HomeMy WebLinkAbout1977-145 CCR Member Gene Lhotka introduced the following resolution and
moved its adoption:
RESOLUTION NO. 77 -145
RESOLUTION TO MINNESOTA DEPARTMENT OF AGRICULTURE
RELATIVE TO SHADE TREE DISEASE PROGRAM
WHEREAS, in the 1977 session, the Minnesota S'ta'te Legislature amended
Minnesota Statute 1976, Section 18.023, Subdivision 3A (Grants to Municipalities)
Section (C) to read as follows:
grants to any municipality for sani'ta'tion shall not exceed
45% of sanitation costs approved by the Commissioner including
any amount of sanitation costs paid by special assessments,
ad valorem taxes, federal grants or other funds.---" and
WHEREAS, 'the effective date of said legislation is J Y anuar 1, 1977; and
WHEREAS, a number of Brooklyn Center homeowners have removed diseased
shade trees since January 1, 1977 and have paid for said removal with their own
funds; and
WHEREAS, the City of Brooklyn Center has been informed by a representative
of 'the State of Minnesota, Department of Agriculture, Shade Tree Program Adminis-
trator's Office that "only City costs are eligible for reimbursement even if the
homeowner can prove to the City that he has paid for tree removal ordered by the
City. and
WHEREAS, it is the City of Brooklyn Center's contention that "or other
funds" in said Statute can be a homeowner's own funds, when substantiated with
proof to the City that said funds were expended for removal of diseased shade
trees; and
WHEREAS, City contracting and special assessment procedures for said
removal require additional administrative charges to be charged to the homeowner;
and
WHEREAS, a number of Brooklyn Center homeowners are unable to benefit
from said shade 'tree reimbursement program because 'they have conscientiously
complied with tree removal orders prior to latest interpretation of "other funds".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Council is dissatisfied with the interpre'ta'tion of
the said Shade Tree Program Administrator relative 'to the use of "other funds"
for diseased shade tree removal program and requests the Commissioner of 'the
Minnesota Department of Agriculture 'to review the in'terpre'tation of said wording
for possible modification to provide relief for property owners with initiative
to remove diseased shade trees without governmental intervention.