convicted of or is under indictment
or information charging any subversive act against the United States. Each person who is appointed to
serve in the emergency management denartment-a�gexe3� shall, before entering upon his or her duties, take
an oath in writing as prescribed by *"° "��r��°�'° �':°:, T`°F �°� n,.. „f, �c, �,.,.�:,.„ nn� �Minnesota
Statutes, Section 12.43:�-or as amended.
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196 (b) Use of volunteers. Emergency management volunteers shall be called into service in order to assist
197 with emer�encv mana�ement activities, conduct public education and outreach authorized bv the director,
198 and�}}� in case of �t a declared local emergency for which the regular municipal forces are inadequate,
199 or for necessary training and preparation for such emergencies. All volunteers shall serve without
200 compensation.
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(c) Identification of volunteers. Each emergency management volunteer shall be provided with such
suitable insignia ar other identification as may be required by the director. Such identification shall be in a
form and style approved by the state or federal government, if applicable. No volunteer shall exercise any
authority over the persons or property of others without his or her identification. No person except an
authorized volunteer shall use the identification of a volunteer or otherwise represent him/herself to be an
authorized volunteer.
209 Sec. 13.06. Emergency regulations.
210 a Mayor may declare emer�encv. When necessar�nrevent or resnond to emereencies or disaster and
211 pursuant to Minnesota State Statutes, the mayor has authoritv to declaze a local emereencv. A declared
212 local emer�encv mav not continue for more than three (3Lvs except by or with the consent of the city
213 council Such a declaration must be Qiven vromnt general roublicit�and filed promptiv bv the citv clerk
214 Ler Minnesota State Statutes. Section 12.29.
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�(-�} Mayor may promulgate regulations. Whenever necessary to meet an emergency or to prepare for
such an emergency for which adequate regulations have not been adopted by the governor or the city
council, the mayor may by executive order promulgate regulations, consistent with applicable federal or
state law or regulation, respecting: the sounding of alarms; the conduct of persons and the use of property
during emereencies-alar the repair, maintenance and safeguarding of essential public services;
emergency health, fire and safety regulations; trial drills or pracrice periods required for preliminary
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222 traiving; and all other matters which are required to protect public safety, health and welfare in
223 emergencies. rT� e.,°�� ��.� �.;� �ao .,a .,...,,.,, .,i., :v„ .,+:,.
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�{� Form of executive order and notice. Every emergency regulation shall be in writing and signed by
the mayor, shall be dated, shall refer to the particulaz declared local emergency to which it pertains, if so
limited, and shall be filed in the office of the city clerk, where a copy shall be kept posted and available for
public inspection during business hours. If possible, emergencv orders and regulations shall also be
posted electronicallv and be made available by electronic access. Notice ofthe existence of such
regulation and its availability for inspection at the clerk's office shall be conspicuously posted at the front
of the city hall ar other headquarters of the city and at such other places in the affected area as the mayor
shall designate in the executive order. Thereupon the regulation shall take effect immediately or at such
later time as may be specified in the order. By like proclamation the mayor may modify or rescind any
such regulation.
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238 �{e� Council may rescind; expiration date. The city council may rescind any such regulation by
239 resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of forty (40)
240 days after its effective date or at the end of the declared local emergency to which it relates, whichever
241 occurs first. Any ordinance, rule or regulation inconsistent with an emergency regulation ordered by the
242 mayor shall be suspended during the period of time and to the extent that such conflict exists.
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244 Sec. 13.07. Report oF activities.
245 The d'uector shall, as soon as possible after the end of each fiscal year, prepare and present a
246 comprehensive report of the activities of the denartment-agexe-y during the yeax to the mavor��,
247 who will submit such report to the mayor and city council, far the information of the council and the
248 public.
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250 Sec. 13.08. Conformity and cooperation with federal and state authority.
251 Every officer and agency of the city shall cooperate with federal and state authorities and with authorized
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agencies engaged in emergency management and emergency measures to the fullest possible extent
consistent with the performance of their other duties. The provisions of this chapter and of all regulations
made thereunder shall be subject to all applicable and controiling provisions of federal and state laws and
of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as
there is any conflict therewith. The chief of police may appoint any qualified person holding a position in
any agency created under federal or state authority for emergency management purposes as a special
police officer of the city with such police powers and duties within the city incident to the functions of his
or her position, not exceeding those of a regular police officer of the city, as may be prescribed in the
appointment. Every such special police officer shall be subject to the supervision and control of the chief
of police and such other police officers of the city as the chief of police may designate.
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263 Sec. 13.09. Participation in labor dispute or politics.
264 The emergency management deparhnent-age�e3} shall not participate in any form of political activity, nor
265 shali it be employed directly or indirectly for political purposes, nor shall it be employed in ar durine a
266 legitimate labor dispute for the purpose of replacine emvlovees.
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268 Sec. 13.10. Custody of government property.
269 The director of emergency management shall take custody, on behalf of sai� the city, of all properties of
270 any type or nature which are owned by sai� the city, loaned, given or donated to sai� the city from any
271 source, including the federal goveznment and its agencies, which properties relate to the functions of the
272 depariment��n of emergency management; further, that while said properties are in the care, custody
273 and controi of sa� the city and its d�arhnent� of emergency management, the director shall be
274 responsible for said properties and may take such reasonable acts as are necessary to protect and conserve
275 said properties.
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277 Sec. 13.11. Damage to emergency management property.
278 Any person who shall damage, steal, trespass on ar cause any harm to properties of any type or nature
279 under the caze and custody of the denarhnent�tv�sie�� of emergency management shall be guilty of a
280 misdemeanor.
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282 Sec.1312. Whistles and warning devices.
283 �PIe unauthorized person who shall operate a siren, whistle or other audible device so as to simulate an
284 attack or weather warning, or other emergencv situation, without the written permission of the director of
285 emergency management shall be guiltv of a misdemeanor and punished accordingly. This provision shall
286 apply to all devices emitting sound which in the opinion of the director are closely identified with the
287 sound for a"take cover" or "alert" warning. Emergency vehicles of fire and police deparhnents and
288 ambulances are excepted.
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290 Sec. 13.13. Obeying directions.
291 During aa declared local emergency ��very person who shall disobey �-al�-�ke lawful orders of a
242 regular or auxiliary members of the police and fire departments of the City of Saint Paul ar another-a�al�
293 e4ke� persons having a specific emergency management assignment and displaying their official
294 identificarion shall be guiltv of a misdemeanor.
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296 Section 2
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298 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and
299 publication.
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Adopted by Council: Date �
Adoption Certified by Counci Secretary
BY� / / /l/�Ji,! � ivSO
Approvedbg� yo � Date �`� / p7
By: l�—
Requested bv Denartment of:
Form A ro ed b Mayo or S n to o cil
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Form Ap r ved by City ttomey �� s'�''
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By: 1 �—
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
0 7-� �
FR -Frze
CoMad Person & Phone:
Tim Butler
228-6215
musi ese on
01-AUG-07
Doc. Type: ORDINANCE
E-Document Required: Y
Document Contad: Elizabeth Davis
ConWCt Phone: 266-8588
r.�-atqa�r�
�
Assign
Number
For
Routing
Order
ToWI # of Signature Pages J (Clip All Locations for Signature)
Green Sheet NO: 3042160
0 � re
1 e DeparLment D"vector
2 i Aftom
3 avor's OSce I Mavor/Assistant
4 ,Council �
5 ' C7erk G5 Clerk
An ordinance Amending Chapter 13, Emergency Management, of the Saint Paul Legislative Code.
manons: Hpprove �H� or rce�ect �rq: rersona� sernce comraas must nnswer tne touow�ng uuest�ons:
Planning Commission 1, Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No .
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
6cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(F�cplain)
Activity Number.
CosVRevenue Budgeted:
July 25, 2007 7:01 PM Page 1.