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HomeMy WebLinkAbout1994 05-23 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 23, 1994 7 p.m 1. Call to Order , 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda - All items listed with an asterisk are considered to be routine by the City Council and Will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: * a. April 25, 1994 - Regular Session * b. May 9, 1994 - Regular Session 8. Presentation: a. 1994 Partnership Minnesota Cooperative Public Service Award for CO -OP Northwest Project b. Charter Commission Certificates of Appreciation 9. Mayoral Appointments: a. Housing Commission b. Shingle Creek Watershed and West Mississippi Watershed Commission 10. Proclamation: * a. Declaring May 23 through May 30, 1994, as Buckle Up America! Week 11. Ordinances: (7:15 p.m.) a. An Ordinance Amending Chapter 6 Regarding the Administrative Code -This ordinance was first read on April 25, 1994, published in the City's official newspaper on May 4, 1994, and is offered this evening for a public hearing and second reading. This approves the new administrative structure. CITY COUNCIL AGENDA -2- May 23, 1994 b. An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, RLS No. 1377, 2700 Freeway Boulevard -This ordinance was first read on April 25, 1994, published in the City's official newspaper on May 4, 1994, and is offered this evening for a public hearing and second reading. 12. Public Hearing: (7:30 p.m.) a. Initial Application for Private Kennel License at 6421 Bryant Avenue North 13. Discussion Items: a. Legislative Update b. Humboldt Avenue Improvement Project Update C. Shingle Creek Drowning Incident d. An Ordinance Amending Chapter 34 of the City Ordinances Regarding Noncommercial Opinion or Expressions Signs -This item is presented tonight for a first reading. 14. Resolutions: * a. Expressing Recognition of and Appreciation for the Dedicated Public Service of David Hildebrandt * b. Expressing Recognition of and Appreciation for the Dedicated Public Service of Everett C. Lindh * c. Expressing Recognition of and Appreciation for the Dedicated Public Service of Susan G. Warner * d. Accepting Bid and Awarding Contract for Northwest Area Improvements, Improvement Project Nos. 1994 -11 and 1994 -12, Contract 1994 -F * e. Accepting Bid and Awarding Contract for James /Knox/54th Avenues Improvements, Improvement Project Nos. 1994 -01 and 1994 -02, Contract 1994 -E * f. Approving Plans and Specifications and Authorizing Advertisement for Bids for Central Garage Improvements, Improvement Project No. 1993 -19, Contract 1994 -A * g. Accepting Bid and Awarding Contract for 69th Avenue Landscaping, Phase II, Improvement Project No. 1994 -30, Contract 1994 -G CITY COUNCIL AGENDA -3- May 23, 1994 15. Final Plat Approval: * a. Evangelical Lutheran Church of the Master 2nd Addition *16. Licenses 17. Adjournment Council Meeting Date 5/23/94 3 City of Brooklyn Center Agenda Item Number 7C2- Request For Council Consideration Item Description: City Council Minutes - April 25, 1994 - Regular Session City Council Minutes - May 9, 1994 - Regular Session Department Approval: &AM-�f� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: A el No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached At its May 9, 1994, meeting, the City Council tabled approval of the April 25, 1994, City Council minutes requesting certain changes be made. Following are the changes which have been made to the April 1994, City Council minutes: Page 12 Fourth full paragraph to read as follows: "Councilmember Rosene expressed thanks to Mr. Slawson. He stated Mr. Slawson would be objective and Mr. Schwartz is as knowledgeable on this issue as any citizen ever is on an issue. " Page 13 Sixth full paragraph: Motion was made by Councilmember Mann - not Kalligher. Page 14 Fourth full paragraph to read as follows: "Councilmember Kalligher stated the Council had interviewed numerous firms. She is concerned about the City getting the most for its money, and she concurred with Councilmember Scott that there may be a lot of hidden costs with changing to another firm. She would like to see Holmes and Graven continue on as City Attorney. " i Recommended City Council Action: Motion to approve City Council meeting minutes of Aril 25 PP tY g P 1994, and motion to approve City Council meeting minutes of May 9, 1994. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 25, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, Community Development Specialist Tom Bublitz, Community Development Director Brad Hoffman, City Engineer Mark Maloney, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Barb Kalligher announced Brooklyn Center has received the Tree USA award. She said the City was recently given the award and a flag at a ceremony which she attended. The City Manager explained the flag will be flown outside City Hall on an alternating basis with other flags, and there will soon be space available in City Hall to display the award. Mayor Paulson announced Tuesday, May 19 will be an AIDS awareness seminar which was designed by a citizen. He said it will be held at the substation and added he hopes many people in Brooklyn Center will share their talents in this way in the future. 4/25/94 - 1 - APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from th* consent agenda. Councilmember Mann asked for removal of agenda items 13b and 13g. Councilmember Scott asked for removal of agenda item 7b. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the April 25, 1994, agenda and consent agenda without items 13b, 13g, and 7b. The motion passed unanimously. APPROVAL OF MINUTES APRIL 11 1994 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the minutes of the April 11, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -82 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1994 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1994-22, CONTRACT 1994 -C 0 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -83 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1994 -B (PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, IMPROVEMENT PROJECT NO. 1993 -21) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 4/25/94 - 2 - RESOLUTION NO. 94 -84 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION The motion for the adoption of the foregoing resolution was duly seconded b member P g g Y Y Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -85 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ADMINISTRATIVE ORGANIZATIONAL STRUCTURE AS RECOMMENDED BY THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Blaine Heating, A/C, and Electric, Inc. 13562 Central Ave. NE Delmar Furnace Exchange 4080 83rd Ave. N. Egan & Sons Co. 7100 Medicine Lake Road Gilbert Mechanical Contractors, Inc. 4451 West 76th Street Minnesota Heating & A/C 10701 93rd Ave. N., Suite B Modern Heating & A/C, Inc. 2318 First Street NE Owens Services Corporation 930 East 80th Street Thermex Corporation 4850 Park Glen Road Triple D Heating & A/C Co., Inc. P.O. Box 113, Long Lake RENTAL DWELLINGS Initial: - Gary Radke 5245 Drew Ave. N. Renewal: Northport Properties 5401 Brooklyn Blvd. Duane Om 5407 Brooklyn 'Blvd. Boulevard Properties 5837 Brooklyn Blvd:" Christian Knutson 5200 France Ave. N. Martha Lahti 5316 Knox Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. 4/25/94 -3- RENTAL DWELLINGS - CONTINUED Renewal: Steve Loechler 5736 Logan Ave. N. Barbara and Maurice Moriarty 2825 67th Lane N. SIGN HANGER Arrow Sign Co. 18607 Highway 65 NE Demars Signs 4040 Marshall Street NE Nordquist Sign Company, Inc. 312 West Lake Street The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED APRIL 6 1994 - SPECIAL W I C WORK SESSION O There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of April 6, 1994, special work session as printed. Councilmember Mann abstained. The motion passed unanimously. MARCH 28 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the minutes of March 28, 1994, regular session as printed. Councilmember Scott abstained from voting because of her absence from the meeting. The motion passed unanimously. MAYORAL APPOINTMENTS AD HOC CITY COMMUNICATIONS TASK FORCE Mayor Paulson stated two openings `exist on the ad hoc City Communications Task Force and there are two applicants. He added both applicants are long -rime Brooklyn Center residents. He asked for confirmation of Bernie Gaffney and Phillip Gray as members of the committee. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to confirm the appointments of Bernie Gaffney, 5918 Upton Avenue North, and Phillip Gray, 6919 Regent Avenue North, to the ad hoc City Communications Task Force. The motion passed unanimously. p Y Mayor Paulson asked for confirmation of his appointment of Task Force Member Dawn Sommers as Chairperson of the ad hoc City Communications Task ;Force. He also asked for confirmation, of his appointment of Task Force Member William Alexander as Vice Chairperson of the ad hoc City Communications Task Force. 4/25/94 -4- There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to confirm the appointments of Dawn Sommers, 5315 Lyndale Avenue North, and William Alexander, 5408 71st Circle North, as Chairperson and Vice Chairperson, respectively, of the ad hoc City Communications Task Force. Councilmember Scott asked Mayor Paulson whether Task Force Members Dawn Sommers and William Alexander have agreed to these appointments. Mayor Paulson stated Dawn Sommers has agreed and William Alexander has not been contacted. The motion passed unanimously. HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson stated there were four applicants for one position on the Human Rights and Resources Commission. He stated one applicant, John Henry, of the Southwest community, has a good background, has been on many committees and boards, and is a member of several organizations which dovetail well with the Commission. Mayor Paulson requested confirmation of the appointment of John Henry to the Human Rights and Resources Commission. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to confirm the appointment of John Henry to the Human Rights and Resources Commission. Councilmember Rosene commented he was I impressed with the quality of the applicants and their wealth of talent. He added John Henry seemed to be uniquely qualified to fill this position. The motion passed unanimously. TRI -CITY AIRPORT COMMISSION Mayor Paulson asked the City Manager to update the Council on the Tri-City Airport Commission. The City Manager explained currently Councilmember Mann and City Manager Gerald Splinter are appointees to the Tri-City Airport Commission. He added the commission initially required an administrative member but that , is no longer the case. The City Manager stated he is willing to resign from the commission since a citizen, Jerry Pedlar, has offered to serve on the commission. Councilmember Rosene commented the City Manager serves in many capacities. He stated since Jerry Pedlar is qualified and familiar with the, commission, he would agree to the appointment. Mayor Paulson requested confirmation `of the appointment of Jerry Pedlar to the Tri-City Airport Commission. 4/25/94 -5- There was a motion by Councilmember Scott and seconded by Councilmember Mann to confirm the appointment of Jerry Pedlar to the Tri-City Airport Commission. The motion passed unanimously. PUBLIC HEARING ON PROPOSED MODIFICATION OF THE EARLE BROWN FARM REDEVELOPMENT PROJECT NO. 1 The City Manager presented a Resolution Approving Modification to Project Plan for Housing Development and Redevelopment District No. 1 (formerly the Earle Brown Farm Redevelopment Project Area). The City Manager recommended before holding the public hearing, the Council should adjourn and convene the EDA meeting to take action on EDA Resolution No. 9al. He continued the Council may then reconvene and take action on this Council Resolution. The City Manager called upon Community Development Specialist Tom Bublitz to introduce the project. The Community Development Specialist explained the hearing is to discuss and modify the project area and Brookwood project. He said the proposal is to expand the existing project areas to include the entire City except for the extreme northeast corner. He added the Planning Commission had reviewed the modification project plan and affirmed it was consistent with the City's Comprehensive Plan. The Community Development Specialist announced representatives from Publicorp, Kris Hansen and Mark Ruff, were present at this meeting. Councilmember Kalligher asked why the northeast corner of the City is excluded from the district. The Community Development Specialist answered the northeast corner of Brooklyn Center is the least likely area to require a project with this funding. Councilmember Mann commented there are, indeed, areas in the northeast comer which will need redevelopment because of storm drainage. She also stated it would be beneficial to attempt to have the entire City in the district. The City Manager stated the projects in the northeast comer would come under funding for storm water redevelopment, which is not the same funding. Councilmember Mann inquired if this includes land acquisition. The City Manager,responded affirmatively. Mayor Paulson opened the meeting for the purpose of a public hearing on the proposed _modification of the Earle Brown Farm Redevelopment Project No. 1 at 7:16 p.m. He inquired if there was anyone present who wished to address the Council. There being none, Mayor Paulson 'asked fora motion to close the public hearing. There was a motion by Councilmember Kalligher and seconded by Councilmember:Rosene to close the' public hearing.' The motion passed unanimously: 4/25194 -6- RECESS There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to recess the City Council meeting to be reconvened following a short meeting of the EDA. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:18 p.m. RECONVENE Mayor Paulson reconvened the meeting at 7:19 p.m. RESOLUTION NO. 94 -86 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING MODIFICATION TO PROJECT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT DISTRICT NO. 1 (FORMERLY THE EARLE BROWN FARM REDEVELOPMENT PROJECT AREA) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PLANNING COMMISSION ITEM The City Manager presented Planning Commission Application No. 94002 submitted by Brookdale Car Wash requesting a special use permit and site and building plan approval to construct a 5,149 square foot addition to the car wash at 5500 Brooklyn Boulevard. The Planning d Zoning Specialist resented the staff report and reported this application g g P P P P PP was recommended for approval by the Planning Commission at its April 14, 1994, meeting. The Planning and Zoning Specialist explained that one concern was stacking but it appears as though the plan supports adequate parking space. He also mentioned the plan calls for a revision to the landscape plan. He said the landscaping plan does meet the requirements for the conditions and also meets the point system the Planning Commission uses to evaluate landscape plans. The Planning and Zoning Specialist noted a public hearing was held by the Planning Commission, which then recommended approval of the plan subject to 15 conditions. The Planning and. Zoning Specialist mentioned - notices have been sent to surrounding property owners. He added Mr. Graham and his architect are present at this meeting. Councilmember Scott complimented Mr. Graham on' the quality of his car wash and his cooperation with the City. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve Planning Commission Application No. 94002 submitted - by `Brookdale Car Wash for special use permit and site and building plan approval to construct a 5,149 square foot 4/25/94 -7- addition to the Brookdale Car Wash at 5500 Brooklyn Boulevard subject to the following conditions: 0 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permit. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. I* 11. On site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Highway Commissioner's Manual on Uniform Traffic Control Signs. 12. Any icing problems on the private roadway or public streets caused by the car wash operation shall be corrected immediately by the applicant. 13. The amended special use permit is granted to the applicant for an expanded car wash at 5500 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 14. The special use permit is subject to all applicable codes, ordinances and regulations, any violations thereof could be grounds for revocation. 15. Within one year, the applicant shall provide an updated landscaping plan consistent with the landscaping enhancements recommended by the Brooklyn Boulevard task force. " .Mayor Paulson asked Mr. Graham whether the new car wash would result in additional jobs. Mr. Graham stated that a few jobs would be added but of course it is a seasonal business. He said there will be 10 jobs in the summer and six in the winter. The motion passed unanimously., - 4/25/94 -8- Councilmember Mann expressed appreciation to Mr. Graham for reinvesting in Brooklyn Center. ORDINANCE The City Manager presented An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard. He stated this Ordinance is presented tonight for a first reading. The City Engineer explained this ordinance is basically a housekeeping item. He said the City had intended to take this action in 1982 but some gaps have been discovered in legal descriptions and title work concerning the utility easements which are causing problems with the owner's refinancing efforts. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve first reading of An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard. The motion passed unanimously. DISCUSSION ITEMS LEGISLATIVE UPDATE The City Manager stated the current house bills are not as favorable as the senate bills on 0 several issues, including tax increment financing. He stated even if the senate and the house can agree, the governor may veto so no action may be taken. He stated any action should occur in the next three to five days, but it is a changing situation. ARBOR DAY /ARBOR MONTH The City Manager presented a Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA. The Public Works Coordinator announced Brooklyn Center has received the Tree City USA award for the second consecutive year. She said City representatives received the award last week from Lieutenant Governor Jonelle Dyrstad. The Public Works Coordinator stated requirements for the designation are to issue a proclamation and to host an Arbor Day celebration:' She asked the Councf to proclaim Friday, April 29, as Arbor Day and the Month of May as Arbor Month. The Public Works Coordinator said the Arbor Month celebration has .grown from the Adopt -A -Park program. It - is planned for mid -May in collaboration with students from the Earle Brown School who have adopted Grandview Park. She''urged the 'students be encouraged in this environmental awareness action. 4/25/94 -9- I RESOLUTION NO. 94 -87 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 29, 1994, AS ARBOR DAY AND MAY, 1994, AS ARBOR MONTH IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kalligher, and the motion passed unanimously. Councilmember Rosene . complimented the staff and students at Earle Brown School for being involved in this way and encouraged other schools to follow their example. NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE UPDATE The City Manager stated he was distributing summaries of the applicants for the task force. The Public Works Coordinator stated more applications have recently been submitted. She PP Y said all areas are still not represented, but there applications fo ri f seats are r the majority o P J tY t b o e filled. She suggested two options to the Council: to defer making appointments to the task force and direct staff to readvertise; or to begin the process since some applicants are present at the meeting. She also stated a resolution establishing the task force has been prepared and staff recommends waiting to act on it. The City Manager added the staff had presumed Brooklyn Park City Council would appoint its own delegates. Councilmember Scott said she felt the Council should forward the Brooklyn Park applications to its Council rather than pre -empt its- rJght to appoint its citizens. The City Engineer stated Brooklyn Park Councilmember Doug Pearson has been approved. She also stated Tim Willson, chair of the Planning Commission, has been approved by the Planning Commission. She requested the Council consider appointing City Engineer Mark Maloney to the task force. 4/25/94 _10- le The City Manager reviewed the resolution for establishing the task force which the Council has not had much time to review. He indicated there are more applicants expected and distr a draft of the resolution. Councilmember Rosene stated he liked the idea of finalizing the resolution in two weeks but .feels it is important people who have applied be made aware of their status. He said he would like to hear the opinions of the Council. Councilmember Kalligher inquired about an upcoming work session. The City Manager said there is one. He also stated more people took out applications than returned them but this is not unusual. Councilmember Kalligher stated a couple of people had told her they had applications but did not have time to return them. She said she would like to hold the item over to a later date. Councilmember Rosene said he would like to be the representative from the Council but because of the time commitment involved suggested someone else volunteer. Councilmember Mann volunteered to be a member of the task force. Mayor Paulson also volunteered to serve on the task force. Councilmember Mann stated she would defer to Mayor Paulson. Mayor Paulson commented the Council should send a representative to the task force meetings. He stated if he could not attend a meeting, another councilmember could go in his place. The Public Works Coordinator reminded the Council a chairperson is needed for the task force. Mayor Paulson said he thought the membership should be settled, then a chairperson selected from the membership. He suggested 'tin p s ggeste waiting for more applications. Councilmember Scott ,: asked Councilmember_. Kalligher whether, the people. who had contacted her would be representatives of the Humboldt area, the greater neighborhood, or both. Councilmember Kalligher, replied.they were for both openings., The City Manager said originally the chair was not to be a member' of the task force. The chair was supposed to make the membership an odd number. . - Mayor < Paulson,stated = he would appoint people who have applied and ask Brooklyn Park City Council to affirm their applicants, ,He mentioned Frank Slawsoe is an applicant. He 4/25/94 said he would leave the City Council spot open because he could not appoint himself. He added he would accept Mark Maloney. The Public Works Coordinator clarified the residents who are being appointed at this time are Michael Schwartz, Larry Cuskey, and Terry Precht. Councilmember Rosene suggested appointing Mr. Slawson as the business community rcpresentativc or as the chair. Mayor Paulson suggested waiting for all applications. Councilmember Rosene expressed thanks to Mr. Slawson. He stated Mr. Slawson would be objective, and Mr. Schwartz is as lmowledgeable on this issue as any citizen ever is ou an issue. Mayor Paulson stated he would appoint the membership as stated. Councilmember Rosene asked Mayor Paulson how he was appointing Mr. Slawson. Mayor Paulson replied as a business community representative. Councilmember Kalligher stated Mr. Slawson has put in his application and if we appoint him as chair, the Council could then appoint, another business person. Mayor Paulson said it is better procedurally to wait until the full membership is established. Councilmember Kalli g her stated if the Council intends to hold the issue open it should not appoint any members at this time. Councilmember Scott suggested leaving the chairperson position open and filling one position for the greater neighborhood representative. She said this would still leave two positions open. Mayor Paulson asked the Council to confirm the appointments. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to confirm the appointments to ` the Northeast Transportation Corridor Task Force. Council member'Scott stated she would rather defer but action needs to be ongoing with this task- force. Shc added there should be no more advertising. The motion passed unanimously. The City °Niana er sta ed the" resolu on "`to create the task forc i "" d be brdught to the next meeting so councilineubets'would have time to review it. 4/25194 - 12 - • CITY ATTQRNEY SELECTION PR CE S The City Manager said there has been a process followed to select a city attorney_ The candidates have been reduced to two firms, Popham Haik and Holmes and Graven. The staff recommendation is Holmes and Graven. Councilmember Scott asked what process is now expected. Mayor Paulson said the process has been completed and the Council should now be in a d n m atte r. to make de o t att p os i t ion e a �sion e m Councilmember Scott commented the selection process was extremely thorough, She said her choice would be to continue to use Holmes and Graven for several reasons. She said she Iiked the Practice of dealing with just one attorney rather than several. She also said Holmes and Graven have kept their budget within bounds and they have done a good job. She said she is concerned since the City is currently involved in several cases, a new firm would need to be "brought up to speed." She said she is also concerned about conflicts of interest. Councilmember Mann stated she also had concerns. She said the interviewing process was educational but its main purpose was to look at saving costs.. She said sho believes choosing Holmes and Graven is the best way to keep costs down. There was a motion by Councilmember Mann and seconded by Councilmember Scott to retain the firm of Holmes and Graven as Uty Attorney. Mayor Paulson stated he has seen both firms in action and has seen the levels of service they give. He said in regard to conflict of interest it can happen with any firm. He said he is not concerned about the large size of a firm because the City would be hiring the firm for its depth of knowledge and the complete menu. He added Popham Haik could offer their experience in the private sector. He said he feels the City should seek the best value rather than the cheapest price. He said Popham Haik has innovative ideas, is visionary, is proactive, and is a reasonable cost. He added Popham Hall would be the best value and if the City were dissatisfied later it could always.change back. Councilmember Rosene inquired how difficult it would be to change back if the Council were to select Popham Haik and be dissatisfied. " -Mayor Paulson said it would probably depend on the handling of the situation. Councilmember'Roset e stated he 'has been happy with the service'HOlmes and Graven has offered.' He said'ih one.way.ne;would Ile to keep Holmes and Graven out m dnoihcr way- he is - curious to sec, if a _diffe-rent'sty, e might be more dynamic. , Councilmember Mann commented that financial costs of changing back might slow down the process of redevelopment. She said she thinks the Council should keep that in mind. 4/25/94 - 13 - Councilmember Scott said more opportunity for conflict of interest could arise since Popham Haik has private sector experience. She stated the firm is innovative but at what cost. In their work for St. Louis Park they had federal money to deal with. She stated she is concerned changing firms would be one more change in the midst of several changes such as new people on staff. She added Popham Haik had proposed assigning one attorney to the City Council and one attorney to the EDA and she is not in favor of that as they overlap. She said the Council should have faith in its attorney and she has faith in Mr. LeFevere. She added the Holmes and Graven firm has been honored by receiving an award selected by peers. Mayor Paulson said he agrees faith and confidence should be the criteria. He said one reason he reached the conclusion he did was he has worked with both firms. He said he liked Popham Haik's presentation and agrees with the team concept they offer with several attorneys who specialize in different areas. He said he thinks the turnover in staff makes this a good time for a change in attorneys and would help create a new viewpoint for the City. Councilmember Rosene stated he can see both sides of the issue. He said he likes the Holmes and Graven firm but would not be afraid of making a change and added he feels a new firm could "hit the ground running." He said he feels the Council will not lose whichever firm is chosen. Councilmember Kalligher stated the Council had interviewed numerous firms. She is concerned about the City getting the most for its money, and she concurred with Councilmember Scott that there may be a lot of hidden costs with changing to another firm. She would like to see Holmes and Graven continue on as City Attorney. Roll call vote: Councilmembers Kalligher, aye; Mann, aye; Rosene, aye; Scott, aye; Mayor Paulson, nay. The motion passed. Mayor Paulson thanked Mr. LeFevere for his firm's past and future service. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Approving Specifications and Authorizing Advertisement for Bids for the Acquisition of a Liquor Inventory Control System. He called on Director of Finance Charlie Hansen to explain the resolution. The Director of Finance explained the existing system of cash registers and computers used for the sale of liquor in three stores need to be replaced as it is very difficult to obtain and maintain parts for the cash registers. He stated the staff report lists a timeline for replacement of the equipment. He also stated the new computer s,, will include inventory control which is a cost savings to be applied toward the purchase. He said the resolution will authorize him to advertise for bids on the equipment. A L5/94 - 14 - Councilmember Rosene asked how many firms the bid requests will be sent to. The Director of Finance said there is a list of possible vendors who will all receive specifications for bids. He said there will also be newspaper advertisements. Councilmember Scott asked whether the City has a certain system in mind which others are using or if the City will be spending money for a system which it would be pioneering. The Director of Finance said there are several known systems which would meet the needs of the City. Councilmember Scott asked whether the price of $35,000 to $40,000 includes all equipment needed. The Director of Finance said the price is for the entire system. Councilmember Kalligher said she would like to know more about how much profit is received through the liquor stores. She said she was interested in whether it is worth it for the City to be in the business of selling liquor. The Director of Finance gave two reasons for the City to run the sale of liquor: 1) The City can in this way control sales, for example to minors and/or people who are already intoxicated. The City ar d ll liquor in th A private ty e trame not to se those cases. p vate store would be more likely to sell liquor in those situations (illegally) for the profit; 2) The City does make a profit from handling the sale of liquor. In 1992, the profit was $120,000. In 1993, the profit was down to about $90,000. For the last two years, a sum of $100,000 has been transferred to the General Fund Budget. He added if the City were to get out of the business of selling liquor, the alternative (selling the stores) would not be as profitable. The City Manager stated if the Council would like a report on this issue, it could go ahead and authorize the bids. He explained after the Staff had reported back, the Council could then still cancel the process. RESOLUTION NO. 94 -88 Member Barb Kalligher introduced the following resolution and moved its adoption with the condition of a report being submitted: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE ACQUISITION OF A LIQUOR INVENTORY CONTROL SYSTEM. l The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The' City Manager presented a Resolution Amending the Order for the Storm Water Pond Improvement Project No. 1992 -29. He explained an amendment is needed on the order for the storm water pond improvement project No. 1992 -29. He stated the wording needs to be changed so it can be included in a bond issue as some required language required_ by the IRS was omitted. He added five offers for purchase of property are coming in and without this resolution acquisition costs could not be bonded for. 4/25/94 -15- Councilmember Mann said she had asked for this item to be removed from the consent agenda as she did not believe any bonding had been discussed. k The Public Works Coordinator commented discussion was held during the utility rate study. Councilmember Mann asked the amount of the bond and what fund it is from. The Director of Finance answered it is from storm water utility, with $400,000 in land acquisition costs this year plus $725,000 in construction costs next year, which will total $1,125,000 in bonding. Councilmember Mann asked if the City would also be paying principal interest; the Director of Finance replied affirmatively. The City Manager explained it is smart to bond as early as possible when interest rates are low. Councilmember Mann stated her concern is that this project is a regional -type pond. She stated everyone who contributes to the storm water utility fund is going to get benefit from it, but with the next project the improvement will be for one area and everyone will pay for it. She also is concerned about precedent for other neighborhood improvements. The Public Works Coordinator noted there is a citizen task force on which Councilmember Mann is a representative, which is reviewing the local water management plan. Councilmember Mann introduced another member of the task force. Mr. Grady Boeck, 5601 Indiana Avenue North, stated both resolutions, 13b and 13c should be taken i n concert. There w i as a discussion among Mr. Boeck, the City Manager, the Director of Finance, and the Public Works Coordinator b a out property tax money, the pavement management plan, and the resolution before the Council. Mayor Paulson requested the Council complete its handling of 13b before continuing with 13c. RESOLUTION NO. 94 -89 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ORDER FOR THE STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND PARK DEVELOPMENT The motion for the adoption of the foregoing resolution was duly . seconded by member Celia Scott, and the motion passed unanimously. 4/25/94 -16- The City Manager presented a Resolution Directing Staff to Initiate the Sale of Bonds for Street and Storm Water Improvements and Accepting Proposal for Professional Services. Mr. Grady Boeck, 5601 Indiana Avenue North, questioned whether the City has a capital improvement program. He questioned whether, with so much money is going to the Northwest area, there will be enough money for his area Councilmember Scott stated there is a program in place and suggested Mr. Boeck meet with members of the staff for further explanation. The City Manager stated the pavement management plan will be operational this summer. g P g P P Councilmember Rosene asked Mr. Boeck whether he is a member of the water management task force. Mr. Boeck responded affirmatively. The Public Works Coordinator stated there are two different definitions of a pavement management program. She said Mr. Boeck wanted to know if there is a street -by- street capital improvement plan, and there is not at this time. She added planning is in the final stages. RESOLUTION NO. 94 -90 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DIRECTING STAFF TO INITIATE THE SALE OF BONDS FOR STREET AND STORM WATER IMPROVEMENTS AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Amending Fee Schedule for the Administration of Tree Removal Accounts. The Public Works Coordinator further explained the resolutions to ensure the fees more accurately capture actual administrative costs. Councilmember Scott commented the City's fees are more reasonable than those of other communities. She stated she recommends approval of the resolution. 4/25/94 -17- RESOLUTION NO. 94 -91 Member Celia Scott introduced the following resolution and. moved its adoption: RESOLUTION AMENDING FEE SCHEDULE FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution P was duly seconded g g b m Y y ember Kristen Mann, and the motion passed unanimously. _ The City Manager presented a Resolution Approving Acquisition of Storm Sewer Easements Relating to Improvement Project No. 1994 -12, Utility Improvements, Northwest Neighborhood. The City Engineer discussed the negotiations of easements. Councilmember Mann stated this is z good example of using opportunities. RESOLUTION NO. 94 -92 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACQUISITION OF STORM SEWER EASEMENTS RELATING TO IMPROVEMENT PROJECT NO. 1994-12, UTILITY IMPROVEMENTS, NORTHWEST NEIGHBORHOOD The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember KalIigher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:04 p.m. Deputy City Clerk To Paulson Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 4/25/94 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 9, 1994 CITY IIALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 p.m. OLL CALL Mayor Todd Paulson, Couneilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Community Development Specialist Tom Bublitz, City Engineer Mark Maloney, Fire Chief Ron Boman, Police Captain Kline, and Council Secretary Barbara Collman, OPENING CEREMONIES Ulyssess Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening, He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson informed the Council it should be expecting to receive a petition which is being circrilated in response to a recent drowning in Brooklyn Center. He has met with residents in the area where the drowning occurred and understands the petition will address the issues of fencing around the pond and signage near the pond. The City Manager replied the issue would be included on the May 23, 1994, agenda. Mayor Paulson noted there had been a town meeting held concerning youth violence and crime. He thanked those who participated and stated he is looking forward tv receiving the report. Mayor Paulson called the Council's attention to two upcoming events. Saturday, May 24, is the date of the DARE Relays, to be held at Brooklyn Center High School. The Mayor's Bowl -A- Cross, a fundraiser for the Red. Crass, is also scheduled soon. 5/9/94 - 1 - R Mayor Paulson announced the recycling award winners for the months of February and - March. The winners for February are: E. S. Cronander, 5530 Bryant Avenue North; Vilice Peterson, 6001 Halifax Avenue North; Thomas Nelson, 509 61st Avenue North; and George T.ink, 7007 France Avenue North. The winners for March are: Craig Wendschlag, 6618 Colfax Avenue North; Richard LaBelle, 3319 61$t Avenue North; Gerald L. Harris, 6406 Emerson Avenue North; Victor A. Kummor, 3212 Thurber Road; and H. D. Oldenburg, 5900 Xerxes. APPROVAL OF AGENDA AND CONSENT AG END Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Rosene asked for removal of agenda item 7b and addition of agenda item 12d, Consideration of Public Announcement of Agenda Items. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the May 9, 1994, agenda and consent agenda removing irem 7b and adding item 12d. The motion passed unanimously, APPROVAL OF MINUTES APRIL 18, 1994 - BOARD OF EQUALIZATION "There was a motion by Councilmember Rosene and seconded by Councilmembcr Kalligher to approve the minutes of April 18, 1994, Board of Equalization as printed. The motion passed unanimously. PROCLAMATION Member Dave Rosene introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MAY 15 THROUGH MAY 21, 1994, AS NATIONAL PUBLIC WORKS WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by Member Barb Kalligher, d unanimously. r er and he se nanimous . t motion as bh p y RESOLUTIONS RESOLUTION NO, 94-93 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TO APPROVE SALE OF CERTAIN TAX FORFEITED LAND PARCELS AT AUCTION TO ADJACENT OWNERS The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. 5/9/94 -2- RESOLUTION NO. 94 -94 Mcmher Dave Roscnc introduced the following resolution and moved its adoption: RESOLUTION REJECTING NONCOMPETITIVE BID, APPROVING SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -95 . Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -19, SHINGLE CREEK PARKWAY OVERLAY, FREEWAY BOULEVARD TO 69TH AVENUE NORTH, RECEIVING ENGINEER'S FEASIBILITY REPORT, AND CALLING FOR A PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by Member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO, 9496 Nlciuber Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SANITARY SEWER MOBILE PUMP The b moti n for t i re resolution w duly seconded b Mem r Barb e 0 o he adoption of the foregoing reso ut1 n as u y y Kallighcr, and the motion passed unanimously. RESOLUTION N0, 94 -97 Member Duvc Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1994 SEAT - COATING PROJECT, IMPROVEMENT PROJEC;r NO. 1994 -21, CONTRACT 1994 -D The motion for the adoption of the foregoing resolution was duly seconded by Member Barb KaIligher, and the motion passed unanimously. 5/9/94 - 3 - FINAL PLAT APPROVAL Thcrc was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the final plat of HALTS Twin Lake Estates, as presented. The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICU K & S Sanitation 24 Crossway Drive MECHANICAL SYSTEMS Advanced Enemy Services, Inc, 3650 Annapolis Lane, Suite 105 g G ., Carl Y le's Ht A! & Refri . Inc, 301 Ironton Street NE Dean's Heating & A/C, Inc. 2597 309th Avenue NW Dependable Indoor Air Quality, Inc, 2619 Gaon Rapids Boulevard Fisher -Bjork Sheetmetal Company, Inc. P.O. Box 40009 Northtown Heating & Coaling, Inc. 389 89th Lane NE P & H Services Co. Inc. 1601 67th Ave. N. MOTOR VEHICLE DEALERSHIP CLASS A Rrookdale Dodge 6800 Brooklyn Blvd. Brookdale Pontiac 6801 Brooklyn Blvd Bob Ryan Oldsmobile 6700 Brooklyn Blvd. I RENTAL DWELLINGS Initial: Craig D. Stirtz 18016 Bluebird Street NW John and Marlys Pepera 6142 Scott Avenue North Renewal: James Shoultz 4214 Lakeside Avenue North Terry and Brett Parker 5242 Lakeside Place ROI Properties, Inc. 7109 -13 Unity Avenue North Dennis J. Bona 5207 Xerxes Avenue North Tracy Rice 5836 Xerxes Avenue North Valerie Blount 1316 68th Lane North SIGN HANGER Lawrence Sign 945 Pierce Butler Route Leroy Signs, Inc. 6325 Welcome Ave. N. The motion passed unanimously. is 5/9/94 - 4- APP O -VAL OF MINUTES - CONTINUED Z JRIL 25, 1994 - REGULAR SESSION C'uncilmember Rosene requested the following correction to Page 12, fourth paragraph: "Councilmember Rosene expressed thanks to Mr.Slawson. He stated Mr. Slawson would be objective and Mr. Sch�artz is as knowledgeable on this issue as any citizen ever is on an issue." Councilmember Mann requested the following correction to Page 13, sixth paragraph, "Motion was made by Councilmember nn" (not Kalligher). It was noted the following correction will also be made to Page 14, fourth paragraph: "Councilmember Kalligher stated the Council had interviewed numerous firms. She is concerned about the City getting the most for its money, and she concurred with Councilmember Scott that there may be a lot of hidden costs with changing to another firm. She would like to see Holmes and Graven continue on as City Attorney." There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to table the approval of the minutes of April 25, 1994, regular session until currcctions arc made. The motion passed unanimously. PREDATION The City Manager announced three city employees are present to receive special recognition. Cap tain Kline reviewed Officer Rondle Townsend's activities when resp onding to a fire on P P g March 29, 1994, at 6914 Humboldt Avenue North. Officer Townsend caught a child and ate infant who were dropped from a third floor window. He also assisted in breaking the fall of an adult who jumped from the third floor window. He then stayed beyond his appointed shift to administer first aid to the victims. Mayor Paulson presented a Certificate of .Appreciation to Officer Townsend and commended him on his meritorious service to the citizens of Brooklyn Center. Fire Chief Ron Boman described the effort made by Captain John Bentzen, a 25 -year veteran of the Brooklyn Center Fire Department, at a fire at 6910 Humboldt Avenue North on March 29, 1994. Captain Bentzen went to the aid of a resident who was trapped in an apartment and was having difficulty breathing. He sacrificed his breathing mask for the woman's use and escorted her to safety. Mayor Paulson presented Captain Bentzen with a Certificate of Appreciation and commended him on the excellent work offered to the citizens of Brooklyn a Fire Chief Ron Boman reviewed the excellent service offered by Firefighter Chuck Wall during a fire at 6417 Camden on April 2, 1994. Firefighter Wall removed his own air mask 519/94 - 5 - in an effort to search for two children who were known to be in the bedroom of a burning apartment. He located the children and saw them both to safety. Mayor Paulson presented Firefighter Wall with a Certificate of Appreciation from the City of Brooklyn Center fQr exemplary service in the line of duty. Mayor Paulson also expressed thanks and appreciation to all members of the City's police and firefighting force. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 94003 The City Manager presented Planning Commission Application No. 94003 submitted by Evangelical Lutheran Church of the Master requesting preliminary plat approval to combine the church Property located at 1200 69th Avenue North and the single- family residential property at 1120 69th Avenue North into a single parcel. The Planning and Zoning Specialist presented the staff report and reported this application was recommended for approval by the Planning Commission at its April 28, 1994, meeting, The Lutheran Church of the Master has purchased an adjoining lot and plans to expand the south parking lot. The Planning and Zoning Specialist reviewed the six conditions attached to the application. He said conditions 4 and 5 have been addressed, so only four conditions are now applicable. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve Planning Commission Application No. 94003 submitted by Evangelical Lutheran Church of the Master requesting preliminary plat approval to combine the church property located at 1200 69th Avenue North and the single family residential property at 1120 69th Avenue North into a single parcel subject to the following conditions; 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3, The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined by the City Manager) to assure completion of all approved site improvements prior to the release of the final plat for filing with Hennepin County. 4. The lighting plan shall comply with Section 35 -712 of the City Ordinances. Mayor Paulson commented the Council should review the policy which allows parking lot expansions to be implemented without approval by either the City Council or the Plaluiing Commission. 5/9/94 -6- The City Manager asked if the Mayor felt the Council should approve a parking lot expansion and then the Planning Commission, or vice versa Mayor PaulSOn replied the issues should be studied by the Council and then the Planning Commission should be involved. Councilmember Rosene suggested the Council set aside a part of a work session for this matter. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to review the policy for parking lot expansions at a future work session. The motion passed unanimously. The original motion passed unanimously. PLANNING COMMISSION APPLICATION NO, 94QQ4 The City Manager presented Planning Commission Application No. 94004 submitted by Prudential Insurance Company of America requesting site and building plan approval to construct a 5,195 square foot addition to the Brookdale Square Shopping Center. The Planning and Zoning Specialist presented the staff report and reported this application was recommended for approval by the Planning Commission at its April 28, 1994, mucting. The Planning and Zoning Specialist mentioned the application is subject to 12 conditions and reviewed the last four in detail. Councilmember Scott asked whether there is a plan to upgrade the parking lot. She is concerned whether only the holes will be filled in or if the entire lot will be resurfaced. The Planning and Zoning Specialist answered the entire lot would be resurfaced. Councilmember Scott asked whether the resurfacing could be a condition of the application. The Planning and Zoning Specialist responded affirmatively. Councilmember Scott added the Council has received the same promise from a business in the past but all that was done was filling in of holes. She would like to have a 13th condition to ensure the completion of a parking lot resurfacing. Mayor Paulson asked whether the landscaping does not meet the required number of points. The Planning and Zoning Specialist said the point system will be satisfied with the cvi7ditions of the application. There was a discussion among Mayor Paulson, the Planning and Zoning Specialist, and Doug Johnson of Marquette Partners concerning the landscaping point system, the 1989 plan, and the new plan. 5%9194 -7- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 94004 submitted by Prudential InSurauicc Company of America for site and building plan approval to construct a 5,195 square foot addition to the Brookdale Square Shopping Center subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits, 3. A new site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the iS-iuwice of permits, 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view, 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFFA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. p tY 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B612 curb 1 and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit a new as -built survey of the property, improvements and utilities service lines prior to release of the performance guarantee. 9. The storm water drainage system is subject to at least an administrative review by the Shingle Crcek Watershed Management Commission staff prior to the issuance; of permits, 14. On -site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Minnesota Manual can Unifurm Traffic Control Devices, 11. The plans shall be modified to indicate a six -foot high screening and security fence to match the wdstin g g buildin to provide additional screening for the loading duck and trash compactor area. 12. The applicant shall provide landscaping consistent with the landscaping point system and with the approved 1989 landscaping plan. The financial guarantee Shull not be released until the site is in compliance with said plan. 519194 - 8 - 13. The applicant shall resurface the parking lot in its entirety. The motion passed unanimously. ORDINANCES The City Manager presented an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check- Cashing Establishments, and Temporary Employment Businesses within the City. He indicated this Ordinance was first read on April 11, 1994, published in the City's official newspaper on April 20, 1994, and is offered tonight for a public hearing and second reading. Councilmember Rosene pointed out a word change which should be made in Section 101 of the ordinance: the word "or" should be "nor," Mayor Paulson opened the meeting for the purpose of a public hearing on an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, Und Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check - Cashing Establishments, and Temporary Employment Businesses within the City at 7:52 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to address the Council. There was a motion by Councilmember Scott and seconded b Councilmember Kalli her to Y g close the public hearing at 7:52 p.m. The motion passed unanimously. ORDINANCE NO, 94-08 Member Celia Scott i itroduced the following ordinance and moved its adoption: AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; REGULATINGr AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS STORES, PAWNSHOPS, CHECK- CASHING ESTABLISHMENTS, AND TEMPORARY EMPLOYMENT BLJSINESSES WITHIN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1 a.m, to 10 Minutes After Closing, He indicated this Ordinance was first read on April 11, 1994, published in the City's official newspaper on April 20, 1994, and is offered tonight for a public hearing and second reading. 5/9/94 -9- The City Manager added Staff has contacted various agencies but has not identified any statistics, positive or negative, which would link the proposed change to the issue of public safety, .Mayor Paulson inquired the practice of neighboring cities on this issue. The City Manager replied some communities operate as Brooklyn Center does and some communities allow fifteen minutes after closing. Councilmember Rosene expressed concern the public has not been given opportunity to speak out on this issue because there is not an adequate communicatiun system for publicizing important agenda topics. Mayor Paulson answered one way to address this concern might be to place an issue like this one as a discussion item. Mayor Paulson stated his feeling on the ordinance is the Council needs to be as responsible as possible, The Council has been addressed by the Police Chief and other staff members on this issile, who are in favor of its adoption, but has not heard arguments from people with the apposing vicwpoint. He said he feels the Council should hear both pros and cons on this issue. Councilmember Scott suggested using the cable network for more publicity. She said a brief synopsis of all agenda items for all meetings could be broadcast. She said this approach would be a start to obtaining more publicity. Councilmember Rosene agreed using cable television would be a great start but not all members of the community have access to the cable network. He suggested advertising agenda items in general sections of newspapers rather than just the Legal Notices sections. Councilmember Rosene said he is concerned whether three major sections are needed in the ordinance. He also said he is unsure whether the division between Church and Statc is being crossed in the ordinance where December 24 and Sunday evenings are specified. The City Manager said it is his belief the items being referred to are in the City document but actually pertain to state law. The City Attorney agreed with the City Maiiager. Councilmember Rosene requested the issue be studied over the next six months. Councilmember Rosene also pointed out a wording change which is necessary in this ordinance. Mayor Paulson asked the City Attorney how this ordinance relates to state law. The City Attorney said under state law this ordinance is ?egal. 5/9/94 - 10- Mayor Paulson asked whether this is because the issue of consumption is not addressed specifically. The City Attorney agreed with this assessment. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1 a.m. to 30 Minutes After Closing at 7:59 p.m. He inquired if there was anyone present who wished to address the Council. Mr. Rod Snyder, 6408 Willow Lane, mentioned he thinks the second reading process is a good safeguard. He stated the Council is to be commended for its desire to enhance public safety; however, he said he is concerned this ordinance should be considered more thoroughly before its adoption. He specifically said he felt there may be consequences which have not yet been considered. Since there is no data to show an advantage, he urged the Council not make a change without clear advantages in sight, Mr. Snyder mentioned the current holders of liquor licenses may be supporting the Ordinance for the reason of public safety as well, but the City has no assurance that future license holders will have the same integrity. He said he feels problem drinkers will abuse whatever system is in place. He said the City needs to have ordinances in place to control situations before those situations arise. Mr. Snyder summarized his statements by saying if the Council passes the ordinance it is 1) facing the possibility of a negative effect at a later date, 2) enacting legislation with no clear advantages anticipated, and 3) basically announcing Brooklyn Center is changing the drinking times (which goes against current safety trends). He urged the Council to study the issue further b0ome reaching a decision, Councilmember Rosene agreed with Mr. Snyder tabling action on the ordinance would be a wise step. Mike Schwartz, 7100 Humboldt Avenue, questioned whether this ordinance is the best solution to the concern of problem drinkers, He said problem drinkers will abuse the situation regardless of the City's efforts, If the problem drinkers are fighting in the parking lot, perhaps more security should be involved. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to close the public hearing at 8 :1Z p.m. The motion passed unanimously. Councilmember Mann asked the City Attorney whether or not the City has the right to be even more restrictive than state law. The City Attorney replied it does. A motion was made by Councilmember Mann and seconded by Councilmember Scott to table An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1 a.m. to 30 Minutes After Closing. The motion passed unanimously, 5/9/94 Councilmember Rosene commented he would like the Council to pursue a suggestion Mayor Paulson had made at the last meeting, that of offering a break on licensing fees to businesses which would serve food or non - alcoholic beverages from 1 a.m. to 1:30 a.m. Mayor Paulson ulson said he is in favor of tabling the ordinance while the Council searches for the best avenue to reach the goal it has set. DISCUSSION ITEMS RTHWEST AREA I MPROVEMENT M ROJECT NOS. 1994-11 AND 1994_ 12 (;TRAFFIC 155LJFS) The City Engineer reported Staff has met twice with neighborhood representatives and twice with school representatives. Members of the neighborhood indicated they wanted to have Perry Avenue blocked, but the school district does not see that option as viable because of operational concerns with school buses. The City Engineer said the Staff is recommending the alternative of instituting an all -way stop at the intersection of 70th and Perry Avenues and, with Hennepin County, creating a one -way east street of 715t Avenue. The school district accepts this method as an alternative compromise. Councilmember Scott asked whether the stop could be where 71st and Perry Avenues meet, as it would slow traffic and increase safety, The City Engineer replied it could be done. He commented stop signs and speed humps generally were the least acceptable solutions to the Perry Avenue representatives, Councilmember Rosene agreed with the idea of stop signs. He added the neighborhood probably wanted a more permanent and more dramatic solution but he doesn't feel there is one. He also added the drivers cutting through in this area must be familiar with the area which essentially makes them "neighbors" as well. Councilmember Kalligher said she had thought the neighborhood didn't want anything to interfere with the improvement project. The City Engineer said his impression was the neighborhood representatives did not want to postpone the improvements but did want to take full advantage of the project as an opportunity to address perceived traffic problems. Councilmember Rosene said the City is suffering a lack of connective north -south streets as it is so he would hate to see another one closed off, The City Engineer stated traffic characteristics along that roadway have been analyzed and there appears to be a problem with a few speeding drivers. However, in perspective it is a small number of irresponsible drivers, Councilmember Mann asked whether it was the Perry Avenue group or the Greater Neighborhood group which rejected stop signs and speed bumps. The City Engineer said 5/9/94 -12- the group Staff had met with was specifically representing Perry Avenue and 71st Avenue. Councilmember Mann said she dislikes cutting off thoroughfares but agrees with trying the method of using stop signs. Councilmember Kalligher asked whether stop signs would be installed immediately or during the course of the project. The cit Engineer advised to wait for the project. Councilmember Scott asked about signage concerning the school zone and whether the speed limit could be lowered in the school zone. The City Manager said signs "25 mph when children are resent" can be osted, but a believes such si winch state present. p p are already The City Engineer added the stop sign will aid in emphasizing the pedestrian crossing. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the project as proposed with the added condition of installing stop signs. The motion passed unanimously. APPOINTMENT OF DIRECTOR OF PUB IC SERVICES The cit Manager explained interviews have been held for the position of Director of Public Services. He stated Diane Spector, Public Works Coordinator, is the recommended candidate and reviewed her GredcnUs, RESOLUTION NO, 94 -98 Mcmbcr Barb Kalligher uitruduccd the following resolution and moved its adoption: RESOLUTION FINALIZING THE CITY MANAGER'S APPOINTMENT OF A DIRECTOR OF PUBLIC SERVICE5 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Rosene expressed his favorable impression with the candidate's credentials and work as Public works Coordinator. Mayor Paulson stated he hopes to meet with the new Director of Public Services to discuss the City's direction, goals, etc. Councilmember Rosene commented he feels it is positive for the City to have a woman in a position at this level after losing nother. H g e offered his congratulations to the new Director of Public Services. 5/9194 - 13 - ADMINISTRATIVE HEARING FOR A WATER AND SEWER UTILITY BILT Robyn Wright, owner of a house at 6325 France Avenue North, presented an argument for a discount on utility ates since the house ouse has been vacant. She described an understanding she had the utilities could be shut off with the exception of water. She later learned this was 0 not possible, but feels she should have been told immediately. She was told by a City employee she might be eligible for a rebate on bills paid. She had corresponded with the Director of Finance on this issue and met with City Appraiser Joe DeBruzzi. She felt the correspondences she received had a negative tone in regard to her problem selling the home and h g she felt she had done everything she could to sell it. She expressed frustration that she was given misinformation and also because realtors have told her it is very difficult to sell property in Brooklyn Center. Councilmember Rosene said Ms. Wright has argued two good points - that she attempted to have the utilities shut off and that she has provided documentation of the property owner's death. He said it seems some adjustment should be made. He added when the Council had adjusted the utility base rates it had not foreseen a situation like this. He anticipates others might try to have rates lowered, but Ms. Wright's situation is unique so setting the precedent would not open the way for too many problems. He recommended the City establish a low rate for situations where only a Iittle water is needed. Councilmember Mann asked whether utility bills are broken down by consumption. The City Manager replied for water consumption they are and there is a minimum charge. He said there is no way to shut off the sanitary sewer. The Director of Finance said the City does not bill when all water is shut off. The charges are billed on a three -month period and this house used one -half the minimum during the three -month period. If any water was used inside the house, the sewer would also have been used, Many residents may feel they use less than the minimum but are paying their bills without complaint. Councilmember Rosene commented the other residents cited are still deriving benefit but in this case the owner is not. He said the City has an obligation to the residents of the neighborhood to allow the house to be marketable and to enhance the neighborhood by having flowers, which require water. He suggested reducing the rates or placing a cap on the amount of time to charge. The City Manager said a rate change would require evaluation. He advised the Council not to attempt to amend the ordinance and change rates at this time, but to just handle this situation and it can later be used as an example, Mayor Paulson asked Ms. Wright if she had received a letter from him. She said she had not received a letter but had spoken to him on the telephone, at which time he recommended she use the City Council meeting as a forum for her complaint. 5/9/94 - 14- Mayor Paulson advised the City Manager a letter should be sent, with copies distributed to Council members, The Director of Finance apologized for not rovidin copies of all his correspondence ' P 8 P p with M5. Wright. He said he feels his letters to Ms. Wright have been mischa.racterized and the Council will have a different understanding of them when they actually see the letters. Mayor Paulson stated the Council should let the ordinance stand and deal with this issue alone. He is aware of one other resident who has a complaint about an error on a utility bill. Councilmember Mann said it is unfortunate the utilities were not turned off. She could see that perhaps the Council should reconsider the rates in general but could not agree with making an exception for one individual. Councilmember Scott said she can certainly identify with Ms. Wright's situation as she has faced the same circumstance in attempting to sell a home in another suburb. She said it is a difficult situation but there are no policies to make adjustments and other cities operate in the same way as Brooklyn Center. Ms. Wright said there should not be a charge for services which are not used. She commented the City is not responsible to the Public Utilities Commission. Her greatest concern is the last two bills she received, She said she has no other avenue to pursue resolution of this matter. Councilmember Rosene said the fact that other communities do not make an exception does not mcan Brooklyn Center can't, and maybe Brooklyn Center should take the lead in thi.'i area. Councilmember Kalligher asked the City Manager what is the minimum charge. The City Manager said the minimum charge is 8 twits. There was a discussion of the breakdown of Ms. Wright's current bill. Councilmember Rosene suggested the Council table this item pending receipt of copies of correspondence and further study. Nis. Wright commented she works evenings and the Council meetings are always at night. Councilmember Kalligher said the Council could consider the matter at a study session and then notify Ms. Wright by letter, Mayor Paulson asked Ms. Wright to give the Council a chance to consider the issue further. He said the Council may change policy. 5/9/94 - 15 - Councilmember Mann agreed with the suggestion to table the matter until all communications and information can be reviewed. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to table the utility bill issue until a later date. The motion passed unanimously. Mayor Paulson informed the City Manager he would relay the name of the other citizen concerned with a similar issue. Mayor Paulson mentioned there is a Realtors Day planned soon at the Earle Brown Heritage Center at which City staff members will give presentations. It is hoped the perceptions about Brooklyn Center which negatively affect the housing market will be dispclled, Mayor Paulson declared a recess at 9:15 p.m. The meeting was reconvened at 9:25 p.m. CONSIDERATION OF PUBLI C ANNOUNCEMENT OF AGENDA ITEMS Councilmember Rosene repeated the use of cable television to announce the Council agenda is fine but he wondered whether there would be a possibility, considering timing, to have announcements in the newspaper. The City Manager said he would check on the matter. Councilmember Rosene asked if there might be any other methods of announcing the agenda. He suggested a sign outside City offices. The City Manager said Staff would study it. RESOLUTIONS - CONTINUED It was noted a Resolution Authorizing Execution of Willow Lane Park Playground Equipment Construction and Maintenance Agreement, Amending Improvement Project No. 1994 -31, and Apprnpriating Funds Therefor was removed from the agenda. LEGISLATIVE UPDATE Mayor Paulson asked the City Manager for a legislative update. The City Manager said it appears the TIF legislation went through, although the governor has not completed the vetoing process. He said it appears the major municipal bills will be enacted. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Establishing the Noruicast Transportation Corridor Task Force and Defining Duties and Responsibilities. The Director of Public Services reported there was another application for the task force which Council was not aware of on April 2S although it had been received that day, She also said John Davis had applied as a business rypresentative. There remains one vacancy on the task force and one vacancy for the chair. She added if someone from the task force 5/9/94 - 16- is chosen as chair, this will result in a position needing to be refilled. She said the Brooklyn Park City Council is in session at this time and will be appointing its members to the task force. The Director of Public Services said this resolution enables the task force. The task force will be asked to submit a report by June 27 on suggestions to reduce the cut - through traffic and by October 24 on long -term improvements. The Council may then dissolve the task force. Councilmember Rosene said the Council is requiring too much to ask the task force to report by June 27, He suggested changing this deadline to the middle of July. He, also said he supports the appointment of Charles L.enthe, Councilmember Kalligher asked whether the task force would be dissolved by October 24. The Director of Public Services replied that is the way the resolution is drafted. Councilmember Kalligher indicated the Council should not specify that date as the project might not be completed at that time. She also questioned whether the report due date should be changed to July. Mayor Paulson said the task force should be neutral and asked for the confirmation of Charles Lenthe as a Greater Neighborhood representative. Mayor Paulson said he prefers for the task force to select its own chair but it is a Catch -22 situation as then an additional member must be added, He recommended the Council allow the task force to select its own chair and vice - chair. Then, he said he would like to appoint AI Peters to fill the vacant position. He said Mr. Peters had contacted him by phone, and he is a recently etired business manager. He felt Mr. Peters would be a neutral party to balance the task force. S p Councilmember Kalligher asked in what capacity Mr. Peters would be appointed. Mayor Paulson said he would be appointed as the 13th member of the task force. Councilmember Scott asked how W. Peters would fit into the representation. Mayor Paulson said maybe Mr. Peters would fit into a completely different category as he would be a neutral party, Councilmember Mann commented Mr. Peters is unknown to the Council. She added the task force does not have any women. She also said the chair was to have been a neutral party, She said she would recommend Linda Smith to fill the position as a neutral party. Mayor Paulson said it is uncertain who Brooklm Park's appointees will be, so they might place a woman on the task force. 5/9/94 - 17- Councilmember Kalligher said W. Peters should have to go through the standard application process. Shc also said she is concerned there is no female representation on the task force and it doesn't matter what Brooklyn Park does on the issue, Mayor Paulson said an application can be obtained from Mr. Peters. Councilmember Rosene reminded the Council that Councilmember Mann had deferred appointment as City Council liaison of the task force to Mayor Paulson, but Mayor Paulson was unwilling to appoint himself, Councilmember Rosene inquired if he would be permitted to appoint Mayor Paulson as City Council liaison, He added if the issue is tabled it is delayed two more weeks, but if the appointments are confirmed the task force would be ready to begin work. Councilmember Kalligher said she would like to see Linda Smith appointed to the task force, Councilmember Scott agreed with the concern of no women being appointed to the task force. Shc said Ms, Smith has good credentials and experience to make a good addition to the task force. She said she agrees with the appointment of Charles Lenthe because he has completed the application process, but questioned Mr. Peters being appointed as he has not followed the procedure, Councilmember Kalligher said adding Linda Smith and Charles Lenthe would bring the task force back to an even number. Mayor Paulson commented the task force is an advisory body and a tie vote would just be a he Yote. Councilmember Kalligher suggested Mr. Peters be asked to submit an application. Mayor Paulson agreed to communicate this to Mr. Peters. Councilmember Kalligher said she would agree with Mr. Peters if he will complete the application process. RESOLUTION NO 94 -99 Member Burb Kalligher introduced the following resolution and moved its adoption with an amendment that the chairperson of the task force shall be, appointed by the task force from its membership: RESOLUTION ESTABLISHING THE NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, 519%94 Mayor Paulson said it means increasing the number by two at -large representatives. Councilmember Mann suggested since the task force is being enlarged and the Council had 14 excellent applicants perhaps all the applicants should be appointed, bring the rruiubt:1 to 15. Councilmember Kalligher asked whether that action had been taken with the Brooklyn Boulevard Task Force. Councilmember Mann responded affirmatively. Councilmember Rosene expressed concern the larger number of at -large representatives would result in a smaller proportion of Humboldt Avenue representatives. Councilmember Scott said the meeting will be open to everyone, whether or not they are a member of the task force, The motion passed unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher that Mayor Paulson serve as City Council liaison of the Northeast Transportation Corridor Task Force. The motion passed unanimously, with Mayor Paulson abstaining. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the mceting, The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:50 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secrctarial 519/94 Co mcil Meiling Date M3194 City of Brooklyn Center Ag.4 It. Number Request For Council Consideration • Item Description: 1994 Partnership Minnesota Cooperative Public Service Award for CO -OP Northwest Project Department Approval: Gerald G. Splinter, City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached In the first week of May, Partnership Minnesota, comprising people from state and federal agencies who see collaboration as a way to reinvent and improve how government addresses problems and serves the public, honored ten public - service collaborations in Minnesota. CO -OP Northwest received the award • this year for joint activities involving schools, municipalities, and other agencies in northwest Minneapolis suburbs. The award reads as follows: 1994 Partnership Minnesota Cooperative Public Service Award The Board of Directors of Partnership Minnesota hereby recognizes the City of Brooklyn Center for outstanding achievement in serving our citizens through the CO -OP Northwest Project Roger C. Olson Dean Larson Federal Co -Chair State Co -Chair Attached is an article titled "Ten public- service partnerships honored" which was published in the May 9, 1994, Minneapolis Star Tribune. Recommended City Council Action: Acknowledge and accept the 1994 Partnership Minnesota Cooperative Public Service Award. Ten pubficmservice 1, partnerships h } Last year's slogan about re- inventing is and ing government public and private voca heard less these days, but ef- tional services for people with forts to improve HIV illness, including AIDS. continue. Last week ernmens show and tell for 10 successful The shade tree, noncustodial collaborations in Minnesota. fathers, weather reporting and .: HIV projects were tailed na- Separately, it was also show tional models or firsts co-op and tell for a five -year expert- Northwest is demonstrating •, ment involving General Mills how suburbs jointly can tackle " and the Minneapolis schools, such community needs as mi- The Minneapolis Public nority police training and re- " School Academy, no longer- cruitment. The Minnesota - operating, got only a mixed Leonard North Dakota tourist center 10 review, but new Superinten- miles inside Minnesota pro- dent Peter Hutchinson wel- InSklp fides better service than either comed some findings last state could alone at-no increase " week by an outside evaluator in total cost. (see adjoining article). Sixty -six collaborations were nominated Honoring the 10 public -service successes the first awards and 21 six he second was Partnership Minnesota, comprising year. Some programs predated Partner. ship Minnesota, People from state and federal agencies a, but recognition helps fo- who see collaboration as a way to reinvent . Fus attention. and improve how government addresses problems and serves the public. Partnership Minnesota was launched by .' Now six years old, Partnership Minnesota promote and t celeb to innovation and co- has an annual daylong program to honor operation. As this year's awards demon - successfiil partnerships and to learn more strate, the partnership's concerns increas- about making partnerships work. It seeks ingly include local innovation. public- service innovation, much as Presi- dent Bill Clinton and Vice President Al Innovation, while desirable, often is diffi- Gore are pursuing a similar national goal. The director of the Clinton -Gore project, Bob Stone, spent the day listening to Min- As the he awards show, nesota's show and tell , then told the meet- ing that Minnesota is "doing those things Partnership we're talking about in Washington." Stone was a hero in the book "Reinventing Gov- Minnesota s concerns ernment" for achieving big improvements in managing the nation's military bases. increasingly include Among barriers to reform, he said, are local Innovation. defenders of the status quo: watchdogs more concerned with punishing mistakes than with gaining improvements; congress cult. University of Minnesota Prof. Paul sional committee chairmen who tend to Light, who studies government change, support present practices, and middle found that of 35 Minnesota innovations managers doing what they're trained to cited i n the e book .. do. Another barrier, he said, is govern- in en "eight have died n three are near ment organization itself. death. That suggests a need for better ways - Stone held up a vacuum tube and said the among sustain innovations during turnover nation's air controllers depend on 1940s vacuum tubes and outdated 1960s com- Sustainability was a problem that General r puters. Government red tape and require- Mills found with she Public School Acade- - ments block modernization, he claimed. my in north Minneapolis. The experiment That same day, Gore announced plans to sought to cut class size in half by having dismantle those barriers by spinning off classroom teachers do work otherwise per- air ; controllers star s- quoresponse, M Minnesota Congress- dent formed support een t soon B left S t run t the man James Oberstar, a subcommittee New York City schools. His successor, chairman, called it simply an effort to gain sin nt ce ousted, was less committed. There a reinveing government trophy. Last also was turnover affecting other adminis- year, Stone predicted the administration's trators. Teachers got less- than - expected ' innovation proposals would produce cyni- training. cism. The 10 Light warns about innovations that are , groups cooperating t c save an old -growth are never fully embraced by the o They • r forest on Lake Whitefish's Big Island; tion, never integrated into the miss on or , Minnesota and North Dakota tourist the bureaucratic structure," That would agencies operating a joint travel center; appear to be the case with the Public f' the Minnesota Shade Tree Advisory Com- School Academy; the system didn't warm mittee involving 80 organizations; the to expanding the academy idea to Minnesota Steering Committee for coordi- schools. nating wetlands restoration; and CO -OP Northwest, for joint activities involving The 10 award - winning collaborations ` schools, municipalities and other agencies aren't necessarily replicable in other set- in northwest Minneapolis suburbs. tings. Some may be, most probably aren't. Also, Minnesota Parents' Fair Share, an ide that different ag nc es a d licated is the groups can effort in Anoka and Dakota counties to creatively address shared problems. The r improve child support and parenting in- key is mutual benefit. — the kind that volvement by noncustodial fathers; Brain- underlies the pioneering cooperation be erd Community College and middle- tween Minnesota and North Dakota tour - school cooperation; weather reporting by ist agencies. Partnership Minnesota de- • 't public and private agencies; drug - preven- serves commendation for highlighting tion collaboration by six state agencies, such possibilities. Council Meeting Date 5/ 3 Qy of Brooklyn Center Agenda Item Number U Request For Council Consideration • Item Description: Charter Commission Certificates of Appreciation Department Approval: Gerald G. Splinter, City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached ^) This evening three Charter Commission members will receive Certificate of Appreciation plaques for service on the Commission. Those persons are David Hildebrandt, Susan Warner, and Everett Lindh. • Note: Resolutions recognizing these Charter Commission members are also on this evening's City Council agenda as a consent item. Recommended City Council Action: Mayor present plaques to Charter Commission members. • Couneil Meeting Date x} 5/23/94 31 City of Brooklyn Center Agenda Item Number / Request For Council Consideration • Item Description: Mayoral Appointments: Housing Commission Department Approval: �.�e A Gerald G. Splinter, City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached On March 15, 1994, John Kalligher resigned from the Housing Commission, creating one vacancy. Notice of vacancy on the Housing Commission was announced in the NorthWest News on April 11, • 1994, posted at City Hall and Community enter and aired on Cable Channel 37 from Aril 4, 1994 ty P through May 2, 1994 (see attached). Notice in the Brooklyn Center Sun -Post was to have been published; however, Brooklyn Center Sun -Post editor Karl Puckett resigned from Sun Publications, and at that time, no one had replaced him to receive the request. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and encouraging them to call Sharon Knutson if they are interested in applying for the commission (see attached). They were given the choice of either reapplying or having their application previously submitted be considered. Notices were also sent to present advisory commission members. On May 5, 1994, you received a copy of the application for appointment to the Housing Commission submitted by the applicant interested in serving on the Commission. Attached for City Council members only is the application from Maria Olek, 6612 Ewing Avenue North. For your convenience, attached is the Resolution Creating the Brooklyn Center Housing Commission and Defining its Duties and Responsibilities Therefor. Following is a table outlining the geographical distribution of the current members of the commission and the applicant. Note: Jon Perkins has also resigned from the Housing Commission, so he is not listed. The application process will be followed to fill the vacancy. Request for Council Consideration Page 2 Geog raphical Distribution Housing Commission Applicant and Current Members May 23, 1994 i Ne bo rh oods . Curr Members Southeast Todd Cannon 2206 Brookview Drive Northeast Northwest Ernie Erickson 68W Drew Avenue North West Central Robert Torres 4501 Winchester Lane Keith Tuttle 5827 Drew Avenue North n e tr 1 C a _:....:> :::<:...... :< «;<«: >:; Vin 12 York n h 66 2 E t# v tae N.� :::: : 60 o Ave ue North <.. Ka m Car Y 6312 Br ld n Driv e 0o Y Southwest Neal Nelson 3519 53rd Place Recommended City Council Action: Appoint one person to the Housing Commission to fill the unexpired term of John Kalligher which will expire on 12/31/96. CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER HOUSING COMMISSION Notice is hereby given that a vacancy exists on the Brooklyn Center Housing Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to housing. The Housing Commission meets on the 2nd Tuesday of each month at 7 p.m. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS MAY 2, 1994. [Posted at Brooklyn Center City Hall and Community Center April 1, 1994] [Published in the Northwest News April 11, 1994] �i CHANNEL #37 ANNOUNCEMEINTS CITY OF BROOKLYN CENTER DATE: DEPARTMENT: fld m, an CONTACT PERSON: S k r n �< n }T,6 n DATE ANNOUNCEMENT ON DATE ANNOUNCEMENT OFF l r )qq GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR �2c Please list the announcement as you would like it to appear: COMMISSIONER NEEDED BROOKLYN CENTER HOUSING COMMISSION FOR INFORMATION & APPLICATION CALL SHARON KNUTSON AT CITY HALL 569 -3300. DEADLINE TO APPLY IS MAY 2, 1994. FINAL APPT. BY MAYOR & COUNCIL RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL REVISED 4/92 Apri 1 1, 1994 NoRTHWEST NEws New restaurant at Earle Brown Tickets on Sale for 1991 Heritage Center selects chef e � Skinner says that he expects Earle's to become "an exciting show- - +, u = case for food products native to the Midwest, carefully prepared and ` served in a warm and inviting din- `"-- ing environment." Menus will t r change to feature seasonal fare. Earle's will be located in the Inn on the Farm, the Heritage Center's W U bed and breakfast /country inn. €� Dinner will be offered ee Friday nda and Y Tickets are. now on sale for the 1 Saturday evenings only. Reserva- June 6-12, atEdinburgh USAGolfCourse in'. tions are required. best professional women golfers. Anative ofNorthbrook, Ill., Skin - Hirorrii Kobayashi, defending champion neris a 1993 Honors Graduate of the retumtosquareo ffagainstanoutstanding 14 C School of Kendall College. Earle's, a new special occasion g own Cindy Rarlck, who lost to Kobayashi restaurant openingApril 15 at Earle Evanston, IL., where he won the tournament. Brown Heritage Center, has named Escoffier Award for Culinary Excel - Golf fans in the Minnesota area can take Steven W. Skinner head chef. lence and the Albert R. Furbay Out- for the 1994 Minnesota LPGA classic by buy The announcement was made by standing Student Award. The Clubhouse Badge includes admissi( Judith Bergeland, Heritage Center He has also been awarded a clubhouse all seven days of the toumarnerr General Manager. 'We plan to provide - Silver Medal by the American Culi- official toumamentprogramfor just$75. The a dining experience that is completely nary Foundation and a Bronze May 6, new to the metropolitan area," said Medal from the National Restau- A Season Badge sells for $40 and inclu Bergeland, adding that Earle's will of- rant Association. grounds all seven days of the tournament a= fergourmetcountrycuisiminacharrn- Prior to entering Kendall Col - value (based on daily ticket prices), the seasc ing historic setting. lege, Skinner was employed by the The Flex book costs $100 and contains 1C CurrentlywithD'AmicoCucina, Park Ridge (IL.) Country Club, the (a$130 value) and ato entprogram.Th, Skinnerwillbe responsible formenu Twin Orchard Country Club, Long Good-Any-Day tickets are $13 each and development, food preparation and Grove IL., and Annabell's Fish Mar grounds on any one day of the tournament as service for Earle's. ket, Wilmette IL., and Hotel Nikko, program. Forthei3rsttime, Student Good-Any Chicago, I1. The new Studentticketsprovide guests l7ani Notice - of Vacancy: a tournament progranti,Childr'en six and ur Brookly Ho using Conunission Mo - n daily tickets at the gate are . � Mon., J une 6 ` ` ; Practice Round and Pro- Notice is hereby given that the persons can obtain an application Tues., June 7 Shootout Junior Clinic rooklyn Center Housing Commis- at Brooklyn Center City Hall, 6301 Wed., June 8 Pro -Am, Day One has one vacancy. The general Shingle Creek Parkway, Brooklyn 'Ihurs., June 9 Pro - Am, Day Two ose of the Commission is to act Center or call Deputy City Clerk Fri., June 10 First Round ofTournam in an advisory capacity to the City Sharon Knutson at 569 - 3300. Fi- Sat, June 11 'Second Round ofToum. Council on issues related to,hous rial appointment will be made . : Sun ,;Jun�12 final ftounc�ofToumarr_ ing,. „The.: Housing" .Commission the Mayor and City Council: Appli- Tournament parking is free. There is a m meets, on the second Tuesday of cation Deadline is May 2, 1994. and from parking - areas,_ each month at 7:00 p.m. Interested Tickets, as well as corporate entertainmer _ fcr_fhe.Mina�c�ta- r.PI =A lnlsm+.� s.... s.,�,to1.7e CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 April 1, 1994 Dear Advisory Commission Applicant: The Brooklyn Center Housing Commission has one vacancy due to a resignation by one of the members. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of the vacancy to inquire if you continue to have an interest in serving on one of Brooklyn Center's advisory commissions. Please call me at 569 -3306 if you are interested in applying for the Housing Commission. The Mayor and City Council will be appointing commissioners sometime in late -May. Thank you. Sincerely, - Sharon Knutson Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members n Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger 3509 66th Avenue North 6107 Perry Avenue North 2619 65th Avenue North I t klyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Mr. Lee W. Anderson 5107 East Twin Lake Boulevard 5701 June Avenue North 5344 North Lilac Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Scott Malcolm Mr. Noah Bridges Mr. Charles W. Gustafson 7018 Fremont Avenue North 6712 Emerson Avenue North 3801 66th Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Ms. Dorothy Stiele Mr. Mark Yelich Mr. Duane Betker 3349 49th Avenue North 1721 Irving Lane North 7025 Knox Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Mr. Richard Campbell Mr. Jack Kelly Ms. Charlotte Nesseth 4521 Kathrene Drive 6129 Scott Avenue North 4225 66th Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 0 Mr. Robert Tombers Mr. Neng Yang 5310 France Avenue North 4306 63rd Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 5529 0 RESOLUTION NO. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92 -136 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise, investigate and review relevant matters for the City Council. (2) Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. (3) Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. (4) Work closely with the Planning Commission and all other commissions on matters regarding housing. (5) Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. (6) Develop and recommend standards for occupancy and maintenance of housing for the community. (7) Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. (8) Investigate new and innovative concepts in housing for the community. (9) Develop and recommend programs which will provide quality housing for low and moderate income citizens. (10) Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. (11) Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. (12) Investigate all housing programs in terms of life safety. (13) Provide education seminars for the citizens of Brooklyn Center in matters of housing. (14) Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12- 1202 and 12 -1203. (15) Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. -2- Subdivision 5. COMPOSITION: The Commission shall be composed of a 0 Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE— REMOVAL: Chairperson The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within* two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the Ci ty Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. Vice Chairperson A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. -3- In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest me est No Commissioner shall take P art in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Initial Appointment The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations— Removal from Office — Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Notices of vacancies shall be posted for 30 days before any official City Council action is taken. Vacancies shall be announced in the City's official newspaper and notices of vacancies shall be sent to all members of standing advisory commissions. Applications for Housing Commission membership -4- must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk who shall forward copies of the applications to the Mayor and City Council. The Mayor shall present at a regular City Council meeting the nominee for Housing Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee. Compensation Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. -5- West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI- 94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. -6- , Ilia ll Alva Poll, d ;0 00 1 C_ � tC_��3 .u, 1«rii°� — •t � \ �� ��J.I �� L_ JL_ LJEJ —_JL � U__ if rip rill Lj ~ � t t' ..`.; 4 • _ • �; �_ ai�ALrr � '' � r �� � �C IF ) �i>' * • L —.Jl i � t � M LJ �, • � . • _ /'� �;\\\ �� � . �.> —ma .,...x_: cr tl �� t �..,��i ,t ��sl�, J�� _ - ] •��� -� � � � ICa�Ca.JL ,.i ...' ��� I 1 �Li� �L_;. �1]I\ ' � \ \ \�� - �����'•��� ? Co 1 A Lil Y C II v (l ..: i.,n :., .�� � r«•i ' n, «owl I �...xA... I l o -- � I \\ � x, 1� I I I 1 I I i' 1111 11 I, I i I I _ I ,,,JJJ — �T - II �-. � Il����lu�i)( 1111�s�1l, strr�tll{ tltf, �l�s��tlul l,lsf)rsll�l {111;u1)l, {,sslttta Co mil Meeting Date 5/23/94 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: Mayoral Appointments: Shingle Creek Watershed and West Mississippi Watershed Commission Department Approval: Gerald G. Splinter, CYty Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) At its January 24, 1994, meeting, the City Council discussed the process to be followed to appoint a commissioner and an alternate commissioner to both the Shingle Creek Watershed and West Mississippi Watershed Commission. It was Council consensus to direct staff to follow the same type procedure as outlined for appointments to advisory commissions. Official notice was published in the Brooklyn Center Sun -Post on February 2, 1994, and in the NorthWest News on January 31, 1994, and posted at City Hall and Community Center from January 25, 1994, through February 21, 1994. The City has received two applications: one from City Engineer Mark Maloney and one from Director of Public Services Diane Spector. No other inquiries regarding these commissions were received. Recommended City Council Action: Appoint City Engineer Mark Maloney and Director of Public Services Diane Spector to serve as commissioner or alternate commissioner on the Shingle Creek Watershed and West Mississippi Watershed Commission. CITY OF BROOKLYN CENTER Council Meeting Date May 23, 1994 Agenda Item Number �0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: A PROCLAMATION DECLARING MAY 23 THROUGH MAY 30, 1994 TO BE BROOKLYN CENTER BUCKLE UP AMERICA! WEEK. DEPT. APPROVAL: Trevor A. Hampton, Chief Police MANAGER'S REVIEW /RECOMMENDATION: A, 01 '. a, T * * 4 nFM No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached no) t Buckle Up America! Week is a life - saving opportunity to encourage the community to observe the week with appropriate programs, ceremonies and activities to increase the use of safety belts and safety seats. We join with others across the country to proclaim our support for the efforts of enforcement agencies to increase compliance with state occupants protection laws and to encourage part -time safety belt users to become full -time users. RECOMMENDED CITY COUNCIL ACTION The City Council proclaim May 23 through May 30, 1994 as Brooklyn Center Buckle Up America! Week. PROCLAI�fATION DECLARING MAY 23 THROUGH MAY 30, 1994, AS BUCKLE UP AMERICA! WEEK WHEREAS, May 23 through May 30, 1994 has been declared Buckle Up America! Week; and WHEREAS, Motor vehicle crashes are the greatest single cause of death in the United States for every age from six to thirty -three years old; and WHEREAS, The lives of 5,226 front -seat occupants over four years old were saved by safety belts in 1992; and WHEREAS, When used, lap and shoulder belts reduce the risk of fatal or serious occupant injury to front seat passengers by 45 to 55 percent; and WHEREAS, Alcohol- related fatalities peak during the summer driving season; and WHEREAS, One of the best defenses against the drunk or drugged driver is the use of safety belts combined with air bas or child safety seats; and WHEREAS, Those drivers who use their safety belts only on long trips or highway driving should know that three out of four crashes occur within 25 miles of home; and WHEREAS, Forty -six states, the District of Columbia, Puerto Rico and the U.S. Territories have enacted safety belt use laws, and all 50 states, the District of Columbia, Puerto Rico and the Territories have enacted laws requiring the use of child passenger restraint systems; and WHEREAS, Through continued public awareness, education and enforcement of safety belt laws and usage, death and serious injury can be significantly reduced; and WHEREAS, Buckle Up America! Week provides communities and organizations an opportunity to join together to work toward increasing the correct use of safety belts and child safety seats by focusing public attention on the life- saving benefits of these systems, automatic belt systems and air bags; NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim May 23 through May 30, 1994, to be Brooklyn Center Buckle Up America! Week. Date Mavor Attest: Deputy Clerk Council Meeting Data 5/23/94 3 City of Brooklyn Center Agw& Item Number-/la-1- Request For Council Consideration is Item Description: An Ordinance Amending Chapter 6 Regarding the Administrative Code Department Approval: Gerald G. Splinter, City Manager Managers Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) At its April 25, 1994, meeting, the City Council passed a Resolution Adopting Administrative Organizational Structure as Recommended by the Financial Commission. The resolution passed first reading of An Ordinance Amending Chapter 6 Regarding the Administrative Code. This evening is the public hearing and second reading of the ordinance amending the administrative structure to reflect the new organizational structure. Recommended City Council Action: It is recommended the City Council open the scheduled public hearing, take any comments relative to the ordinance amendment, and then close the public hearing. It if further recommended to pass final reading of An Ordinance Amending Chapter 6 Regarding the Administrative Code. 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of May , 1994, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 6 Regarding the Administrative Code. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569- 3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 6 -102. ADMINISTRATIVE ORGANIZATION. The administrative services of the City shall be divided into the following departments and offices and heads thereof, and said departments, offices,, and positions are hereby created: City Manager's Office . . . . . . . . City Manager Deputy City Manager City Clerk's Office . . . . . . . . . City Clerk Deputy City Clerk [City Assessor's Office . . . . . . . City Assessor] [Deputy City Assessor] [Department of Finance] [ /City Treasurer's Office . . . . . . Director of Finance /City Treasurer] Department of Financial Services /City Treasurer's Office . . . . . . Director of Financial Services /City Treasurer Deputy City Treasurer [Department of Public Works . . . . . Director of Public Works] Department of Public Services . . . . Director of Public Services Department of Police . . . . . . . . Chief of Police Department of Community Development Director of Community Development [Department of Parks and Recreation - Director of Recreation] Fire Department . . . . . . . . . . . Fire Chief [Municipal Liquor Facility . . . . . Liquor Stores Manager] [ Section 6 -109. FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE OFFICE OF THE CITY ASSESSOR. The office of city assessor shall be administered by the city assessor who shall be responsible to and appointed by the city manager. The city assessor shall have duties and responsibilities in connection with determining and establishing the valuation of taxable property, keeping and maintaining records consistent therewith, and such other duties 'and responsibilities as may be assigned by the city manager.] ORDINANCE NO. [ Section 6 -110. DUTIES AND APPOINTMENT OF DEPUTY CITY ASSESSOR.] [6- 110.10. Duties. The deputy city assessor shall, in the absence of the city assessor, perform all duties normally performed by the city assessor.] [6- 110.20. Appointment. The deputy city assessor shall be appointed by the city manager.] Section 6 -111. FUNCTIONS OF THE DEPARTMENT OF FINANCIAL SERVICES [FINANCE] /OFFICE OF THE CITY TREASURER. 6- 111.10. Financial Records and Accounts The department of financial services [finance] shall maintain all city accounts and develop all reports required by law or requested by the city manager, and shall maintain and store the official city records of all revenue collections, disbursements, and deposits. 6- 111.30. Municipal Liquor Facility. The function and operation of the municipal liouor facility shall be as set forth in Chapter 11 Section 201 through 205 of the City Ordinances Section 6 -112. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF FINANCIAL SERVICES [FINANCE] /CITY TREASURER AND DEPUTY CITY TREASURER. 6- 112.10. Responsible to City Manager The director of financial services [finance] /city treasurer shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and administration of the department of financial services [finance] and city treasurer's office. Section 6 -113. ORGANIZATION AND FUNCTIONS OF THE DEPARTMENT OF PUBLIC SERVICES [WORKS]. 6- 113.10. Organization. The department of public services [works] shall be composed of a director of public services [works] and the following divisions and division heads: Engineering Division . . . . . . . City Engineer Street Division . . . . . . . . . . . Superintendent of Public Services [Works] Public Utilities Division . . . . . . Superintendent of Public Services [Works] Parks Maintenance Division . . . . . Superintendent of Public Services [Works] Government Buildings Division . . . . Maintenance Supervisor Recreation Division . . . . . . . . . Recreation Director ORDINANCE NO. 6- 113.20. Function. The primary function of the department of public services [works] shall be the planning, coordination, and supervision of all public services [works] projects and maintenance and operation of existing public services [works] facilities within the City. 6- 113.30. Engineering Division. The engineering division shall be responsible for the planning and design of new public services [works] facilities within the City. 6- 113.80. Recreation Division. The recreation division shall be responsible for the acquisition and development of all public park property within the City and shall develop and implement a public recreation program. 6- 113.[80] 90. Reports and Records. The department of public services [works] shall prepare such reports as may be requested by the city manager and shall maintain the special assessment record in accordance with procedures recommended by the director of financial services [finance]. Section 6 -114. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF PUBLIC SERVICES [WORKS] AND DIVISION HEADS. 6- 114.10. Responsible to City Manager. The director of public services [works] shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and operation of the department of public services [works]. 6- 114.20. [ Engineering Advisor. Budget, [The director shall be the engineering advisor to the city manager and shall advise the city manager on all matters pertaining to public works.] The director shall advise and assist the city manager in preparation of the public services [works] portion of the annual budget. 6- 114.50. Engineering Advisor. The city engineer shall be the engineering advisor to the city manager and shall advise the city manager on all matters pertaining to public services. 6- 114.60[50]. Division Heads. The city engineer, the superintendent of public services, [works and] the maintenance supervisor and the recreation director shall be under the supervision of and responsible to the director of public services [works] and shall perform such tasks as the director may from time to time assign. Section 6 -117. FUNCTION OF DEPARTMENT OF COMMUNITY DEVELOPMENT. The department of community development shall be responsible for City assessing community planning, administration of the zoning and sign ordinances, administration and enforcement of housing maintenance and building ordinances and policies adopted by the City, economic development, economic redevelopment, and the Earle Brown Heritage Center. ORDINANCE NO. [ Section 6 -119. FUNCTIONS OF THE DEPARTMENT OF PARKS AND RECREATION. The department of parks and recreation shall supervise the acquisition and development of all public park property within the City, and shall develop and implement a public recreation program.] [ Section 6 -120. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF RECREATION.] [6- 120.10. Responsible to City Manager The director of recreation shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and operation of the department of parks and recreation and the golf course.) [6- 120.20. Parks and Recreation Advisor. The director shall be the parks and recreation advisor to the city manager and shall advise the city manager on all matters pertaining to park development and the program of public recreation conducted by the department. The director shall also, as assigned, advise relevant City advisory commissions on matters relating to the parks and recreation function.] [6- 120.30. Budget. The director shall assist the city manager in the preparation of that portion of the annual budget pertaining to recreation.] [6- 120.40. Additional Duties. The director shall perform such additional duties as may be assigned from time to time by the city manager.] [ Section 6 -122. FUNCTION AND OPERATION OF THE MUNICIPAL LIQUOR FACILITY. The function and operation of the municipal liquor facility shall be as set out in Chapter 11, Section 201 through 205 of the City Ordinances.] [ Section 6 -123. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF LIQUOR STORES MANAGER.] [6- 123.10. Responsible to City Manager The liquor stores manager shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and operation of the municipal liquor operation. The liquor stores manager shall be responsible for the supervision and training of liquor store P ersonnel.] [6- 123.20. Advisor. The liquor stores manager shall advise the city manager in regard to the operation of the municipal liquor operation and recommend policy in regard to such operation.] [6- 123.30. Additional Duties. The liquor stores manager shall perform an additional y 1 that may be assigned from time to time b y g the ci Y manager.] ORDINANCE NO. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1994. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date /23/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, RLS NO. 1377, 2700 FREEWAY BOULEVARD (SECOND READING, PUBLIC HEARING AND ADOPTION) DEPT. APPROVAL: Mark J. Malo ey i Engineer MANAGER'S REVIEW/RECOMNIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • On April 25, 1994, the City Council ordered the publication and public hearing to be held on May 23, 1994, for the vacation of the above subject sanitary sewer easement. The proposed vacation of the easement was published in the Brooklyn Center Sun -Post on May 4, 1994. The private utility companies serving the area have filed no objections to the the proposed vacation. RECOMMENDED CITY COUNCIL ACTION The attached ordinance is offered this evening for a second reading, public hearing and adoption. i i lb CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of May, 1994 at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part Of A Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, REGISTERED LAND SURVEY NO. 1377 2700 FREEWAY BOULEVARD THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That the portion of the sanitary sewer easement obtained by the City via Doc. No. 1103791 described as: A 20 foot wide strip of land, the centerline of which is described as follows: Commencing at the most southerly corner of Tract A. Registered Land Survey No. 1377, thence North 27 degrees 00 minutes 00 seconds East assumed bearing along the easterly line of said Tract A a distance of 284.33 feet: thence North 39 degrees 36 minutes 00 seconds West a distance of 34.52 feet to the point of beginning of the centerline to be described: thence continuing North 39 degrees 36 minutes 00 seconds West a distance of 25.00 feet and there terminating is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication Effective Date 77 , 69T H. - - -- " y ► ql ®� owc - -- PL. 1. ?•1 , ' W N rn II ti 68TH. AVE. ' `' ti rn I RD --- -- — ; '�;i - 68"IZ POR O EASEMENT NO. 110 791 67-rH. A rn C=— � BE VACATED E N �y 41 - cn T ILT- 7 - 66TH. — AP N o, OUARL S RD , -- 1 -- 6 � � ` � 6TH. AVET N. 65TH. AvE. P� z - 6q - - _ -- N ' y , ; �, BRIG ' POE 0 / , ♦„'� `� x 0'H NRY D. -- — �� ` :��;:LL`NTRAG� \>: PAAW X 7 \ , ` AVE. N. AVE 63RD N. ` `\ , < \ >, ; ` ` ,r CITY - ua HASH RD %�.} ; X ,x x X, ;x % : ; �\ fact \/. X n Y ti A� �.; \ X \X, ` ^'�.A.' /� ♦f ' .'�`` ✓ CITY \, `�; ` . ♦ k HFN CIO. i Council Meeting Date 5/23/94 3 City of Brooklyn Center Agenda Its Number Request For Council Consideration Item Description: Initial Application for Private Kennel License at 6421 Bryant Avenue North Department Approval: _ Gerald G. Splinter, City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) Chapter 1 of the Brooklyn Center City Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for Rl and R2 purposes on which three or more dogs or four or more cats six months old or older are kept or harbored as pets and not for selling, boarding, showing, • treating, grooming, or other commercial purposes. Section 1- 105.5b requires the city manager to approve or deny the application based on the Public Health Sanitarian's report and written comments by the applicant and any affected persons, and Section 1- 105.5c outlines the standards for approval. Section 1- 105.5b reads, "within fourteen (14) days after the notice of the city manager's decision is mailed to area property owners, the owner or any other affected person may request a hearing before the city council to show cause why the city manager's decision should be changed." The i manager c t y denied the application for private kennel license submitted b Jana Roberts; however, PP P Y she has until December 31, 1994, in which to come into compliance with City Ordinances which allow for not more than three cats on her premises. Consequently, she has requested a hearing before the city council to show cause whey the decision should be changed. Following is a calendar of events from receipt of application to request for public hearing: March 9, 1994 • Received application for private kennel license to keep four cats from Jana Roberts, 6421 Bryant Avenue North. March 31, 1994 • Sent memorandum to Police Chief Trevor Hampton requesting a records check to verify • any complaints on these cats. • Sent memorandum to Building Official Clay Larson requesting a sanitation inspection be completed and a recommendation be submitted. Mr. Larson was unable to coordinate an inspection. • Mailed notice of receipt of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5a of the Brooklyn Center City Ordinances. • Sent letter to applicant informing her of the City's receipt of her private kennel license application and notifying her that notices have been mailed to property owners within 150 feet of her property. April 4, 1994 0 Received report from Police Chief Trevor Hampton regarding records check. April 12, 1994 • Received a written response from an area property owner requesting the private kennel license not be issued. April 25, 1994 • City manager sent letter to Ms. Roberts denying application for private kennel license. • Mailed notice of denial ' of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5b of the Brooklyn Center City Ordinances. May 4, 1994 • Received letter from Ms. Roberts requesting a public hearing before the city council as allowed by Section 1- 105.5b. Applicant also requested all documents pertaining to her private kennel license application. May 6, 1994 • Sent letter to Ms. Roberts including all documents pertaining to her private kennel license application. May 10, 1994 • Mailed notice of public hearing to owners of property within 150 feet of the applicant's property. • Sent letter to Ms. Roberts including the public hearing notice which was mailed to area residents. May 18, 1994 • Public hearing notice was published in the Brooklyn Center Sun -Post. • Recommended City Council Action: Render a final decision reversing, affirming, or amending the decision of the city manager to deny a private kennel license application to keep four cats submitted by Jana Roberts, 6421 Bryant Avenue North. If the city council chooses to affirm the decision of the city manager to deny a private kennel license, the council should include in the motion that the applicant has until December 31, 1994, to come into compliance with City Ordinances which require no more than three cats on the premises. CHAPTER 1 - ANIMALS Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. Animal means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At large means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel. Commercial Kennel means any place limited to C2, I -1 and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. S. Family. Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; c. A group of not more than five (S) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. Dog Licenses. No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services, Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late enalt described herein shall Y 11 be as set forth b City y y resolution. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as set forth by City Council resolution, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds, Prorating and Transfers No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter P r 23 of Brooklyn C p yn enter Ordinances notwithstanding. No license required hereunder shall be transferrable. Section 1 -104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Dog License The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 1 -105 2. Issuance of Dog License Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost DoR License If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrendering the license payment receipt and by paying the charge for a duplicate license as set forth by City Council resolution. 4. Application for Commercial Kennel License a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. C. Council Approval. The City Council may approve the commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. 1 -105 d. Renewal of License. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. 5. Application for Private Kennel License a. Initial application for a private kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction operation, and the approximate number o P pp r f animals to be confined therein, together with their age, breed, and sex. Proof of current rabies vaccination and City dog license for each animal and the applicable license fee must accompany the application. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. b. Consideration Process. A private kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to area property owners, the City Manager or the City Manager's designee shall review the Public Health Sanitarian's report, consider written comments by the applicant and any other affected persons, and either approve or deny the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause why the decision should be changed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. 1 -105 C . Standards for Approval The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Manager may deny a private kennel license upon finding that the establishment of the kennel would constitute a public nuisance or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be a memorandum of approval from the City Manager outlining any conditions necessary to insure compliance. d. Renewal of License. A copy of the private kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Manager, the license shall be renewable as set forth in this subdivision. e. License Revocation In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A Part 3 Section 3 P .100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any person or property. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated P g d pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The City Manager or the City Manager's designee may waive the late - license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, license P y, shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more than $700 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. APPLICATION FOR PRIVATE KENNEL LICENSE CITY OF BROOKLYN CENTER, MINNESOTA TO THE HONORABLE CITY COUNCIL Date: - 7, 1. Applicant's Name and Telephone Number L vhn (Last, First, Middle) I (Telephone Number) 2. Applicant's Address Al21 e SIN s�3 (Number, Street, City, State, ip Code) 3. Address or Legal Description of Proposed Kennel 6-1 - 4a—w- Z A ve N eenh� AA :�� 4. Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this on the application. n f DrS D dD 5. Indicate number of animals to be confined within the proposed kennel, together with their age breed and sex. SA c/ 7 vr P /��r fa�h F�P�m /_ - Sp yi d d f 7 ,ors Fe�i n e Dom w� ��✓ al - /i/ SAirirf �l,lrs re% -rb6v Fema - le v _�✓'1 y ir 6 6 n G Db*"es h - T *-! ,, shell ) male - spa ped re g Y 6. PLEASE NOTE: Proof of current rabies vaccination and City dog license for each animal and the license fee in the amount of $30.00 must accompany this application. Signature of Applicant PLEASE RETURN COMPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. DO NOT WRITE BELOW THIS LINE New License Renewal License License Period through License Fee Received VACCINATION RECORD RABIES VACCINATION CERTIFICATE Name. *-- NASPHV Form 450 Rabies Tag Number 2 RABIES Owner's Name &Address Print —use ball point pen or ty e J � PRINT -La CANINE CORONAVIRUS s F' M.I. Telephone (Killed virus) ±011 5310- 9 No. (p Street 0 City State Zi = CANINE DISTEMPER jAges/ V �1'0 j 5 a CANINE PARAINFLUENZA Species: Sex: Size: Predominant Breed: Colors: - CANINE ADENOVIRUS 2 Dog ❑ Male mo. to 12 mo . [I Under 20 lbs. CANINE PARVOVIRUS Cat li Femalmo. or older 20 - 50 lbs. ❑ Dom = LEPTOSPIROSIS Over 50 lbs. ❑ Canicoia icterohaemorrhagis Name - FELINE LEUKEMIA Producer: ❑ 1 yr. Lic./Vacc. ) G) Cr3 3 ( EL1NE PANLEUKOPENIA (First 3 letters) er l C[ // !! � FELINE 11 3 yr. LicdVacc. Vacc. Serial (lot) No. RHINOTRACHEITIS For Licensing Agency Use �; ? DATE VACCINATED: • . �! FELINE CALICIVIRUS License No. Year •, �'r Veteri s: " r • _ FELINE PNEUMONITIS 19 "�7rAio9ns o. �`' a 3 (Chiamydia) 19 Month Da 19 - LYME DISEASE Day Sigr38tLtN K A'i 1 l i� A L J r , 19 — Other VACCINATION EXPIRES: 7508 JOLLY LANE Change ❑ Add ❑ Q BKLYN PK. MN.5542 Control No. t 7 � Month Day 19 UtG�"tG� White: Owner Copy, Pink: Veterinarian Copy, Yellow: Agency Copy RABIES VACCINATION CERTIFICATE VACCINATION RECORD c NASPHV Form X50 Name �J/ Rabies Tag Number — 7- Owner's Name & address Print — use ball oint pen or type ���r7 RABIES PRINT . Last 1 ��� First C n.l. Telephp - CANINE CORONAVIRL L _G (Killed virus) CANINE DISTEMPER r� � V � ` - CANINE PARAINFLUE' Species: Sex: Age: Size: Predominant Breed: colors: rho Dog ❑ Male ❑ 3 mo. 12 mo. ❑ Under 20 Ibs - CANINE ADENOVIRUS Cat Female 12 -no. or older 2 I - CANINE PARVOVIRUS ver 50 !bs. — { - LEPTOSPIROSIS Name x , T I i Canicola Icterohaemorrr - FELINE LEUKEMIA Producer: ' ❑ 1 yr. Lic.;Vacc. ��'^ S�' FELINE PANLEUKOPEi (First eaters) Cth r ❑ 3 yr. Uc.iVacc. FELINE �lacc. Serial dot) No. RHINOTRACHEITIS For Licensing Agency Use License No. y ear , DATE VACCINATED: FELINE CALICIVIRUS c NO _ f Veterin an 7 = FELINE PNEUMONITIS t9 9 / I ./ (Chlamydia) L � 9 Month Cay i Signature ME DISEASE 9 Other VACCINATION EXPIRES: n I Change ❑ Add ❑ i � ' ' 9J Control No. Month Day White: Owner Copy, P-nK: Vetenraran Copy, Yeilcw: Agency Ccoy RABIES VACCINATION CERTIFICATE VACCINATION RECORD NASPHV Form #50 Rabie Tag Nu ber Name &Y1 1 t Owner's Name & Address Print — use ball point en or t e �� RABIES PRINT List .1.� M.I. ne E: CANINE CORONAVIRUS )� (Killed virus) No. tr et� On �1 C.. ( Zffg C r� v City / 1 Y1 tat (, 2 CANINE DISTEMPER Species: Sex: Age: Y 1 1 �-{ Size: G. ❑ CANINE PARAINFLUENZA Dog C3 Male 3 m Under 20 lbs. o. to t2 mo. Predominant Breed: Colors: y ❑ CANINE ADENOVIRUS 2 ❑ L,. )-- G Cat Female ❑ 12 mo. or older 20 -50 lbs. ❑ C G CANINE PARVOVIRUS Over 50 lbs. ❑ LEPTOSPIROSIS Name Canicola Icterohaemorrhagi. FELINE LEUKEMIA Producer: (First 3 letters) ❑ FELINE PANLEUKOPENIA n cc. (�, c. th_ er ` 7- FELINE For Licensing Agency Use Vacc. S (lot) No. RHINOTRACHEITIS License No. Year DATE VACCINATED: E: FELINE CALIGVIRUS " Vetva s: t9 2 9 �� , V�� s. o_ El FELINE PNEUMONITIS ,g tg % � ;,y '" (Chlamydia) t g Month Day x Sig rrturgl( N A { H QS E TA L + 0 LYME DISEASE Other VACCINATION EXPIRES: m 7, 508 JOL L Y LANE c Change ❑ Add ❑ Q Control No. a i.KLYN PK, MN.554, Z i n n Month Day X12- 425 -3060 at r White: Owner Copy, Pink: Veterinarian Copy, Yellow: Agency Copy RABIES VACCINATION CERTIFICATE VACCINATION RECORD Name �Y1C �� :�j NASPHV Form #50 R bie Ta Nu er Owner's Name & Address Print — use ball point pen or type f C RABIES PRINT ya fit M I Ted e G CANINE CORONAVIRUS �°� t �� (Killed virus) 1 a it / _ C CANINE DISTEMPER No. ye� � I CC% Q �J� 1 2� t �fe � �-�� � -7 CANINE PARAINFLUENZA Species: Sex: Ag I Size: Predominant Breed: Colors: CANINE ADENOVIRUS 2 Dog 71 m Male ❑ 3 2 o. Under 20 lbs. f Cat Female l2 older 20- 50 1bs. �^ E CANINE PARVOVIRUS ❑ Over 50 lbs. ❑ LEPTOSPIROSIS �;(; ! Canicola Icterohaemorrhagi� Name FELINE LEUKEMIA Producer: (First 3 letters) L O 4 th 1` er Z,L-� FELINE PANLEUKOPENIA n = FELINE For Licensing Agency Use Vacc. Serial (lot) No. RHINOTRACHEITIS License No. Year DATE VACCINATED: Veterina( 's: FELINE CALICIVIRUS 19 � �) License No. FELINE PNEUMONITIS � - 2 � 19 `�" �^ �!► �,� (Chlamydia) 19 Month pay tt " "+ LYME DISEASE Other Signature r, ,g 108 JOLLY LANE - VACCINATION EXPIRES: N —_ Change ❑ Add ❑ �BKLYN PK. MN. 55429 Control No. g 12- 425 -308 Month pay 0 White: Owner Copy, Pink: Veterinarian Copy. Yellow: Agency Copy MEMORANDUM TO: Trevor A. Hampton, Chief of Police ,o- FROM: Sharon Knutson, Deputy City Clerk DATE: March 31, 1994 SUBJECT: Private Kennel License Application for 6421 Bryant Ave. N. On March 11, 1994, I received an application for a private kennel license from Jana Lynn Roberts, 6421 Bryant Avenue North, to keep four cats. According to City Manager Jerry Splinter, a records check must be completed to verify any complaints on these cats. Please check your records for complaints and send the report to me by April 8, 1994. Thank you for your cooperation. MEMORANDUM TO: Clayton Larson, Building Official FROM: Sharon Knutson, Deputy City Clerk DATE: March 31, 1994 SUBJECT: Private Kennel License Application for 6421 Bryant Ave. N. On March 11, 1994, I received an application for a private kennel license from Jana Lynn Roberts, 6421 Bryant Avenue North, telephone number 560 -5864, to keep four cats. According to City Manager Jerry Splinter, a sanitation inspection b the Y g rY P � P Y inspection department must be completed and a recommendation must be submitted to him. Brad Hoffman has requested me to have you schedule an inspection of this property and submit the report to me by April 8, 1994. Should you have any questions relevant to this inspection, please contact Brad. Thank you for your cooperation. cc: Brad Hoffman CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 March 31, 1994 Ms. Jana Lynn Roberts 6421 Bryant Avenue North Brooklyn Center, MN 55430 Dear Ms. Roberts: Your application for a private kennel license, license fee, and proof of current rabies vaccination for each animal have been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a sanitation inspection. Please be advised the enclosed notice has been mailed to area property owners within 150 feet of your home. The city manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the city manager's decision. Should you have any questions relevant to your private kennel license application, please call me at 569 -3306. Sincerely, E Sharon Knutson Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: City Manager Gerald G. Splinter r ^tip CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 March 31, 1994 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the city clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep four cats. APPLICANT: JANA LYNN ROBERTS 6421 BRYANT AVENUE NORTH BROOKLYN CENTER, MINNESOTA City Ordinance Section 1- 105.5a requires the city clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the city manager will approve or deny the license application based on the code enforcement officer's report and IVFJ TEN comments by the applicant or any affected person. Direct written comments to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. All information provided in the written comments becomes public information; however, if you wish to remain anonymous, you may do so and the city manager will take that into consideration. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Questions or concerns regarding the private kennel license application should be directed to Deputy City Clerk Sharon Knutson at 569 -3306. PRIVATE KENNEL LICENSE AREA RESIDENTS WITHIN 150' OF 6421 BRYANT AVENUE NORTH CHARLES AND CHERYL OLSON NANCY IMIG VIRGINIA KRAMrIIC 6415 BRYANT AVENUE NORTH 6407 BRYANT AVENUE NORTH 6401 BRYANT AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 WARREN AND JANET PETERSON AG NES BEIKLER JOHN KOKESH 6443 BRYANT AVENUE NORTH 6435 BRYANT AVENUE NORTH 6429 BRYANT AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 MICHELLE ENGELBY DALE AND BERNICE PETERSON GEORGE AND JOANNE NORMANDIN 6400 COLFAX AVENUE NORTH 6406 COLFAX AVENUE NORTH 6412 COLFAX AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 DANIEL AND JACQUELINE TEMPEL KEITH AND RUTH BENSON MARK AND JUDITH MEDCALF 6418 COLFAX AVENUE NORTH 6422 COLFAX AVENUE NORTH 6430 COLFAX AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 0 HOWARD AND MARIAN SMITH 6436 COLFAX AVENUE NORTH BROOKLYN CENTER MN 55430 ��pphU.YN CEN BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, Deputy City Clerk FROM: Chief Trevor Hampton DATE: April 4, 1994 SUBJECT: Private Kennel License Application for 6421 Bryant Avenue North As you requested in your March 31, 1994 memorandum, a records check has been executed regarding private kennel licensing at 6421 Bryant Avenue North. Brooklyn Center Police Department has not responded to any cat complaints at 6421 Bryant Avenue North. Trevor A. Hampton TAH:pap April 12, 1994 City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Notice of Receipt of Application for Private Kennel License Dear Madam or Sir: We received the above notice, dated March 31, 1994 on Saturday, April 9, 1994. We wish to be on record as objecting to the granting of this license. For many years there have been a number of cats in our neighborhood. They have made it impossible for us to eat in our yard or otherwise enjoy our property. One cat advanced on us during a Saturday brunch and I had to retreat into the house to escape. Our neighbor (recently deceased) who witnessed the confrontation between my husband and the animal was totally amazed at the aggressiveness of the cat! I come in late at night to find access to my front door barred by cats or to have them pounce from shrubbery. I have taken to carrying mace to defend myself not against humans, but against cats. Our greater concern, however, is an environmental one. We are members of the National Audubon Society and had lost our birds. Presently the cat population in the area seems down and we have not only been getting our birds back, but this year have seen three species never before seen in the area: red polls, pine grosbeaks and downy woodpeckers have appeared along with our sparrows, grackles, red winged blackbirds, cardinals, juncos, mourning doves, robins, brown trashers, etc. Some neighbors have made pets of squirrels. We greatly fear that the presence of what are proposed to be only an additional four cats in our immediate vicinity will once again unbalance the balance of nature. As a co- worker stated when apprised of the above - referenced application, "Your birds will be history." 0 City Clerk April 12, 1994 Page 2 We see no way that we can be guaranteed that the cats will be kept kenneled. Dogs are required by law to be leashed or under control of a responsible person at all times. There is no such regulation of cats, resulting in the above -cited problems. Brooklyn Center is, after all, not a police state and cannot patrol, inspect, and issue citations for violations of a license, if granted, nor do we know what avenues of recourse we might have in the event of violation or how long they would take. In this regard, we are also concerned that what are proposed to be four cats may turn into one of the nightmare situations we read about in the press of a feline population getting completely out of hand and large numbers of maddened, diseased and dying animals resulting -- with accompanying dangers to the human population. My family spent its summers at the lake. Often people from the city would drive into the country and abandon their pets. I grew up with cats which had grown very large and had become wild and predatory. They prowled in the woods and attacked and badly clawed humans Once again, it was not safe to go outdoors. Even the local farmers who had many cats of their own lived in fear of these crazed beasts. In addition, I have a diagnosed phobia about cats. It very possibly stems from infancy, but cats are able to sense this phobia and seek out and torment the sufferer. While we certainly do not wish to deprive our apparently new neighbor of pets or a business opportunity, which it seems this might be, we do believe that human concerns should take priority over those of animals. Once again, we repeat, we very strongly object to the granting of this license. We also ask to remain anonymous, as, after all, this is a neighbor with whom we must live -- and there is nothing we fear more than having these four (or whatever number) cats unleashed upon us by way of retaliation should our identity be revealed. s CITY 6301 SHINGLE CREEK PARKWAY :BR OF OOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 April 25, 1994 Ms. Jana Lynn Roberts 421 Bryant Avenue North Brooklyn Center, MN 55430 Dear Ms. Roberts: On March 9, 1994, I received your application for private kennel license. In accordance with Brooklyn Center City Ordinances, notices of receipt of the license application were mailed to property owners within 150 feet of your property. After considering public comments received, please be informed that I am denying your request for a private kennel license to keep four cats on your residential premises. You will be allowed until December 31, 1994, to come into compliance with City Ordinances which require no more than three cats on your premises. I find that the issuance of this license would have an adverse affect on the health, safety, welfare, or property values of persons residing, living, or owning property within the immediate area. I base this finding on the intent of the City Ordinances to limit animals in residential areas and written public comments received. Under Brooklyn Center City Ordinances, the City Manager's decision in these matters is appealable to the Citv Council To institute this appeal process, you must submit to my office within 14 days of receipt of this notice, a written request for a hearing before the Citv Council. Should you choose the appeal option, the City Council will hold a public hearing on or appeal after mailed notice to adjoining property owners Ms. Jana Lynn Roberts -2- April 25, 1994 Should you have any questions with regard to this matter, please do not hesitate to give me a call at 569 -3300. Sincerely, Gerald G. ;Splinter City Manager CITY OF BROOKLYN CENTER GGS:sk cc: Sharon Knutson CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 April 25, 1994 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the city manager of the City of Brooklyn Center has denied an application for private kennel license for Jana Lynn Roberts, 6421 Bryant Avenue North. The city manager based his decision on the intent of the City Ordinances to limit the keeping of animals in residential areas and written comments received by affected persons. City Ordinance Section 1- 105.5b requires the city clerk to mail notice of the city manager's decision to approve or deny the applicant's private kennel license application to the owners of property within 150 feet of the proposed kennel location. The owner or any other affected person may request a hearing before the city council to show cause why the decision should be changed. A WRITTEN request for the hearing must be received by the city manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request for public hearing before the city council is received notice of the date q P g , t and time of the public hearing will be mailed to owners of property within 150 feet of the proposed kennel location. Following the public hearing, the city council shall render a final decision reversing, affirming, or amending the decision of the city manager. Questions or concerns regarding the private kennel license application denial should be directed to Deputy City Clerk Sharon Knutson at 569 -3306. May 4, 1994 To: The Hon. Gerald G. Splinter 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Splinter: In accordance with your letter to us dated April 29, 1994, this letter is sent as a written request for a hearing before the Brooklyn Center City Council to appeal the rejection of our application for a private kennel license. So that we may be prepared for the hearing, we would like to request copies of all pertinent documents pertaining to our application, including the letter sent by the city to residents within the immediate area and especially any comments received in return from those residents so that we may address any and all concerns that they may have. We appreciate your quick response to the application and hope we will be able to resolve this matter in a way where all concerned parties may benefit. Thank you for your time and consideration. Sincerely, Jim and Jana Roberts 6421 Braynt Ave. N. Brooklyn Center,MN 55430 Home: 560 -5 °64 Work: 8132-82150 (Jim,) 553 -5012 (Jana) CITY 6301 SHINGLE CREEK PARKWAY :1 OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569-3300 69 3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 May 6, 1994 Ms. Jana Roberts 6421 Bryant Avenue North Brooklyn Center, MN 55430 Dear Ms. Roberts: As you have requested, enclosed are copies of all documents pertaining to your private kennel license application. Included is the two notices to the property owners within 150 feet of your residence, the report from Police Chief Trevor Hampton, and the letter from a concerned resident. Should you have any further questions or concerns, please call me at 569 -3306. Sincerely, 1 Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 May 10, 1994 Ms. Jana Roberts 6421 Bryant Avenue North Brooklyn Center, MN 55430 Dear Ms. Roberts: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, May 23, 1994, at approximately 7:30 p.m. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the council may have. Should you have any questions relevant to the public hearing, please call me at 569 -3306. Sincerely, Sharon Knutson Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: City Manager Gerald G. Splinter CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 May 10, 1994 NOTICE OF PUBLIC HEARING Monday, May 23, 1994 Council Chambers City Hall 7 p.m. TO WHOM IT MAY CONCERN: Please take notice that the city manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the city manager's decision to deny the private kennel license for Jana Roberts, 6421 Bryant Avenue North, should be changed. The City Council will make its decision based on the City inspector's report, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the city manager's decision. Questions or concerns regarding the public hearing should be directed to Deputy City Clerk Sharon Knutson at 569 -3306. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: OTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, May 23, 1994, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider an application for private kennel license submitted by Jana Roberts, 6421 Bryant Avenue North. BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a private kennel license to keep four cats at the residence at 6421 Bryant Avenue North in Brooklyn Center. Sharon Knutson Deputy City Clerk CITY OF BROOKLYN CENTER (Published in the May 18 1994 Brooklyn Center Sun -Post. Y Y ) Coamcil Meeting Date 5/23194 City of Brooklyn Center Agenda R m Number Request For Council Consideration • Item Description: Legislative Update Department Approval: Gerald G. Splinter, City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) Attached for your review are copies of the following: • Letter from State Representative Phil Carruthers regarding the assessing information • matter. • A listing of Legislation Carruthers passed to benefit the area and other legislation Carruthers worked to pass. • Session Weekly, a non - partisan publication of the Minnesota House of Representatives, dated May 13, 1994. • Bill summary for S.F. 2015, fourth engrossment, regarding Metropolitan Government Reorganization dated March 30, 1994. • A veto letter from Governor Arne H. Carlson for Chapter 594, House File 2171, a bill relating to affordable housing, dated May 9, 1994. • An article titled "Metro suburbs lag in creating affordable housing, study says" published in the April 29, 1994, Minneapolis Star Tribune. • An article title "Carlson vetoes bill that targeted low- income housing dispersal" published in the May 10, 1994, Minneapolis Star Tribune. • Recommended City Council Action: Review and discuss legislative issues. Phil Carruthers Minnesota State Representative - �-�r House of District 478 ds�, Brooklyn Center, Brooklyn Park Representatives MAJORITY LEADER Iry Anderson, speaker CHAIR, RULES AND LEGISLATIVE ADMINISTRATION COMMITTEES: TAXES; WAYS AND MEANS; JUDICIARY (EX OFFICIO) LEGISLATIVE AUDIT COMMISSION; LEGISLATIVE COMMISSION ON PLANNING AND FISCAL POLICY; LEGISLATIVE COORDINATING COMMISSION May 11, 1994 Mr. Gerry Splinter, Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Gerry: I want to bring you up to date on the Assessing information matter that you brought to my attention. You stated that you were concerned about the recent Order the Minnesota Tax Court upheld on this subject. Following your bringing this information to my attention, I spoke to Ann Rest, Chair of the Tax Committee, You should know that this matter was addressed in the Omnibus Tax bill. The Omnibus Tax bill passed both Houses and has been signed by the Governor. Enclosed please find Chapter 587, Article 5, Section 2 of the Omnibus Tax bill. Again, I appreciate you bringing this issue to my attention. I :pop . j :.0 find this lnformati.on helpful. Best wishes. Si rely, Y Pil Carruthers Representative, District 47B House Majority Leader 6931 North Willow Lane Brooklyn Center Minnesota 55430 (612) 560 -5515 State Office Building, St. Paul, Minnesota 55155 (612) 296 -3709 4V7 Fax (612) 296 -2553 TDD (612) 296 -9896 �ioa 5a LSQXSLATION CARRUTHERS PASSED TO BENEFIT THE AREA: ■ $6 million in bonding for a new building at North Hennepin Community College for student service offices (financial aid, counseling and admissions) classrooms and labs, as well as money to plan remodeling of the library. ■ $500 Osseo School District 279 to assist At -Risk kids. ■ $400,000 for the City of Brooklyn Center to assist with redevelopment or removal of run -down apartment buildings, which was vetoed as part of the Health and Human Services Budget bill. The city of Brooklyn park was also eligible for this money. (Note: BP has received $125,000 in 1992 and $750,000 in 1993, while BC has received a grant for $275,000). ■ $90 to the Northwest Law Enforciement Project, which recruits women and minority police officers in Brooklyn Center, Brooklyn Park, New Hope, Crystal and R;obbinsdale. This legislation was also vetoed by Governer Carlson. a TIF Districts (Tax Increment Financing) Brooklyn Center and Brooklyn Park may establish a TIF district exempt from the state aid offset provided that 15% of the increment is deposited in a housing account. 0 OTHER LEGISLATION CARRUTHERS WORKED TO PAss INCLUDES: ■ $2.3 million in additional aid to area school districts for Special education programs and staff training and to reduce property taxes. Brooklyn Center school District 286 will receive a total of $41,570; Robbinsdale District 281 will get $465,000; Osseo District 279, $669,350; and AnckA- Hennepin District 11, $1,153,650. ■ Additional state aid to reduce city property taxes. Brooklyn Center will receive about $50,000 and Brooklyn Park about $56,000. ■ PreQmium Rat* Regulation (senior Federation legislation) This applies to medicare supplement coverage issued or renewed by insurance companies, health maintenance organizations (HMOs), or Blue Cross and Blue Shield of Minnesota. This also applies to medicare related contracts that HMOs have with the federal government. The legislation would require that the premium rates must be approved by the applicable commissioner before they are used, the rates must be reasonable, and comply with the minimum loss ratio in current law. This legislation was also vetoed by the Governor. NW AL V4MW q= IF A non - partisan publication of the Minnesota House of Representatives ♦ May 13, 1994 ♦ Volume 11, Number 12 Ni s - ' rt T E` •+ P i� { M _ N Session Weekly is a non - partisan x publication of the Minnesota House of - 5 10, N EE j ' >, UY Representatives Public information Of- fice ;' During the 1993 -94 Legislative Minnesota House of Representatives May 13, 1994 Volume 11, Number 12 Session, each issue reports daily House actiombetween Thursdays of each week,; lists bill introductions and upcoming ,committee:meeting schedules, and pro - Session wra -u vides other information. The publication p is a service of the Minnesota House. No fees rBGH Lite? - Milk producers who don't treat their cows with an artificial growth hormone can label their milk cartons, ice cream, and other products that way, setting themselves apart from those who use the hormone .......... ............................... e 4 Page To subscribe, contact p a Minnesota House o(Representatives `Bondosaurus' — A $621 million bonding bill — the largest in state history — would Public Information Office build more classrooms and add more prison beds. It is one of four bills awaiting action 175 State,'Office Building from Gov. Ame Carlson ................................................... ............................... Page 5 St Paul, ivIN 55155, =1298 (61:2)"496 -2146 or' ' Potty parity — Stadiums, concert halls, theaters, and other arenas that can hold more than 1-800- 657 =3550 200 people must provide a 3 -to -2 ratio between women's and men's restrooms, under a TDD012) 296- 9896" " new law that recognizes there's a reason women take longer than men............ Page 8 } The lonely guy law — Minnesotans can drink a little later on Christmas Eve, but Crazy Director Grant Moos Horse brand malt liquor will be banned in the state, under the new omnibus liquor law. � "� �� The measure also allows charities to hold wine- tasting events ..................... Page 13 Editor Prairie Home Companions — NSP now has permission to store radioactive waste in 17 Peg Hamerston ti storage casks alongside its Prairie Island power plant in Red Wing ............... Page 18 3;> Asslstont "Editors = Of landfills and lawyers — Minnesota businesses and municipalities will pay more to John T. Tschida dispose of their garbage, but the new law hopes to help local governments avoid messy legal K: Darcy Hanzhk deputes over garbage ............................................ ............................... Page 20 And they're off — Minnesota voters will have a chance this November to decide whether Wri ters ' off -track horse betting should be allowed in the state .... ............................... Page 23 Amber Brennan, Mary Hayes, Mordecai Specktor; Color -blind deer —Amish deer hunters who have a religious objection to wearing blaze Jean Thilmany, Timothy Walker orange clothing can now wear red, under a provision in the omnibus game and fish law. That's just one of many smaller changes to hunting laws .............................. Page 24 Art $ Production Coordinator Target Center buyout — The Legislature approved the Target Center arena buyout on Paul fiattaglia the last day of the legislative session and the govemor signed it into law. ..... Page 31 Photographers Pimps, prostitutes, and jurisprudence — People coerced into prostitution can now sue Torti Olinscheid, Laura Phillips, their pimp or madam, under a new law ......................... ............................... Page 31 Laura Towle Beyond the blue/pink line — Boys' hockey teams should share the ice equally with their S female counterparts by the 1996 season, under a bill signed into law........... Page 32 ta(f.Assistants Bill massacre — Governor kills 17 bills, maims 8 others ..........:........... Pages 39-47 Ioinette Lisa Battle;; Carl Harare, Jali;Houlion' Tonie issimore f Mat tiew A` Niewotiner INSIDE T � u a Q r - PRINTED WITH Q° SOY INK { � a Highlights ...................................................... ............................... 3 Sesswn;Weekly (tssrr 1049 s176? is pub Bill Introductions ( HF3244j ........................ ............ 38 dune iislitweekly flit le lauve session.b . g. ». Y theMmnesataHousegERepresgntativesPubh( Vetoed Bills IrtF ' n D#fice 100 Constitution Ave_ 5t . 39 Pant„ 65155 1298 `Second Cass postage I Fln a paidsf Stz Fanl, MN and afadditior ma mg s Bill Action . ........ ............................. ............................... d8 offri PO�TMASrER`Send:address changes to Session Weekly, Public rnfoimation 6face, `, Minnesota I Iouse of Ftepreseitatives,175 State O ffice Budding, 100 Constitution Ave St On the cover: Now that the lobbyists and their pocket phones have gone, the long hours of Pa MN $5155 1298 aV lawmaker debate have ended, and relative peace has fallen on the Capitol once again, visitors are Printed on recycled paper which' is 5o% recycled; among the few who walk the marble halls. 10% post- consumer content. ` ° , —photo by Laura Phillips 2 SESSION WEEKLY / May 13, 1994 Week in Review ... May 5 - 12 1994 AGRICULTURE revolving loan program at the Department of Trade and Economic Development. The state's contribution would match about Watered down flood relief $8.5 million in federalaid; • Gov. Arne Carlson May 10 signed into law $477,000 toward University of Minnesota research on grain diseases; a bill designed to help Minnesota's farmers recover from last spring's floods, but not • $100,000 for advocacy programs for farm - er and before cutting its funding provisions in half. • $55,000 to help the Minnesota Milk Pro - The flood relief measure will now provide only $9 million in aid —down from $18 ducers Association with litigation against . million — as a result of several line -item the U.S. Department of Agriculture- Upper Midwest dairy Farmers contend that fed- The largest of those vetoes by the governor. . was a $5 million inter- eral price supports unfairly favor dairy farmers in southern states such as Texas est buy -down program that would have , - `�" -;< helped secure loans for farmers and small - *''" and Florida. businesses hit hardest by the floods. Under Last spring's floods caused an estimated the program, the state would have paid a _ $1.6 billion in damages to Minnesota's farms • : n and businesses. According to Wenzel, the portion of the interest on a loan for a qualify- .: ` z state will have received about $1 billion in ing farmer or small business. •, , The governornoted that many farmers and federal disaster relief by the time all is said small businesses already have secured oper- ty and done. ating loans. He also noted that the federal HF2249/SF2168 /CH642 government already has picked up much of the tab for damages causes by last spring's Preserving the family farm floods. Carlson also vetoed another $2 million Large corporations may be threatening to that would have gone to the Department of overthrow the family farming industry, but Economic Security (formerly the Department Minnesota lawmakers have given farmers the of Jobs and Training) for emergency job tools they need to stay in the fields_ training and creation programs; as well as a A new law provides S9 million in flood relief to More farmers will be able to pool their few other smaller appropriations. help farmers recover from last year's devastating resources to raise hogs, chickens, and other The House and Senate passed their com floods. (HF2249/SF2168 */CH642) livestock — with the exception of dairy cattle promise flood relief bill May 6. The House sponsored in the House by Rep. Steve Wen- — under a bill the governor signed into law passed it 118 to 12 and the Senate passed it zel (DFL- Little Falls) and in the Senate by May 10. 56 to 2. Sen. Joe Bertram (DFL- Paynesville), include: The $9 million new law bears little resem- . $1.5 million toward a revolving fund ac- blance to the original $54 million House bill Through Thursday May 12 ihego%emor count that provides loans to encourage had,taken acnon_on all but "four of 274_ that would have, among other provisions, private developers to construct ethanol offered farmers $15 million in local property chapters sent to him by the 1'egistature. He _ Production plants. The account is man- has vetoed? of those btlis``(LToutright tax relief and $30 million to buy down inter- ; aged by the state's Rural Finance Author- vetoes and eight lute -item vetoes) est on loans for them. ity; ThebtlissullpendingfChapters643 646) Under the bill signed into law, $2.9 mil- $1.5 million to pay for a provision that include thts'tyear s bonding Mll and the lion will be given to the state's counties that grants a sales tax exemption on used" farm form elecuon measure—'M were hit hardest by the floods. Those funds Acompleteaccounungofbillstatusbegtns are necessary to match" $49 million in fed equipment, on page 484 aiul a li3nng of lire vetoed bills eral emergency management assistance funds ,, $l million to establish a loan program indudtngabnefdescnpuonohegovemors ; =: under the Rural Finance Authority that action beguis pn,page 9 , that have already been spent. The state must will loan Farmers money to buy stock in a 'Tl'u ttO 1 TOfS 10 n Wee NY is a "P pay a total of $3.9 million to match the facility that processes raw agricultural`' sutntnary of some of the: znalor issues addressedb gth�ic federal contribution, or it may be Forced to g;slaturrthsyear Amore crops. The provision is designed to help comprehensive summary follow pay back the aid. farmers invest in a proposed com -s But because there was no federal time P P ymP We welcome anysuggestions to clarify, or , plant in Moorhead, Minn. Shareholders correct' the items contained in this` restriction on the match, the new law says will be allowed to sell their corn to the issue Thereu a lotto summarize in a few the remaining $1 million will be paid back short days' - facility; next year. ' The editors • $900,000 for a small business disaster Other relief measures in the new law, Proposed in the House by Rep. Ted Winter grown in laboratories to farmers to grow mans or the environment, the field test will (DFL- Fulda) and in the Senate bySen. Charles experimentally in their fields. Farmers, for be allowed, she said. Berg (DFL - Chokio), the measure expands instance, could soon buy newly developed Sen. Steve Dille (IR- Dassel) sponsored the current corporate farming laws to allow an insect - resistant corn and potato varieties to bill in the Senate and Rep. Phyllis Kahn (DFL - unlimited number of investors to participate plant. The plants would resist pests that so far Mpls) sponsored it in the House. in certain cooperative farms, as long as Min- have been difficult for farmers to fight. HF2212 */SF2023/CH454 nesota farmers control at least 75 percent of The law also contains provisions to allow any one farm. some engineered products to be sold to the Hormone -free milk Undercurrent law, such joint farms, called public in grocery stores and farmers' mar - Authorized Farm Corporations, can have no kets. The state would develop regulations Milk producers who don't treat their cows more than five shareholders, and farmers first. For instance, tomatoes with a longer with an artificial growth hormone can label must hold 51 percent of the stock. The re- shelf life could be developed as well as squash their products that way, under a new law maining shares can be held by outside inves- that is virus- resistant. signed by Gov. Arne Carlson May 10. tors. The law allows laboratories —when there The law allows milk producers who don't Earlier this session, farmers testifying be- is adequate federal oversight — to conduct treat their cows with recombinant Bovine fore the House Agriculture Committee asked the farm field tests without going through a Growth Hormone (rBGH) to label their dairy lawmakers to make changes to help them complicated state environmental assessment products with the phrase: "Milk in this prod - compete against large corporations they say and permitting process. uct is from cows not treated with rBGH." are threatening the family farm industry. "The changes we've made in the state's The growth hormone, also known as Bo- The new law allows more Minnesota farm- genetic engineering laws will help to elimi- vine Somatotropin (BST), increases milk pro - ers to "team up" to take advantage of the latest nate duplication between state and federal duction in cows. It is a natural protein that is technologies and farm practices, which many regulations, while maintaining state over- produced in the pituitary gland of all cattle. small farmers can't afford to do on their own. sight where needed," Carlson said. The biotechnology industry has worked Even though Minnesota has some of the Cheryl Fox, a biotechnologist in the De- for several years to produce a synthetic ver- toughest anti - corporate Farm laws in the coun- partment of Agriculture, explained at a com- sion of the hormone to increase milk produc- try, Rep. Katy Olson (DFL - Sherburn) said mittee hearing that the law specifies six ge- tion in cows. In February, the genetically the state's remaining farmers will go under if netically engineered plants — corn, cotton, engineered version Avon approval from the they can't take advantage of the latest tech- potato, soybean, tobacco and tomato —which U.S. Food and Drug Administration. nologies. She said the law gives farmers "the will be eligible for farm field tests under the Proponents of the labeling said there isn't tools necessary' to compete, easier notification procedure. enough information on the long -term effects ev "We can all agree e want to keep the big A company will notify the Department of of the genetically engineered hormone to be [corporate farms] out," said Olson, who is a Agriculture 30 days before releasing the ge- sure it is safe. They said they want to choose member of the House Agriculture Commit- netically engineered material. But before re- milk products from cows not treated with the tee. "That's what this legislation does." lease, the plant must meet certain agriculture hormone. Olson had proposed a similar bill earlier department standards and the company must Those who opposed the bill said the FDA this session. (See March 31, 1994, Session agree to provide specific information required has deemed the product safe, adding that the Weekly, page 4 and April 22, 1994, Session by the law. "rBGH- free" label will create a stigma for milk Weekly, page 4.) If there is substantial evidence that the products from cows that are treated with the In addition to requiring that 75 percent of release won't have an adverse effect on hu- protein. shareholders are farmers, the law also man- dates that 51 percent of those farmers must raise livestock on their own farm — aside } from the joint venture. The remaining 49 percent can include farmers who raise corn or other crops, but no livestock.: The law also specifies that such authorized - farm corporations can't have title to more than 1,500 acres of land. HF2885/SF1948 */CH622 Brave new tomato It will be easier to conduct farm field tests l; I on plants that have been genetically engi- neered — and the vegetables from some of those plants could be sold to the public, under a bill signed into law by Gov. Arne Carlson April 18. The law, effective April 19, 1994, allows Anew law allows milk producers that don't treat their cows with recombinant Bovine Growth Hormone (rBGH) to label their products as such. (HF3215/SF2913 */CH632) agricultural companies to release certain ge- netically engineered plants and organisms 4 SESSION WEEKLY / May 13, 1994 The laws also appropriates $75,000 from the state's general fund to the Department of Agri - ,� culture to manage the labeling program. The =program will require a certification process to make sure producers who are labeling their products are indeed not using the hormone. The labeling provision was originally pro- posed in a bill sponsored in the House by Rep. Steve Trimble (DFL -St. Paul), and in- corporated into the environment and natural - resources section of the 1994 state supple- mental budget bill. According to Trimble, Minnesota is only the second state in the nation to pass a law allowing labeling of rBGH -free products. (Art. 2, Secs. 5 and 14) " HF3215/SF2913*/CH632 Tough manure`' The 1994 bonding bill, which Gov. Arne Carlson is still considering, contains a request for 5650,000 A farmer who follows all governmental to repair and regild the Quadriga — the golden horses and carriage atop the Capitol. (HF218 */SF182/ rules for two years can't be sued by neighbors CH643) who dislike the smell of manure, under a new _ law signed by Gov. Arne Carlson May 10. BONDING About $16 million would pay counties to The measure, sponsored in the House by construct secure juvenile detention and treat - Rep. Jerry Bauerly (DFL -Sauk Rapids), pro- ment facilities. Deputy Commissioner Jim tects farms that have met all state, federal, and Bruton could not say exactly how many beds Pending governor's would be available under this prog m ra. local standards for two years from lawsuits 5, accusing them of creating a "public or private Bruton said that S2.7 million would build uisance," effective Aug. 1, 1994. Building and borrowin a new 30 -bed secure facility in Red Wing for Current law requires a farm to operate violent juvenile offenders until they can re- successfully for six years before it's eligible rooms and add more prison beds under a q P Minnesota would build more college class- turn to an open campus environment. An- for the same protection. $621 million bonding bill a other an million would o to the North - roved by the g Such conflicts, usually related to the dust PP western Juvenile Training Center in Beltrami House and Senate May 6. It now awaits County to build another juvenile detention and smell from Farming, sometimes arise in consideration from Gov. Arne Carlson. newer housing developments that are built in and treatment center. The state would sell bonds to pay fur the the country near established farms. projects. Other corrections projects in the bonding Although some smells and other aspects of bill include: If signed into law, the 1994 bonding bill . $19 million to complete the conversion of farming may bother new neighbors, Bauerly would be the Largest instate history, surpass- the Moose Lake Regional Treatment Cen- ng the 5170 said a farm should be protected if it's meeting ih million worth of projects fi- all the governmental guidelines. And even ter into a620 -bed medium security prison; nanced by bonds in 1987. • $10.4 million to add 485 adult prison beds though farmers can usually vin nuisance The House originally passed a $469 mil- byremodeling one building and construct- lawsuits, he said the legal costs can be devas- lion bonding bill; the Senate proposed S592 ing two new ones at Lino Lakes prison; tating. If a farm violates zoning codes or other million. The 5621 million compromise came rules, the rotection does not apply. • $10 million to add 300 medium - security P after select House and Senate members met If a farmoperation is expanded by more than to iron out an agreement. beds and improve security at the Faribault 25 percent, such as going from 100 to 126 state prison; and The compromise bill spends slightly more . $6.2 million to create an education com- hogs, the two-year period will be reinstated than the governor's $614 million recommen- plex and library, and to renovate ware - from the star -up date of the bigger operation. dation for bonding projects. The two years also will start over if a farm house, farm and foundry buildings at Still - Below are some of the highlights of the water prison. owner significantly alters the operation such as 1994 bonding bill (HF218 */SF182/CH643): changing from crops to livestock, or from one Higher education kind of livestock to another. Crime and prisons Hi 9 The lions share of the bonding bill Nearly 40 other states have similar laws, — The Department of Corrections would re- $208 million — would go to technical and commonly called "ri ght to farm" laws. (See ceive S73 million to expand existing prisons arch 18, 1994, Session l�'cehiv, page 4, and community colleges, state universities, and P g and build new facilities forboth juveniles and the University of Minnesota. Apri18, 1994, Session �Veehly, page 6.) adults. This appropriation would lead to the les) s on- Technical colleges would receive 515.5 Sen. Dallas C. Sams (DFL -Staples) P P ultimate creation of 1,645 new adult prison million, which includes 520 million for a sored the Senate version of this bill. beds. Included in this section is S2 million for new Brainerd technical college and $8.8 the beginning stages of an 800 -bed prison in million to fix up older technical colleg cam- or near the Twin Cities. pus buildings around the state where repairs May 13, 1994/ SESSION WEEKLY 5 .g- I � , -,,,,, ... ^ - .c 4 �:. � Zz ,m 4 �, � "��� _:: ,,�. K-- :.:� of the funds, according to the terms of this "maximum effort school loan." -• An additional 54 million in education bon in money would be used to remove hysicJ g Y P barriers for students who are disabled; S 1 million would go to remodeling public li- braries to make them handicapped-acces- sible. State government - The 1994 bonding bill sets aside money for a number of projects that were part of the ;',"�`"'m governor's long -range plan to consolidate state offices around the Capitol. Included in this category is $13.4 million More college classrooms and prison beds would be added under the 1944 bonding bill awaiting the to continue remodeling the Transportation governor's consideration. (HF218 */SF182/CH643) Building and another S1 million to relocate have been put off. University of Minnesota projects include: some Department of Transportation offices. A new Duluth technical college would be • $25 million for a new Carlson School of Bonds would not have to be sold for these two integrated into the existing community col- 'v4anagement, contingent upon the univer projects because money from a state highway le-e with $10.8 million. And, the technical sity raising at least $20 million from pri- fund would pay for them. college campuses at Hibbing, Hutchinson, vate donations; Bonds would be sold, however, to repair St. Cloud, Northeast Metro, Rochester and • S 13 million for reconstruction of the Insti- the Capitol roof and exterior, and restore and Dakota County would receive a total of $4.6 tute of Technology building, contingent regild the Quadriga — the golden horses million for renovations. upon raising 56.7 million from private atop the Capitol. This project should cost Community colleges would receive $37 donations; about $5 million. Another S 1 million would million. Major community college projects S9 million to repair Johnston Hall, pay for new electrical wiring in the Capitol include: Williamson Hall, and the Civil and Mineral complex, security lighting, and surveillance • 510.5 million for classroom and office Engineering Building; equipment. expansion at Normandale community col- S2.7 million for a Twin Cities campus Pre - design work on a new building a , lege; archival research facility to house univer- parking ramp for the Department of Healt� • S8 million for classrooms, laboratories, a sity manuscripts, special collections. and would receive 5.100,000; and for planning a learning resource center and TV studio at Immigration History Research Center docu- new Depanment of Military Affairs, S100,000. Cambridge Community College; merits; and The maintenance account for repairing • S6 million for classrooms, Iabs, and a • S4 million to the Duluth medical school for state buildings, eliminating health ha_ards learning resource center at North Henne building additional laboratories and of- like asbestos insulation, and for unantici- pin Community College; fices. paced emergencies would receive S10 mil- • $3 million for a regional cultural center at lion. Removing barriers for persons with Northland Community College; and K•12 education disabilities would receive 511.5 million in • 52.4 million for improvements at Vermil- Schools would receive over $40 million for bonds. ion, Rainy River, Mesabi, Minneapolis, a variety of construction projects. Anoka Ramsey, Inver Hills and Lakewood The biggest item is S20 million to build Human services community colleges. two magnet schools in the Twin Cities area. The Department of Human Services would State universities would receive S57 mil- The schools hope to promote desegregation receive $48 million for a variety of construc- lion, which includes a new S20 million li- and attract students from across the seven- tion projects. The bulk of this appropriation, brary and air conditioning plant at Winona county metropolitan area with specialized 537 million, goes to the Anoka Metro Re- State University. programs, such as an advanced math and gional Treatment Center, which would re- Other state university projects include: science curriculum or an ans curriculum. structure its campus and create 150 new • 58.3 million for Bemidji State to remodel Two or more school districts would jointly psychiatric hospital beds and offices. and expand its library and begin planning apply for each S 10 million grant. A major renovation of five buildings at the other renovations; A combined Atwater, Cosmos and Grove Minneapolis Veterans Home would receive • $12.3 million for Metropolitan State to City high school would receive $6 million in $10.6 million. remodel two buildings and rehabilitate a state bonding money. This grant would en- And $8.8 million would build 43 four -bed power plant; and courage the schools to consolidate and pro- homes and improve existing homes for de- • $6.5 million for St. Cloud State to acquire vide up to 75 percent of construction costs. velopmentally disabled adults. Bonds for this a new boiler, construct an air conditioning Local bonds would pay for the balance.. project would be repaid by client service fee system buy additional land, and prepare The Nett Lake School District would re- The Minnesota Housing Finance Agen ! drawings for a new library. ceive S3 million to complete construction of would receive $2.5 million, which includes The University of Minnesota would re- an elementary school started with a 55 mil- 51.5 million to create transitional housing for ceive $69 million, which includes $15 mil- lion grant from the Legislature in 1993. Nett homeless youths. Five shelters for battered lion for general building maintenance Lake would be obliged to pay back a portion women would be built with S1 million. projects. Head Start early education programs for 6 SESSION WEEKLY / May 13, 1994 disadvantaged pre- school children would be Environment — expanded with a $2 million g rant to the Wildlife areas and state parks would be BUDGET Department of Economic Security (formerly enhanced by $59 million in projects admin- the Department of jobs and Training). istered by the Department of Natural Re- Supplemental budget bill sources (DNR). Some $5 million would pa Rail, roads, bridges for maintenance projects, removal of under- Gov. Arne Carlson, while si into law The Department of Transportation would ground fuel storage tanks, and the repair and much of a supplemental state budget bill, receive $45 million for roads, bridges, and new construction of state park buildings. line -time vetoed about $5 million worth of other construction bonding projects. Other DNR projects include: projects, leaving total spendingatabout 530.7 A $10 million appropriation for a light rail • S 11.5 million to expand nine environmen- million. transit (LRT) system in the Twin Cities would tal learning centers statewide. These cen- The bill incorporates three legislative match a federal grant for preliminary engi- ters typically offer three- and five -day live- supplemental budget measures in the areas veering work and completion n programs to expose school children to of state government finance, environment si letion of a final de- P gn. ecological issue a s. Most of a Other transport or bonding g these f rom non- opment, infrastructure, and transportation. elude: state sources; The House and Senate passed a S35.7 • $12.4 million for local bridge replacement; • $6.1 million to acquire land, upgrade and million compromise supplemental budget • $7.6 million to complete construction of repair hiking and biking trails around the bill May 5. The House voted 117 to 16 and the Bloomington Ferry Bridge; state; the Senate voted 49 to 14. • $10 million to the Metropolitan Transit • $10 million to improve metropolitan re- The law as signed by Carlson, Nlay 10, Commission (ivITC) to acquire land and gional parks; spends about $40 million less than the ori improve its buildings and other facilities; • $4.1 million for emergency repair, recon- nal House - approved proposal. struction or removal of publicly owned The bill was sponsored by Sen. Gene Mer- Zoo, museums, historic sites dams around the state; riam (DFL -Coon Rapids) in the Senate and The Minnesota Zoo would receive $20 • $2.2 million to build a public boat landing Rep. Loren Solberg(DFL- Bovey) in the House. million for a new marine education center, at Silver Bay, or, at another site, on Lake (Because the bill is 168 pages long and which would include new dolphin and shark Superior. This appropriation requires fed - spans such diverse topic areas, brief stories exhibit areas. Bonds for this project would be eral matching funds; about the various programs that are funded repaid from zoo receipts. • $2.6 million for grants to local gove are listed under their respective topic head - iielk A freshwater aquarium and research cen- merits to prevent or alleviate flood damage; ings in this issue of the Session VVeehl_v.) ter in Duluth would receive S4 million, con- • S6 million to acquire new land and make HF3215/SF2913 */CH632 tingent upon the Lake Superior Center Au- improvements in Reinvest in 'Minnesota thority raising S8 million from federal and (RIM) wildlife management areas, scien- private sources. tific research areas, and prairie protection BUSINESS The Minnesota Historical Society would projects; receive $7 million for a number of historic • S2 million for acquire land for state parks preservation projects, including the creation from willing ellers" and Limited liabil p artners hip s g tY s P P of a museum for American Indian history, • S750,000 to expand the facility for live wolf fences for ancient American Indian burial viewing and other construction needed at Any partnership, including groups of pro- mounds, a Northwest Company Fur Post the International Wolf Center in Elv. fessionals such as doctors and lawyers, can interpretive center in Deer River, Minn., and create a limited liability partnership begin - repairs of the historic Sibley house in Pollution control nin0Julyl ,1994,underanewlawGov.Ame Mendota, the James J. Hill house in St. Paul, The Minnesota Pollution Control Agency Carlson signed April 29. and other historical site markers. (MPCA) would receive $23 million, with 520 Under the new law, partners will not be to finish the sepa- Personally liable for debts incurred by other The Minnesota Children's Museum and million of this total going the Science Museum of Minnesota, both lo- ration of storm and sanitary sewers in vlinne- partners or employees if the partnership has cated in St. Paul, would receive S 1.25 million apolis, St. Paul, and South St. Paul. Another registered with the Office of the Secretary of and $1 million, respectively, to build new $3 million would go to gran for cities, State as a "limited liability partnership. facilities in different locations. counties and solid waste management dis- But those involved in partnerships that do The science museum wants to construct a tricts to construct waste processing and recy- not meet the criteria for limited liability pan - new facility on the south bank of the Missis- cling plants. nerships still can be held personally liable for sippi River between the Wabasha Street and The Board of Water and Soil Resources any debts the partnership incurs. Robert Street bridges. The children's mu- would receive $9 million to acquire access to The new law, sponsored by Rep. Ann Rest seum would also like to move to downtown mar (DFL -New Hope) and Sen. Ember Reich ott � p "n lands rids to rotect soil an d water w t qual- g Jung ( DFL -New _ St. Paul. It currently sits near the state fair- ity, and support fish and wildlife habitat. J g Hope), follows 1992 le- grounds. Other land would be acquired for planting in ration that allows businesses to form limited liability companies. That standing affords order to prevent soil erosion. businesses the tax advantages of partnerships HF218 */SF182/CH643 and the limitation on liability for the owners. "Partnerships are friendlier and easier to use," said Rest earlier in explaining the bill. "This allows Minnesota businesses to choose MnV 1! 100 ,1 / c_cclr_�ni U /CCVI V the form of business entity they want to form." Potty Parity with Hennepin County receiving three to Officials expect about 150 limited liability combat overflowing caseloads. A S3.5 mil - partnerships among doctors, lawyers and Women tired of standing in long lines to lion appropriation will fund four of thos eships, and pay for more court reporter other professionals to register each year un- use the bathroom while their male friends judgeships, der the new law, according to the Office of the breeze in and out can take heart from a new as well. Secretary of State. law. Another $1.5 million will help ease the Although any group can form such a pan- Now, stadiums, concert halls, theaters, caseloads of probation officers statewide. nership, it is expected that doctors, lawyers, and all other arenas that can hold more than The proposal was sponsored by Rep. Wes and other professionals will use the new 200 people must provide three female bath- Skoglund (DFL - Mpls). classification the most. room stalls for every two stalls or urinals in a Other provisions in the newlaw (HF2351 */ HF1985 */SF1786/CH539 men's bathroom. SFnone/CH636) include: The law applies only to newly built arenas or to those remodeling and adding more than Juvenile data . CO NSUMERS 50 percent of the current space. The new law will make it easier for school The bill was first introduced in the House officials to obtain the juvenile court records 1 -900 law by Rep. Geri Evans (DFL -New Brighton) as of students. Probation officers would provide 14F2973. It was eventually folded into that the school principal with a copy of the Telephone customers won't have to pay for committee's portion of the 1994 supplemen- juvenile's record. Currently, the Minnesota calls to often costly 1 -900 services if the calls tal budget bill. The provision comes with no Data Practices Act prohibits most data shar- were made by minors without permission, state appropriation. (HF3215/SF2913*/ ing with school officials. (Art. 4, Sec. 10) under legislation signed April 15 by Gov. CH632, Art. 3, Sec. 33) Law enforcement agencies,if they have prob- Arne Carlson. Sen. Dallas Sams (DFL - Staples) sponsored able cause, can notify- a school principal if one Since the 1980s,1 -900 phone services and the measure in the Senate. of their students is believed to have committed other pay -by- the - minute lines for sports in- The new law also gives the commissioner a crime. They don't have to if the notification formation, weather information, horoscopes, of the Department of Administration the au- would jeopardize an ongoing investigation. and sex talk have cropped up across the thority to decide whether to raise the ratio of Any written data must be destroyed when the country. Some 1 -800 numbers also cost men to women's bathrooms higher than two student graduates. (Art. 4, Sec. 12) money, and the new law applies to those as to three for some arenas. Under the bill, schools — both public and well. (See March 31, 1994, Session Weekly, The law is effective July 1, 1995. private —that obtain the records ofajuvenile page 5 and April 8, 1994, Session Weekly, HF3215/SF2913 */CH632 may use and share the data within the schoe page 6.) district, or with another school to which th� The law also specifies that phone custom- student is transferring, as "necessary to pro - ers are not liable for calls made to phone CRIME Lett persons and property or to address the services by "vulnerable adults. The defini- educational and other needs of students. tion of "vulnerable adults" in Minnesota stat- Crime and Prevention (HF2351 " /SFnone/CH636, Art. 4, Sec. 1) utes includes adults who are mentally ill or mentally retarded. More judges will be hired, prisons will be Helping abducted kids, fast But telephone companies will be provided expanded, and many offenders will face stiffer Several provisions in the new law aim to with some protection. Under the law, a tele- sentences under the 1994 criminal justice concentrate law enforcement efforts on the phone company could block a customers and crime prevention bill signed into law by first two hours following a child abduction, access to these phone services without per- Gov. Arne Carlson. and the Bureau of Criminal Apprehension mission if the customer fails to pay these bills The $3.1 million proposal increases penal- (BCA) will become a key player in those efforts. two months in a row or runs up a 5500 or ties for a host of existing crimes, and devotes All law enforcement agencies, after identi- more tab in a single month. several million dollars to crime prevention fying a child as either missing or endangered, When the law takes effect Aug. 1, 1994, efforts as well. As passed by the Legislature, must contact the BCA, "in recognition of the phone bills must also contain a notice that the proposal appropriated $36.7 million, but fact that the first two hours are critical." The customers "are not legally responsible for $ million was line - item vetoed by the BCA may then assist in any. way necessary, information service charges incurred by oth governor May 10. (See Vetoed section.) and can now use state helicopters in their ers without your consent except for calls Over 40 percent of the money, or 514.5 efforts. (Art. 4, Secs. 24 -27) made by your spouse." million, will fund the expansion of beds at the By July 1, 1994, the BCA will distribute a The bill was sponsored in the House by Lino Lakes and Faribault correctional facili- training and procedures manual on child ab- Rep. Brad Stanius (IR -White Bear Lake) and ties. At Lino Lakes, 230 beds will be added for duction investigations to every law enforce - in the Senate by Sen. Janet Johnson (DFL- chemically dependent residents. ment agenty in the state. (Art. 4, Sec. 32) North Branch). (An additional S73 million in state - autho- By Aug. 1, 1995, each agency must have a HF564/SF819 */CH449 rized bonds contained in HF218, the state written policy governing missing children bonding bill, would also expand the state's investigations, with specific actions to e prisons. The governor has yet to sign that taken during the first two hours of the inv bill.) tigation. (Art. 4, Sec. 32) An additional S2.5 million will fund 116 The Department of Public Safety will also more jobs at the Oak Park Heights, St. Cloud, receive 5275,000 to develop a computer and Stillwater prisons. criminal alert network, designed, in pan, to Eight new district judgesw•ill also be added, quickly disseminate information on missing destroy a particular item." (HF2351 * /SFnone/ CH636, Art. 3, Secs. 12 -14) Countywide curfews Each county board in Minnesota will have the authority to establish a countvw-ide cur- few for juveniles under age 17. (HF2351 */ SFnone/CH636, Art. 9, Sec. 10) Cars and kids Law enforcement agencies must make a reasonable effort to use vehicles confiscated during drug busts in the Drug Abuse Resis- tance Education (DARE) program. Sponsors of this provision said that it would impress school children if the police officers in the DARE program were to be seen driving the flashy cars formerly driven by drug dealers. The new criminal justice and crime prevention law calls for stiffer penalties, bigger prisons and more (HF2351 * /SFnone /CH636, Art. 4, Sec. 29) judges. (HF2351* /SFnone/CH636) children. State officials will consider fax trans- submit to the test. Kids and tobacco missions, the INTERNET international com- Juveniles adjudicated for criminal sexual The law makes it a petty misdemeanor for puter network, and existing state computer conduct also will be required to submit to a minor to possess tobacco. Previously, only networks as possible vehicles for the net- testing. minors who smoke or chew tobacco, or who work. A report on the plan is due to the The tests may only be conducted if the Purchase or attempt to purchase tobacco, are Legislature by Jan. 1, 1995. (HF2351 */ victim was exposed to or had contact with the guilty of a petty misdemeanor. The maxi- SFnone/CH636, Art. 4, Sec. 37). offender's semen or blood during the crime mum fine for a petty misdemeanor is $200. "in a manner which has been demonstrated (HF2351 * /SFnone/CH636, Art. 2, Sec. 44) Victims' rights epidemiologically to transmit the HIV virus." Should someone convicted of first - degree (HF2351 * /SFnone/CH636, Art. 7, Sec. 6) Flea bargaining murderbecome eligible for parole, the victim's Each county attorney in the state will have next of kin will be notified in advance of the No guns for some until the beginning of next year to adopt parole hearing. The family of the victim may Someone found incompetent to stand trial formal guidelines governing how the county's also give an oral or wr itten attorneys arrane lea bargains. The guide - b rttten statement at the will be r C, P g b prohibited from possessing a pistol or g P p � p parole hearing, detailing their suffering and assault weapon. The same ban will apply to Lines, which will be available to the public, recommendin wh ether offender sh will have to include the extent to which the o g uld someone found not guilty due to mental wishes of victims and law enforcement offic- be paroled. The commissioner of the Depart- illness. (Art. 3, Sec. 27) ment of Corrections "must consider the Anvone convicted of assaultin a family ers will be considered when negotiating a victim's statement when making the parole household member and uses a firearm in any Plea bargain. (HF2351 * /SFnone/CH636, Art. decision." (Art. 6, Sec. 3) way during the assault could be prohibited 2, Sec. 9) Other offenders who are sentenced to life, from possessing any type of firearm for life. but become eligible for a supervised release The ban could range from three years to life Court interpreters program, could also face their victim's family at the discretion of the sentencing judge' The state court administrator will receive at such a hearing. $100,000 to establish a statewide judicial a Violation of the provision will be a gross interpreter certification and training program. The Department of Corrections will also misdemeanor. (Art. 3, Sec. 10) compile a community investigation report to Previously, iE the Tamil} member did not Interpreters, translators, non - English gauge the sentiment of the community where re- offend for three years after the assault, the speaking people, and those for whom En- the offender is scheduled to be released. The gun would be returned. (HF2351 * /SFnone/ glish is a second language must have an report also will include the opinions of the CH636) opportunity to assist in developing the certi- sentencing judge, the prosecutor, and any fication criteria. other law enforcement officials involved in Guns and ammo There is a growing concern over the accu- the prisoner's case. (HF2351 * /SFnone / Law enforcement agencies will be prohib- racy of court interpreters. Bill sponsor Rep. CH636, Art. 6, Sec. 13) ited from reselling guns and ammunition that Wes Skoglund (DFL -Mpis) related a story on they collect while making arrests. Currently, the House floor where an interpreter was HIV testing such contraband, collected under the state's found to not be relaying the exact words of a 86 Current law allows for victims to request forfeiture laws, can be sold at a forfeiture sale. witness, and was in fact omitting phrases and that a convicted sex offender submit to an The laws requires cops to either destroy the Paraphrasing others. The interpreter was HIV test. That law is expanded to require weapons and ammunition or use them in tripped up by a Spanish- speaking judge. those convicted of a violent crime — a legal their law enforcement duties. An exception (HF2351 * /SFnone/CH636, An. 1, Sec. 14) definition which includes nearly three dozen allows them to save a weapon if the "agenc offenses ranging from assault to murder— to determines that there is good reason not to May 13, 1994 / SESSION WEEKLY 9 Juvenile crime crackdown Other crime bill provisions Sixteen -and 17- year -old j uveailes who are The following other criminal provisions are included in the omnibus crime bill that has charged with first - degree murder would a been signed into the law by the governor. The measure (HF2351 ` /SFnone /CH636): tomatically stand trial in adult court, under • establishes a misdemeanor penalty for violating DNR rules concerning the spread of new state law. harmful exotic species, including Eurasian water milfoil (Art. 2, Sec. 1); The provision is contained in the omnibus juvenile justice proposal that will spend an • increases the maximum fine for petty misdemeanor traffic violations from $100 to $200 additional $9.9 million during fiscal year (Art. 2, Sec. 3); 1995. • imposes life, without possibility of parole, for intentionally killing a local correctional As passed by the Legislature, the proposal officer (Art. 2, Sec. 19); allocated S 13.9 million, but Gov. Arne Carl- 0 creates a five -year felony penalty for assaulting a child under age 4 that results in son line -item vetoed $4 million in spending. multiple bruises, or harm to the child's head, eyes, or neck (Art. 2, Sec. 20); Deleted were funds for additional judges, public defenders, and probation officers. (See • increases, to a gross misdemeanor from a misdemeanor, the penalty for assaulting Vetoed Bills section.) hospital emergency room personnel (Art. 2, Sec. 21); The law incorporates many of the recom- • creates a five -year felony for mutilating the genitals of a female. The mutilation of mendations of the Minnesota Supreme Court woman's genitals is a local custom in some African countries. With African immigrants Advisoy Task Force on the Juvenile Justice coming to Minnesota, doctors are reporting some cases of genital mutilation (Art. 2, Sec. System. 22); The measure also includes stiff penalties • creates the crime of second - degree aggravated robbery, punishable by up to 15 years for juvenile offenders, including mandatory imprisonment and a $30,000 fine (Art. 2, Sec. 23); minimum sentences for juveniles convicted • imposes a maximum of 40 years imprisonment for kidnapping someone under the age of a drive -by shooting, and felony penalties of 16 (Art. 2, Sec. 24); for those brandishing a BB gun or gun replica on school property. • makes it a felony for an adult to refuse to return a minor to his or her parents, contribute The law was sponsored in the House by to a child's truancy, or contribute to a minor's being a runaway, if the adult is at least two Re Wes Sko Lund (DFL -`4 ls) and in the years older than the minor (Art. 2, Sec. 25); p' g p Senate by Sen. Jane Ranum (DFL- Mpls). • makes it a felony for an adult to live with a minor under the age of 16 without the Among the bill's (HF2074 * /SF184 consent of the minor's parents (Art. 2, Sec. 25); CH576) other highlights: 0 • creates a gross misdemeanor penalty for obstructing access to or an exit from a church V or other place of worship (Art. 2, Sec. 27); Secure juvenile facilities • makes sexual contact with a child under the age of 13 a first - degree criminal sexual The Department of Corrections is instructed conduct crime. Under current law, it is a second - degree offense, which is less severe (Art. to license several regional secure juvenile 2, Sec. 34); facilities throughout the state. Currently, Minnesota has no secure facilities and is • increases, to a gross misdemeanor from a misdemeanor, the penalty for escaping from spending an increasing amount of state dol- custody following a misdemeanor charge or conviction (Art. 2, Sec. 39); Lars on out -of -state placement of serious ju- • makes it a gross misdemeanor to intentionally give the name and birthdate of another venile offenders. An additional 100 secure during a court proceeding (Art. 2, Sec. 40); beds will be licensed. • makes it a felony to steal property from a vacant or abandoned building (Art. 2, Sec. Intensive educational programs will be 41); designed for use at each secure facility, and will be tailored based on an offenders crimi- • makes it o petty misdemeanor for a minor to possess tobacco (Art. 2, Sec. 44); nal history, age, and cultural and ethnic • expands the "peeping tom" law to prohibit surreptitious videotaping, which will be a heritage. Other program components will misdemeanor. Repeat offenders will be charged with a gross misdemeanor. (Art. 2, Sec. include mental health screenin and chemi- 47) cal dependency treatment. • imposes up to five years imprisonment for shooting at an occupied city bus, and up to While the bill includes no funding for the three years for firing upon an empty bus (Art. 2, Sec. 49); juvenile jails, the bonding bill (HF218) does • doubles the prison term for furnishing a minor with a gun, to ) 0 years, up from five include S 19 million to pay for secure juvenile years imprisonment (Art. 3, Sec. 18); facilities. (HF2074 /SF1845/CH576, Sec. 4) • imposes up to five years imprisonment for possessing a gun or other dangerous Certifying kids as adults weapon in a courthouse or in the State Capitol (Art. 3, Sec. 21); I There will be a presumption. to try 16- and • imposes up to five years imprisonment for altering or removing the serial number on a 17 -year -olds as adults if the juvenile cour gun, or for possessing such a gun. (Art. 3, Sec. 22); decides a prison sentence is likely or if t juvenile used a firearm while committing • makes it a felony to brandish a BB gun in a threatening way (Art. 3, Sec. 23); and felon}'. In ocher words, juveniles will face an • makes it a gross misdemeanor to carry a BB gun in a public place (Art. 3, Sec. 42). adult trial unless they prove they warrant a HF2351' /SFnone /CH636 juvenile hearing. (HF2074`/SF1845/CH576, Sec. 13) 10 SESSION WEEKLY / May 13.199A Extended jurisdiction juveniles study further whether the records should be 4); and Serious and repeat juvenile offenders will public or private and how tong they should • $2.2 million for high risk youth violence face a new juvenile court proceeding de- be retained. (HF2074*/SF1845/CH576, Sec. prevention grants. (HF2074 */SF1845/ "--e signed as a "last chance" before entering the 41) CH576, Sec. 67, Subd. 4) adult district court — and prison — systems. Under an extended jurisdiction juvenile Juvenile jurisdiction Community crime reduction grants (EJJ) proceeding, certain 14- to 17- year -olds Inmost cases, juvenile courts will maintain An additional $2.2 million will be used to will be entitled to legal counsel and a jury jurisdiction until an individual's 21st birth- expand the community crime reduction grant trial. (Currently, 11 states allow for jury trials day, unless the court terminates its jurisdic- program administered by the Department of for juvenile court proceedings.) tion before that date. Under current law, Public Safety. Under current law, the funds Those teens found guilty will receive a juvenile court jurisdiction ends at age 19. must be spent on programs designed to dis- juvenile coup penalty and a stayed adult (HF2074 */SF1845/CH576, Sec. 25) courage involvement with drugs or gangs or criminal penalty. If the juvenile violates the on "innovative" programs that draw signifi- conditions of the juvenile penalty, and/or Juvenile drunk drivers cant participation from the community served commits another crime, the adult sentence Minors at least 16 years of age will face by the program. The 1993 Legislature allo- would kick in. A hearing process will be district court — not juvenile court — if cated $1.4 million for such programs. allowed to those who contest the imposition charged with a DWI offense, orwrith any non- The law is expanded to fund programs to of the adult penalty in such cases. felony traffic penalties in connection with the prevent truancy, increase high school gradu- A juvenile court proceeding will become same DWI charge. (Sec. 30) ation rates, and intervene with juveniles who an "EJJ" hearing if: Juveniles will be held before trial in a are considered likely to participate in crimi- • the minor was 14- to 17 -years old at the secure juvenile detention facility, and, if found nal activity. (HF2074 */SF1845/CH576, Sec. time of the alleged offense, a certification guilty, will be placed in a residential treat- 38) hearing was held, and the court ruled for ment facility or a juvenile correctional facil- the EJJ process instead of certifying the ity. (HF2074 */SF1845/CH576, Sec. 33) Mental health screening child as an adult; A total of $500,000 in additional funding • the offender was 16- or 17 -years old and is Firearm restrictions will continue to fund mental health screen - alleged to have committed a felony and Any juvenile certified to adult court and ings and non - residential treatment of juve- used a firearm, or the crime would result in convicted of a "crime of violence.' which nile offenders. Established by the 1992 Lej _ a prison sentence, and the prosecutor chose includes nearly three dozen offenses ranging islature, the programs are designed to reduce `} an EJJ; or from arson to murder, will be ineligible to the number of repeat offenders by treating `'• the offender is 14- to 17 -years old and the possess a firearm for 10 years following their underlying mental health problems that con - EJJ is requested by the prosecutor, and the release from prison. Additional convictions tribute to delinquent behavior. (Sec. 67. Subd. court, after a hearing, agrees to an EJJ for a crime of violence would start the time 9) prosecution. (Sec. 14) clock over again. (Sec. 3) The program, established by the 1992 The Department of Corrections will re- The provision also applies to juveniles or Legislature, is expanded to include children ceive $100,000 to develop and implement a those convicted in an EJJ proceeding who alleged or found to be delinquent, or found to plan for EJJ proceedings .(HF2074 * /SF1845/ committed a crime of violence. (Sec. 34) be in need of protection or services. Cur - CH576, Sec. 67, Subd. 2) A separate provision prohibits possession rently, only juveniles in shelter care or in a of a pistol or assault weapon for 10 years for detention facility are eligible for the mental Parents in court the same offenders. (HF2074 */SF1845/ health assessments and treatment program. Unless excused by the court, parents or CH576, Sec. 55) (HF2074 */SF1845 /CH576, Sec. 18) guardians will have to accompany their chil- dren at an EJJ or delinquency proceeding. Education grants Hot line for school crimes Those who are no -shows could face charg A total of $4.9 million will fund grants A 24 -hour toll -free hot line will be run by of contempt. (HF2074 */SF1845 /CH576, Sec. administered by the Department of Educa- the Department of Public Safety (DPS) to take 21) tion designed to stem violence or stop it tips on crimes committed on school prop - before it happens. A majority of the funds will erty. Calls leading to an arrest could get the Keeping court records go to three specific programs: tipster a reward of up to $100. A $20,000 Juvenile court conviction records will be • S1 million will fund violence prevention appropriation will establish the hot line. (Sec. held on file until the offender reaches the age grants to school districts. Grant funds will 40) of 28. Under current law, the records are held be used to develop and implement vio- The 1992 Legislature directed DPS to es- until the offender turns 23. (Sec. 22) lence prevention programs to be integrated tablish a similar line to refer crime victims to EJJ records, which are classified differ- into existing K -12 curriculum (Sec. 67, appropriate agencies. (HF2074 * /SF1845/ ently, will be forwarded to the Bureau of Subd. 4); CH576) Criminal Apprehension and held for 15 years • $1.5 million will be for learning readiness after disposition of the case. The data will be programs, which help to prepare pre -kin- Pretrial diversion programs `* onsidered private. However, if the EJJ dergarten children for school. Such pro- By July 1, 1995, all county attorneys must ffender's adult sentence is imposed, the data grams integrate social services, health and establish pretrial diversion programs for ju- becomes public. (Sec. 23) nutrition components to ensure the suc- venfle offenders. Under a separate provision, a database on cess of the child. The programs are de- The program goals will emphasize court EJJ juveniles will be created, and the criminal signed to serve at -risk and developmen- alternatives that focus on promoting restitu- and juvenile information policy group will tally disadvantaged children (Sec. 67, Subd. tion to victims, reduce costs to the juvenile May 13, 1994 / SESSION WEEKLY 11 court system, and minimize the number of Under the bill, which is effective Aug. 1, against each other. repeat offenders. judges will be required to order those con- The new measures will not change current The original House proposal called for victed of DWI and related crimes to serve law with regard to a driver's license revoc $1.1 million in funding for the program, but their sentences back -to -back (consecutively) tion. Drivers will lose only their License the funds were eliminated from the final instead of merging all sentences into one the type of vehicle they were drip ing at t proposal. (HF2074 */SF1845/CH576, Sec. (concurrently). time of the arrest. 42) Currently, a person may be convicted of HF2985/SF1961 * /CH615 two or more drunk driving offenses, but Youth grants to cities usually serves the sentences concurrently. A total of $1.15 million in grants will be For instance, someone who is charged with a DEVELOPMENT available to cities for curfew enforcement, second DWI, white they're still waiting to go truancy prevention, and after - school and to court for a first DWI, would probably serve World Trade Center summer recreation programs for youth. only one sentence for both violations. The grants will be administered by the Under the new law, sentences for these The World Trade Center Corp. will receive Department of Economic Security, which is types of DWI crimes must run consecutively. $189,000 during fiscal years 1994 and 1995 the new name of the former Department of And those serving sentences for multiple to reduce its debt under a section of the state jobs and Training. (HF2074 */SF1845/ gross misdemeanor offenses could spend up supplemental budget bill signed into law CH576, Sec. 67, Subd. 10) to four years in jail — up from the current May 10 by Gov. Arne Carlson. three- } ear limit. P The corporation, however, will not receive ' Reducing truancy Likewise, when a consecutive sentence is $111,000 of the total appropriation slated for The Department of Education will receive ordered for a gross misdemeanor and one or fiscal year 1995 unless St. Paul businesses $100,000 to help fight truancy in schools. more misdemeanor DWI offenses, the jail contribute half that amount. (Art. 4, Sec. 9) Grants will be awarded to community orga- time limit will be extended to two years. The corporation oversees the World Trade nizations that provide intervention, preven- (Although the maximum jail time for a Center in downtown St. Paul, a quasi- public tion, and educational services. Such services gross misdemeanor is one year, the law al- agency that tries to attract foreign companies could include individual or family counsel- lows for more J ail time to be served when the to do business in Minnesota. ing, tutoring, or an assessment to determine sentences are served back -to- back.) In 1993, lawmakers gave the corporation the underlying issues contributing to the The proposal also adds two more catego- 5200,000 to help pay its debts and operating truancy problem. Priority for grant funding ries to the "habitual DWI offender" defini- costs. The 1992 Legislature granted the cor- will be given to programs that involve local tion. Right now, people convicted of a DWI potation $580,000 in an effort make it law enforcement agencies and address el- for a third time in five years or a fourth time attractive to any potential private buyer ementary and middle school students. in 10 years must spend a minimum of 30 days Last year's appropriation also contained a Those organizations receiving grants will in jail. Under the bill, someone convicted of clause stating that "this section is intended to required mil annual ro ress re ea or be e tred to sub a slat DWI within 10 years o h q p � ) eighth make it clear that the state of Minnesota is not ports to the Legislature. (HF2074 * /SF 1845/ within 15 years must be sentenced to at least and never has been nor will be responsible for CH576, Sec. 1) one year in jail, or intensive probation with the obligations of the corporation." electronic alcohol monitoring. Language in the new law also directs the Graffiti patrol In addition, if an alcohol related offense corporation to cooperate more with the Min - A total of $60,000 in state funds will pay and a non - alcohol related offense are com- nesota Trade Office and the Department of for community service work crews to remove mitted during the same incident, such as Trade and Economic Development. graffiti from both public and private prop- someone driving while intoxicated and with- Rep. Loren Solberg (DFL - Bovey) spon- erty. (HF2074 */SF1845/CH576, Sec. 67, . out insurance, the new law gives a judge the sored the bill in the House and Sen. Gene Subd. 2) option of ordering consecutive sentences. Merriam (DFL -Coon Rapids) carried the lea Currently, a judge can order just the most islation in the Senate. Stiffer DWI penalties severe punishment to be served. HF3215/SF2913 */CH632 Besides increasing jail time for multiple Repeat DWI offenders will spend more DWI offenders, the law also states that prior 'Phalen Corridor' time behind bars under a bill Gov. Arne drinking and driving offenses — no matter Carlson signed into law May 10. what type of vehicle was involved will The city of St. Paul will receive a $450,000 And those who drink and drive in different enhance penalties for future offenses. grant to develop a 100 -acre railroad corridor types of vehicles — including cars, snowmo- Under current law, a snowmobile or boat- in the northeast section of the city into an biles, boats, and all- terrain vehicles — will ing drunk driving conviction goes on an industrial park, under a provision in the state also find past offenses more likely to stack up offender's driving record. If a person has had supplemental budget bill signed into law against them. a BWI (boating while intoxicated) and is later May 10 by Gov. Arne Carlson. The 1994 omnibus DWI bill, sponsored in convicted of a DWI, the DWI would be The $450,000 grant to turn the "Phalen the House by Rep. Charlie Weaver (IR- Anoka) treated as if it were the second such offense. Corridor" site near Lake Phalen into a and in the Senate by Sen. Gene Merriam (DFL- However, a previous DWI would not count industrial park will not be available, Coon Rapids), increases penalties for people against someone later convicted of a boating ever, unless the city also pitches in an eq who make a habit out of drinking and driving. or snowmobiling offense. Under the new amount for the project. (Art. 4, Sec. 3) Lawmakers say these offenders are "slipping law, that no longer will be the case — boating The site is located in an area of St. Paul with and snowmobile violations also will stack up a relatively high level of unemployment, ac- throu a h the cracks" of the present system. cording to city officials who pitched the 1 0 100 A proposal at a House committee hearing ear munitv college and state university systems. lier this session. Thus, workers who could fill E D U CATION According to th state Office of the Attorney the jo created in the corridor would be General, the late payments can't legally con - �`� close at hand, they said. K-12 funding tinue after the merger, which is scheduled to Plus, the area is near Interstate Highway be completed by July 1995. The money to 35E, which should make the area attractive to School districts will get an extra S 15 million "settle up" with the technical colleges will businesses, the officials said. to keep teachers up to speed on the latest come from the state's general fund_ (HF2189 */ Rep. Loren Solberg (DFL - Bovey) spon- instruction methods, and the state will spend SF2206/CH647, Art. 15, Sec. 1) sored the state supplemental budget bill in $3 million to make its school buses safer, the House and Sen. Gene Merriam (DFL- under the 1994 K- 12 supplemental budget bill Per pupil unit funding increase _ Coon Rapids) carried the legislation in the Gov. Arne Carlson signed into law May 10. The state will give school districts an extra Senate. The state also will pay for several different 515.7 million in fiscal year 1995 to help pay HF3215/SF2913 */CH632 educational grant programs, and spend $2 for a mandate it imposed last year. million to take metropolitan area schools a The state currently pays $3,150 per pupil few steps closer to achieving racial balance. unit. The additional funds will increase that DRUGS In total, Minnesota will spend an addi- amount by S 17.10. tional 549 million on K -12 education pro- The increase is a one -time appropriation. No 'Crary Horse' malt liquor grams in fiscal years 1994 -1995. However, It is expected to offset the costs of a 1993 law only $22.4 million of those funds will be an requiring districts to spend more money on Crazy Horse brand malt liquor will be additional draw from the state's general fund. staff development — training to keep teach - banned in Minnesota under legislation signed The remainder will come from a reallocation ers up -to -date with new advances in their into law May 9 by Gov. Arne Carlson. of existing state education dollars. fields of expertise. (HF2189"/SF2206/ But drinkers can imbibe later on Christmas Additionally, the State Technical College CH647, Art. 1, Sec. 38) Eve under another provision in the omnibus System will receive $24 million in state aid liquor bill, which makes many technical payments that have been intentionally de- Bus safety changes in state law regarding the sale and laved. Minnesota school districts -will get a 1 consumption of alcoholic beverages. The K -12 education bill was one of the last percent boost in their transportation safety The "Craw Horse" provision in the new to win legislative approval this session. A aid each year —an extra S3 million statewide law instructs the state Liquor ontrol Divi- conference committee haggled over House — to make their buses safer, and school bus W ton to revoke the registration of any brand and Senate proposals for nearly three weeks drivers will get more training to help them hat "states or implies in a false or misleading before reaching a compromise May 6 --w-just handle their sometimes unruly passengers. manner a connection with an actual living or hours before the Legislature was set to ad- With the funds, districts will be able to pay dead American Indian leader." The change in journ. for adult monitors, video cameras. public this provision is effective Auo. 1, 1994. And despite Gov. Arne Carlson's recent address systems, crossing control arms, or A Newyork City -based brewer introduced streak of line -item vetoes, he signed the K -12 other measures aimed at improving school the Crazy Horse brand in Minnesota last year. bill without cutting any programs or spend- bus safety. Although each district will be able It evoked an outcry from American Indians in, to choose its own means for making buses and others who said the label was offensive to The bill was sponsored in the House by safer, choices must be pre - approved by the the memory of the Oglala Lakota chief, who Rep. Kathleen Vellenga (DFL -St. Paul) and in Department of Public Safety. opposed the use of alcohol. the Senate by Sen. Larry Pogemiller (DFL- The law also designates the first week of The new law- also strikes language in cur- Mpls). Man }° sections of the omnibus bill, school as school bus safety week. During the rent law that prohibits bars and restaurants however, were taken from other bills intro- week, each district is required to provide K- from serving alcohol after 8 p.m. on Christ- duced during the session. Sponsors of those 12 students with bus safety training. Training mas Eve. The change means that Christmas measures are noted wherever possible. should include the theme that riding the bus Eve closing time will be at 1 a.m. the next day HF2189 */SF2206/CH647 is a privilege, not a right. the same as on most nights of the year. The Another provision gives school boards the change in law will be in effect by Christmas Technical college shift option of designating one day during school Eve 1994. A total of $24 million will be paid back to bus safety week as "School Bus Driver Day." Another provision in the bill, effective May the state's technical colleges. This provision, Earlier this session, the House passed a bill 10. authorizes charitable, religious, or other which originally was included in the higher declaring the second Monday in January non - profit organizations to raise money by education funding bill, was shifted to the K- "School Bus Driver Day" in the state, but the holding wine- tasting events, but only if the 12 bill during conference committee negotia- bill did not gain Senate approval. events do not last more than four hours. tions. The law also tightens training standards Rep. Joel Jacobs (DFL -Coon Rapids) spon- Currently, the state's technical colleges are for school bus drivers. It will require them to sored the House bill and Sen. Sam Solon pan of Minnesota's K -12 education system have eight hours of training each year in areas (DFL- Duluth) carried the legislation in the and, like elementary and secondary schools, such as safety, first aid, emergency situations, enate. receive some of their state aid payments late. and understanding student behavior, includ- HF2617 * /SF2161 /CH611 The state intentionally pays schools some of ing behavior relating to students with dis- their money late and the accounting shifts abilities. This training is in addition to regu- have left districts short of cash. lar standards the drivers are currently ex- The state's technical colleges, however, petted to meet. will soon be merged with Minnesota's tom- The S3 million allocation includes S 15,000 May 13, 1994 / SESSION WEEKLY 13 to fund a newly created school bus safety "' advisory committee that will keep abreast of school bus safety issues in the state and make recommendations to the Legislature for fur- _ w Cher improvements. Originally, the House bus safety proposal mandated that districts use the extra money 4! i to buy - 'safety crossing control arms" for all " t their buses. The retractable arms can extend , eight feet in front of a bus, forcing children to walk around them in full view of the bus driver. However, lawmakers adopted the Senate proposal in conference committee, giving districts the option of buying the arms or spending the money on some other safety measure. The bus safety measures were sponsored in the House by Rep. Betty McCollum (DFL- North St. Paul), and contained many recom- mendations from a 17- member school bus safe[ task force the Legislature created last The state will give schools more money to decrease their kindergarten class sizes, under a provision in yeary(HF2189 */SF2206/CH647, Art. 12) the omnibus K -12 law approved this year. (HF2189 */SF2206/CH647) within the Department of Education, will, graduation rule. Burnsville fire funds among other things, distribute information, The original House proposal, sponsored The state will give the Burnsville School assist with interdistrict transfers, and help by Rep. Alice Johnson (DFL- Spring Lake District $500,000 to help it recover from a districts develop new magnet schools and Park), would have required the board to gain fire that blazed through Burnsville Senior programs. approval from the Legislature next year in High School April 25. The office will also monitor the progress of order to implement the standards statewide. The law also gives the district permission desegregation in metro area schools, and peri- But the compromise bill maintains current to have a shorter school day and offer fewer odically consult with the Metropolitan Coun- law, and states that the board must give than the 170 instructional days that are re- cil to coordinate desegregation and integration Legislature a yearly update on its pro quired by law to complete the school year. efforts with housing, social, economic and with implementing different phases of the The exception will allow Burnsville stud ents other needs of the Cities area. graduation standards. (1­11`2189 *61`2206/ to graduate on time. The remaining desegregation dollars will CH647, Art. 7, Sec. 1) Although damages from the fire are esti fundthreedifferentgrantprograms :$200,000 mated between $5 million and S7 million, to an existing program to attract teachers of Voter referendums most of the school's expenses will be covered color; $100,000 for mentorship grants to A section of the bill will smooch the transi assist beginning minority teachers; and Lion for districts that must change the way by insurance. The proposal was originally spon_ sored in the House by Rep. Connie Morison S50 for grants to encourage minorities they collect extra property taxes from local (IR- Burnsville) and in the Senate by Sen. David specializing in business, science and other taxpayers for education. Knutson (IR- Burnsville). (HF218)*/SF2206/ careers to seek alternative teaching licenses Currently, about two- thirds of the districts CH647, Art. 14, Sec. 3 -4) and share their expertise with students. in the state have successfully asked their local (HF2189 */SF2206/CH647, Art. 8, Sec. 1- taxpayers to pass an excess levy referendum, Desegregating schools 2)Graduation rule changes meaning their residents have voted to pay The state will spend $2 million to help The State Board of Education will proceed more of a district's day -to -day operating ex- achieve racial balance in Twin Cities area on schedule with plans to implement state- penses. Most levies are collected using a "net schools. wide graduation standards in Minnesota's tax capacity" formula, where a larger tax The bulk of the money, $1.5 million, is set high schools. burden is placed on commercial property— aside for grants to districts to plan and de- Last year, the Legislature gave the Depart- giving most homeowners a reduced share of velop magnet schools, which traditionally ment of Education $10 million to develop the tax burden. offer specialized .programs in addition to standards that students across the state would Under current law, all such levies will regular classes to attract students. be required to achieve in order to graduate expire in 1997 and any new levies must be Lawmakers say magnet schools help the from high school. The law also said the based on a "market value tax system." Under state achieve "voluntary" desegregation by standards could be put in place for students the new law, districts will have until the year offering programs to attract students to other entering high school in 1996; this year's law 2000 to make the conversion. districts. For example, a specialized inner clarifies that to mean students entering ninth A market value system taxes both comme - city school that attracts many suburban stu- grade in the 1996 -97 school year. cial and residential property based solel b dents would help a school achieve better In addition, the new law requires the state market value. This would reduce the racial balance. Board of Education to consult with the Spe- burden on commercial property and shift Another S 150,000 will be used to establish cial Education Advisory Council in develop- some of the load to homeowners. a state office to coordinate and support actiVz . the standards to ensure that students with In addition, a new levy can last 10 years. ties relating to desegregation. The office, disabilities can fully participate under the Current law limited them to five years. I A CCC Cirl'NI %A /CCVI V / A _.. 1'J 1 00 A (HF2189 */SF2206/CH647, Art. 1, Sec. 17- the different services available to them. the S200,000 is meant to help pay for the new 20) The Part H provision originally came from districts. This measure was sponsored in the .5 a bill sponsored in the House by Rep. Alice House by Rep. Kathleen Vellenga (DFL -St. Remembering kindergarten Seagren OR-Bloomington). Paul). The state will pay an additional $8.7 mil- Measures to improve special education Another provision allocates $167,000 fora lion to help districts cut class sizes. The services for older children in the classroom pilot program to explore the effects of giving measure actually fixes a glitch in the 1993 law are also included in the bill. nutritious breakfasts to all children in four that ordered districts to begin reducing their School districts will get $1.5 million extra selected elementary schools, without regard class sizes and gave them more than $100 to help them buy equipment to make it easier to eligibility for free or reduced -price meals. million to do so. for special education students to be Under the pilot project, tw h P o of the schools Although the 1993 law required districts P , q mainstreamed. The funds will come in the must have a high h concentration of low -in- to reduce their student-teacher teacher rati os for form of an extra $3 per pupil for their capital come students, or more than 40 percent grades K -6, the state only funded reductions expenditure accounts. qualifying for free or reduced price lunches. for the first through sixth grades. Lawmakers Districts will be required to use the extra The other two schools could have an average inadvertently omitted kindergartners from money for telecommunications equipment, population, from 15 to 40 percent, of stu- the formula for class size reduction aid. computers, and other related management demswho would qualify for discounted meals. The new law adds kindergarten students equipment that would help integrate special At the end of the year, the Department of to the Formula, and makes the funding con- education students into the mainstream class- Education will evaluate the four grant sites to sistent with the mandate. (HF2189 */SF2206/ room. CH647, Art. 1, Sec. 6) determine the impact of the breakfast pro - Acting on recommendations from astate- gram on discipline, test scores, attendance Cooperative revenue appointed task force on children with dis- rates, and other criteria. The breakfast pilot abilities, the law directs the Department of program was sponsored in the House b , Rep. The state w211 spend an extra S4.6 million } P Education to assist schools in providing eneral staff Alice Johnson (DFL- Spring Lake Park). to help districts cooperate with each other to training that combines special and g improve their services. o (HF2189 */SF2206/CH647, Art. 8, Sec. 30, education teaching methods. This provision 35) Currently, all districts receive S50 per pu- is meant to encourage school districts to pit for cooperation aid — money to help integrate special education and regular edu- Helping gifted students them pay for programs or services they pur- cation teaching practices whenever possible. The state will spend an additional $450,000 chase in cooperation with another district, The law also allocates $25,000 to continue on programs for gifted students. such as foreign language classes, secondary the task force on children with disabilities for Normally, students are charged for test ducation programs, and some special edu- one more year. (HF2189 */SF2206/CH647, taking and other fees associated with the state cation services, Art. 3) Advanced Placement and International Bac- Under the new law, districts will receive calaureate programs forthe gifted. Currently, $67 per pupil for cooperation aid. Male responsibility lit between property p ry the state allocates $300,000 to help low - Cooperation aid is split P P y Young men will learn about the responsi- income students participate. tax levies and state aid, depending upon a bilities of fatherhood, under a provision that The extra money is expected to pay for all district's property tax base. For some dis- calls for $500,000 to promote "male respon- students to take one test, and up to half for a tricts, the $67 will come entirely from their sibility." second test. The state is not obligated to pay property taxes. For others, especially dis- The new law makes grants available for for portions of a second test if the money runs tricts that have a low property tax base, the youth or parenting programs that collaborate out. state will pay a portion of the aid and the with school districts to educate young people, The provision does not change the current district will add the rest to the property tax particularly 10- to 21- year -old males, on the procedure, under which the state pays all fees levy. (HF2189 */SF2206/CH647, Art. 6, Sec. responsibilities of parenthood. for eligible low- income students. Rep. Alice 24) Each dollar must be matched with 50 cents Johnson (DFL -Spring Lake Park) sponsored of non -state money or in -kind contributions. this proposal in the House. (HF2189 */ Special education The measure is designed to prevent teen SF2206/CH647, Art. 7, Sec. 12) The state will carry out a federal program pregnancies and, in the long run, crimes for disabled infants and toddlers and their committed by young people who grew up Aid for 'Far out' districts families. without fathers. The state's most "far out" districts will get A provision of the law would bring Minne- The provision was originally sponsored in an extra $1.8 million a year, under the new sofa into the final phase of "Part H," a feder- the House by Rep. David Tomassoni (DFL- law. ally funded program requiring states to pro- Chisholm). (HF2189 */SF2206/CH647, Art.. The law increases a portion of the "sparsity vide, at no cost, certain special education 8, Sec. 24) services for disabled children up to 3 years revenue" that the state gives to Minnesota's old and their families. most geographically isolated school districts. School breakfasts This provision was taken from a bill intro - * The program is designed to coordinate the The state witlspend an additional $200 ,000 duced in the House earlier this session by rious special education programs and to help schools provide free or reduced- Rep. Iry Anderson (DFL -Ins 1 Falls). unty social service programs that are al- priced breakfasts to students who qualify, Currently, the state spends $5.8 million a ready in place; it enables families of disabled under the new law. children , i nstead of having to track down all t receive all their information l year to assist 60 of its most isolated school one place, requires more districts to districts. Administrators from those districts offer The provision the reduced price breakfast program; say they have a unique situation in that their distance from other schools prohibits them The certification was proposed in the House from sharing resources, as many urban and by Rep. Alice Johnson (DFL- Spring Lake suburban school districts do to save money. � Park). (HF2189 * /SF2206 /CH647,An.3,S The provision also adds three more dis- 17) tricts to the list of districts that are eligible for t the aid. (HF2189 */SF2 206/CH647, Art. 1, Cultural exchange Sec. 22 -23) The law sets aside 5142,000 for a cultural exchange grant program. Keeping kids up -to -date The program would create opportunities The state will spend $1.6 million to help for children and staff of different ethnic, districts take advantage of the latest technol- racial, and other cultural backgrounds to ogy to improve education and make it more share educational experiences. It would call efficient. for student and staff exchanges between dis- Under the provision, districts can apply for tricts with approved desegregation plans and "instructional technology" grants to help them districts without desegregation plans. buy or gain access to the latest classroom Under the program, participating districts technology. would develop summer programs reflective To be eligible for a grant, a school district of particular ethnic, racial, and other cultural or group of school districts must demon - aspects ofvarious demographic groups in the strafe collaboration with a business or higher "'` state. (HF2189 */SF2206/CH647, Art. 8, Sec. education institution. Community organiza- --- - - - - -- 23) tions or local units of government could also be involved. Sexuality and family life study The cooperatives will be expected to use The state will spend S25,000 to evaluate computers and other technological equip- sexuality and family life education programs ment to do things such as develop personal- in Minnesota schools. ized learning plans, create a broader curricu- Under the new law, the Department of lum, and gain access to electronic libraries. Education will conduct a survey, compiling (HF2189 */SF2206/CH647, Art. 7, Sec. 17) information on the sexuality and family life related curriculum offered in each sch Adjusting with disabilities The state's K -12 education funding bill, signed the age at which certain topics are tau into law by the g overnor, contains S2 million to The state will spend S2�0,000 next year to g research and staff training available to teach help students with disabilities move from help achieve racial balance in Twin Cities -area the subject matter, and the role of parents in schools. Of that money, S1.5 million goes to high school into the "real world." districts to develop magnet schools, which offer the sexuality /family life curriculum. The money will provide grants to enable specialized programs, such as advanced science (HF2189 */SF2206/CH647, Art 8, Sec. 44) districts to pay for education and training to and math, to attract students. (HF2189 */SF2206/ help disabled youth make the transition from CH6 Richfield airport impact aid high school to post - secondary education, lit libraries' ser ice to children, youth and The state will provide 5300,000 to help work, or community living. families. compensate the Richfield school district for The district will be able to use the money The grants, taken from a bill originally the loss of students who live in about 400 to contract with a center for independent proposed in the House by Rep. Alice Haus- homes affected by noise from nearby Twin living or other similar organization to pro- man (DFL -St. Paul), require collaboration Cities International Airport. vide the services. The Department of ECO- between a public library and at least one child The Metropolitan Airports Commission is nomic Security — formerly the Department or family organization such as a day care in the process of buying out the homes whose of Jobs and Training — will oversee the center or school district. (HF2189 * /SF2206/ residents have complained about airport noise program. (HF2189 */SF2206/CH647, Art. 3, CH647, An. 10, Sec. 1, 3) for years. Sec. 31) Since schools receive a pan of their state Interpreters aid based on the number of students en- Library improvements Anyone who provides American sign Ian- rolled, the declining pupils due to the buyout Two parts of the K -12 education measure guage, English interpreting or sign transliter- is expected to have a significant impact on the will benefit the state's library systems. acing services for a Minnesota school district district's state aid payment. The $500,000 is The first calls for 555,000 to recruit stu- must be certified after the year 2000. meant to offset the decrease in funding and dents of color to become librarians. The Interpreters can be certifiedbythe Registry help the district through the transition. money will help pay tuition for professional of Interpreters for the Deaf, the National (HF2189 */SF2206/CH647, Art. 1, Sec. 41, development programs in the field of library Association for the Deaf, or the state Board of Subd. 2) science or information management. Education. They must also complete an ac- The provision comes from a bill originally credited interpreter /transliterator training proposed in the House by Rep. Lyndon Carl- program. 0 son (DFL - Crystal). Currently, school interpreters are not re- A second provision would establish a quired to be certified, although most have 550,000 grant program to help improve pub- completed an accredited training program. 1 A CFSGICIN Wrrkll V/ AA,,, 1 Z 100 A Starting school early W ee ognizing an important Jewish holiday the unique importance of the first day of - school, Minnesota school districts will have the option of starting classes a few days earlier this fall. `''.g �t s x v Gov. Ame Carlson signed a bill into law � F April 6 that would allow districts to start the 1994 -95 school year on Sept. 1, the Thursday before Labor Day. Minnesota law currently prohibits school districts from starting classes before Labor` Day — schools usually start the day after Labor Day. This year, however, the begin- Y ning of Rosh Hashanah, the Jewish New Year,, falls on what would normally be the first day of school. Y Jewish children do not go to school on g Rosh Hashanah; the two days are tradition- , all}' set aside for confession and introspec- Almost all elections would be held in November under a uniform elections bill that awaits Gov. Arne Lion. Carlson's consideration. (HF323/SF1512 */CH646) :k Under the bill, sponsored in the House by Exceptions to the uniform election day precinct to vote in the same place. This often # Rep. Jim Rhodes (IR -St. Louis Park) and in under the bill would be most township elec- helps small towns save money on election the Senate by Sen. Ted Mondale (DFL -St. lions and school bond and lev} referendums. judges and other expenses related to holding - Louis Park), districts can decide to start earl}>, Township elections could still be held in elections. allowing Jewish students to attend the first March. The bill's House sponsor, Rep. Tom The new law, effective Aug. 1. 1994, and day of classes. Osthoff (DFL -St. Paul), said townships were sponsored in the House by Rep. Peter Ro- HF1845 */SF1693/CH392 left out because they hold annual "town hall dosovich (DFL- Faribault), will continue to meetings" where residents discuss the issues allow for a common polling site, but each city for the year, and he didn't want to disrupt or town will be required to use a separate ELECTIONS that process. ballot box for each precinct. Residents of metropolitan area towns, how- According to Rodosovich, the Office of the l: ever, could choose to move their elections to Secretary of State, which oversees elections, Pending Governor's November as well. has been unable to attribute specific results to J signature Under the bill, cities, counties, and school towns and cities that combine for elections. 3: Uniform elections districts could begin holding November elec- The new law will allow them to deliver tai- n Lions whenever they choose, but they must lored results to each city by precinct. A bill to hold all Minnesota elections — begin b. 1998. Sen. Lawrence Pogemiller (DFL - Mpls) t. except special elections and most township The bill also would set a mandatory mini sponsored the bill in the Senate. { elections — in November was approved by mum voting time from 5 p.m. to 8 p.m. for HF2672/SF2297 * /CH607 bothlegislative bodies before the ) adjoumed. city and school elections outside the metro- e It now awaits action from Gov. Ame Carlson. politan area. Currently, cities can set their _ Currently, city and school elections can be own voting time as long as it lasts at least = EMPLOYMENT held on different days during the year. three hours. In the metropolitan area, polls The bill would require city, school district, must be open fora municipal election from at St. Paul residency requirement and special district elections that are held any least 10 a.m. to 8 p.m. other time to move to the Tuesday following The bill was sponsored in the Senate by Newly hired ,St. Paul employees will be the first Monday in November. In even- Sen. William Luther (DFL - Brooklyn Park). required to live within the city limits — numbered years, those elections would then HF323 /SF 1512 */CH646 provided its city council agrees to the idea — coincide with state and federal elections. under a bill signed into law by Gov. Ame Primary elections must be held in September. Carlson May 5. Elections could be held in either even- City leaders, who requested the legisla- numbered years or in odd - numbered years Small town polling results tion, have testified that if their employees live . the discretion of the local governin g bod- R in the city, more of their paychecks would be Z. ether to o Rural cities and towns that get tog i hold their elections at a common polling site spent in the city. They also believe that the Also under the bill, terms for school board each will be required to bring along their own cit would be safer if its police officers and Ir members elected after January 1995 would ballot boles, under a bill signed into law b} firefighters were required to live within St. be increased from three to four years. Gov. Arne Carlson \lay 6. Paul's borders. c The House passed a House - Senate com- Under current law. up to four non - metro Current St. Paul city employees would not f promise bill May 6 b }' a 111 -21 vote. The politan cities or towns can combine into one be affected by the new law Senate passed the bill the same day, 60 -3. It will be up to the St. Paul City Council to ;: decide how to carry out the residency re- quirement. Council members may decide, for example, to give new hires one year to move into St. Paul. ye..�... Last year, the Legislature authorized M neapolis to adopt a residency requirement. " , -�� -" The Minneapolis City Council gives new x � h 3� , employees one year after they're hired to x move into the city. About 52 percent of the 3,500 St. Paul city employees live outside St. Paul, said House bill sponsor Rep. Steve Trimble (DFL -St. Paul). The legislation was sponsored by Sen. Randy Kelly (DFL -St. Paul) in the Senate. HF881 /,SF309 * /CH570 Dept. of Economic Security Whether to allow NSP to store 17 casks of spent nuclear fuel outside its Prairie Island plant was one of the most controversial issues the Legislature faced during the 1994 session. In the end, lawmakers The Minnesota Department of Jobs and approved the proposal and the governor signed the bill into law, (HF2140/5F1706 * /CH64I) Training has a new moniker with a distinctly debate Mav 6, the House voted 86 to 46 to within a year. With 17 of the storage casts, older flavor. On April 22 its name was legally allow the casks. Earlier that day, the Senate the utility says it can continue its Prairie changed to the Department of Economic passed identical legislation, 43 to 22. Island operations until about 2001. Security — the same name the department had from 1977 to 1985, under a bill signed The issue pitted NSP and other energy "This is the safest thing to do," said Rep. interests against environmental groups and Loren Jennings (DFL- Harris), sponsor of the into law by Gov. Arne Carlson April 21. the power planisneighboringDakota (Sioux) House legislation. Jennings said that he was The name change reflects the °role, mis- community, which contends that above- confident that NSP would eventually be able Sion, and responsibility" of the department, ground storage is unsafe for humans and the to move the radioactive casks away from the said its commissioner, R. Jane Brown, who pushed for the legislation this session. A environment. power plant and the neighboring Prairie similar bill failed last year. The legislation sent to the governor was a land Mdewakanton Dakota Indians. The department does much more than House - Senate conference committee report "We are going to move the casks," he sat , find jobs for people and train them, said that emerged between widely different legis- either to another site in surrounding Goodhue Brown, explaining the department's decision lative visions on how to chap the state's County or to a proposed federal depositor to seek a name change. energy future. under Yucca Mountain in Nevada. The departmentadministersprogramssuch Under the House version of the legislation, Rep. Willard Munger (DFL- Duluth) and as Head Stan, a government education pro- NSP would have been prohibited from stor- other foes of NSP's plan have argued that gram for disadvantaged pre _choolers, and in radioactive waste in above- ground casks. federal efforts to develop a permanent nuclear provides help with energy bills and services The Senate version permitted the powercom- waste repository have stalled, so there would to the blind. pang to have 17 casks. be no assurance that any nuc waste casks Rep. Barb Vickerman (IR- Redwood Falls) Under conditions outlined in the final com- would ever leave Prairie Island. sponsored the bill in the House. Sen. Dennis Promise, NSP will be able to eventually ac- To his colleagues who planned to vote for Frederickson (IR -New Ulm) sponsored the quire and fill 17 casks, provided the com- the legislation, Munger asked: How will you Senate companion. pany invests in alternative energy and searches respond when your grandchildren ask why HF936 */SF961/CH483 for a storage site away from its Prairie Island you voted for a permanent nuclear waste plant. dump in the state' In the debate preceding the final vote, Under the new law, the state's largest power ENVIRONMENT some House members said the compromise company has permission to use five storage report contained too little of the House's casks immediately, and can use 12 more if it wishes. meets certain conditions. Prairie Island nuclear storage "This bill is not a compromise bill," said Four of the 12 additional casks will be Northern States Power Co. (NSP) would Rep. Alice Hausman (DFL -St. Paul). "NSP available when NSP has either constructed, eventually be permitted to store radioactive asked for 17 casks and it is getting 17 casks." purchased, or has under contract an addi- waste in 17 storage casks alongside its Prairie Specifically, NSP sought the Legislature's tional 100 megawatts of wind power. NSP Island power plant in Red Wing provided permission to transfer radioactive waste from could only get the four additional casks if it it meets several conditions, und bill signed its indoor, underwater temporary storage also becomes actively engaged in searching into law b} Gov. Arne Carlson May 10. pool to above- 17-foot-tall steel casks for a site away from its Prairie Island p The Minnesota Legislature, on the final `weighing 122 tons when fully loaded with plant, but still within surrounding Goo day of the 1994 legislative session, approved radioactive waste. County. the bill granting NSP the authority to store NSP officials have stated that without dry In addition, the company can use eight radioactive waste. cask storage they would have to shut down more casks unless the Legislature enacts a law After nearly three hours of emotional Floor one of the two reactors at Prairie Island by June 1, 1999, specifically revoking per- 1 SESSION WFFKLY / Mnv 13 1 o9d mission. The Legislature could only revoke Permission for the casks if, be that time NSP Timeline for NSP nuclear waste storage has not begun constructing an alternative site O or if the company has not met goals outlined n the legislation regarding wind power and Number of casks Conditions` biomass. When The legislation signed by the governor also 5 none includes provisions requiring NSP to: May 11, 1994 construct and operate or purchase or con- 4 more (1) NSP must file a license application Dec. 31, 1996 tract for 225 megawatts of wind ener gy by for a storage site away from Prairie with the Nuclear Regulatory Commission Dec. 31, 1998, and an additional 200 mega- Island; and (2) NSP operates or contracts watts by the end of 2002; for 100 more megawatts of windpower • construct and operate or purchase or con- 8 m tract for 50 megawatts of biomass energy ore Legislature can revoke approval for these June 1, 1999 rgy b pp the en 8 casks if d of 1 NSP 1 998. Biomass is n' t o perating eratin 9 or last d ener • is () P S} doesn't have under contract 50 megawatts Legislatu can rhe generatedbybuminganimalwasteand farm- of biomass energy and 125 more revoke authorization grown crops such as com; and megawatts of wind power, or 2 NSP • reduce by 50 percent the cost of the first hasn't begun construction of o waste site for 8 casks) 300 kilowatt hours per month purchased by away from Prairie Island) low- income customers. - Any casks in addition Public Utilities Commission rants The waste storage issue came be[ore the to the above 17 g Upon PUC approval Legislature because last June the Minnesota permission (casks must be in exchange for a Prairie Island plant shut down) Court of Appeals ruled that NSP's request for `Beginning ton. 1, 1499, NSP must pay $500.000 each year for each full cask still remaining o stor ap- outside its Prairie Island n sed to develop renewable energy nuclear power plant. The money will be ugy above —round stoma e needed le sources. proval. Although NSP received approval for its and construct snowmobile trails in fiscal earlier this year by the Department of Natural plan from the Public Utilities Commission year 1995; Resources (DNR) to balance the books of the (PUC) in August 1992, the issue landed in S 1.8 million in fiscal y ttle feedlots. 1995 to help agency's troubled game and fish fund. (See court three months later when the Prairie clean up poultry and ca • P Of this The DNR's name and fi s. Ani- March Island Mdewakanton Dakota Tribal Council mal waste can p ollute streams. 1, 1994, Session 1 fish f �, page a l r ealed the PUC decision. amount, S900 o s fund has also t 00 is earmarked for coun- been relieved Erom making treaty payments t O'en. Steve Novak (DFL -New Brighton.) ties that have established feedlot programs. to the White Earth and Leech Lake Ojibwe sponsored the Senate bill. Counties receiving grants must match the bands, as well as reimbursements to counties 1 HF /SF1706 * /CH641 money with a mix of their own money and for lost tax revenues on land taken for wildlife in -kind contributions; management areas. This was done in a sepa- - • S1 million to the Board of Water and Soil rate bill signed by the governor May 4. ` Harbors and feedlots Resources that will allow soil and water (HF3032 �/SF2445/CH561). districts to hire staff to help landowners The supplemental budget bill was spon- Boaters on Lake Superior will see a new improve conservation practices, Bored in the House by Rep. Loren Solberg harbor at Silver Bay, an farmers will receive • a requirement that Northern States Power (DFL- Bovey) and in the Senate by Sen. Gene help cleaning up their poultry- and cattle Co. relocate its power lines and poles away Merriam (DFL -Coon Rapids). t feedlots, with money provided in a from the Indian Mounds Park � f P new state m St. Paul. HF3215/SF2913 */CH632 supplemental budget bill signed into law by The electrical utility will assume the costs Gov. Arne Carlson May 10. involved in this project; But Carlson did line -item veto half of the • S300,000 for the Minnesota Pollution Con- Waste ManagementAet amended projects outlined in the House - Senate com- trol Agency to support statewide partner - promise bill. The new law now spends $3 ships to improve septic tank systems and Gov. Arne Carlson May 6 signed into law million on environmental projects across the storm sewers; changes to the state's existing Waste Manage - state in fiscal years 1994 and 1995. (See • $73,000 to the MPCA to continue a citizen ment Act and as a result banned the sale of Vetoed Bills section.) lake water quality monitoring program: some basketball shoes in Minnesota. Projects in the new law include: • $750,000 to assist farmers with feedlots to Effective May 7, the new law bans the sale • $1 million to corn implement a of some bask complete con P t mana em basketball construc of a ent practices for small craft with lights triggered a P g b r a mercury-activated ft harbor at Silver Bay. Last year using animal waste as crop fertilizer in- } ry- activated electric switch hid - F the project received S 1 million to acquire stead of having the waste pollute nearby den in the sole of the shoe. 25 acres of land and begin development of water sources; The half gram of mercury in the switch can the harbor project; • S175,000 to the Department of Agriculture get loose and enter the atmosphere when the 0 - 0,000 to improve state parks; for a rural loan program to improve water shoes are dumped or incinerated. Methyl 0,000 to acquire land for a boat access quality; mercury, the organic form of the liquid metal, F at Lake Minnetonka; • S 100,000 to the Department of Agriculture can damage the nervous system. • $600,000 from the Department of Natural for demonstration projects on pest man- Other sections of the new Waste Manage - Resources game and fish fund to maintain agement; and ment Act, sponsored in the House by Rep. The new law voids budget cuts made Jean `Vagenius (DFL -M, and in the Senate 1 4 I oo I i by Sen. Janet Johnson (DFL -North Branch) More than 340,000 failed or malfunction- will: ing septic tanks exist statewide, according to • allow the Minnesota Pollution Control Patty Burke of the Minnesota Pollution Con- .0 r Agency (MPCA) to provide grants to build trol Agency (I,QPCA). (See March 11, 1994, and improve regional solid waste facilities Session Weekly, page 9.) that compost, incinerate, or use garbage as The MPCA has guidelines regulating septic - t fuel; tanks and some counties already have adopted _ • ban landfills from accepting separated recy- them. Effective May 11, 1994, the new law { clable materials; requires counties or cities to adopt the MPCA • exempt the U.S. government from certain rules orset tougher rules that meet the agency's regulations that apply to private couriers, approval. The rules regulate such things as so it can transport infectious waste. That how deeply a septic tank should be buried, way, outstate dentists, doctors, and veteri- how and where it should drain, and how far narians could use the U.S. postal system to away it should lie from surface water. mail small q uantities of needles to facilities The new law, which sets aside S120,000 that dispose of biologically hazardous for the MPC. -k, also requires that an existing waste; septic sewage system be inspected whenever ' • improve the Office of Waste Management's someone wants to build an additional bed - methods for analyzing the amount of pack- room or bathroom onto a house. aging material that goes into the garbage. Such home improvements, said House bill By the end of 1995, the state hopes to sponsor Rep. Dave Bishop (IR- Rochester), reduce by 25 percent the amount of pack- are a likely indication that septic tanks may aging that is disposed of in landfills; soon be subject to greater use. • require people who recycle CFCs f f the inspection shows that a septic system _ (chloroflourocarbons) from air condition- doesn't meet the anti - pollution rules, a build- ers and other appliances to be trained and ing permit will be denied until the tanks are certified. State certification could be met improved or replaced. u< Y by receiving federal certification as a CFC Under the legislation, anyone inspecting, recycler; installing, designing, or maintaining septic • assess a civil penalty of $500 against a systems also must obtain a license from the person for knowingly releasing CFCs into state at a cost of S100 per year. The state will step in and take charge of clean g f'` ' landfills. A the atmosphere. The release of CFCs is Also, the new law states that people selling g P ma n y o hnnesota's contaminated lan d b new law establishing a landfill cleanup program believed to be a contributing factor to the a home with a septic system after Aug. 31, will mean businesses and municipalities pay more destruction of the earth's ozone layer; 1994, must disclose in writing to a buyer the to dispose of heir garbage, they won'[ have to b t P • award grants to help build regional waste location and status of the system. worry about being.held liable for the cleanup of a transfer facilities but only if the facility Sen. Leonard Price (DFL- %Voodbury) spon- contaminated landfill. (HF3086 */SF2313/CH639) contracts for 10 years to transfer non- sored the Senate version of the legislation. the garbage they generate whether it goes to recyclable garbage to an incinerator or HF2158 * /SF1909 /CH617 a landfill, incinerator or composting plant. composting facility; It's called the solid waste generator fee. • regulate the levels of toxic metals in ink and The new law expands another passed by paints. After Sept. 1, 1994, inks and paints Cleaning up landfills the Legislature in 1993. That year house - must ua have reduced levels of lead cad- . • holds began seeing a S2 annual charge on mium mercury and chromium. Current Minnesota businesses and municipalities a dispose e will more to dis of their garbage, but their garbage bills and businesses and mu- law sets no standard; and pay P g g ' nicipalities began paying 12 cents for every • allow for automobile oil filters and anti- they won't face the threat of a much greater cubic yard of garbage they generated. freeze to be recycled at a municipal recy- financial strain — paying to clean up a con- Last year, about half of the S7 million cling facilit • that burns waste. Laminated landfill. b y raised went to help assess what kind of land - Various sections of the new law become . Under a new law signed by Gov. Arne fill cleanup was needed in the state. The other effective on a variet of different dates. Carlson May 10, the state will pick up the tab half began to pay for some of the cleanup. HF1995/SF1788 */CH585 for cleaning up many of its contaminated Although the state began paying for some municipal landfills. Currently, that burden is cleanup in 1993, it did not let individual usually shouldered by a handful of busi- businesses and governments off the hook Septic tank standards nesses and local governments the state has w v Minnesota that were already identified b the identified as contaminating the landfill. pollution Control Agen (MPG) as con- By 1996, all Minnesota counties and cities By establishing a state - sponsored landfill C, t strict anti-pollution rules tributing to a particular landfill's conta will need to ado ' P P cleanup program, lawmakers hope to end the for septic tanks, under a bill sined into law lion. g P b numerous coup fights between Minnesota Under the new law, the will be of by Gov. Arne Carlson May 10. businesses and municipalities over who } Septic tanks, which gather, decompose, hook — but all Minnesota businesses and should pa} to clean up landfills. and drain human wastes into the soil, are Under the new law, the state will generate municipalities will have to pay more to dis - needed b} households not connected to money to pay for the program by raisin- the Pose of their garbage. Th7 solid waste genera - P munici al sewer systems. for fee will rise from i_ cents to 60 cents fee businesses and local governments pay on - a beginning in 1995. The increase is expected ads from elected officials or candidates for Happy trails to generate another $16.4 million a year to elective office. an up landfills. The law also clarifies that the DNR can give New biking and hiking trails in southeast - addition, the fee will be applied to other away souvenirs — with a value of less than ern Minnesota will be established under a types of garbage that weren't assessed until $10 —that promote natural resource toner- law signed by Gov. Arne Carlson April 6. now; such as industrial and medical waste vation or wildlife management programs. The law, effective Aug. 1, 1994, will and construction debris. The total value of items given away in this extend the Blufflands trail system in Fillmore The $2 yearly household fee will not be program can't exceed $25,000 per year. and Houston counties to the Mississippi River. affected. Volunteers in various DNR programs could Additional trails will extend the system to Besides the increased fees, the new law receive a coffee mug or a poster to acknowl- Fountain, Wykoff, Spring Valley, Mabel,, allocates $90 million from the sale of state edge their efforts, under a provision of the Canton, and Ostrander in Fillmore County, bonds toward the landfill cleanup program new law, explained Marcy Dowse, director of and to Winona in Winona County. over the next 10 years. information and education for the DNR. In addition, a Shooting Star trail will be Under current law, the MPCA or the U.S. Another provision clarifies in law what has created in Mower County. The trail will star Environmental Protection Agency, depend- been a long- standing DNR practice: the rec- in Leroy, extend northwest through Lake ing on whether the state or federal govern- ognition of corporate and individual gifts or Louise State Park, and connect the cities of ment will oversee cleanup, uses landfill in -kind services on "plaques, signs, publica- Taopi, Adams, Rose Creek, and Lyle, and records to determine who dumped contami- tions, audio - visual materials, and media ad- conclude in Austin. nants, hazardous material or other pollutants vertisements." Additional trails will be constructed to into a landfill. The agency then names "re- The law comes from bills that were passed connect the Shooting Star trail with the sponsible parties" to be held liable for paying by both the House and Senate in 1993. A Blufflands trail system, and the trail from cleanup costs. House and Senate conference committee Riceville, Iowa. Although the "responsible parties" are le- couldn't resolve differences in 1993, so it was Also, the law calls for the creation of a gally obligated to pay, many of them try to tabled until the 1994 legislative session. The Prairie Wildflower trail in Mower, Dodge, bring in others — or third parties — to help conferees met again this year and came up Steele, and Rice counties. The trail will follow share the cost. According to the House bill with a compromise. an abandoned railroad line fromAustin north- sponsor, Rep. Jean Wagenius (DFL - Mpls), Rep. Ken Wolf (IR- Burnsville) sponsored west through Blooming Prairie and Owatonna many cities or small businesses will pay, even the House bill and Sen. Leonard Price (DFL- to the city of Faribault. they know they aren't responsible, because Woodbury) sponsored the Senate compan- The trails will be developed for biking and re afraid it will cost more to try and fight ion. hiking. request. HF859/SF760 * /CHSO9 Funding for all the above trail networks Under the new law, the state will take would have to be secured in future legislative responsibility for cleaning up qualifying land- sessions. fills. The state, however, will not assume Park permits for disabled Rep. Leo Reding (DFL - Austin) sponsored P g P liability for groundwater contamination or . the House bill and Sen Pat Piper (DFL - Many campers with disabilities don't own $. any other damages from a polluted landfill. sponsored the Senate companion Austin) sp} or operate a vehicle, making it difficult for , The landfill owner and/or the businesses bill. p them to use Minnesota's state parks. People identified as contributing to the contamina- HF1906 * /SF1841 /CH391 l who use the parks must purchase and display r tion must pay to clean up the groundwater, a park permit on their vehicle's windshield. which is current practice. But a new law signed by Gov. Arne Carlson Rochester land sale In addition, some businesses and munici- April 18 would allow people who are dis -. palities that already have paid for landfill abled and do not own or operate a vehicle to A bill allowing the sale of land belonging to cleanups, or are currently paying under a purchase an annual permit they can carry. the Gordy Yaeger Wildlife Management Area cleanup order, will be eligible for reimburse- The law takes effect Aug. 1, 1994. in Olmsted County was signed by Gov. Arne ment under the program. Those who qualify must applyinwriting to Carlson April 28. The legislation was sponsored in the Sen- the Department of Natural Resources and The law, effective April 29, 1994, specifies ate by Sen. Steve Morse (DFL - Dakota). provide a letter from a licensed physician or that the land will sell for 5950 per acre. The HF3086 */SF2313/CH639 chiropractor attesting to their disability. Rochester School District will be allowed to The annual P P permit ark for le who are buy 20 acres; the city of Rochester, 30 acres; Selling the DNR disabled continues at the discounted rate of and the public can bid for 50 acres. The $12 — instead of S18. Currently, the same acreage sold to the school district and the city Your fishing regulations booklet from the discount applies to senior citizens who are must be used for public purposes. Department of Natural Resources (DNR) older than 65. The school district and the city of Roches -' could soon have a new look. The DNR now Rep. Kathleen Vellenga (DFL -St. Paul) was ter are expected to cooperate in developing :. *by permission to sell advertising space in the House sponsor of the bill; Sen. Ellen their land parcels — which lie within the r publications, under a bill signed into Anderson (DFL -St. Paul) sponsored the Sen- Rochester city limits — into a combined city Gov. Arne Carlson April 25. ate companion. park and elementary school, according to After Aug. 1, 1994, advertising revenue HF2657 */SF2584/CH458 J ack Heather, acting regional wildlife area o g can be used to defray the costs of DNR manager for the Department of Natural Re- publications, videos, and informational ma- sources (DNR). r terials. The agency, however, cannot accept Heather said the sale of land to the public M_ i 4 1 99d / CZF( CIirW WFFKI V 7 1 will generate funds to buy more desirable their awareness of inter-racial, cross-cultural, replacement land for the wildlife area. and special needs adoptions. Most of the wildlife area land formerly Because no such order is now require belonged to the Department of Public Wel- some cases, direct adoptions have taken fare (now the Department of Human Ser- and neither the Department of Human Ser- vices) and was part of the Rochester State vices nor a court were notified for two years. Hospital, now being used as a federal prison. As a consequence, some birth mothers have In 1967, 155 acres was permanently trans- ` ' - effectively sought to regain custody of their ferred to the Department of Conservation X children after a substantial period of time. (now the Department of Natural Resources). The measure will require the birth mother In 1971, another 550 acres was temporarily to sign an affidavit to permit the child to be transferred to the DNR. The wildlife area placed with adoptive parents. Not sooner covered 758 acres prior to the new land sales. " than 72 hours after the birth of a child and not The land sales are based on recommenda- h new law increases fish size limits for anglers ooking walleye and northern pike. (HF2731/ later than 60 days after the child is placed, the h tions from the wildlife area's advisory com- SF2467 */CH523) birth parent must sign a consent form to mittee. "finalize" the adoption. Under the bill, a birth The wildlife area is named after Gordy DNR rule was adopted as pan of an expert- parent will have 10 working days to with - Yaeger, a longtime columnist for the Roches- ment to encourage more anglers to catch and draw his or her consent,to the direct adop- ter Post - Bulletin, who was an active ro o- release game fish. He estimated that some p p 2,000 large walleye are caught and released Lion. The same 10 -day requirement now ex- nent of wildlife conservation efforts. Yaeger g Y b ists in law for agency adoptions. died in 1976. each vear due to the one per day limit at Mille The birth mother is required to notify the Rep. Dave Bishop (IR- Rochester) spon- Lacs. birth father for consent purposes unless he sored the House bill and Sen. Duane Benson The new law will not supersede any exist- cannot be found or if to search for him will (IR- Lanesboro) sponsored the Senate com- ing rules currently in effect on experimental result in "severe emotional distress" to her or panion. waters so designated by the DNR. the child. HF2054 * /SF 1858/CH531 Rep. Doug Peterson (DFL- Madison) spon- The bill also will require a follow -up agency Bored the bill in the House and Sen. Charles investigation to ensure that adoptive parents Berg (DFL - Chokio), sponsored it in the Sen- have adapted well to the child and that the One big walleye ate. child is healthy. HF2731/SF2467 */CH523 Other provisions in the bill will: Minnesota anglers can keep only one wall- •make it a gross misdemeanor to intenti eve longer than 24 inches per day, under a ally falsify information on a birth certificate; bill signed into law by Gov. Arne Carlson FAM I LY • require any group applying for a license to April The . -- place children in adoptive homes to incorpo- The existing h six-walleye des "trophy" daily and posses- Direct adoption regulation rate as a non - profit corporation; sion limit, which includes the single trophy • require an adoption agency to purchase a fish, will not change. Abill to regulate direct adoptions —where bond to cover costs for the transfer and Last year, the Legislature set the daily limit a child is placed directly by a birth parent storage of adoption records, in case the agency at one walleye over 20 inches long, and also without use of an adoption agency — was goes out of business; and limited anglers to one northern pike longer signed into law by Gov. Arne Carlson May . create an adoption advisory board — com - than 30 inches. 10. prised of birth parents, adoptive parents, The new restrictions, effective April 29, Current law doesn't regulate a birth adopted adults, private adoption agency apply to most Minnesota lakes, but do not mother's choice to hand her baby over to employees, and human services officials — apply to boundary waters. adoptive parents in a private transaction, but to further study adoption issues and report An exception in the law is made for Lake of it is a common practice. (See April 8, 1994, back to the Legislature by Feb. 1, 1995. the Woods. There, anglers can take only one Session Weehly, page 8.) The bill was sponsored in the House by walleye longer than 19.5 inches per day. This The new law, effective Aug. 1, 1994, will Rep. Ann Rest (DFL -New Hope) and in the conforms to Ontario regulations. Also, an- require adoptive parents to get an adoption Senate by Sen. Pat Piper (DFL- Austin). glers can now take only one northern pike order from the district court in the county HF2337/SF2129 * /CH631 over 36 inches per day from Lake of the where they live before they take custody of a Woods. baby through a direct adoption. A personal The Department of Natural Resources appearance in court will not be required. (DNR) also has the authority, by rule, to The adoption order will be granted based establish different length limits on different on information provided to the court in a bodies of water, and designate them as "ex- newly mandated adoption study. The pro - perimental waters." These rules carry the spective adoptive parents will pay for the same weight as state law. study, to be conducted by a licensed adop- ; For the past 10 years, for example, anglers tion agency. The agency will examine the on Lake Mille Lacs have been limited to one history= of prospective adoptive parents for walleye longer than 20 inches daily, accord- any criminal or child abuse, assess parenting ing to Jack Wingate, resource manager for skills, determine if finances are adequate to fisheries at the DNR. He said that particular support a child, and, if appropriate, evaluate t 22 SESSION WEEKLY / Mov 13 1994 GAMBLING Keeping the legal gambling age at 18. But Off -track betting minors can't play bingo. Current law doesn't set a minimum age for bingo. An amend- Minnesota voters will get a chance this No- ' County fair simulcasting meet successfully attached to the original vember to decide whether off -track horse bet - Charitable gambling organizations will be House bill would have raised the current ting should be allowed in the state, under a bill able to sell pulltabs via vending machines, legal gambling age from 18 to 21. Other signed into law by Gov. Ame Carlson May 10. county fairgoers can watch and bet on live changes in the bill will keep anyone under This year's November election ballot will horse racing from other county fairs, and 18- 18 from receiving a lottery ticket as a gift. include a question asking voters if the state year -olds can still gamble under the omnibus Currently, minors can't buy lottery tickets, constitution should be amended to allow off- gambling bill which the governor signed into but can receive them as a gift from some- track betting on horses. If the majority an- law May 10. one of legal gambling age. swer yes, the Legislature could authorize House members passed the omnibus gam- • Keeping three state gambling boards: the such betting in 1995. bling bill 89 to 44 and the Senate passed it 58 Minnesota Racing Commission, the Gam- Two Hector, Minn., horse breeders an- to 0. bling Control Board, and the Lottery Board. pounced in late March they had purchased The final compromise bill does not include The House bill had called for their elimina- Canterbury Downs with hopes of bringing an amendment Rep. Doug Swenson had suc- tion or merger with other boards and the back live horse racing there. They need off - cessfully attached to the House bill. It would creation of a special council to advise the track betting parlors — where people bet on have slashed the Minnesota State Lottery's governor on gambling policy. Those three and watch races held across the country- on advertising budget from 57.5 million to $4.5 divisions remain in place under the corn- big- screen televisions — to make a go of it, million annually. promise bill, but the advisory council a -ill they said. The new law includes provisions for, still be created. Although the 1991 Legislature approved • Allowing charitable gambling organiza- up to four off -track teleracing sites in Minne- Simulcasted horse races at five count) fairs. That means live horse harness racing at tions to use up to 5 percent, or $5,000, of sota, the law was later declared unconstitu- one county fair can be broadcast live to up their profits to advertise their games. The tional by the Minnesota Supreme Court. to four other county fairs. People can bet House bill didn't contain the provision. The new law only authorizes that a pro - on those races if the fairs have the proper The original Senate bill did. posed constitutional amendment be put to licensing and authorization. The five county Increasing the maximum pulltab prizes voters. If the proposed amendment passes, it { from S250 t airs will becom o $500. e pan of the harness racin will be up to the Legislature to determine circuit and no other county fairs can be The Met Airports Commission, how many in betting parlors would be authorized to simulcast horse racing. A fair which oversees the Minneapolis -St. Paul authorized in Minnesota and how they will Y can only broadcast live harness races to the Air can sell lottery tickets at the air- be regulated. other four fairs in its circuit and only when port. The commission will authorize a The proposed constitutional amendment the fair is taking place. non - profit organization to sell the tickets will read: • Up to three pulltab dispensing machines in from an independently operated kiosk. "Shall the Minnesota Constitution be bars. The machines will dispense the HF321/SF103 */CH633 amended to permit the legislature to autho- pulltabs instead of bar employees who rize off -track pari- mutuel betting on horse typically keep the pulltabs in jars. The racing in a manner prescribed by laws'" vending machines ca Th g n be used after June e new law also requires that the director 1995. of pari- mutuel betting conduct a study and report back to the Legislature by Feb. 1, 1995, with draft legislation on how off -track betting should be conducted. Among other things, the draft legislation must: provide for a limited number of off -track betting sites to be spread throughout the state; • provide that pari- mutuel betting be con- ducted primarily to support live horse racing — not to supplant it; and • provide that "off -track betting locations be t limited to teletheaters with large- screen television displays of ; live horse racing, theater- seating and full dining and bever- age service." .42RAWRIN UP Bill sponsor Rep. Wayne Simoneau (DFL- Fridley) said live horse racing could be a huge financial industry in the state. He said he ot will include a question asking voters if the state up,should live racing return. Sen. Carl Kroening Minnesota voters will get a chance this November to decide whether off track horse betting should be expected 400 Minnesota horse farms to spring allowed in the state. The 1994 election ball constitution should be amended to allow off -track betting on horses. If voters say ves, it's up to the (DFL -Mpls) sponsored the bill in the Senate. Legislature next year to decide how off - tracking betting will be carried out. (HF3227/SF180 */CH626) HF3227 /SF 180 * /CH626 the new omnibus game and fish law. For GAME & F 1 S H instance landowners who permit snow GOVERNMENT bile trails to run through their property will, Omnibus f is h and game law effective Aug. 1, i994, be shielded from Statewide computer lin liability should a snowmobiler be injured. The Department of Natural Resources Landowners will not be responsible for main- Money for a new S14.8 million statewide (DNR) can prescribe an alternative color of taining the trails or for warning riders of computer system to link state agencies and garb for Amish deer hunters who have a potential dangers. consolidate state accounting functions was religious objection to wearing blaze orange Fear of lawsuits has limited the number of signed into law May 10 by Gov. Arne Carl - clothing. property owners willing to open their land to son. And hunters can continue to take more snowmobile trails. Landowners, however, The money is pan of a $30.7 million than one deer — one with a firearm and one who "willfully" take action to injure someone supplemental state budget bill and repre- with a bow and arrow — in certain north- still can be held liable. sents the bulk of a S17.7 million appropria- western Minnesota counties. Similar liability provisions in the law will tion for the departments of finance, adminis- These are two of the provisions in the shield individuals running charitable food tration, employee relations and a few smaller omnibus game and fish bill signed into law by banks, livestock shows, and bars with breath- agencies.(See Vetoed Bills section.) Gov. Ame Carlson May 10. alcohol testing devices from lawsuits. Also In 1991, the Legislature spent $1.8 million Effective May 11, 1994, the DNR commis- covered are physicians, trainers, and coaches to begin the computer link. It authorized $15 sioner can allow red instead of blaze orange volunteering with amateur athletic events. million for the project in 1993. The last hunting jackets and hats for Amish people The law will prohibit the DNR from adding payment for the computer system is expected who hold a religious objection to the bright more rules on how archery bows can be to come in the 1996 -97 state budgeting pe- orange color. The exception is based upon transported or possessed. This provision riod. (Art. 3, Sec_ 8) the federal Religious Freedom Restoration eliminates a DNR rule that archers must have Other money set aside in the new law for Act of 1993. their bows unstrung or in a case while in the the departments of finance, administration, Another provision in the law, also effective field before and after the hours allowed for employee relations and other smaller agen- May I allow hunters in four northwest- hunting. ties includes: ern Minnesota counties to continue to take Other sections of the new game and fish • $300,000 to the Minnesota Amateur Sports two deer in one season — provided one is by omnibus taw will allow: Commission to grant to the Minnesota firearms and the other by archery. road maintenance workers to remove a Chippewa tribe. The tribe will host the Current law permits the taking of two deer beaver dam blocking a waterway when it 1995 Indig Games near Be in four northwestern Minnesota counties — threatens to damage a public road. Beaver Minn. The sponsor of this provision Kittson, Lake of the Woods, Marshall, and lodges within 300 feet of a road can be BobJohnson (DFL- Bemidji), compare e Roseau = during the 1993 and 1994 hunt- removed, if the DNR commissioner gives Indigenous Games to a smaller -scale Olym- ing seasons. The new law makes that practice his approval; pits. The grant must be matched by permanent. non - residents to hunt deer with antlers nonpublic funds ( 3, Sec. 10); The law also repairs language in a recently anywhere in Minnesota by buying a 5220 • $200,000 to the Legislative Audit Commis - enacted law that would have banned all Min- license; sion to conduct a best practices review of nesotans from bringing walleye into the state . disabled war veterans to get free small game Minnesota local governments to determine from Ontario — except for one "trophy" fish. hunting licenses; the best "method of service delivery" used (See April 29,1994, Session Weekly, page 13 •bow hunters to use ahigh -tech arrowhead by various city councils, county boards, Minnesota fish wholesalers and restaurants with mechanically retractable blades, as and other units of local g ovemmem. The complained that the import ban in the 1994 long as they comply with other require- commission will then recommend that law would have been disastrous for business. ments for arrowheads used in big game other local governments, which may not (HF1835" /SF1755/CH479) hunting; be doing as well, adopt the "best practices" The revision now specifies that a Minne- • an expanded season for hunting raccoon (Art. 3 Sec. 2); sots angler cannot bring back any walleye and red fox. By Jan. 15, 1996, the DNR $100,000 to the Office of Strategic and caught anywhere in Ontario, except for one commissioner must report back to the Long -Range Planning to maintain a com- "trophy" fish. Border waters east of Rainy Legislature on the effect this change has on puterized database of the results of ground Lake are not included in the ban. The zero these animals and their prey; and water quality monitoring. The monitoring limit also applies to sauger, lake trout, stur- individuals lawfully entitled to trap fur is legally required in Minnesota (Art. 3, geon, and muskie, although one "trophy" fish bearing animals to sell raw furs to a Ii- Sec. 6); and for mounting of each species can be brought tensed fur buyer, without buying a license. a $1 million cut in the amount paid from back. The law doesn't apply to anglers from The game and fish bill was sponsored in the state's general fund to the police and outside Minnesota. the House by Rep. Bob Milbert (DFL -South firefighter's pension fund. The payment The law is pan of a Minnesota effort to St. Paul) and in the Senate by Sen. Bob isn t necessary because the fund is doing retaliate against Ontario for prohibiting Min- Lessard (DFL -Int'1 Falls). well (Art. 3, Sec. 14). nesota anglers or those using cabins on the g The new law also au thorizes the e HF2825/ F2429 / co S CH623 Minnesota side of in Rain } • Lake from bringing stoner of employee relations to stud} th� back walleye from the Canadian side of the the Minnesota State High School League pays lake. Ontario imposed the restriction to en- its employees. No money is set aside for this courage anglers to stay at Canadian resorts. provision. The report should take into account A number of civil law provisions also are in pensions, health insurance, and all other forms 24 SESSION WEEKLY / May 13, 1994 of compensation aid to employees. P P Protecting free speech incomplete information to the Department of The Department of Employee Relations Commerce, or has refused to allow a reason - urtal provide the report to the House and Lawsuits against citizens who exercise their able inspection of records or premises. te education committees and govern- constitutional right to speak out — typically The law also clarifies that the operations committees by February against condominium projects, landfills, or commissioner's authority includes the power 1995. (Art. 3, Sec. 9) other developments — will be more difficult to enforce its responsibilities under the pe- The bill was sponsored by Sen. Gene Mer- to win, under a bill signed into law May 5 by troleum tank release cleanup fund law. riam (DFL -Coon Rapids) in the Senate and Gov. Ame Carlson. Under the state's petroleum tank release Rep. Loren Solberg (DFL-Bovey) in the House. The new law, sponsored by Rep. Tom cleanup fund law, or Petrofund program, i HF3215/SF2913 */CH632 Pugh (DFL -South 5t. Paul) and Sen. Jane owners of storage tanks may recover up to 90 Krentz DFL -Ma Township), - - ' ( will better ro Y P p percent of a site's cleanup cost. Those seeking tect citizens and civic organizations from reimbursement for such costs are required b 1 q Y lawsuits called SLAPP suits. These Strategic law to P rovide the Petroleum Tank Release t Expanded Met Council Lawsuits Against Public Participation often i g Compensation Board with detailed p P et tied financial R P are designed to stop people from testifying records upon request. Members of the Metropolitan Council will against a project before a city council or other The new law will allow the Department of i remain Q a ointed b the v o em a pp or, but the v Y b o o erning board, or from writing a letter to Commerce to exercise administrative i Iona author- re , g 1 governing board will absorb the their local newspaper in opposition to a ity should someone seeking Petrofund reim- Metropolitan Transit Commission (MTC), project. bursement fail to meet the disclosure re- the Regional Transit Board (RTB), and the The law, which took effect May 6, 1994, quirements. l Metropolitan Waste Control Commission requires developers or others filing the legal The proposal vas sponsored in the House (MWCC), under a bill the governor signed action to prove that they have been harmed by Rep. Geri Evans (DFL -New Brig and into law May 10. by the person or people whose words or in the Senate by Sen. Cal Larson (IR- Fergus Under the new law, the MTC, RTB, and actions are at issue. Falls). MWCC will no longer exist and their duties If not, the measure specifies that such a HF2201/SF1750 */CH385 t. will be transferred to the Metropolitan Coun- lawsuit be dismissed. The law protects cil. But employees of the three agencies can- people's "lawful conduct or speech" by mak- not be laid off before january 1995, when the ino them immune from liability if their ac- ` b y � Fireworks study �. reorganization becomes effective. Combined, tions are "genuinely aimed in whole or in pan agencies employ about 3,635 people. at procuring Gov. Ame Carlson sic a bill into law i nn favorable v P P p g ego eminent action ... step. Myron Orfield (DFL- Mpls), the bill's unless the conduct or speech constitutes a April 11 requiring the state fire marshal to sponsor, originally had pushed for an elected tort or a violation of a person's constitutional study fireworks safety and how fireworks Metropolitan Council but that version of his rights." display operators would best be regulated by bill failed by one vote on April 28. House Until this law, the citizen or citizens against the state. members resurrected the bill May 2 and passed whom such a suit was brought must have, in The study will make recommendations to it, minus the elected council provision. essence, proved their innocence. increase the safety level of public fireworks The Metropolitan Council plans and coor- In addition, the law requires the losers of displays, create requirements for fireworks dinates the development of airports, parks, such cases to pay the attorney "fees of the operators, and establish a program to certify roads and transit, sewage, and other regional winner. And it also allows the winner to seek public display operators. issues for the seven- county Twin Cities met- damages against the initiator of such a SLAPP Recommendations must be submitted to ropolitan area. Its authority encompasses 100 suit if he or she can prove it was brought to the Legislature by Dec. 31, 1994. cities, and the council has a full -time staff of harass, inhibit public participation or other- The bill was sponsored in the House by about 200 employees. wise harm the winner. Rep. Jerry Bauerly (DFL -Sauk Rapids) and in The new measure puts the metropolitan Lawmakers were concerned that the threat the Senate by Sen. Dan Stevens (IR- Mora). area's sewer systems, solid waste manage- of a SLAPP suit will intimidate citizens and HF2836/SF2425 * /CH405 ment, and transit services under the jurisdic- make them afraid to speak out. tion of the Metropolitan Council. HF1155/SF584 */CH566 The council's top staff position, which is HEALTH now the executive director, will now be the ffl regional administrator. Revoking state licenses . Health care reform Also under the bill, the 17 Metropolitan A new law giving more authority to the Council members will draw a $20,000 an- A new law promises universal health cov- nual salary, rather than the $50 per day Department of Commerce to deny, suspend, erage for all uninsured Minnesotans by July payments they now receive. The per diem or revoke a state - issued license was signed 1, 1997. payments amount to about $9,000 per year. March 31 by Gov. Arne Carlson. The proposal builds on legislation passed HF2276/SF2015 */CH628 Under current law, the department may during the last two legislative sessions and deny, suspend, or revoke a state - issued li- continues attempts to stem the growth in tense for several reasons. health care and insurance costs while in- The new law, effective April 1, expands creasing access to doctors and other health that power so the department can deny, care professionals for uninsured Minneso- suspend, or revoke the state - issued license of tans. a person who provides false, misleading, or The law, signed by Gov. Ame Carlson May h May 13, 199,1./ SESSION WEEKLY 25 10, says the state will complete its restructur- ing of Minnesota's health care delivery sy s £ tern by July 1, 1997. Yua:� Once the system reform is completed, Min - ( , nesotans won't simply have health coverage available — they'll have to be covered. The" _5 rtl bill mandates that each Minnesota resident r "shall obtain and maintain qualifying [health'" care] coverage.' By Jan. 1, 1998, each Minnesotan also will have a health care identification card detail -" ing their coverage. The new health care system will be divided into two categories: independent service net- µti works (ISN) and regulated all -payer option , (RAPO) for those not belonging to an ISN The 1993 Legislature encouraged the for- mation of ISNs, which would provide a full array of health care services, from routine ea primary and preventive care through acute inpatient hospital care for a fixed price. A new law promises universal health coverage for all uninsured Minnesotans by July 1, 1997. The law, By law, ISNs are to be non - profit Corpora- signed by Gov. Arne Carlson May 10, says the state will complete its restructuring of Minnesota's health tions that must participate in the Medical care delivery system by 1997. (HF2525/SF2192 */CH625) Assistance, General Assistance Medical Care, Expanded coverage As long as allied providers meet those and MinnesotaCare programs. Beginning Oct. 1, 1994, single adults and requirements, HMOs could not refuse them Joining an ISN is voluntary for all health people in households with no children with entrance to their provider network. care providers. Those choosing not to join incomes less than 125 percent of federal The HMOs will be allowed to offer the will become pan of the "regulated all -payer poverty guidelines will be eligible for allied health coverage as a separate insurance system," or fee - for - service system. Both sys- MinnesotaCare. For an individual, that's plan — at an additional cost — as long as the tems would be strictly regulated by the state. $9,204 per year; for a couple, S 12,300 annu- increase can be justified and is approv As an intermediary step toward the two- ally. the Department of Health. tier system goal, community integrated ser- At present. there are 62,305 MinnesotaCare The Medicare, Medical Assistance, Gen - vice networks, or CISNs, will be formed. enrollees. Estimates place enrollment after eral Assistance Medical Care, and These "mini -ISNs" will begin pro%gdinghealth single adults and childless couples are added MinnesotaCare programs are exempted from care services to smaller communities through- at 89,798 for fiscal year 1995. the expanded allied health coverage man - out the state_ beginning Jan. 1, 1995. The current 2 percent tax on gross rev- date. (HF2525 /SF2192 */CH625, Art. 1, Sec. Each CISN -will serve up to 50,000 people enues from all health care providers, hospi- 6) and will be regulated in much the same way tals, pharmacies, and wholesale drug dis- health maintenance organizations (HMOs) tributors, expected to generate S138.6 mil- Office of Consumer Information are now regulated. The benefits provided by lion in fiscal year 1995, will cover all 89,798 To help individuals make an informed CISNs must meet the minimum benefits out- expected enrollees. choice about their health insurance coverage, lined in law for HMOs. On Oct. 1, 1995, single adults and child- a state office of consumer information will be Deductibles of up to $ 1,000 per person per less couples with incomes up to 275 percent formed within the Department of Health. year could be charged, provided that out -of- of federal poverty guidelines will be eligible The office will serve as an information clear - pocket expenses don't exceed $3,000 per for MinnesotaCare. (Art. 13, Sec. 2) inghouse and help consumers to obtain cov- r person or $5,000 per family per year. The Lawmakers will address ho w to fund the e a e. Quality g Q } report ort cards would from the office be avail - deductible would not apply to preventive universal coverage goal next session. able upon request o , based on health care services. (HF2525/SF2192 */CH625) data P rovided by each health organization. The new law delays the start-up of ISNs, (HF2525/SF2192* /CH625, Art. 2, Sec. 1) which have no limit on the number of people Expanded HMO coverage who can be enrolled, until Jan.1,1996. They The law requires HMOs to offer coverage Reform effectiveness we re t begin forming n J uly 1 1994. for "allied ind health p roviders," How man e e o e ormi o f } p P Y Minnesotans are now without g g o v While the governor did exercise his line- effectiveJan.1.1995. Such providers include healthcare covera and how�eEfecti e are the chiropractors, marriage and family therm reforms of the past few item veto authority on two provisions of the c p g } P ears? The Minnesota Y new MinnesotaCare law, they do not affect pists, social workers, and dietitians. Health Care Commission is asked in the new w authorize a study to find out he us the la to au r . Those allied t meet } the policy changes outlined he providers m e p The bill was sponsored in the House by HMO's credential standards, contract terms, Department of Human Services will Rep. Lee Greenfield (DFL -Mpls) and in the and managed care rules. Included in those the current MinnesotaCare populati o Senate by Sen. Linda Berglin (DFL - Mpls). rules would be a mandatory referral from the determine the effects of existing health care Other provisions in the bill (HF2525/ HMO before a patient could see an allied reforms. Results are to be reported to the SF2192 */CH625) include: provider. Legislature by Jan. 15, 1995. (Art. 6, Sec. 5) 26 SESSION WEEKLY / May 13, 1994 The commission is also asked to present results of which are public. Critics argue that Advance practice nurses the Legislature with a specific percentage of practice prevented doctors and others from income that overall health care costs to a receiving help for their problems. Certified psychiatric and mental health O amily or individual should not exceed. Under the new law, health professionals nurses can now prescribe and administer (HF2525/SF2192*/CH625, Art. 6, Sec. 6) can continue to practice unless they become certain drugs, under a new late signed April a danger to patients, fail a drug test, or 20 by Gov. Arne Carlson. Uniform billing forms otherwise violate their monitoring contract. The new law, effective April 21, 1994, al- To streamline administrative efforts, the Sponsored by Rep. Steve Kelley (DFL- lows such nurses who have earned a master's law= mandates uniform billing forms. Phase- Hopkins) in the House and in the Senate by degree to prescribe and administer drugs used in of the forms, for all areas of the health care Sen. Pat Piper (DFL - Austin), S 198,000 is set to treat psychiatric and behavioral disorder. industry, is to be completed by July 1, 1996. aside for the program. It is modeled after an Forty -six other states have similar laws. Providers could avoid the uniform forms existing program that encourages health pro- Eligible nurses also must complete at least only if they use an equivalent electronic bill- fessionals with HIV, the virus that causes 30 hours of formal study relating to the drugs ing format. (Art. 9, Secs. 1 -5) AIDS, and those with Hepatitis B Virus, to they would prescribe, and would be under Additionally, the Minnesota Center for self- report. They can volunteer the informa- the supervision of a psychiatrist. Health Care Electronic Data Interchange will tion and subject themselves to monitoring. Under current law, each time a psychiatric be created, to make the exchange of informa- Five of the state's 12 health professional medication is prescribed or adjusted, a tion more efficient. (HF2525/SF2192 */ regulating licensing boards have tentatively psychiatrists signature is needed. Eliminating CH625, Art. 9, Sec. 8) agreed to participate in the program. They that requirement will decrease waiting lists for include the Board of Medical Practice, the mental health services, particularly in rural Single payer study Board of Nursing, the Board of Dentistry, the areas, where the acute shortage of ps A $65,000 study to determine whether the Board of Podiatry, and the Board of Chiro- has been strongly felt, according to Deborah state could save money with a single -payer practic Examiners. Other regulating boards Brown of the Minnesota Nurses Association. health care system wilf be conducted by the could join later. The measure expands a 1992 law that Office of the Legislative Auditor. The new law sets up a Health Professional authorized nurse practitioners to prescribe Aseparate bill (SF1867) proposingthe same Services Program that consists of two or more and administer drugs. study was vetoed by the govemor May 2. regulating boards working together. A com- The new law was sponsored in the House Under a single -payer system, the stategov- mittee made up of a member from each by Rep. Pam Neary (DFL.afton) and in the ernment would take over the payment of all regulating board will appoint a manager to Senate by Sen. Harold Finn (DFL -Cass Lake). health care services or authorize one outside help work out the specifics of the prog HF2072/SF1806 * /CH470 surance company, acting somewhat like a such as who should be enrolled how ey , measure, authorizing A related g nurse prac- public utility, to handle all the claims. should be monitored, and how often. titioners and physician assistants to dispense Currently, many different private insur- HF2120 */SF1849/CH556 drugs, also has been signed by the governor. ante companies and health care groups pay As of April 7, 1994, certified psychiatric and claims filed by patients, clinics, doctors, and mental health nurses have the authority to others. Dispensing drugs dispense drugs as well. Dispensing authority A report to the Legislature is due by Jan. allows a nurse to give a patient medication to 15, 1995 .(HF2525 /SF2192 * /CH625, Art. 5, Effective Aug. 1, 199 certain health Sec. 9) professionals will be granted the authority to bring home, rather than administering a single dispense drugs. d in an office setting. (For more details on Under current law, nurse practitioners and both laws, see March 31,1994,SessionWeeh1y, Helping doctors and nurses physician assistants have the authority to pre- Page 8, and April 15, 1994, Session Weehiv, scribe and Administer drugs, but they cannot Page 13.) Gov. Arne Carlson signed a bill into law dispense them: That means members of the two HF2318/SF2086 */CH389 May 4 that encourages health professionals professions can give patients a pill or an injec- to voluntarily report an illness or drug and tion in an office setting, but cannot give the Foreign doctors alcohol problem. same patient any medicine to take home. Effective May 5, the law is designed to The new law also states that nurse practi- Some foreign medical school graduates who allow certain doctors, nurses, dentists, and tioners and physician assistants can dispense want to be licensed in Minnesota are now some other health professionals to continue drug samples, codifying what has been com- exempt from going through two more years of their practices provided they submit to a mon practice, according to Sue Stout of the graduate medical school, under a new law monitoring program. Some health care work- Minnesota Nurses Association. (See March signed by Gov. Ame Carlson April 13. ers may be asked to stop practicing for a while 31, 1994 Session Weekly, page 6.) The new exemption applies if the foreign as a condition of acceptance into the pro- The bill, sponsored in the House by Rep. graduate is licensed in another state, has gram. Roger Cooper (DFL -Bird Island) and in the practiced for five years without disciplinary It is hoped that more health professionals Senate by Sen. Pat Piper (DFL - Austin), was action, has completed one year of required * r111 step forward and admit their problems if signed April 6 by Gov. Arne Carlson. graduate training, and has passed a special e fear of losing their livelihoods and repu- HF2318/SF2086 */CH389 exam within three attempts in the two years tations is at least partially removed. Names before the licensing. remain confidential. Effective April 14, 1994, the new law ex- cused of being impaired for health reasons Previously, ahealth care professional ac- pands existing exemptions for foreign medi- was subject to a disciplinary hearing, the cal school graduates. May 13. 1994 / SESSION VJFFKLY 97 Under a 1993 law, the two -year training — The community college centers in Duluth requirement was set aside if the person went H I G H E R EDUCATION and Cambridge could become full c es through one year of training and, either was under the law, but only if approved e admitted as a permanent immigrant with New higher ed funding formula Higher Education Board. The board c not exceptional science ability, or was given a grant the approval until it's officially formed permanent visa as an outstanding professor Gov. Ame Carlson May 5 vetoed all the in July 1995. or researcher after Oct. 1, 1991. money in the supplemental budget bill for The House - Senate compromise bill would Rep. Katy Olson (DFL- Sherburn) and Sen. the state's public colleges and universities, have appropriated 5450.000 to the Fond du Jim Vickerman (DFL- Tracy) sponsored the but he left alone other provisions, such as one Lac Center in Cloquet to become a full com- new law. that would change how state aid to colleges munity college. The governor, however, ve- HF2391/SF2345*/CH433 and universities is distributed. (See Vetoed toed that appropriation. Bills section.) The final bill, however, establishes the The idea is to make the way the state center's mission as meeting the educational Mental health pilot study distributes funding to public colleges and needs of American Indians. Tribal officials universities more equitable. The new law can oversee the community college board. A three - county pilot study will evaluate uses a "base plus" funding formula instead of The House passed the bill on a 112 -22 delivery of adult mental health services the average cost formula in place since 1983. voce; the Senate passed it 65 -0. It was spon- throughout the state, under a new law Gov. Under the average cost formula, schools Bored by Rep. Gene Pelowski (DFL - Winona) Arne Carlson signed April 25. calculate the average cost of programs and in the House and Sen. LeRoy Stumpf (DFL - The law — effective Aug. 1, 1994 — will divide that by the number of full -time stu- Thief River Falls) in the Senate. create three, nine - member advisory commit- dents to come up with a total. The state then HF3178/SF2900 */CH532 tees to study the availability and quality of pays 67 percent of that total and expects emergency mental health services for adults. tuition to pick up the rest. The three counties chosen for the study The "base plus" formula will give schools a r*J HOUSING will represent urban, suburban, and rural set dollar amount based on building costs, areas. The Department of Human Services utilities, equipment expenses, and other costs. will appoint the committee members but will The formula will not be based on enrollment. Mobile home communities consult first with advocates for people with Schools will also receive a variable dollar A new law signed by Gov. Ame Carlson mental illnesses and local advisory councils. amount for teachers salaries and classroom April 20 prevents local govern The law was sponsored in the House by equipment, which will change with enroll- changing certain zoning requireme or Rep. Kay Brown (DFL - Northfield) and in the ment shifts. Also, schools can receive an extra mobile home parks constructed before Janu- Senate by Sen. Don Betzold (DFL - Fridley). 1 percent bonus if they meet specific perfor- ary 1995 if the park met zoning ordinances The human services commissioner will mance standards the new law outlines for when originally constructed. report the study's findings and recommenda- them. Legislature b • an. 15, 1996. The law is effective Aug. 1, 1994. lions to the Le g y J The state will use the new method of The law keeps local governments from HF2148 * /SF1760 /CH515 appropriating money beginningwith the 1995 changing zoning rules on older mobile home school year. parks that regulate how close mobile homes No smoking in hallways Also under the new law, college students can be to one another, the size of mobile With children can receive no more than S 1,500 home lots, and how far from streets and It will be more difficult for apartment annually for each child in child care. That sidewalks the homes must be. dwellers to find a place to light up a cigarette, amount currently is not capped. Changes in zoning rules could throw older under a bill signed into law by Gov. Ame The measure also delays by one year — parks out of compliance and result in their Carlson April 28. until July 1995 — the implementation of a closure, argued supporters of the bill. Effective Aug. 1, 1994, smoking in com- cap on how much financial aid private col- Rep. Chuck Brown (DFL- Appleton) spon- mon areas of apartment buildings such as lege students can receive. The cap was to go soredthebillintheHouse ;Sen.JohnHottinger laundry rooms, mail rooms, and hallways is into effect this year. (DFL - Mankato) was the Senate sponsor. prohibited. In addition, the bill includes language that HF2666 */SF2421/CH473 Sponsored in the House by Rep. Edwina will allow the merger of three of the state's Garcia (DFL- Richfield) and in the Senate by higher education systems — the technical Written leases or else Sen. Gene Merriam (DFL -Coon Rapids), the college, community college, and state uni- measure expands Minnesota's Clean Indoor versity systems — to go forward. Beginning Landlords who rent out apartments in Air Act, which restricts smoking in many in July 1995, the administrative arms of the buildings with 12 or more units will face a public places. three systems will be consolidated under the fine of up to $200 if they don't use written HF423 */SF372/CH520 newly created Higher Education Board. leases, under legislation signed into law April The new law also requires the Higher Edu- 22 by Gov. Ame Carlson. cation Coordinating Board (HECB) — which Lawmakers last year passed legisl e- now distributes financial aid to students quiring owners of buildings with 12 or more among many other duties — to recommend units to provide their tenants with written to the Legislature what its role should be after leases. This year's legislation makes disobey- the merger. ing the law a petty misdemeanor, which is The original House version of the bill would subject to a fine of up to $200. have abolished the HECB. Rep. Darlene Luther (DFL- Brooklyn Park) carried the House bill and Sen. Ellen Ander- son (DFL -St. Paul) sponsored the legislation -" " -` ,,,,,._4—" in the Senate. The law becomes effective Aug. ,1994, for new or renewed leases beginning on or after that date. HF 1859 * /SF 1822/CH496 C INSURANCE Farm liability insurance How well damage caused by pollution is covered by farm liability insurance policies will be studied, under a bill Gov. Arne Carl -''', son signed into law April 20. The law is in response to the more rigorous enforcement of state feedlot pollution regula- A county board may seek civil penalties and damages from people who are caught littering, under tions that are designed to prevent animal a law the governor signed April 11. (HF1186 */SF1489/CH412) waste from polluting rivers. Feedlots are con- fined areas where grass doesn't grow and Closing insurance loopholes HIV test results groups of animals are kept. Although the feedlot regulations have been Insurance companies will not be able to Insurance companies cannot obtain the on the books for some time, they haven't claim a woman had a pre - existing condition HIV test results of accident victims, or the been enforced as rigorously until recently. if she has non - cancerous lumps in her breasts emergency medical personnel and good Sa- Consequently, farmers have become more and then later develops cancer, under a bill maritans who help them, under a new law concerned about whether damage caused by signed into law by the governor April 15. signed by G ov. Arne Carlson April 20. pollution is covered by their insurance. The bill. which was unanimously approved The law, which is effective Aug. 1, 1994, } The new law requires the Department of by both the House and Senate, would pro- expands a current statute that keeps insurers mmerce to select an advisory committee hibit health carriers from terminating, can- from obtaining the results of HIV tests per - 0",omposed of representatives from both the celing, or refusing to renew a health plan formed on sex offenders or on victims who farming and insurance industry to conduct solely because of what is called a fibrocystic had contact with a criminal's bodily fluids. the study. condition. HIV is the virus that causes acquired im- The committee will: According to House bill sponsor Rep. Carol mune deficiency syndrome (AIDS) and can td g _ - identify ex' Molna istin farm u IR Cha - 0 be s f)' o liability policies in ( sl.a), between �0 and / read through contact � ' _ p vtth bodily fluids. ds. Minnesota and the extent of pollution liabil- percent of all women are affected by a heredi- Insurance companies use HIV test results to ity coverage; tary fibrocystic condition, which can cause den) health coverage or cancel a policy, said • determine the range of farm pollution li- nodules or cysts to form in women's breasts. Rep. David Bishop (IR- Rochester) who spon- ability insurance beyond the basic .farm li- The American Cancer Society and other sored the measure in the House. Sen. Ember ability policy as well as the limits and costs of medical groups have stated there is no evi- Reichgott Junge (DFL -New Hope) sponsored the coverage; dente between the condition and cancer, the Senate version. (See April 15, 1994, Ses- • analyze current insurance industry prat- lvfolnau said. sion Weekly, page 17). tices, including how companies compute Although insurance companies cannot ter- The law defines emergency medical pro - pollution liability risk; minate a policy because a woman develops viders as firefighters, paramedics, nurses, • assess whether pollution coverage should breast cancer, some companies still claim the and other trained professionals, as well as be mandated in farm liability insurance; fibrocystic lumps were a pre - existing condi- "other persons who administer emergency • consider whether to publish a farm liability tion the woman hid from them. The compa- care" such as good Samaritans. coverage market guide; and nies consider that grounds for terminating HF2379/SF1794 */CH475 • make recommendations for new legislation the policy. or rules regarding pollution liability insur- The new law will insure that a woman's ante to "strengthen both the farming com-• health insurance is not changed solely be- munity and the insurance industry." cause she has a fibrocystic condition. The The commerce commissioner is to report measure, which was sponsored in the Senate the stud • by , study' findings and recommendations to ,Sen. Temp Johnston (IR -Prior lake), is the Legislature by Jan. 1, 1995. effective Aug. 1, 1994, and applies to a plan Wi The law was sponsored by Rep. Alice issued or renewed to provide coverage to a nson (DFL - Spring Lake Park) and Sen. Minnesota resident on and after that date, William Luther (DFL - Brooklyn Park). HF2530/SF1951 */CH442 HF2954/SF2255 */CH476 ' May 13, 1994 / SESSION WEEKLY 29 ment. Although not specifically listed, food LABOR d'! ` and beverages are also considered gifts, and, therefore, are banned. Labor Interpretive Center There are a few exceptions to the p n gifts; a lawmaker may accept a plaq e or The proposed Labor Interpretive Center similar memento recognizing and 1995 under a provision in the state service or a will et $185 000 'durin fiscal ears 1994 g g Y meal after he or she has appeared at a meeting to give a speech or answer questions on an supplemental budget bill signed into law issue. May 10 by Gov. Arne Carlson. The new law takes effect Aug. 1, 1994. It The center, which has been planned since - was sponsored by Rep. Edgar Olson (DFL - 1985, is slated to be built in downtown St. Fosston) in the House and in the Senate by Paul across from the Civic Center on a site Sen. John Marty (DFL- Roseville). between Kellogg Boulevard and Fifth Street. HF1863 */SF1737/CH377 The goal of the proposed center is to "cel- ebrate the contribution of working people to the past, present, and future of Minnesota," Flag burning ban according to the center's mission statement. Rep. Loren Solberg (DFL - Bovey) spon- A legislative resolution that calls on Con - sored the supplemental budget bill in the gressto pass a proposed constitutional amend- House and Sen. Gene Merriam (DFL -Coon ment that would allow Congress and the Rapids) carried the legislation in the Senate. states to pass laws against the "physical des - HF3215/SF2913*/CH632 ecration of the flag of the United States" was signed into law by the governor April 15. The resolution has no force of law, but LAW + functions as a "show of support and show of Mang strength" for Congressional action, accord - Border incident Nearly all lobbyist gifts to lawmakers are banned ing to Lyle Foltz, assistant adjutant of the under the new ethics law that was one of the first Minnesota American Lesion. bills to be signed into law this year. (HF1863 */ ° A law enforcement officer from an adjoin- SF1737/CH377) Foltz said that Congress must stilft ing state will be able to cross the border and proposed constitutional amendmen h make an arrest in Minnesota, under a bill Dakota, responded to the call. requires a two- thirds majority in both the signed into law by Gov. Arne Carlson April ALtinnesota conservation officer, who was U.S. House and the U.S. Senate. If that oc- 15. following the three pickups, radioed ahead to curs, the proposed amendment would then After Aug. 1, 1994, lawn enforcement offic- a South Dakota trooper who was in a better have to be ratified by at least 38 states. ers from North Dakota, South Dakota, Iowa, Position. The trooper then apprehended the Foltz said Minnesota is the 43rd state to or Wisconsin can enter this state, in direct suspects one mile into Minnesota. pass a resolution stating support for the ban response to a request from a Minnesota peace Although a Lac qui Parle County sheriffs on flag burning, but it is unclear whether officer, and act with the full authority granted deputy arrived at the scene within two min- there is enough support in the U.S. House to law enforcement personnel in this state. utes of the initial stop, a Minnesota judge and Senate for the proposal to be considered The officer must obey the direction of the later ruled that the South Dakota trooper did by the states. Minnesota law enforcement officer while in not have authority to make a legal stop and Recent U.S. Supreme Court rulings have this state, however. dismissed the case against the six defendants. held that burning the flag is protected under The out -of -state police officer, sheriffs Rep. Doug Peterson (DFL - Madison) was the First Amendment. (See March 4, 1994, deputy, or conservation officer will be re- the House sponsor of the bill, and Sen. Randy Session Weehly, page 11 and March 25, 1994, quired to follow the rules of his or her own- Kelly (DFL -St. Paul) sponsored the Senate Session Weekly, page 15.) agency while in Minnesota. After making the companion. The Minnesota Secretary of State's Office is arrest, the officer must promptly surrender HF1966 * /SF1855 /CH441 instructed to send copies of the resolution to custody of the arrested individual to a Minne- the "President. and Secretary of the United sota peace officer. States Senate, the Speaker and Clerk of the The law stems from a Nov. 14, 1992, Ethics in government United States House of Representatives, and incident which began when a concerned Gov. Arne Carlson signed a major ethics Minnesota's Senators and Representatives in citizen from Revillo, S. D., called the Lac qui bill into law March 22 that bans nearly all Congress." Parle County sheriffs department in Minne- lobbyist gifts to lawmakers. The resolution was sponsored in the House sota about a group driving pickups through Under the bill, a lobbyist, business, or by Rep. Brian Bergson (DFL - Osseo) and in fields and "shining" deer — using a spotlight the Senate by Sen. Jim VickermarL- ° special interest group can not give a gift to a to freeze deer and then shoot them. Tracy). The sheriff dispatched some deputies and legislator. A legislator, in turn, cannot accept HF1880 * /SF1700/R5 a gift from anyone or any group attempting to a town officer. A South Dakota state trooper influence legislation. and a South Dakota deputy, along with con- Such gifts include money, property, a ser- servation officers from Minnesota and South vice, a loan, or a promise of future employ - 30 SESSION WEEKLY / May 13,199A Data privacy, open meetings Suing pimps and madams Rep. Tom Osthoff (DFL -St. Paul) and in the Senate by Sen. William Belanger (IR- Bloom- 1 A news organization couldn't broadcast People coerced into prostitution would be ington). The law is effective Aug. 1, 1994. your emergency call to 911 without your able to sue their pimp or madam, under a bill HF2435 * /SF2607 /CH401 Aftrmission, and a merchant couldn't disclose signed into law by Gov. Ame Carlson May 10. W at videos you rented, under the terms of a House sponsor Rep. Carlos Mariani (DFL - data privacy bill signed into law by Gov. Ame St. Paul) said that the new law "will put a Dangerous dog tags Carlson May 10. major hurt on those who would sexually Beginning Aug. 1, 1994, dangerous dogs The changes are included in the new data exploit vulnerable young people." privacy law, sponsored in the House by Rep. A person who coerces a man, woman, boy, must wear tags with the designated state Mary Jo McGuire (DFL- Falcon Heights) and or girl into prostitution now can be sued dangerous dog symbol, under legislation in the Senate by Sen. Harold "Skip" Finn effective Aug. 1, 1994, for a variety of dam- signed into law May 4 by Gov. Ame Carlson. (DFL -Cass Lake). ages, such as loss of future earning capacity, The new law directs the Department of Other changes in the new law will: mental and emotional harm, and pan and Public Safety to determine the exact design • make available to the public the blood- suffering. and material for the tag. alcohol level of persons involved in traffic The person sued also will have fewer de- Previous law only required the owner of a accidents; fences at his or her disposal under the new dangerous dog to place a sign in his or her • make available to the Department of Health law. For instance, someone sued cannot use yard warning passersby of the animal (See the medical data onstillborn infants, moth- a defense such as the ntiff P did not 1 i try to April 29, 1994, Session �[- 'eehiy, page 13). The a t ers who died during pregnancy or while flee or the plaintiff worked in a place that had signs are bright yellow and depict an attack - giving birth, and infants who died before signs posted prohibiting prostitution. Any. ing dog with a human hand held out to reaching age 2. The department, with some civil action, however, must be brought within Protect against the animal. restrictions, can access these records with- six years of the alleged coercion. A dangerous dog is defined as one that outpermission of familymembers orguard- The new law lists 23 examples of "coer- does any of the follo«ing inflicts substantial ians as long as the data are used in legiti- cion," ranging from physical torture to "ex- bodily harm on a human without provoca- mate medical studies relating to pregnancy ploiting needs for food, shelter ... or intimate and childbirth s lion; kills a domestic animal without provo- cation while off the o-wrier's property; or is or marital relationships." p otherwise found to have been potentially • allow law enforcement agencies, without A provision in the new law, adopted from first obtaining a juvenile court order, to the Senate's bill, will make it easier to hold an dangerous. provide information on young delinquents adult liable when a minor is involved. This Rep. L} radon Carlson (DFL -Cr stal) spon- to school officials if the information would section does not require the victim to show sored the bill in the House and Sen. Ember promote school safety; he or she was "coerced" into prostitution; Reichgott Junge (DFL -New Hope) carried require an individual's permission before simply hiring a minor to engage in prostitu- the legislation in the Senate. his or her 911 call can be broadcast on Lion could make a person liable for damages. HF2362 */SF2189/CH550 radio or TV. News organizations can still Sen. Ember Reichgott Junge (DFL -New obtain and make public a transcription of Hope) sponsored the bill in the Senate' SPO a call to 911, but only if the transcript HF2519 */SF2112/CH624 doesn't reveal the caller's identity. The audio recordings are still available for law Target Center buyout enforcement or fire department investiga PETS With barely a vote to spare and minus a tions and 911 dispatcher training pur- controversial "Mighty Ducks" amendment poses; and P that would have aid for more youth ice • require video stores to obtain a customers Abandoned animals rinks, the Legislature May 7 voted for a state 1 written permission before disclosing any If you're notified by a veterinarian or aril buyout of the Target Center. personal information about the customer. mal boarding facility to pick up your pet and And Gov. Arne Carlson sig the bill into Video rental outlets cannot disclose what you don't do so within 10 days, you have no law May 10. video titles a person rented. Such informa- "further rights or claim to the animal;" under The House passed a compromise House- E lion will only be available to law enforce- a bill signed into law April 11 by the gover- Senate bill 69 to 61 minutes before the clos- ment authorities presenting a court - issued nor. in of the 1994 session. The Senate passed warrant, or to grand juries or courts upon The law specifies that individuals must be the compromise bill minutes later 35 to 26. presentation of a subpoena. notified — by certified mail or through a Both bodies approved the buyout with only en meet- } g PP E • put some teeth in to the state's open court summons —that their pet should be one vote to spare. It needed 68 votes in th c � ing law by raising the fine to $300 _ up P claimed. An alternative to this procedure is to House; 34 in the Senate. from $100 — on an individual who vio- publish a notice in the animal owner's local The new law now authorizes the Metro - lates the law. A person who pursues an newspaper. politan Sports Facilities Commission to issue intentional violator of the law also could If there's no response to a letter or notice $42 million in revenue bonds to purchase the } recoup attorney's fees up to $13,000. within 10'days after its receipt or publication, downtown Minneapolis sports arena, home b F2028 */SF2079/CH618 the veterinary or animal boarding facility can of the Timberwolves basketball team. dispose of the animal without any legal liabil- A 10 percent ticket tax and a S 1 ticket r I it}•. surcharge on Target Center events Will help The bill was sponsored in the House by pay off the bonds. May 13, 1994 / SESSION WEEKLY 31 Also, the state will contribute 5750,000 annually over 15 years to help pay them off. The money will be drawn from the accounts of the state's Amateur Sports Commission. In return, the commission can use the Target �.,:. Center on 50 event days each year. When the bonds are retired, the law releases the Ama- teur Sports Commission from its agreement and allows it to pay a per -event fee each time it uses the Target Center. Originally, the House bill– before it headed to House /Senate conference committee – called for the annual $750,000 payment to come from investment returns from the Min- tE �Fty b � neapolis police and firefighters pension fund. The money would otherwise go to the state's general fund. In addition, the new taw calls for a Minne- apolis tax on downtown restaurants, bars, and hotels to kick in if the ticket surcharge and state's annual $750 ,000 payments aren't The Timberwolves have more reason to stay in town now that the governor has signed into law a Target ,enough to pay off the bonds. Center buyout bill. But negotiations with the sports arena's owners will move forward only if the Should that tax kick in, 0.25 percent would Timberwolves agree to stay in town at least 30 years. The Target Center basketball court is shown during be added to the base tax. That money would the 1994 NBA All Star Game. (HF3041 */SF2725/CH648) be used to fund Minneapolis youth recre- Ice time for girls Q TAXES ation programs. An amendment sponsored by Rep. Bob Bovs hockey teams should share the ice Milbert (DFL -South St. Paul) that would have equally with their female counterparts by the Property ta relief, child care credit built 12 new indoor ice arenas for youth 1996 season, under a provision of a bill sports across the state never made it into the signed into law May 10 by Gov. Arne Carl- Minnesota homeo«merswiligetsomeprop- compromise bill. Milbert proposed raising son• erty tax relief and some parents of infan Il Target Center ticket prices by $ 1.50 rather The provision, proposed by Rep. Phyllis receive a tax break, under a comprom than S 1 and using the extra 50 cents to build Kahn (DFL- Mpls), is intended to make sure bill signed into law- by Gov. Arne Ca n the rinks. males share ice time equally with females. May 5. The Target Center buyout became a legis,a_ The language signed into law, however, ap- But some upper- income senior citizens Live issue after the arena's two owners, Harvey Pears to be less than a mandate. will see a tax increase. And writing off those Ratner and Mary Wolfenson, said they could The new 1994 -1995 supplemental budget golf course memberships and some other no longer pay the debt on the sports arena, law says all public indoor ice arenas must give quasi- business expenses will be eliminated which they built for S 104 million. Rep. Rich- female teams "up to 15 percent" of the prime entirely or sharply curtailed. and Jefferson (DFL -Mpls) said a state buyout ice time during the upcoming winter season, In all, the new law allocates about S110 would ensure the national basketball team, the "up to 30 percent" during the 1995 season million for property tax relief. Timberwolves, stay in town: and "up to 50 percent" by the 1996 season. Millions are set aside for Minnesota cities to The new law specifies the arena will be The provision, effective July 1, 1994, is hold down the cost of local property taxes. The purchased if future Timberwolves owner Part of the state government finance portion Local Government Trust Fund, which collects agree to keep the team in Minnesota at least of the supplemental budget lacy. some sales tax revenue and transfers it to cities, 30 years. Also, the law mandates that the The new law also says if a public arena is short about $30 million. The legislation sports commission must try to move a profes- Provides more ice time to one gender than makes up the difference in fiscal year 1995 and sional hockey team to the Twin Cities. the other, it can't turn down a request for expects to make up another roughly S30 mil - Negotiators from other cities are attempting Prime ice time from the underrepresented lion shortfall in fiscal year 1997. to lure the Timberwolves to their towns, but group. Another 520 million pays a portion of the Ratner and Wolfenson have said thev're com- prime time is defined in the bill as 4 p.m. property taxes Minnesota school districts' mitted to keeping the team in Minnesota. to 10 p.m. Monday through Friday, and 9 would otherwise collect from taxpayers in If the new law hadn't passed, the a.m. to 8 p.m. during the weekend. 1995. Timberwolves probably would have been Sen. Gene Merriam (DFL -Coon Rapids) And another $21 million helps pump up sold to a company wanting to move the team sponsored the supplemental budget bill in property tax relief programs such as renters' to New Orleans, Jefferson has said. the Senate. Rep. Loren Solberg (DFL- Bovey) credit, the targetingrefund circuit breaker HF3041 */SF2725/CH648 sponsored it in the House. (Art. 3, Sec. 23) program in the 1996 -1997 two -year bud et- HF3215/SF2913 */CH632 ing period. Those programs offer tax r to property owners and renters bas their income and tax burden. Additional money for the targeting refund program — S6.2 million — was signed into 32 SESSION WEEKLY / May 13, 1994 t law by the governor under a separate bill. Because so many people have seen a property tax increase, this separate new law pumps up" the amount of money available for refunds so ore people can collect this year. The omnibus compromise tax law also sets aside an additional S3 million for the target- ing refund program for fiscal year 1996. Below are some of the highlights of the new law (HF3209 * /SFNone/CH587):y�� Child care tax credit -- Low to moderate income parents of a child under age 1, who do not use professional child care services, could receive 'a tax break. Currently, Minnesota offers parents who �4 each work a tax credit to help with proles- . �. sional child care costs. The omnibus tax bill . takes into account the value of a mother or father staying home to care for their infant Anew law gives low -to moderate - income parents a tax break for children underage I if the family doesn't working split shifts so one can always be use professional child care. (HF3209 * /SFnone/CH587) home with the child, or using a relative or federal income tax returns. (Art. 1, Sec. 6) million. If an executive earns S2 million, the other non - professional care. The law offers a Although some senior citizens will pa company can deduct only S1 million. tax credit of up to 5720 a year to married more taxes under the new tax changes, some (HF3209 * /SFNone/CH587, Art. 1, Sec. 6) couples raising a child up to 1 year old who will pay less. do not claim the credit for professional child The law also expands the "income tax Government trust fund eliminated care costs. subtraction" for some seniors and disabled The Local Government Trust Fund, estab- Only couples earning a household income people. It will result in lower income taxes for lished in 1991 with an extra half -cent added of less than $29,560 would be eligible. A low- to middle - income seniors and disabled to the state's 6- percent sales tax, will be couple with an income of S 15,560 would get people than existed in previous law. abolished July 1, 1996. The fund pays out he full $720 credit. The purpose of the law is to equalize state aid to Minnesota cities and towns. The measure is expected to cost about 53.7 income taxes regardless of the source of in- Municipalities will still receive their state iIlion a year. come for seniors and disabled people. Se- aid based on current formulas in law, but Proponents say the current tax structure niors who retire on income other than Social money will no longer be set aside especially and cost of consumer goods has forced fami- Security or exempt interest currently benefit for local governments. Cities and towns w ould lies to seek two incomes instead of staying under this law. (HF3209 * /SFNone/CH587, receive a 2 percent increase in their state aid home to raise their children. Art. 1, Sec. 16) for 1995. During subsequent years, aid in- This provision was originally introduced creases would be tied to inflation. (HF3209 */ as HF1837 and was sponsored by Rep. Dar- Meals, golf, business trips SFNone/CH587, Art. 3, Sec. 20) lene Luther (DFL- Brooklyn Park). (See Feb. As part of conforming to the federal tax 25,1994, Session �Veehly, page 6.) (HF3209 */ code, the new tax law will either reduce or Help for St. Paul landlords SFNone/CH587, Art. 1, Sec. 13) eliminate state tat deductions for business Property taxes for some St. Paul single - meals, country club membership fees, lobby- family and duplex rental units will be re- Upper- income seniors pay more ing expenses, and expenses incurred while duced in hopes of encouraging landlords to A provision of the compromise tax law taking a spouse on a business trip. reinvest more money in their properties, changes Minnesota's tax code to conform Last year, as Congress worked to reduce under a provision in the new tax law. with that of the federal government. But the the deficit, many federal income tax:deduc- Originally sponsored by Rep. Andy change means upper- income seniors pay tions were reduced or eliminated. Lawmak- Dawkins (DFL -St. Paul), the provision estab- higher income taxes on their Social Security ers hope that conforming to the federal in- lishes a one -year pilot project in St. Paul for benefits. come tax standards will simplify the filing of property taxes payable in 1995. Qualifying Next year, singles with income of about Minnesota tax returns. (HF3209* /SFNone/ single - family and duplex'rental housing will $65,000 and married seniors with income of CH587, Art. 1, Sec. 6) receive a local property tax credit. (The mea- about $80,000 will pay more in taxes. In sure was originally introduced as HF2308.) 1997, married seniors with income of about limiting millionaire deductions To participate, a landlord must pay a fee to $44,000 annually, and single seniors with Currently there are no limits on how much. hire a housing evaluator to inspect the rental income of about $34,000, will be affected by a public company can deduct for employee unit or units, repair the property based on the 1 the new law. They represent about 60,000 salaries and some benefits. The new law limits evaluator's findings, have the property re- seholds, or the top 12 percent of Minne- the tax deduction publicly held companies can inspected after repairs, and gain approval seniors. take for each executive who earns more than from city officials. Any life and safety hazards Eighty -five percent of their Social Security $1 million a year in salary (and certain benefits identified in the inspection must be repaired benefits would be subject to Minnesota's such as stock options), and allows the com- even if the landlord withdraws from the income tax, just as is the case now for filing pang to deduct only the portion up to Si program. May 13, 1994 / SESSION WEEKLY 33 The new provision taps the general fund also will be exempt from the sales tax, saving • or, if the market value is more than $150,OOC for S1 million in fiscal year 1996 to offer the horse buyers an estimated $200,000 a year. butlessthan $300,000, the propertywould tax breaks. Landlords and the city of St. Paul (Art. 2, Sec. 12) qualify if it is located in a city or in will have to come back to the Legislature if Personal computers sold by public and which 50 percent or more of the- they want state help in continuing the project. private schools, colleges, and business and were built before 1960 based on th 9C Dawkins has said helping landlords rein- trade schools to students enrolled in their census, and the city or town's median vest in their properties would help provide classes also will be exempt from sales tax. income is less than the statewide median "safe, affordable housing for renters' and (Art. 2, Sec. 13) income based on the 1990 census; in other improve St. Paul neighborhoods. Another provision of the law extends the words, Minneapolis, St. Paul, and other The St. Paul City Council will also have to sales taxexemptionon ticket sales from chari- older cities and towns. agree to the idea before the program can take table golf tournaments that last more than Any house valued at more than $300,000 effect. (See March 31, 1994, Session Weekly, four days — provided the proceeds go to a is not eligible for the program. (HF3209 */ page 12.) (HF3209 * /SFNone/CH587,Art. 5, charitable organization. The intent of the SFNone/CH587, Art. 5, Sec. 4) Sec. 27) provision is to exempt ticket sales to the annual Burnet Senior Golf Tournament, Enterprise zones Tax break to replace equipment scheduled this year at Bunker Hills golf course Businesses in some low- income areas that The compromise tax bill will save manu- in Coon Rapids. employ and train local residents will be eli- facturers $68.3 million in fiscal years 1996 The event is owned by Abbott Northwest- gible for tax breaks, under another provision and 1997 by reducing the state's 6.5 percent ern Hospital and the United Hospital Foun- in the new tax law. • sales tax on replacements for aging equip- dation. Last year law was enacted to provide The measure spends 5900,000 in 1997 to ment. The tax will be phased down to 2 a one -time sales tax exemption for the 1993 help bring businesses and jobs to neighbor- percent by fiscal year 1999. tournament. The provision is expected to hoods in Minneapolis, St. Paul, and other Under this provision, businesses should save the tournament about $100,000 a year. Minnesota cities with low income areas. see savings quickly. The provision begin (HF3209 * /SFNone/CH587, Art. 2, Sec. 14, It establishes an "enterprise zone" program July 1, 1994, and save manufacturers an Subd. 1) in which businesses that hire and train local estimated $14.6 million. people for jobs may receive state tax credits of The provision is designed to keep Minne- This old house up to 55,000 for each employee. sota manufacturers competitive in the U.S. A law enacted last year to encourage home- To qualify, a business must be located in a and around the world. It is hoped they will owners to fix up their older homes is tight- designated enterprise zone, and must pay the take the sales tax savings and reinvest in jobs ened under the new tax law, worker at least 57.22 an hour (whic0 and new products and services. (HF3209 */ The 1993 Le approved a law that percent of the federal minimum wag e SFNone /CH587, Art. 2, Sec. 4, Subd. 5) allows homeowners to partially exclude the end of the first year of employment. The value of improvements made to their homes employee must be a resident of the desij Other sales tax exemptions from their property tax assessments for 10 nated zone. Protective equipment and clothing for years. According to Rep. Carlos Mariani (DFL -St. firefighters will be exempt from Minnesota's I addition to a house having to be at least Paul), who sponsored the original proposal 65 percent sales tax, under the new tax law. 35 years old to qualify, it now will have to as HF2811, money from the state will help That's estimated to save fire departments have either: cities attempt to secure grants from the fed - about 5400,000 a year. (Art. 2, Sec. 11) a market value equal to or less than eral government. The federal government Many horse purchases (except race horses) S 150,000; gives enterprise zones that qualify federal tax credits and block grants, he said. (Art. 12, Sec. 12 -19) ' The new law also establishes a "rural job creation credit" that provides a tax credit to employers creating at least 10 new jobs out- side the Twin Cities. The employee must cam ;. at least 57.22 an hour. (Art. 12, Sec. 20) ' The legislation gives Minneapolis, St. Paul, and other qualifying cities permission to set up the zones, but each city council will need to approve the program. (HF3209* /SFNone/ CH587) Property tax refund law A bill that would make more Minns eligible for a property tax refund in 1 • signed into law March 31 by Gov. Arne A provision of the state's tax bill, now law, will mean upper- income senior citizens would pay higher Carlson. income taxes on their Social Security benefits. Although some seniors will pay more taxes under the tax The law specifically deals with the state's bill, some will pay less. (111`3209* /SFNone/CH587) "targeting" refund program, which is sepa 34 SESSION WEEKLY / May 13, 1994 rate from the renter's credit and circuit breaker property taxes for a set number of years, of each species, and only if they bring it back tax refund programs. State law allows the job - creating districts whole and intend to have it mounted. The To qualify for a refund underprevious law, to last 11 years. In the new law, the Legisla- Department of Natural Resources will estab- a property owner's taxes must have gone up ture extended he St. Cloud and Fingerhut lish the definition of a trophy fish. re than 12 percent and increased by at district to up to 25 years. The Minnesota law will not apply to border t $100 over the previous year. But be- The law also forgives the penalty normally lakes where the limits are the same for every- cause so many people will see a property tax assessed against cities that set up these dis- one. Currently, this would mean those lakes increase this year, the Department of Rev- tricts. Cities lose a portion of their state aid east of Rainy Lake. enue, using its discretion as allowed under when they offer a business tax breaks. In St. The governor said he would waive the fish law, increased that $100 threshold to $300. Cloud's case, the city could have lost about limits by July 1, 1994, if the Ontario govem- That increase would have limited the num- $4.5 million. ment agrees to create a ber of people eligible for a "targeting" refund The national mail order retailer, headquar- he iss by setting equal t as k mits for everyone and was designed to make sure the depart- tered in Minnetonka, employs about 4,000 fishing in the designated waters. ment didn't exceed the state's $5.5 million people year round in St. Cloud and several The proposal was sponsored in the House budget cap for such refunds. thousand others throughout Minnesota. Rep. by Rep. Jim Tunheim (DFL- Kenned and in The new law, sponsored by Taxes Com- Joe Opatz (DFL -St. Cloud) sponsored the the Senate by Sen. LeRoy Stumpf (DFL -Thief mittee Chair Rep. Ann Rest (DFL -New Hope) proposal in the House, and Sen. Joe Bertram River Falls). in the House and Sen. Phil Riveness (DFL- ( DFL- Pa}•nesville) sponsored the Senate com- HF1835 */SF1755/CH479 Bloomington) in the Senate, removes the panion. HF2213 */SF2030/CH376 $5.5 million cap and restores the $100 limit. t The law appropriates an additional $6.2 TRANSPORTATION million from the state's general fund in fiscal year 1995 to pump the refund program up to TO U R � SM S11.7 million. The law is a one -shot deal and Transportation funding eliminates the cap only for taxes payable in Canadian 'trop fish' 1994. A new state law will give an additional S 15 Because the refund forms alreadv have Minnesotans who fish in Ontario this sum- million to the Department of Transportation gone out with the $300 threshold printed on mer can return home with only trophy fish to help it build and maintain the state's them, the law contains provisions for the that they intend to mount — and only one of roadways.: state to inform the public immediately of the each species. However, a provision in the bill to increase nge. HF1858/SF1709 */CH383 The new law, signed by Gov. Arne Carlson the state tax on gasoline by 4.4 cents per April 21, is the result of a long - running g and tie further annual increases to the border dispute between the Ontario govern- consumerprice index did notsurvivea House- Fingerhut bill signed ment and resort owners along Minnesota's Senate conference committee. northern border. The gas tax increase would have taken Gov. Ame Carlson March 22 signed into The law aims to bring Ontario officials to place only if Minnesota voters had approved law a bill that is intended to help Fingerhut the bargaining table, where state officials a proposed constitutional amendment this Companies create another 400 jobs in St. hope to convince them to ease up on some of November that would alter how the state's Cloud. the regulations they've placed on Minnesota- motor vehicle excise tax is spent. The law gives Fingerhut special tax breaks based anglers in recent years. The House passed the compromise legisla- } to build a $19.2 million expansion in St. The latest and most severe Canadian re gu- tion May 6 by a vote of 129 -1 and the Senate Cloud. Specifically, it exempts Fingerhut and lation was a 1993 law that encourages people unanimously passed it the same day. Gov. St. Cloud from some Minnesota laws regard- who fish the Canadian side of Minnesota- Arne Carlson signed the bill into law May 10. in- government tax breaks. Ontario border lakes to stay in Ontario re- The g overnor also vetoed two appropria- The new law became effective upon local sorts. tions in the bill, writing in his veto message approval. The Ontario measure puts stricter limits that "neither ... require funding in this non- The company had told St. Cloud city offi- on anglers who stay in Minnesota than on budget year." (See Vetoed Bills section.) cials it would take its new jobs, paying $8 to those who stay in Ontario resorts, sometimes Rep. Bernie Lieder (DFL-Crookston) spon- $12 an hour, to Kansas City, Mo., if the city banning Minnesota -based anglers from keep- sored the House bill and Sen. Keith Langseth and state did not meet its re inganywalleyes they've caught on the Ontario (DFL- Glyndon) sponsored the legislation in City officials already had agreed to give the Senate. side of Lake of the Woods and Rainy Lake. Fingerhut $4.8 million in tax breaks if both Minnesota's new law, which took effect HF3230 */SF2097/CH640 the House and Senate approved. The tax April 22,1994, is meant to discourage Min - breaks, spread out over up to 25 years, could nesotans from crossing the border. It limits eventually cost the city $13 million in prop- all Minnesotans who fish in Ontario — re- W or k -zone speeding ert} taxes' gardless of where they lodge — to the most Under Minnesota law, cities can offer tax restrictive Ontario limit placed on Minne- Beginning July 1, 1994, motorists con- to companies to help create jobs in sota -based anglers. -, 'icted of speeding in a highway work zone community. Normally the agreement, Although thatlimitshouldbezero , lawmtak- could pay up to $200, double the current ca ed a Tax Increment Financing District, ers are making an exception. Minnesotans will maximum fine. involves a company expanding and creating be allowed to bring home just one "trophy fish" under the legislation signed into law May new jobs in exchange for the city forgiving 10 by the governor, any speeding fine will be doubled if the violation takes place in a May 13, 1994 / SESSION WEEKLY 35 + highway work zone. The new law also stipu- wish to conduct the course. The department laces that this extra fine must be at least $25. currently conducts eight -hour courses, as do Currently, Minnesota has a scale of fines a number oE private organizations suchasthe depending on which county the violation American Association of Retired Persons. 1 ' occurs in and how fast a driver is moving s , �,' u' Rep. Don Ostrom (DFL -St. Peter) spon- through a work zone. Fines can be as high sored the legislation in the House and Sen. g g ° $100 and are considered petty misdemean- Sandy Pappas (DFL -St. Paul) carried the leg ors. islation in the Senate. Current law also allows the Department of HF2115/SF2303 */CH547 Transportation to set speed limits between 20 and 40 miles per hour on roads when `'" Free car seats repair or maintenance crews are present. r :� Highway work zones are one of the most Fines collected from drivers who don't hazardous work sites for MnDOT road crews, strap their kids into child safety seats will according to Rep. Wayne Simoneau (DFL- help buy car seats for people who can't afford Fridley), who sponsored the original work- under a new law signed May 10 by zone legislation as HF1458. This bill was �; ;' Gov. Arne Carlson. later incorporated into HF3230. � The change is among the man y items in- � �:a � .a5 4 Rep. Bernie Lieder (DFL - Crookston) spon- cluded in an omnibus transportation bill sored the House bill and Sen. Keith Langseth " �'° making mostly technical changes in state (DFL - Glvndon) sponsored the legislation in y ', laws regulating transportation. All of the the Senate. k changes in the law became effective May 11, HF3230 */SF2097/CH640 . 1994. Drivers who don't use a car safety seat Two hours to Chicago ? when traveling with a child under the age of 4 are subject to a fine of up to S50. The state will help pay for the second phase Under the new law, all fine money will be of a study to evaluate a high -speed train link used to fund a new program at the Depart - between the Twin Cities and Chicago under ment of Public Safety to educate the public on legislation signed into law May 10 by the the need to put young children in safety seats. governor. The program also would give, or loan at n The new law instructs the Department of cost, car safety seats to families w--- can't Transportation (MnDOT) to continue its from I n d ian move its electric poles and power lines nds Park in St Paul under the afford to buy them. study of a high -speed train route connecting From Indian Mou. , Another section of the bill requiresthatany state supplemental budget bill signed into la-w by the Twin Cities, Rochester, La Crosse Mad' Gov. Arne Carlson. (HF3215/SF2913 */CH632) traffic signals installed by the Department of son, Milwaukee, and Chicago. Transportation (MnDOT) after Jan. 1, 1995, At its highest speed, 300 mph, such a train be pre -wired with connections for a system could travel from the Twin Cites to Chicago $enlOrs i car insurance rates that changes the signal to green when an in about 2 hours and 15 minutes, according emergency vehicle such as a fire truck ap- to Rep. Don Frerichs (IR- Rochester). These Beginning Jan. 1, 1995, Minnesota senior proaches. trains would, therefore, be very competitive citizens can qualify for lower car insurance The law doesn't require new traffic signals with air travel for trips of up to 500 miles, rates in less time — and with less effort — to be equipped with the sensing devices that Frerichs said. under legislation signed into law May 2 by detect oncoming emergency vehicles. But "High -speed rail is truly the missing link" Gov. Arne Carlson. making them ready to accept the equipment in Minnesota's transportation picture, said Since 1985, people 55 and older, by law, can save thousands of dollars on each signal Frerichs. receive a 10 percent break on their insur- that may later be so equipped, according to Frerichs sponsored the original high -speed ante rates if they complete an annual eight- MnDOT officials. train study proposal as HF1052, which was hour accident prevention course. Carlson also line -item vetoed four metro - later incorporated into HF3230. Under the new law, seniors who have politan -area construction projects contained The law also appropriates $630,000 to already taken the eight -hour course could in the bill that he said would cost the state MnDOT to continue the study, but the money renew their eligibility by taking a "refresher" more than $1 million. (See Vetoed Bills sec- would onlybe available if Wisconsin contrib- course that would last no more than four tion.) utes $500,000 and the federal government hours. Rep. Tom Osthoff (DFL - St. Paul) spon- matches the Minnesota and Wisconsin mon- In addition, seniors would remain eligible sored the House bill and Sen. Keith Langseth ies. for the discount if they take either the eight- (DFL- Glyndon) carried the Senate legisla- Rep. Bernie Lieder (DFL - Crookston) spon- hour course or the shorter "refresher" course tion. sored HF3230 in the House and Sen. Keith just once every three years. (See April 29, (HF3011 */SF2680/CH635) Langseth (DFL- Glyndon) sponsored the leg 1991, Sessio�t tVee &ty, page 14.) 0 islation in the Senate. The bill directs the Department of Public HF3230 */SF2097/CH640 Safetv to establish the criteria fora "refresher" course and to approve organizations that 36 SESSION WEEKLY / May 13, 1994 Metro Mobility funding small and large cities because police don't Plum Creek highway have the time to enforce the law, said Rep. Problem - plagued Metro Mobility will re- Tony Kinkel (DFL -Park Rapids), chief author The section of U.S. Highway 14 between ve S25 million more to spend beginning of the House legislation. Mankato, Minn., and the South Dakota bor- 1, 1994, under a provision of the state The Senate bill was carried by Sen. Harold der will be named the "Laura Ingalls Wilder plemental budget bill signed into law Finn (DFL -Cass Lake). The law is effective Historic Highway" under a new law signed by May 10 by Gov. Ame Carlson. Aug. 1, 1994. the governor April 7. The extra cash is part of an overall $8.4 HF2426 */SF2035/CH495 The stretch of highway passes through million appropriation to the Regional Transit Walnut Grove, Minn., which is the setting for Board, which oversees Metro Mobility as well Wilder's novel, on the Banks of Plum Creek. as the Metropolitan Transit Commission and Special license plates The proposal was sponsored in the House other rural and suburban public transit op- by Rep. Ted Winter (DFL - Fulda) and in the erations. (Art. 6, Section 3) Volunteer ambulance attendants can buy Senate by Sen. Jim Vickerman (DFL - Tracy). The money to Metro Mobility will erase a special license plates under legislation signed The law is effective Aug. 1, 1994. into law April 15 by Gov. Ame Carlson. HF1976/SF1752 */CH395 budget shortfall the agency would have expe The exact design of the plates, which will rienced on July 1, 1994, the end of its 1994 cost an extra 510, will be determined by the fiscal year. The 1993 Legislature appropri- Department of Transportation. Reporting accidents ated $13.8 million to Metro Mobility for Re imunheim (DFL - Kennedy) spon- After Aug. fiscal year 1994. P J 1, 1991, anyone in a motor transit service which gives rides to ap 20,000 people Bored the House bill and Sen. LeRoy Stumpf a The tr b carried the legislation vehicle accident that results in more than a le who are dis $ 1,000 in damages must report that accident (DFL- Thief Falls ) o Senate. The law is effective Aug. 1, abled around the Twin Cities, effectively m the to the Department of Public Safety (DPS). collapsed in early October 1993 when a new 1991. HF1928 */SF1807/CH443 The change, which doubles the current management service began to restructure the $500 minimum damage threshold, is out - organization. lined in legislation signed into law by Gov. In less than a week after the restructuring Rural mail carriers Ame Carlson April 7. began, the governor activated the state's Na- Traffic engineers at the DPS use the infor- tional Guard and had guard members drive Rural mail carriers will be able to equip mation to find accident 'hoc spots and to Metro Mobility's vans and buses. their vehicles with strobe lights and studded decide whether new traffic signs or lights Rep. Loren Solberg (DFL- Bovey) spun- metal tires under separate bills signed into might make these sites safer. 0 red the state supplemental budget bill in law April 20 and 21 by Gov. Arne Carlson. Even a minor fender bender can easily e and Sen. Gene Merriam (DFL- e House r of both bills said the • e The House sponsors they the 5500 threshold, bill sponsor Rep. Coon Rapids) carried .the legislation in the t to make Lyndon Carlson (DFL- Cn•stal) explained. P J legislation in an ahem carried the attempt am Senate. rural mail carriers safer while on the job. Sen. Paula Hanson (DFL p on- H Lake) s HF3215/SF2913 */CH632 ;`lam rural mail carriers use their own sored the Senate companion. vehicles to deliver the mail. The new strobe HF2630/SF2415 */CH3 Patrol handicapped parking light law specifies that a carrier can mount a revolving, amber - colored strobe light on his Legislation to permit all Minnesota cities to. or her car but can operate the lamp only VETERANS establish citi parking patrols to tag ve- duringdaylight while actually delivering in hicles illegally parked in handicapped -only The tire legislation, signed April 21, speci- State veterans cemetery spaces was signed into law by the governor Pies that a viral mail carrier can use studded April 21. tires only on routes having less than 25 Land adjacent to Camp Ripley in central Lawmakers two years ago granted such percent of its roads paved. Also, studded tires Minnesota will soon become the site of a authority to the state's three largest cities: will be allowed only between Nov. 1 and state -run cemetery for Minnesota veterans. Minneapolis, St. Paul, and Duluth. Last year, April 15 and can be used only while deliver- A total of $250,000 was appropriated in the Legislature expanded that authority to ing mail or driving to the mail route: the supplemental budget bill to establish a "second class" cities, those with populations Rep. Dennis Ozment (IR- Rosemount) special trust account, the interest from which between 20,000 and 100,000. sponsored the strobe legislation in the House is to be used by the Department of Veterans The new law will soon authorize all incor- and Sen. Paula Hanson (DFL -Ham Lake) Affairs for upkeep of the proposed cemetery. porated cities in Minnesota, regardless of carried the Senate bill. The law became effec- (Art. 3, Secs. 3 and 53) population, c to train volunteers to issue tive April 21, 1994. The measure specifies that 36 acres of land - F 1774 * /CH478 is to be donated b , Aug riots to drivers who illegally park in Nandi HF2_54/S in Morrison Count} } b capped -only zones. (See March 18, ? 1994, Rep. Andy Steensma (DFL- Luverne) car- 1, 1994, for use as a state � cemetery. Session Weekly, page 13. April 8, 1994, Ses sled the studded tire legislation in the House It also requires that the department receive 0 slot Weelzh, page 15, April 22, 1994; Session and Sen. Jim Vickerman (DFL - Tracy) spon- approval from the Morrison County Board of 11 page 14.) sored the Senate bill. The law is effective Aug. Commissioners before accepting the land. The current fine for illegally parking in a 1, 1994. (Art. 3. Sec. 53) handicapped -only space is between S100 HF524 */SF430/CH486 The Minnesota State Veterans' Cemetery and S200. Association has donated the land to supple - Such "parking posses" are needed in both ment the existing U.S. military cemetery at May 13, 1994 / SESSION WEEKLY 37 Fort Snelling near the Twin Cities airport. Laverne Hanson of Hillman, president of # the association, earlier told legislators that V the land can accommodate 28,000 individual lots. �.... The law specifies that anyone who is eli- gible for burial in a national veterans cem- etery would also be eligible for burial in the state cemetery. It also calls on the department to establish burial fees and other regulations. "If practicable, the commissioner shall re- quire that upright granite markers be used to mark all gravesites," states the law. : • �� In addition, the measure creates a perma- nent advisory council that would help raise'' private funds to pay for the cemetery's up- keep. The bill was originally sponsored in the The legal age to play bingo is now 18 under a new omnibus gambling law signed by the governor. House by Rep. Steve Wenzel (DFL- Little Previously, there had been no minimum age to play bingo. (HF321/SF103/CH633) Falls) as HF2029. It was later incorporated In the Hopper ... May 6 - 12, 1994 into the supplemental budget bill. Veterans highway Wenzel pointed out that Minnesota is one of 12 states without a state veterans cemetery. The Minnesota portion of U.S. highway B i I I I ntrod uctions He said that people in rural Minnesota would 212 will be called the "Minnesota Veterans benefit from easy access to the cemetery's Memorial Highway" under legislation the HF3244 outstare location. governor signed into law April 18. HF3215/SF2913 */CH632 The new name for the highway, which runs east -west between the South Dakota Friday, May 6 border near Dawson and the southwest met - Foreign soldiers recognized ropolitan area, is effective Aug. 1, 1994. HF3244 — Commers OR)l' Rep. Carol Molnau (IR- Chaska) sponsored Taxes Effective Aug. 1, 1994, foreign combatants the legislation in the House and Sen. Terry V oter approval required for local aovemment prop - who served alon their American allies in Johnston (IR - Prior Lake) carried the Senate erty tax levies at a rate greater than the growth in personal income. foreign wars will be eligible for special license bill. plates under a new law signed by the gover- HF1844 */SF1679/CH457 nor April 7. For the first time, allied soldiers from coun- tries other than the United States will be A comprehensive guide to eligible to receive special veteran plates for the legislative process in motor vehicles registered in Minnesota. I Minnesota. i Under current law, only veterans of Ameri- can armed forces are eligible for these special PEOPLE AND THE PROCESS plates, which include designations as veter A Legislative $tUCIy GUICIZ ans of the two world wars and the wars in the Persian Gulf, Korea, and Vietnam. I In addition, a new license plate commemo- rating those who served in Laos during the Q "LAOS WAR VET w , Vietnam ar din tern a will be created. The plates will cost an extra $10 for those who purchase them. I g The new law was sponsored by Rep. Steve Trimble (DFL -St. Paul) in the House and Sen. Sandy Pappas (DFL -St. Paul) in the Senate. HF2105/SF1968 */CH396 On sale now in the Minnesota Bookstore 1 Ford Building, 117 University Ave., St. Paul, MN 55155 or call: 612- 297 -3000 j $12.00 i Z R WFFKLY 1 Mav 13. 1994 Vetoed Bills 1994 O pter Bill title Veto date Comments Full vetoes (1 7) 381 Union representatives given time off by public employers 3/28 Similar language was inserted in HF2228 following the govemof s veto and then was incorporated into HF2189. 481 Civil commitment- procedures modified 4/21 492 Whatleblower law, expanded 4/Y2 540 Health care administrative costs studied by legislative auditor 5/2 543 Seniors allowed small pets in mobile homes 5/2 544 Environmental assistance office established 4/29 HF2920 -House attempted to override the veto on 5/2/94 but failed on a 89 -45 vote 555 Cook County lakeshore property required to be reoffered for sale 5/5 569 Minneapolis Teachers Retirement Fund allowed service credit 5/5 593 Business consolidated licensing established 5/9 594 Metropolitan Council -new housing rules 5/9 597 Health care access reserve account created 5/9 599 Manufaduted home sales fees clarified 5/9 601 Sprinkler systems required in offices, apartment buildings 5/9 Omnibus health and human services appropriations bill 5/9 608 Minors provided simulated elections 5/9 609 Appointments given for some county offices 5/6 621 Minimum wage increased 5/10 Line -item vetoes (8) 532 Omnibus higher education appropriations bill 5/5 Une*m vetoes include: Pg. 3, line 10, lines 13.18, lines 29 -31; lines 32.39; lines 4045, lines 46.51; Pg. 4, fines 9.16, line 19; Pg. 5, lines 1 -12. 576 Omnibus juvenile crime bill 5/5 Une4em vetoes include: Pg, 63, lines 6-2 1, lines 22.29, lines 30.61; Pg. 65, fines 38.50. The House tried to override ports of the veto on 5/6/94 but failed with a 87-45 and 85.47 vote. 625 MinnesotoCare 5/10 linkem vetoes include: Pg. 245, lines 5240, tine 61; Pg. 246, tines 1.7 632 Omnibus appropriations bill 5/10 Uneltem vetoes include: Pg. 6 33-41; Pg. 8, lines 1 -36, Cures 58.59; Pg. 10, lines 1 -7, lines 47 -54, tines 55- S 56; Pg. 11, lines 8 -11, lines 17.22, lines 23.31; Imes 39.49; Pg. 12, lines 51 -54; Pg. 13, lines 1.3, lines 4 -9, fines t 10.13; Pg. 24, lines 9.12; Pg. 44, lines 1636; Pg. 45, lines 1 -16, Pg. 51, lines 34.36, lines 37-41; Pg. 52, lures 23.29, lines 30.40; Pg. 55, lines 8.12, lines 13.15; Pg. 100, lines 25.27; Pg. 101, lures 37-41, lines 55-57; Pg. 102, lines 1.9, fines 36.55; Pg. 103, lines 33 -37, lines 3842, Gres 43.48, lines 49 -57; Pg. 104, lines 1 -5, Imes 18.24. 635 Munidpal state-aid street mileage limitation changed 5/10 Uine -item vetoes include: Pg. 20, lines 19 -24; Pg. 21, lines 3.7, roes 8.14, lines 15.20 i 636 Omnibus crime bill R 5/10 Une -+tem vetoes include: Pg. 5, lines 31.33, lines 47.48; Pg. 8, fires 16.24, lines 25.35; Pg. 9, fines 38.41; Pg. 10, S lines 4 -19, lines 2029, lines 30.34, lines 35.40, lines 41.48, km 49 -54; Pg. 11, lines 37.48, lines 52.53, lines I 54.56, tines 57.58; Pg. 12, lines 3037; Pg. 13, lines 22.38. Vehicle and fuel excise tax revenue dedicated to public transit 5/10 Uinkem vetoes include: Pg. 7, lines 18.28, lines 34.36; Pg. 8, Gres 1.2. 642 Farm disaster relief 5/10 Line -item vetoes include: Pg. 16, tines 24.36; Pg. 17, lines 1 -25, fines 32.36; Pg. 18, lines 1.10, lines 24 -29, Imes s. 35.36; Pg. 19, lines 1.7, lines 25.36; Pg. 20, lines 1.7, lines 20.25; Pg. 22, lines 19.23. May 13,199A / SESSION WEEKLY 39 Arne Carlson .. . Governor continues veto 25 and h oldin g eto a e p Omnibus appropriations bill; While signing into law much of a supple- t [Tli mental state budget bill, Gov. Arne Carlson line -item vetoed about $5 million worth of projects, leaving total spending at about $30.7 ' million. The bill incorporates three legislative _ supplemental budget measures in the areas of environment and natural resources, state government finance, and economic develop - ment, infrastructure, and transportation. The House and Senate passed a $35.7 million compromise supplemental budget bill lvtav 5. The House voted 117 to 16 and the Senate voted 49 to 14. The governor signed the bill May 10.� � The following is a listing of the line -item vetoes by general section of the 168 -page bill State agency heads and commissioners pored over stacks of bills in Gov. Arne Carlson's reception room, (HF3215/SF2913 */CH632). which he turned into the "Veto Command Center," May 5. The governor has either completely vetoed or line -item vetoed 25 bills so far this session. He has only four bills left to consider. Environment and natural resources Eri ironmental Quality Board for activities state agencies. Carlson used his line -item A total of S3 million slotted for en•iron- related to sustainable development; veto authority to make 5471,000 in cuts, ment and natural resource projects was line- • S250,000 for a grant to the Northern Coun- leaving the departments with S 17.7 million item vetoed from the bill. ties Land Use Planning Board to help some in additional funding for fiscal years 1994 The biggest environmental funding casu- northern counties undergo a joint devel- and 1995. alty was $1.5 million the state would have opment effort; The House - Senate compromise bill autho- given local governments to make up for the • S70,000 to the Office of Waste Manage- ri<ed S18,2 million for the select state agen- property tat money they can' collect from ment to conduct its annual solid waste cies before the governors cuts. The line -item land owned by the Department of Natural composition study; and vetoes include: Resources. • S 50,000 to the Environmental Quality Board • S20,000 to set up a public employees Other environmental projects Carlson ye- for groundwater protection coordination insurance task force to study whether pub - toed include: activities. lic employees could form a health coopera- • S270,000 for the operation of state parks. The governor also vetoed a provision that tiye to purchase hospital, dental, and medi- The veto, some say, will result in a reduced would have doubled the limit on what the cal insurance; level of services at parks; state is allowed to pay ethanol producers. • S50,000to study the feasibilityofsettingup • S200,000 for a study of the costs of gener- Currently, the state pays ethanol producers a Minnesota police officers stress program. progr would have provided treat- o v ating electricity in the state; 20 cents a gallon to help stimulate and en- A p a • S 130,000 to find ways to protect the quality courage ethanol production; the program ment for police officers suffering frompost- of the states groundwater; can spend up to S 10 million a year from the traumatic stress syndrome. It also would • $90,000 for field resource ecologists needed general fund. The vetoed provision would have referred officers to professionals who for a county biological survey; have allowed the state to pay out S20 million could help them with stress - related prob- e 587,000 for increased activity in forest and a year. Although the program cost only S4.5 lems, prairie ecology studies; million last year, two new ethanol plants are • S 150,000 to the state Environmental Qual- • 575,000 for a grant to be used to plan and being built, and the state Department of ity Board to find a way to include the begin restoration of oak forest areas in St. ,agriculture is expecting several more in the University of Minnesota heating system in Paul's Mounds and Battle Creek parks; next few years. a thermal network with other area heating • $50,000 for a farm safety program to edu- systems. The university is considering cate farmers regarding equipment and other State government building its own heating facility. The bill farm activity safety practices; A study for a possible police officer stress wanted to study whether the university - _ y money and provide the same • 50,000 for a grant to the Southwest Re program, a voter information hot line and could sae p gional Development Commission to pay special money for expert witnesses were all quality heat by hooking up with an exi r for the planning of the Lewis and Clark line -item vetoed from the state government ing facility; Water system in southwest Minnesota; section of the supplemental budget bill. • S10, 000to the Environmental Quality Board • 75 000 for completion of the fishing pier The rogams were to be art of the money to study the issue of environmental justice. Sig P by p b p - on the Mississippi River in South St. Paul; spent on the departments of finance, admin- Environmental justice means ensuring mi- • A 5150,000 transfer from the DNR to the istration , employee relations and a few smaller nority groups and their neighborhoods aren't unfairly discriminated against in the study the state's pa %vnbroker industry. administration's crime proposal I have re- placement of potential environmental haz- Sen. Gene Merriam (DFL -Coon Rapids) ceived a bill which is too expensive and is soft ards, such as landfills and power plants. sponsored the bill in the Senate. Rep. Loren on repeat offenders." � he study would have looked into ways Solberg (DFL- Bovey) sponsored it in the Here's a rundown on the vetoed provi- e EQB can address the problem in the House. sions: future; HF3215/SF2913 */CH632 • $1 million for a "productive day program" • $80,000 to the Office of the Secretary of in Hennepin, Ramsey and St Louis coun- State for a voter information telephone line ties designed to motivate inmates in local to give Minnesotans information on voter Flood relief jails to develop life and work skills. The registration. The toll -free telephone line Gov. Arne Carlson May 10 signed into law goal is to provide training and education to would have allowed Minnesotans from a flood relief bill designed to help Minnesota's create opportunities for inmates upon their outside the metropolitan area to call free g P release; farmers recover from last spring's floods but for voter registration numbers; and not before cutting its funding provisions in • $400,000 for two "work and learn" centers • $161,000 to the Office of the Attorney half. designed to help 14- to 19- year -olds with - General to train state employees who re- The measure now will provide only $9 out a high school diploma. To be eligible, view software and other "intellectual prop- million in aid — down from S 18 million — the juveniles must be delinquent, or re- erty" developed by state agencies to make (erred from a county social services agency. as a result of the governor's several line -item sure it doesn't violate copyright laws and is vetoes. One site was to be in a school setting, the properly licensed. Italsowould have helped The largest of those was a $5 million inter- other at a wilderness site; the agencies properly license and copy- est buy -down program that would have $200,000 in grants to local law enforce - right their intellectual software. helped secure loans for farmers and small ment agencies to develop three truancy businesses hit hardest by the floods. Under service centers; Community development funds the program, the state would have paid a • $200,000 for the creation of a witness and ictim More than $2.3 million will be spent on v rotection fund; community development projects as out- Portion of the interest on a loan for a qualify- P $170,000 to reimburse local law enforce - lined in anew state supplemental budget bill. ing farmer or small business. ment agencies for costs incurred conduct - The bill sent to the governor had called for The governor noted that many farmers and small businesses already have secured o ing background checks: n m o projects, but the goy error P er- line-item vetoed nearly 500,000 worth, la- gun loans. He also noted that the Federal 52.8 milli � g S 100,000 for the remote electronic alcohol _ _ b g g , monitoring p ilot ro ram. ovemment al a P P g ling them g a ready has picked up much of a as non -emer encies. a arl w the tab for damages caused by lastspring s $100,000 in mini - grants for programs that son rote ' ° to his ve message g that he floods. work with juvenile female offenders; W so `because of the need for a balanced bud He also vetoed another S2 million that • $100,000 in start-up money for the crime get." information reward would have gone to the Departme _ d fund; Community � a of Eco de ment ro�ects veto > P P v etoed J , , 5100 000 for intervention r nomic Security (formerly the D projects to work include: } � e e anment of c ude: P with students at ri • g Jobs and Training) for emergence job train- r isk of failing in school tw g rants totaling $215,000 to the Depart- ° ° g in and creation rograms, as well as a few because of chronic ne at home; ment of Economic Security (formerly the g P ° • $56,000 for a grant to the Region Nine other smaller appropriations. Department of jobs and Training). The Development Commission for g to one to the First, for $165,000, would have Rep. Steve �ti enzel (DFL- Little Falls) spon- g sored the flood relief legislation in the House community -based intervention and pre - departments displaced homemaker pro- and Sen. joe Bertram (DFL -Pa} nesville) did vention projects; gram, which works with private organiza- $50,000 for the activities of a statewide tions to assist displaced homemakers with so in the Senate. (See related story in the Agriculture section.) youth safety initiative coordinated by the counseling, job training, and help in con- HF2249/SF2168 */CH642 Minnesota student safety program; netting with social ser ice agencies. The • $50,000 for community -based truancy ac- second, for 550,000, would have gone to tion projects; a department program that helps some • $50,000 for male re and father - Omnibus crime bill businesses pay for their employees' mental ing program grants; health services; The governor signed a $34 million crime • 550,000 for the Bureau of Criminal Appre- • S 130,000 for various Minnesota Historical prevention bill May 10, but exercised his hension to establish and maintain a dis- Society projects, including $60,000 for the line -item veto authority to strip 52.7 million tinctive physical mark, or tattoo computer development of the St. Anthony Falls area in funds allocated for 17 different programs. library identification system; in Minneapolis, and $35,000 to acquire "This bill is $6 million over our crime • $40,000 for the gang resistance education andrestore anAmerican Indianchert (flint) spending targets for fiscal year 1995....The training pilot program; quarry in Mower County near Austin; Legislature saw fit ... to get into an irrespon- • 525,000 for a grant to the Nett Lake com- • S115,000 to the city of 'Minneapolis to sible bidding war on the crime issue, forcing munity crime and drug prevention pro - improve the Hennepin Center for the Arts; me to exercise the item veto to trim spend- gram; and 40 5,000 for a study to assess the status of ing," Carlson wrote in his veto message. $10,000 for a violence prevention stud omen -owned businesses in the state, in- While noting the bill "does contain worth- conducted by the chemical abuse and vio- eluding their financial health and their while provisions," Carlson said he was disap- lence prevention council. ability to get business loans; and pointed with the work of the Legislature. HF2351 * /SFnone/CH636 • 58,000 to the Department of Commerce to "Five months after laying out this May 13, l 994 / SESSION WEEKLY Al Juvenile crime bill their parents and other adults to polling been signed by the governor, it would have places, Jaros said. clarified the question for future at will ern The House failed two attempts May 6 to Minors would have cast ballots in a simu- ployees only. Of keep alive portions of the 1994 juvenile crime lated election when their parents and other "The measure is unnecessary," Carlson bill that were line -item vetoed by Gov. Ame adults went to the polls to cast real ballots on wrote. "The Department of Employee Rela- Carlson the previous day. election day. Jaros said similar projects are tions already interprets the whistle- blower Before signing the $13.9 million measure now under way in 20 other states; Arizona's statutes in this fashion. Minnesota case law into law May 5, Carlson used his line -item program has been operating since 1988. (See already extends these protections to at will veto powers to eliminate nearly $4 million March 31, 1994, Session Weekly, page 6.) • employees." from the bill. In his veto message, Carlson said the goal HF2007 */SF2285/CH492 The governor cut three major appropria- of teaching students about elections is "laud - tions that lawmakers sav would have helped able." However, he objected to granting the the juvenile justice system handle the in- Secretary of State "sole authority to develop Minimum wage crease workload resulting from new provi- this program without ... guidelines, or any people flipping burgers and others who sions in the bill: $372,000 for four additional guarantee of political neutrality." work for minimum wage won't see astate- judgeships, $1 million to hire more proba- Carlson charged that the simulated elec- mandated pay raise in the near future. tion officers, and $2.6 million set aside for tions could become a "partisan tool rather Gov. Arne Carlson May a vetoed a bill more public defenders. than an educational aide." He also said that d have required a 40 -cent per hour Although Carlson said the bill was good the lack of "clearly - defined guidelines" for increase that would the minimum wage beginning policy, he said the state also has to live within the program could cause "considerable chaos Jan. 1, 1995, for large businesses. And begin - its means. at polling places which, in many cases, are ning Jan. 1, 1996, those wages would have The legislation represents "one of the most already confused and overcrowded." si risen by another 35 cents to $5 an hour. The gnificant achievements of the 1994 session Secretary of State Joan Growe said she current minimum wage is $4.25 an hour. and should go far in addressing our troubling could see "no reason that this bill should have juvenile crime rates, said Carlson in his veto For small businesses, the bill would have J " been vetoed." increased wages to S4.40 in 1995 and 54.75 message. But "due to the Legislature's lack of She said the program would have encour- in 1996. financial planning and the need for a healthy aged young people to participate in citizen- In his veto message, Carlson said a higher and balanced budget, I was forced to item ship. "This is a particularly good program minimum wage would have meant few veto three provisions of spending in this because students participate with their par- minimum -wage jobs in the state. measure." ents." Rep. Wes Skoglund (DFL - Mpls), who spon- Sen. Sam Solon (DFL- Duluth) sponsored . believe it would cause the loss approximately 5,500 to 6,000 jobs in the Bored the juvenile crime bill in the House, the bill in the Senate state," wrote the governor. "If we were to sign attempted first to reinstate the S1 million HF3004 /SF2011 * /CH608 that bill, that would place us in the third - appropriation that would have paid for more probation officers in the juvenile justice sys- highest position in the United States and tem. Whistle- blower bill would again reduce our capacity to effec- "It s absolutely essential, for those kids eve tively compete in the area of jobs and job can turn around, that we [hire more] proba- Rep. Mike Delmont (DFt- Lexington) growth." doesri t mind a bit that Gov. Arne Carlson If the bill had become law, Minnesota's tion officers," Skoglund said. Aril 22 vetoed his bill aimed at clarifying the The motion to override failed by a vote of p b minimum wage would have been higher than current whistle- blower law. He said the veto the federal rate of $4.25 per hour. Currently, 87 -45. To override a gubernatorial veto takes message was actually more helpful than the C, y p eight states and the District of Columbia pay two - thirds vote in both bodies: 90 in the law change. more. Iowa pays its workers at least $4.65 an House; 45 in the Senate. The whistle - blower law is designed to pro- hour. After the first failed override attempt, Sko- tect employees who refuse to violate state law glund said he wanted to try "one more time," The House approved the bill by a 74 -58 from being harassed by their employers. vote; the Senate, 37 - 29_ and proposed the House reinstate appropria- Delmont said he sponsored the bill to The vetoed bill also called for $117,000 to tions for added public defense spending. make sure certain employees are indeed cov- be appropriated from the general fund to the The second motion failed 85 -47. ered by Minnesota's whistle- blower law. An Department of Human Services to pay for HF2074 */1845/CH576 attorney for a public agency had asserted that increased Medical Assistance (MA) grants for the whistle - blower law did not apply to "at nursing home, home health workers, and Election Practice will employees," defined as those who serve others who work in the human services field: at the pleasure of their appointing authority. The fund's money .would have hiked MA A bill that would have allowed minors to Some state government employees fit into reimbursement rates to bring wages up to the cast a mock ballot in the upcoming Novem- this category. proposed new minimum wage levels. ber election in selected cities and counties In his message to House and Senate lead - The bill was sponsored by Rep. TOO was vetoed by Gov. Arne Carlson May 9. ers, Carlson said he vetoed the bill because at Rukavina (DFL - Virginia) and Sen. Rand, The measure was desi to educate chil- will employees are already covered under Kelly (DFL -St. Paul). dren about the election process and increase existing law. HF2243/SF1944 */CH621 adult voter turnout, according to Rep. Mike Delmont explained that means that both Jaros (DFL- Duluth), House sponsor of the past and future at will employees are covered bill. The idea was that children would bring by the state's whistle- blower law. Had his bill Status quo on environment In the Caribou Lake lot sale, another bid- "The study is due in January 1995 and I der entered the auction and substantially bid believe it would be premature to sign legisla- Despite an attempted override vote, a gov- up the price. The Minnesota couple finally tion in this area without the benefit of those or veto of a new state agency to help won the bidding war, but ended up paying recommendations," Carlson said. nnesota businesses and local governments $40,000 over the appraised value of the land also noted that the bill would cost comply with environmental laws stands. The couple complained that their com- a "significant" amount of money to imple- The House effort May 2 to reverse Gov. petitor in the land auction was from Texas, men[ in future years, and was best dealt with Arne Carlson's veto failed on a vote of 89 to and, therefore, an illegitimate participant in during a regular budget year. 45. To override a gubernatorial veto, a mea- the process, and brought their case to the Sen. Ember Reichgott Junge (DFL -New sure must be approved by a two- thirds ma- Legislature. The bill would have voided their Hope) sponsored the Senate companion to jority in each body; 90 votes in the House and purchase and required the DNR to "re -offer the bill. 45 in the Senate. the property at public sale under the same HF1918 */SF2496/CH593 The bill (HF2920), sponsored in the House procedures that applied to the original sale." by Rep. Dee Long (DFL- Mpls), would have The veto message from the governor said re- established the Office of Waste Mana e- County auditors, treasurers g that it would be a violation of the DNR's ment (OWlvi) as the Office of Environmental "fiduciary responsibility to the school trust to Gov. Arne Carlson May 6 vetoed a law that Assistance (OF--k). The new office would have cancel the valid sale and relinquish its claim would have allowed county boards to ap- provided information about pollution pre- against the high bidders." point county auditors, treasurers, coroners, vention and resource conservation, as well as Carlson said the bill would "establish a and recorders. technical and financial assistance to busi- dangerous precedent" affecting future state Currently-, employees can be appointed to nesses and local governments about waste sales of mineral, timber, and land. He quoted those positions, but only ifvoters approve the management programs. a provision in the state constitution that move in a referendum. In creating the OEA as a separate advisory prohibits granting "to any private corpora- The bill would have allowed the county agency, the bill would have left the Minne- tion, association, or individual any special or board to appoint someone to one of those sota Pollution Control Agency (MPCA) in exclusive privilege, immunity or franchise." positions without a referendum vote, but charge of environmental regulation and en- The vetoed bill was sponsored by Rep. only if the vacancy came up before March 1 forcement of laws. David Battaglia (DFL -Two Harbors) and Sen. in the year before an election for the office Carlson said he vetoed the bill because it Doug Johnson (DFL- Cook). would be held. separatedanagency— theMPCA —that had HF2925 * /SF2608 /CH555 And the county board would have had to k een streamlined to eliminate duplication of publish three times its intention to appoint W ices. I someone to the position in the local newspa- n addition. Carlson said the bill would One -stop shopping per. have prohibited the executive branch from In his veto message, Carlson said the bill using its reorganization powers on the newly A bill to help provide one -stop shopping would have "transferred authority from the ill created agency. for prospective business owners w not be- voters to elected county board members." "This clearly is an infringement on execu_ come law this year. The Senate approved the bill April 14 by a tive branch powers by the legislative branch Although the measure to consolidate the 35 -to -31 vote. The House approved it May 4, of government and is not acceptable," said business licensing process passed the House 69 to 65. Rep. Mary Jo McGuire (DFL- Falcon Carlson. by a vote of 121 -12 and was unanimously Heights, sponsored the bill in the House. The original bill passed the House 100 to approved in the Senate, Gov. Arne Carlson Sen. Sandra Pappas (DFL -St. Paul) spon- 32 and the Senate 58 to 7. The Senate did not vetoed the bill May 9, saying it was too soon sore.d the bill in the Senate. attempt to override the veto. to put the proposal into law. HF2645/SF2232 * /CH609 (HF2920 */SF2523/CH544) The bill would have required the state's Bureau of Business Licenses — an arm of the Department of Trade and Economic Devel- Health and human services Lake Caribou lot sale opment (DTED)— to process all applications and accept .fees for the different types of Goy. Arne Carlson May 9 vetoed a $22 A bill calling on the Department of Natural million health and human services supple - Resources(DNR)to void thesale of a lakeshore business licenses. Currently, the bureau only provides pro- os mental appropriations bill that would have lot in Cook County was vetoed by Gov. �4me reinstated state aid to hospitals that was cut Carlson May 5. `spective business owners with information p last year. about licenses and how to secure them. The Caribou Lake lot was offered for sate The 1993 Legislature directed that nearly on Aug. 16, 1993, and sold at auction to a Although the bill, sponsored in the House y Rep. Geri Evans {DFL -New Brighton), did S 14 million in state Medical Assistance and Minnesota couple who b - had built a cabin on General Assistance Medical Care funds be cut the lot they had been leasing from the DNR. not allocate any money, toward the licensing system, it called on DTED to study the feasi- as of July 1994. That meant hospitals would Under a 1986 law, the DNR is allowed to receive less state help for caring. for poor t any of its 1,800 leased lakeshore lots, if' bility of an`interlinking computer system to coordinate all the different agencies that grant Patients. The vetoed bill would have rein - person leasing a lot requests that a sale be stated 80 percent of that cut, or about S 11 ' Pon ducted. Because the lots are part of state various types of business licenses. million. school trust fund lands, the Minnesota Con- In his veto.message, the governor said a stitution requires that these sales be adver- 1993 executive order required DTED to con- The bill, which won overwhelming sup - tised and open to bidders, duct a feasibility study of improvements in pott in both the House and Senate, also business licensing. included $8 million for subsidized day care May 13, 1994 / SESSION WEEKLY 43 and $400,000 to pay for lead clean -up pro- The bill also would have allowed the health general to workwith the Department of Healt grams. care program to go ahead with enrolling to increase Minnesota's Medicare reimburs In his veto message, Carlson said the bill single adults and those without children even ment rate. would cost too much money and could result if expenses exceed revenues through fiscal Carlson wrote that the commissioners of in a tax increase. year 1997. The added provision would have the departments of health and human ser- "This bill does contain a number of good allowed the departments of health and hu- vices already are working toward the same proposals, some of which were proposed by man services more time to develop a goal, and they "do not feel the assistance of myself and others.... Unfortunately, the bill MinnesotaCare balanced budget plan. the attorney general is needed." (See related also contains an unacceptable level of over- HF2951 */SF2494/CH597 story in the Health section.) spending," Carlson wrote. HF2525/SF2192 */CH625 The House passed the bill 105 to 28; the MinnesotaCare access fund transfer Senate passed it 50 to 14. The bill was spon- Government health care sored by Rep. Lee Greenfield (DFL -Mpls) in Gov. Arne Carlson signed into law a bill the House. promising universal health coverage for all Gov. Arne Carlson May 2 vetoed a bill that HF3210 * /SFNone/CH606 uninsured Minnesotans by July 1, 1997, with would have spent S65,000 to study whether the exception of two appropriations. the state could save money with a single - MinnesotaCare reserve account The first provision vetoed would have trans- payer health care system. [erred 515 million from the health care access Under a single -payer system, the state gov- Gov. Arne Carlson May 9 vetoed a S75 fund to the general fund. emment takes over the payment of all health million reserve account for MinnesotaCare, The transfer is done to supplement fund- care services or authorizes one outside insur- the state health care plan for uninsured Min- ing for the Medical Assistance (MA) and ance company, acting somewhat like a public nesotans. General Assistance Medical Care (GAIvMC) utility, to handle all the claims. The bill would have taken the money from programs. When Minnesotans apply for Currently, many different private insur- the state's general fund this year, so more \MinnesotaCare, it is often discovered that ance companies and health care groups pay people could become insured while lawmak- they qualify for %Lk or GAMC. claims filed by patients, clinics, doctor, and ers devise a better payment plan. Specifically, The MinnesotaCare law also calls for a others. the money would have been used to enroll reassessment of funding for the The bill would have asked the Office of the adults without children in the insurance plan. MinnesotaCare program, leading Carlson to Legislative Auditor to study whether the St It would have used the S75 million to write: "I feel it is prudent to hold of[ on could save money with a single -payer syste continue the work toward the goal of univer- changes to the previously mentioned funds and how access and the quality of health care sal access to health care by July 1, 1997. The until the entire package of expenditures and would be affected. Administrative costs would bill, sponsored by Rep. Tom Rukavina (DFL- funds is reassessed during the 1995 legisla- have been analyzed, including revenues re Virginia), was intended as a stopgap measure Live session." ceived versus claims paid, and billing costs until the 1995 Legislature could adopt anew, In his second MinnesotaCare veto, Carlson for Minnesota health care providers. permanent way to pay for the MinnesotaCare wrote that a $200,000 appropriation to the Carlson, dubbing the legislation unneces- program. Sen. Doug Johnson (DFL -Cook) Office of the Attorney General was "unneces- sary, said: "The Minnesota Health Care Com- sponsored the bill in the Senate. (See April sary." mission is currently working on a study on 22, 1994, Session Weekly, pages 8 -9.) The funds were to be used by the attorney financing universal access to health care, and "While this is a laudable goal, we simply do not have the money available to create such a fund, nor do we have a revenue source iden- tified to maintain this fund," wrote Carlson in Y Y . his veto message.I fix, A 2 percent tax on the gross revenues from all the state's health care providers, hospitals, pharmacies, and wholesale drug distributors now pays for MinnesotaCare. The tax is con- troversial and not well liked in health care t circles. Some lawmakers also acknowledge the tax is difficult to collect from the state's_ numerous health care providers and clinics. The bill would have given the departments of health and human services an extra year to develop a plan to make sure MinnesotaCare expenses do not exceed revenues from the 2 percent health care providers tax. The de- partments would have had until February 1995, and the balanced budget plan would have included ways to adjust or limit who receives health care benefits and what kind o[ Spouses who each hold more than 51.2 million in assets will be able to create a postnuptial contract defining property matters, under a new law signed by the governor May 2. (HF1788•/ benefits are offered under MinnesotaCare. CF1997 /Cx545) the United States General Accounting Office The House passed the bill 112 -22 and the housing evenly distributed throughout the has already completed a study on this sub- Senate passed it 65 -0. seven - county metropolitan area rather than . 11 Win 000 t In his veto message, Carlson said this wasn't concentrated in Minneapolis and St. Paul. owever, a provision in SF2192, the 1994 the year for granting state aid to higher edu- The bill called for the Metropolitan Coun- , law, provides $65 p o fund cation institutions. In fact, he had requested cil to allocate affordable housing in the met- the same study. $10 million in cuts, House Minority Leader ropolitan area based on a formula that deter - The bill was sponsored in the House by Steve Sviggum (IR- Kenvon) told fellow law- mines each city's current proportion of such Rep. Tom Rukavina (DFL- Virginia) and in makers during House debate on the bill. housing. The council also would have looked the Senate by Sen. Linda Berglin (DFL - Mpls). "It is the year for choosing whether we can at the number of jobs available in a commu_- (See April 29, 1994, Session Weekly, pages preserve the fiscal stability of the state," Carl- nity and other factors when setting low- _ g 10 11 . ) son wrote in his message. i income g oals. HF2048/SF1867 * /CH g e housin 540 g ° The governor's veto eliminates the follow- I g e ollow Although the compromise bill would not ing appropriations: have penalized cities that didn't comply with Medication bill • $9.1 million to the Universityof Minnesota. Metropolitan Council suggestions, earlier Part of that money would have been used versions would have penalized those that did Gov. Arne Carlson vetoed a bill April 21 to begin a program to allow students to not change their zoning laws to allow more that would have allowed the guardians of register for classes by phone. The money low- and moderate- income housing. Some of people who are mentally ill to give doctors —which the university requested as part the penalties considered included losing some permission to use certain kinds of medica- of its "U2000" plan — would have been state aid or being denied permission to in- tion when treating them. used to improve libraries and laboratory crease municipal sewer services. In rejecting the bill, which was unani- equipment, and to better maintain class- Although the penaltieswere dropped from mously approved in both the House and rooms; the bill sent to the governor, Carlson suo Senate, Carlson said he had been prepared to • $3 million to the Department of Finance to gested the passage of the bill would open the support the measure — until a certain provi- develop an accounting system for the 1995 door for Orfield or other lawmakers to try to sion was attached to the bill on the House merged higher educationsystem.Thestate's institute penalties in future years. floor. It requires a court hearing community q g before a commune college, technical college, and The bill Carlson 7 g on maintained e ventually a g ' g uardian could give permission. state university systems are to be merged could have enalLed commun that I merged did n ' t Carlson said the court hearings would under the newly created Higher Education meet the _ y council's quota for low-income come hoe_ q "create enormous legal costs for the state and Board m July 1995. Carlson did approve � " 1 Y pp in Penalties are inappropriate, as are un- ounties," as well as for guardians. He said language in the bill allowing the merger to necessary legislative mandates such as this," Ore are at least 11,000 eo le o p p n Medical go forward, he w=rote. Assistance living in nursing homes or inter- • $758,000 b 00 to Metropolitan State Universit his veto mess Carlson also said the mediate care facilities for whom " P y neurole tic" to strengthen academic g mtc tour P b se offerin Metropolitan Council is `already in the pro - medication is typically prescribed. and to develop a more coin rehensive cess of conducting an affordabl „ P b e housin b The term '`neurole tic describes -se se eral g four-year roram at the y p rogram school, which is survey." powerful tranquilizers Y utlirers P q commonly used to located on several small Twin Cities cam- Furthermore, Carlson said the bill would treat psychosis. They also are called pules; have required the Metropolitan Council to "anti s chotic" medications. _ P Y ons. 24 5 2,000 to better prepare teachers to ask for low- income hous P P m communities "The intent of the bill was to grant the work in inner -city schools; and without a great deal of such housing, rather g uardians and conservators the authorit to y 3800,000 for added campus secunty at than in communities where the jobs are_ consent to the administration of neuroleptic state universities. (See related story in the Orfield has said he specifically designed medications to mentally ill persons," wrote y p to Htgher Education section.) his bill this year with a requirement that the the governor. "The last - minute amendment HF3178/SF2900 */CH532 Metropolitan Council look at the number of imposes the requirement of a court hearing jobs in a city when calculating how much for this consent to be valid.." ' affordable housing should go there. Carlson said if lawmakers had removed the Affordable housing in burbs Sen. Steven Novak (DFL -New Brighton) last- minute language requiring the court hear- Gov. Arne Carlson vetoed a bill May 9 that sponsored the Senate companion bill. ing, which was offered by House bill sponsor would have urged cities and towns in the HF2171 */SF1991/CH594 k Rep. Andy Dawkins (DFL -St. Paul), he would seven - county metropolitan area to make room "certainly sign the bill into law." for low- income housing HF2088/SF1694 * /CH481 In his veto message, Carlson said the bill was largely similar to a bill he vetoed last year. Higher education Both bills were sponsored by Rep. Myron Orfield (DFL- Mpls). Gov. Arne Carlson Mav 5 line -item vetoed But Orfield has said he specifically de- appropriation in the higher education signed his bill this year to appease the elemental budget bill that contributed to governor's objections from last year. the call for an additional $11.3 million in The House approved the House - Senate ti spending for the state's public colleges and compromise May 3 by a 79 -54 vote. The universities during the remainder of fiscal Senate approved it May 2 with a 34 -32 vote. y year 1994 and in fiscal year 1995. Orfield said he wanted to see low- income Mnv 1.1 1 OOA / ZCQCInK1 %. /CCV1 V A c Sprinklers for high-rises park resident who is moving to another site Carruthers said he sponsored the bill after within the park. learning of a constituent who taught in a A bill that would have required high -rise It passed the House 98 -33 and the Senate school district represented in bargaining by buildings to be equipped with sprinkler sys- 61 -0. the Minnesota Education Association (MEA), tems was vetoed by Gov. Arne Carlson May 9. 1 Sen. Jane Krentz (I)FL-May Township) one of two state teachers unions. The con- In his veto message, Carlson said requiring sponsored the Senate legislation. stituent belonged to a different teachers' union sprinkler systems would "impose a huge cost HF1919 */SF1984/CH599 and wanted to take an unpaid leave to work on cities and would make publicly assisted on his union business. housing even more difficult to provide." But because the constituent did not belong The bill, sponsored in the House by Re No mobile home pefis to the same union that represented his dis- Bob Johnson (DFL- Bemidji) and in the Sen- A House bill that would require mobile trict, he was denied a leave of absence. An ate by Sen. Carl Kroening (DFL - Mpls), would MEA member, however, can take an unpaid home park owners to allow senior citizens to have required most buildings over 74 feet keep pets would "unreasonably infringe" on leave of absence to work on union business in high and not equipped with sprinkler sys- f ark owners according to Gov. that district. the rights o g P ° e n his veto message, Carlson said the bill Arne Carlson, who vetoed the bill May I g terns to have the systems installed within the 2. ' next 15 years. Carlson wrote in his veto message that was an "umvarranted widening" of existing The bill asked the House 98 to 33 and the f senior practice and would impose "an undue bur -_ P although he supports the right o � PP and Senate 53 to 11. the state must den on public employers of all types citizens to own and enjoy p ets 1 when the state Legis- " levels in Minnesota." "I am uncomfortab � seniors and other 1 o be respectful of those se i as re involves itself in matters which are best P t He said if there is a general problem with tarts residents who have chosen to live in et- ...res P ha ndled on a local level," said Carlson. I the law , it is not widely known. free environments, bill seeks re - remain committed to safety in all buildings If, on the ocher hand, this The vetoed bill would have permitted any- dress of the frustration of a limited number of but we must not mandate costs without con- one 62 years old or older and living in a sidering how they will be paid." mobile home park to own a dog, cat, or bird. Persons, perhaps even a single individual, The measure would have only affected that is an example of legislative micro -man- The bill also would have allowed park own - older commercial and apartment buildings. ers to set "reasonable rules" regarding the agement that disappoints the general pub - Since 1974, state law has required newly lic," Carlson wrote. care and maintenance of the pet. HF2228/SF0844 */CH381 constructed high -rise buildings to be Senior citizens. especially those who have equipped with sprinkler systems. In addi- lost their spouses, should not be denied the tion, a section of the bill exempted buildings companionship these pets can offer, said Pension buy - back that are 70 percent owner - occupied, which Rep. Richard Jefferson (DFL- lvlpls), sponsor would have excused most condominiums of the House bill. (See March 25, 1994, Gov. Arne Carlson vetoed a bill May 5 tha from the mandate. Session lVeehly, page 13, and April 8, 1994, would have allowed some teachers to boos HF * Session Weekly, page 11.) their pension funds by giving them credit for Sen. Paula Hanson (DFL -Ham Lake) spon- time they spent teaching outside Minnesota. Mobile home evacuation plans sored the legislation in the Senate. Under current public pension law, teach - HF2135 */SF1698/CH543 ers and others are, under specific circum- Studying the emergency evacuation plans stances, authorized to "buy back" credit ro- of the state's mobile home parks would put Unpaid leaves for union members ward their pension accounts. The buyback is too much strain on the budgets of the agen- a lumpsumemployeepay ment— withinter cies asked to do the study, according to a May Gov. Arne Carlson issued his first veto of est — to cover pension contributions for a 9 veto message from Gov. Arne Carlson. the 1994 Legislative Session March 28 when period of time when the employee did not The vetoed bill proposed that the depart- he rejected a bill that would have allowed make pension contributions. In such cases, ments of health, public safety, and adminis- unpaidleaves of absence to some union mem- the employer t hen makes a lump -sum contn- tration gather information on all licensed bers employed a public bodies. bution to the employee's pension fund as mobile home parks in the state with more Undercurrent law, designated union mem- well. than 50 homes. bers are allowed to take an unpaid leave from Under the bill, teachers within the Minne- Had the bill become law, the agencies work�vhenconductingbusinessfortheunion apolis School District contributing to the would have had to report to the Legislature that represents workers in the office from Minneapolis Teachers Retirement Fund As- byJan. 10, 1995, on the status of emergency which the leave is taken. sociation would have been allowed to buy shelters in these parks and any evacuation The measure, sponsored by Rep. Phil Car- back pension service credits for prior teach - plans they had developed. ruthers (DFL - Brooklyn Center), would have ing experience outside the state of Minne- The bill contained no money for the agen- allowed other designated union members to sofa: ties to pay for the study. In his veto message, take unpaid time off — regardless of whether "This legislation has the potential to buy Carlson wrote that "budgets are strained and they would be conducting business for the back pension credits on the backs of the legislative demands on these agencies con- office from which the leave would be taken. taxpayer by an already financially strapped tinue to grow." Although this bill was vetoed, similar lan- school district," wrote Carlson in his veto The bill, sponsored in the House by Rep. gua was incorporated into the omnibus K- message. "The legislation sets the stage for the Geri Evans (DFL -New Brighton), also would 12 education finance bill (HF2189 */SF2206/ district to later request a subsidy from ID have prohibited mobile home park owners CH 647 Art. 8, Sec. 27), which the governor state." from charging an application fee to a current signed May 10. Carlson added that the legislation would 46 SESSION WEEKLY / May 13,199A create an exception for only one of many Interstate Highways 394 and 694 and an- MnDOT f un ding pension funds within the public system, other sound barrier project along State High - hich is neither good public policy, nor way 252 in Brooklyn Park. He also deleted a A new state law that will give the Minesota d precedent." - project to put traffic signals at an intersection Department of Transportation an additional The House approved the bill 124 to 5 and near a middle school in North Oaks. $15 million in fiscal years 1994 and 1995, the Senate approved it 55 to 2. Carlson said the projects would have cost but the governor line -item vetoed two appro- HF662/SF609*/CH569 the state more than $1 million. priations contained in the bill. Each of these projects, wrote Carlson in his The governor excised a $250,000 grant to Metro transportation projects veto letter, "represents a significant cost to the Minnesota Job Skills Partnership Board the state trunk highway fund, and none of and also cut a separate section of the bill that Gov. Arne Carlson May 10 line -item ve- which require funding in this non - budget would provided another $5.5 million in fund - toed four metropolitan -area construction year." ing to MnDOT. projects contained in an omnibus transporta- Rep. Tom Osthoff (DFL -St. Paul) spon- "Neither ... require funding in this non- tion bill snaking mostly technical changes in sored the House bill and Sen. Keith Langseth budget year," wrote the governor. state laws regulating transportation. (See re- (DFL- Glyndon) carried the Senate legisla- HF3230 */SF2097/CH640 lated story in the Transportation section.) tion. The governordeleted two separate projects HF3011 */SF2680/CH635 to erect sound barriers along portions of Three more House members step down (IR- Minnetonka) will After eight years at then Rep. Rick Krueger (DFL - leave one office to become ,- Legislature, Assistant Ma- Staples) has decided to X a candidate for another. jority Leader Katy Olson move from the public sec- Recently, he announced (DFL - Sherburn) has de- for to the private sector. that he will not seek a 12th tided to step down. „ After 12 years at the Leg - legislativetermandinstead Olson said she waited to ,, islature Krueger recently i Krueger will a 1 t for r a spot on the announce ounce h r e retirement announced that he will not Rep. Jerry Hennepin County Board of Rep. Katy Olson until the session had ended Rep. Rick Krueger seek a seventh term. Knickerbocker Commissioners. because she didn't want to Instead, he is starting a Knickerbocker, who has endanger two local projects that were still new job as the president of Minnesota High served in the Legislature for 22 years, said he pending. Techn P g olo � Council and looks forurard believes his • Technology to extensive experience will be an "I wanted to make sure they g spending e t e} b ot through b more time with his «rife, Diane, and asset on the county board. before I said anything to anyone," she said. three children, ages 6, 9, and 13. "The opportunity to apply my experience Throughout her tenure at the Legislature, Krueger has chaired the State Government and skills to a different level of government, Olson has been known as a champion of Finance Division of the Governmental Op- one that provides greater hands -on involve- farmers. This session, she co- sponsored the erations and Gambling Committee for the ment and the opportunity to work hard to S 18 million flood relief bill, which Gov. Arne past two years. The committee funds several improve the quality of Hennepin County's Carlson signed after reducing it to $9 million. state agencies and programs. government is an exciting challenge," said But Olson's work on flood relief began well In that capacity, much of his energy has Knickerbocker. before this session. Last summer, Olson and been focused on technology issues. He also His accomplishments at the Legislature several others from the House rural caucus chaired the Rules and Legislative Administra- include working on major election law went to Washington, D.C., to lobby 26 offi- tion Committee's Telecommunications and changes, sponsoring several pieces of insur- cials for flood relief on the federal level. Technology Subcommittee, which was in the ance reform legislation, and sponsoring a bill Among her legislative achievements, Ol- process of making recommendation to House to better protect and maintain streams. son lists the Heron Learning Center Ecology leadership on computer issues. Bus and the expansion of Highway 60 from Windom to Worthington. Mov 13 199d / SFSgr)m wF9k1v Av Tracking the Bills .. . Fines: Action Editor's note: The following chart includes the Now t / s up tot the governor 274 bills (and one resolution) that passed both the House and the Senate and have been or will Exactly 2,702 bills were introduced this legislative session by the House be sent on to the governor for consideration, and the Senate. Of those, 274 bills (and one resolution) were passed by Final action is as yet incomplete on four of the bills. both bodies during the 1994 Session and sent to the governor. Here are definitions of some of the teems used So what happened to the other 2,428? Some were duplicates, some were in the chart. folded into other bills, but most are dead, gone from the legislative process Governor's Options: J unless they are re- introduced next year. The biennium has ended, and bills • enactment do not carry over from one biennium to the next. The date the governor signed the bill into law.? • line -item veto (liv) r. And the 274 (and one resolution) sent to the governor? The power or action of the governor to reject Once a bill has passed both the House and the Senate in identical form, individual items within an appropriations bill it's ready to be sent to the governor for consideration. The governor has while approving the rest of the bill. several options when considering a bill. The governor can: • Veto (v) The governor did not approve the bill. • sign the bill and it will become law; • veto the bill; An asterisk marks the version of the bill the House and Senate approved and sent on to the • line -item veto individual items within an appropriations bill; or governor. • do nothing, which at the end of the biennium results in a pocket veto. The timing of these actions is as important as the actions themselves. Effective Date: Each act takes effect at 12:01 a.m. on the day it If a bill was passed by the Legislature and presented to the governor becomes effective, unless the act specifies a P i before the final three days of the session, the bill will become law unless different time. Examples: the governor vetoes it by returning it to the Legislature within three days. • Aug. 1, 1994 The governor normally signs the bills and files them with the Secretary of Each act the governor signs into law, except those that make appropriations, take effect on State, but his Signature is not required. Aug. i following its final enactment, unless the But if a bill is passed during the last three days of the session, the act specifies a different date. • upon local approval (ula) governor has a longer time to act on it. He/she must sign and deposit it with A special taw requiring approval from the local the secretary of state within 14 days of adjournment or the bill will not government unit it affects becomes effective the become law. Inaction by the governor results in a "pocket veto," and the day after the local government units governing governor is not required to provide a reason for the veto. body files a certificate with the secretary of state, (i unless the act specifies a later date. Only on appropriations bills can the governor exercise the line -item veto • July 1, 1994 authority. This option allows the governor to eliminate the appropriation An appropriations act, or an act having appro- priations items, takes effect at the beginning of _ items to which he/she objects: As with all vetoes, the governor must the first day of July following its final enact - include a statement listing the reasons for the veto with the returned bill. ment, unless the act specifies a different date. Here, too, the timetable is either 14 days after adj ournment for bills passed • various dates (vd) Different parts of the act have different effective during the final three days of the session, or within three days after. the dates. governor receives the bill at any other time. • with exceptions (we) A two - thirds vote of the members in each house is needed to override a Act includes other effective dates. veto. But because only the governor can call a special session of the with qualifications (wq) Act adds conditions to the effective date. Legislature, anything vetoed after the Legislature is adjourns is history - • retroactive (r) b at least until next year. Act goes into effect as of a specified date in the After each session, a comprehensive summary of all bills that were Pcurrently unavailable (cu) signed into law or vetoed is published. You can get a copy by calling or The act is not yet in its final form therefore, an writing the House Public Information Office, 175 State Office Building, St. effective date cannot be cited at this time. Paul, MN 55155 -1298; (612) 296 -2146, 1- 800 -657 -3550. }, 1994 MINNESOTA LEGISLATURE FINAL ACTION (as of May 12, 1994) HF —House File v— vetoed vd— various dates Senate File liv —line item veto we —with exceptions c — Resolution lo-- pending governor's signature wq —with qualifications t— foomote f —filed with secretary of state ulo —upon local approval E °— o g--governor signed bill r— retroactive cu— currently unavailable 0 dae —day after enactment o a > HF Author SF Author Bill Tide V 0 p W AGRICULTURE 2080 Oehler 1975 Sams Food laws given uniform' 511 9 5/5 5/6 2132 Trimble 2072 Mondale Salvaged food labeling, licensing, other requirements 563 9 5/4 711 2248 Gutknecht 1999 Benson, D.D. Pesticide DosfinQ requirements than ed 482 9 4/21 4Z22 2249 Wenzel 2168 Bensons Farm disaster relief 642 liv 5/10 5/11 (Secs. 1, 2, 4.9,11 -42);7/l/93 retro. (Sea. 3,10) 2373 Olson, E. 2038 Slum Wheat and bade r ulations modified 452 q 4/18 4/19 2400 Mosel 1903 Bertram Rural Finance AAori authorized participation in restructu6ng loans 514 9 4125 4126 2493 aueo 2247 Sams Farm operation nuisance liability provisions modified 619 g 5/10 5 l 1 (Sec. 4); 8/1 2646 Olson, E. 2283 Moe Potato seed growing area expanded 422 g 4/13 4Z1 4 2885 Winter 1948 — Jerg Form limited liability companies provided 622 9 5 /10 S 11 (Sec. 6); 8/1 2891 Hu oson 2709 Ber Dai Pricing provisions modified 558 5 4 8 1 CAPITAL INVE5TMENT 218 Stanius 182 Johnson, D.E. Bonding bill for capital improvements and land ac uistion 643 COMMERCE & ECONOMIC DEVELOPMENT 1449 Losley 862 Price Motor vehicle dealers— licensed 500 4 22 8/1 1835 Tunheim 1755 Stuns Ontado-Minnesoto boundo water fishi resttictiorn 479 9 4/21 4/22 1918 Evans 2496 Reich ott June Business consolidated iirensing established 593 v 1 5/9 1923 Pedt 1911 Finn Filing requirements modified for corporations 438 9 4/15 — 8/1 1985 Rest 1786 Reichgott June Limited riability portnerships registered 539 a 4 29 7 1 2016 Asch 1847 Solon Mortgage payment services regulated 638 5 10 5Z11 t2035 M*Ulum 15 Oliver Buldin contractor re rerements clarified 40 4 4/11 vd 8 Solon Trusi r lti l -slate license definition 461 4 18 4/19 0 Lorson Commerce de rtment outfiori ex nded 385 3/31 4/1 10 91 Knutson Commerce de rtment data iven dosvfication 400 4 11 4/12 (Sec. 1); 8 1 (Sec. l ) 2415 3 Anderson Minnesota com nies clarified 397 4 8 l 2784 7 Samuelson Tide insurance companies— mortgages 441 9 4/15 8/1 2836 Bouefly 2425 Stevens Fireworks operators— certification requirements 405 9 4/11 8/1 2954 Johnson, A. 2255 Luther Farm liability insurance policies studied for pollution coverage 476 1 0 4/20 4Z21 3146 Asch 2519 Chandler Business re utotion injury rovided civil remedy 471 q 4/20 8 1 EDUCATION 664 GreiGn 614 Krentz Teacher retirement programs b shadnq incentives 521 a 4/28 _ 711 wq 1845 Rhodes 1693 Mondale School year storting date modified 392 9 4/6 8/1 2189 Vellengo 2206 Po emller Omnibus K -12 education finance bill 641 9 5/10 vd- 3178 Pelowski 2900 Stuns f Omnibus higher education appropriations bill 532 Tiv 5/5 8/1; 7 1 95 (Secs. 1-3, 7, 8,10,11) i ENVIRONMENT & NATURAL RESOURCES 859 Wolf 760 Price Natural resources oiffs, ocknowled ements, advertise 509 4/25 8/1 1186 Sekhon 1489 Wiener - (uteri nal ddori ed 412 a 4/11 8/1 1406 Redin 1841 Pi r Trails established, expanded 391 9 4/6 8/1 1936 kttqlio 1915 Johnson, DJ. Lake Superior hooked fah returned to water 460 9 4 18 8/1 1995 Wa emus 1788 Johnson, A. Waste Management Act amended 585 0 5/6 vd . 2010 Ozment 2050 Johnson, J.B. Landfill operators must pay into trust fund 548 9 5/4 2/1/95 ; 5/5 (Sec. 1, Subd. 4) 2046 Wa emus 1922 Ranum s —kliin , woundiN restricted in metro area 575 g 515 8/1 2054 8 op 1858 Benson, D. fiord Yaeger Wildlife Management Area sole allowed 531 4/28 - 4/29 2158 Bishop 1909 Price Sewage treatment ordinances required, Professionals licensed 611 Q 1 5/10 5/11 (Sea. 1, 2); 7 1 (Sec_ 3) 2175 Hausman 2114 Kell St. Pod ' authorized a lead re kxement mm 504 4/25 da 2178 Coo per 2017 Johnson, D.E. Meeker Counly authorized to sell tax forfeited land 403 q 1 4/11 4/12 2181 Ko d 2062 Stevens Mille Loa Counly tax forfeited land sale authorized 418 0 1 4/13 8/1 2212 Kohn 2023 - alle Genetically engineered seism— release exemption 454 4/18 4/19 2244 Tunheim 1959 Stuns Roseau Cam authorized to sell tax forfeited lad 437 4/13 4 14 2 Dauner 2152 Dow Cl Coun authorized to sell tax forfeited lords 464 4/18 8 1 y 2410 Rukavina 2236 Lessard Tree an ' stalk and seed sales iven to nurseries 551 5/4 8/1 Munger 2220 Price Legislative Water Commission duties provWed 551 9 5/4 5 (Sea. 17,18); 8/1 (Secs. 1-16, 19-27) Weaver 1141 Merriam Rough fish harpooning allowed non-residents 467 4 20 4/21 a 0 Weaver 2289 Merriam Air emission faali iven rmit cost reimbursement 637 5 10 8/1 2572 Waltman 2246 Mumh Wabasho and FBlmore counties authorized land exchange 537 4 29 4 30 2622 Anderson, 1. 2561 Lessard Itasca and St. Louis counties state lad sale outhorized 401 4 11 4/12 w f r: SESSION WEEKLY/ May 13,199A 49 1994 MINNESOTA LEGISLATURE FINAL ACTION (as of May 12, 1994) HF —House File v— vetoed vd— various dates SF— Senate File liv —line item veto we —with exceptions o R— Resolution p— pending governor's signature wq—with qualifications - a c �, t— footnote f —filed with secretary of state ulo —upon local approval N °— g— governor signed bill r— retrooctive cu--currently unavailable ' 0 ° o doe —day after enactment o W 2 � HF Author SF Author Bill Title U 0 - 2623 Anderson, I. 2562 1 Lessard Itasca County authorzed to sell tax forfeited land 579 g 5/6 5 2638 Sekhon 2277 Merriam Waste Control Commission— watershed agreements 562 g 5/4 8/1 2657 Vellen a 2584 Anderson State park pemhis for handicapped persons 458 g 4/18 8/1 2665 McGuire 2451 Johnson, J.B. State pork land added 448 g 4/15 8/1 2675 Lourey 2305 Lessard Aitkin County authorized to sell tax forfeited land 530 g 4/28 4/29 2692 Wenzel 2436 Samuelson Crow Wi County state land sale authorized 415 g 4/11 8/1 2728 Bertram 2491 Bertram Steams County authorized nonpublic sale of tax- forfeited land 468 g 4/20 4/21 2731 Peterson 2467 Berg Walleye size limits modified 5 2 3 4/18 4/29 2825 Milbert 1429 Lessard Wildlife management bill 623 g 5/10 vd 2856 Reding 2749 Piper Mower County oufimrized to sell tax forfeited land 462 9 4/18 8/1 2894 Ozment 2520 Price Salvo a facilities given waste management evaluations 582 g 5/6 7/1 2920 long 2523 Merriam Environmental assistance office established 544 v 4/19 2925 Bottaalio 2608 Johnson, D.J. Cook County lakesfore property required to be re-offeied for sole 555 v 5/5 3032 Pugh 2445 Merriam Game and fish revenues clarified 561 g 5/4 vd 3079 Rukovina 2757 Price Conservation suboronts authorized 578 5/6 5/1 3086 Wagenius 2313 Mondole Passive oioremedotion allowed and hazordous substance release expan led 639 g 5/10 vd 3179 Munger 2724 Stumpf Wetlands bill 627 5/10 5/11 (Sec. 9);1/1 wq (Set. 10); 8/1 ENVIRONMENT & NATURAL RESOURCES FINANCE 2234 Kahn 2054 1 Morse Environment and natural resources trust fund 580 1 g 5J6 511 ETHICS 1863 Olson, E. 1737 Marty Ethics in government 371 9 3/22 8/1 1 FINANCIAL INSTITUTIONS & INSURANCE 1094 Stanius 1134 Luther Reporting requirements for certain businesses 485 9 4/22 vd 1885 Jennings 1846 Solon financial administrative hearings regulated 382 9 3/28 3/29 1886 Reding 1751 Larson Insurers, investments, other transactions regulated 425 9 4/13 8/1 1914 lenninas 1729 Metzen Interstate banking— raonical limits removed 484 9 4/21 12/22 1964 Reding 1749 Larson Insurance company regulations 426 a 4/13 1 8/1 1999 Pugh 1784 Riveness Insurance fraud information disclosure required 574 g 5/5 8/1 (Secs. 1. 3);1/1 95 (Secs. 4.5) 2060 — Pugh 1898 Wiener Diabetic equipment /supplies by insurance 538 g 4/29 8/1 wq 2061 Cooper 1912 Vickerman Short term health, accident insurance plans unwed 506 9 4/25 4/26 2379 Bishop 1794 Reich ott June HIV test results---prohibited in some underwr decisions 415 9 4/20 8/1 2530 Molnou I 1951 Johnston Insurance temrination for fibrocysk condition prohibted 442 g 4/15 8/1 w 2990 Bernam 2690 Chmielewski Township fire insurance combination policies authorized 564 g 5/4 5/5 GENERAL LEGISLATION, VETERANS AFFAIRS 8 ELECTIONS 323 Dsthoff 1512 Luther Uniform election procedures provided 646 p 1880 Bergson 1700 Vickerman Floq desecration banned --- iesoluton R5 g 1 4/15 1 — 2362 Carlson 2189 Reich ott Dos tentiolly dangerous definition changed 550 g 1 5/4 1 8/1 2435 Osthoff 2607 Belanger Veterinarians --- abandoned animal procedure c 401 g 4/11 8/1 2602 1 Rodosovich 1 2197 Pogemdler Legislative 1991 district bou recodified 612 g 5/9 9/13 and thereafter 2671 1 Rodosovich 2199 Pogerniller (ongressionial district reappointment plat codified 406 4/11 9/13 and thereafter 2672 Rodosovich 2297 Po emiller Precinct and election changes 607 g 5/6 8/1 2677 Brown, C. 2422 Finn Burial muds —anl actions for damage expanded 469 g 4/20 8/1 2680 Jefferson 2231 Pappas Charitable ions — r regulations changed 535 9 4/28 4/29 3004 Joros 2011 Solon Minors provided simulated elections 608 v 5/9 GOVERNMENTAL OPERATIONS & GAMBLING 321 Kahn 103 1 Berg ornful s gambling Nil 633 g 5/10 vd 392 Johnson, R. 374 1 Kroening Sprinkler ems requited in offices, apartment buildings 601 v 5 662 Orfield 609 Kroening Minne000lis Teachers Retirement Fu allowed service credit 569 v 5/5 936 Yhcketmon 961 Frederickson Jobs and trairog tai ' departrnem renamed 483 g 4/21 4/22 984 Krueger 1307 Riveness Administrative department provisions modified 634 g 5/10 vd 985 Weaver 793 McGowan Police and fie fund disability benefit modified 463 g 4/18 4/19 1416 Reding 1280 Piper Austin Fie Deportment Relief Association—health insurance 490 g 4/22 A 1881 Dempsey 1680 Murphy Red Wing police —to elect retirement coverage 410 g 4/11 A 1899 Gfeiling 1969 Hottin er Adminahative rites— odoption and review revised 629 g 5/10 8/11; 7/1/95 (Sec. 5) 1909 Reding 1723 Piper Police 'refi hter relief associations— spouse benefit 491 g 4/21 4 22 wq 1913 Farrell 1 2394 1 Kelly St. Paul police account authorized to pay refunds 409 4/11 ula 50 SESSION WEEKLY / May 13, 1994 1994 MINNESOTA LEGISLATURE FINAL ACTION (as of May 12, 1994) HF —House File v--vetoed vd— various dates F— Senate File liv --line item veto we —with exceptions L o — Resolution p— pending governor's signature wq —with qualifications a o t— footnote f —filed with secretary of state ulo —upon local approval E N o g--governor signed bill r— retroactive cu— currently unavailable L o doe —day after enactment (L 0 —' HF I Author SF Author Bill rtle o 1915 Weaver 1734 Reichgott lunge Disaster volunteer leave program established 583 g 5/6 8/1 1921 Johnson, R. 1801 Morse Teacher retirement fun increased woricer contribution 524 g 4/28 vd un eim tamp Medicare coverage referendum required g ­ 47TF u a Johnson, arse Early retirement benefits coll 9 4 y retm ) K ahn 1860 iveness Refireme nt account 7a or higher education clarified g / a. ) meger derson r o ect novotion employees iven I some state ne i 9 rs 554 g un eim comp win Leverington given hearing 440 g 6 ­ 7 5m ey 2060 Dinum Firmignters Association pension benefit clarified g u a 4 eagren 4 erwii iger egi ator report materio ism ufion co i e g renstein o en Vocation donation program fund use g 4 4 4 ohnson, oe American Indian tribal govt. eligible for fire, police aid 4 g 4 4/23 wq R eding tumQ Public employee retirement system modified 9 4 Ma on Wiener Agency open appointment act 4 g 4 ( . 6- ); - ) 4 o erg Lessor Itasca me ica center emp ogees considered public employees 588 g ice 2180 Kroening Minneapolis fire Department satiation given surviving spouse benefit byl g u a 4 _ NF g on Teacher salary defined, parental eaves provided 4 g 4/29 4 rna 4 ogemii er Minneapo is o ice Association benefits changed g / a rei ing 4 erglin Retirement pension an obligations c ar i g 4 ug etten t. Paul refired employee allowed to receive normal annuity g 4 rn9 2262 ms Conservation employees allowed service credit pure ase 456 g 4 5 67 Pauly 44 erwii iger Vacation leave dommi Uon Control employees 581 g 6 517 ( ); retro. ( ) eagren 6 wi ig erer Management training programs started, oz use outhoriz 4 g _ 8 / 1 4 Reding yon Metropolitan Waste Control chair provisions change g 4 VS (Secs. 7 22Y (ea. -b, 6 6 enze 4 mueison — Te - Rier association member given prior service credit porchose __ 4T4 _ g 4 4 b eding 6 Merzan Investment Board- fund management changed 604 g b ; 6 (Art. 1 Ser- b) - F6 ' 9 — Kan Morse tote niversity ystem benefits mo i e 9 6 ahn 2276 ogemil er ennepin aunty paramedics, EMTs included in pa ice a 7e to 4 g u a - e ing --Stumpf Higher taucation board employee retirement options 572 g ( )- 4-b, ) 7" n 4 iveness ectronic access to state agencies for licenses g 4 a n 4 ogemi er Minneapolis employee authorized prior service credit purchase 4 P g 4 a 2772 Orenstein 2258 Metzen LMI service pilot project established 453 4 18 7 7 87 — u g 1 / 9 Metten t. au olive Association-- probation employment � �e 4 P 4 g 4 ( ); u (ea. ) ran, M — Tervd tiger mergency respone commission expanded 4 g 6 rimb e Kelly St. au — proportional representation require 9 4 i e 2292 Merriam National Guard members in active duty given expedited pay 9 4 4 M - 6 — Rahn ernam Attorney f ees for publ ic1cm counsel — restricted g q 4 rcia Merriam r o 'ng pro i ifion in public places 520 g ourey 10 n, .. Nutrition and dietefics board established g 5/9 vd 4 reen ie etzo ea review or e anizotion —confidentiality ui e i nes 9 4 4 9 9 4 u avma erglin health care administrative costs studied egis alive auditor v eary inn Authority tot specialists pr g K elley per Health boords—protect from impaired regulatepersons = g 4 Brown, tzo Emergency health services— evo uat on pilot bosis 515 g fU° ms Sodal service plan modified or counties 1 432 9 4 229 McGuire e Y Ramsey Hech (are, Inc.— Private incorporotion 549 9 777 do . 1 2); ( G ooper 2086 _ Medicine dispense outhority extended 9 4 Olso K. ennan Physician license data classified as private 44S g T47 ree e e Human services provision modified 529 9 ); tetra. reen ie erglin Minnesota are 625 li ) ' an ngen rentz Human services licensing clarified- 4 9 (Secs. ) 6 un ey ion i t n spits esta is a in u g a viggum 6 y C oroner ucation requirement exemption 4 g 4/ 4/16 or ad abotement provision modified _T67 g b SESSION WEEKLY/ May 13, 1994 51 1994 MINNESOTA LEGISLATURE FINAL ACTION (as of May 12, 1994) HF —House File v--vetoed vd— various dates SF— Senote File liv --line item veto we —with exceptions e R— Resolution p-- pending governor's signature wq --with quolifications d N t— foomote f —filed with secretary of state ulo —upon local approval E N °— a g--governor signed bill r— retroactive cu-- currently unavailable o o d E doe —day after enactment Q, „ � c > HF Author SF Author Bill Title W HOUSING 1829 Brown, K. -- 2T7 - 8 Nova Manufo ctur me residents— evocration plans 592 g 5/6 8 er An erson Landlord penalties set tot not provid written lease 496 g row inn Manufactured home repossessiof — venue restricted -- 4U — g 4 vans 4 Krentz Manufactured horne saes f ees donfied — 77 — — v rown, ovak L oan provisions doged, tribal Indian housing loans authorized g Je erson Hanson Seniors allowed small pets in mobile homes 543 v e Novo etropo iton Cour ew housfiig rules y JUDICIARY P ugh 4 enh SLAPF owsuits—reme ies provi to en ants g wq b Mac in inn Probate uniform c e— antic rec "e g wq Bi shop o en Postnuptial canto h, win ti,jenE 9 1/92 1 Wejcmon 66 -per family support interstate uniform act opte - 6K — g ugh 6 eho Property statutory provisions clarified — g ejcman inn enta matters eord in conciliation court 50Z g 7 727 8 / 1 4 ug b inn Business corporations— organization, operation mod" g 4 6 eterson Key Peace officer ifirdioWexpanded 441 g Mc uire inn Omnibus atd ctices i Pro 6 9 4 og and onum mnious juvenile crime i 6 iv / v d w ins 4 etzo Civil commitment— procedures modified 4 v Wejcmon eho aster care, adoption provisions modified 598 g b R est iper option agencies, policies regulated b og and None Omnibus crime i b g ejcman un EZ Child abuse service providers grant program b5z g q Mariani a -c gott lunge rdstitution — rivi action created or those coerced 624 g wq adson 2582 Reichgott lunge Fire insurance poicy coveroge extended g 4 wq anop i 66 eic gott lunge Attorney --- unauthorized practice of pens be 6 g Wejcmon IY61 Merriam. Omnibus DWI bill 615 --g wq Mi ert eho Revisor 's bill—corrects statutes 4 g 4/ 8/1 Font 2285 Krentz Whistieblower tow expor v 4 esi eic gait unge Limited liability companies — worker laws 512 g 4 (S ) 2228 Carruthers 844 lu er union representatives given time off by public employers 381 v — 72 - 8 u ovino 44 e y Minimum wage increased 6 v — w — or 996 elonger Personnel record review provisions ext g o ) ettermann Chandler Boiler inspection a requirements modified g 4 owner Langse u an engine inspections m odifi ed " 4 9 4 u dvina 6 Jonezi Unemployment benefirs— given to mining employees 5US g 4 ( ); t --7 (5 F0.1, 4„ ) er t Run beck­ Reemployment uuumnce pr , regu 4 g LOCAL N rown, . is erman Annexation elections annexation y o -nonce mo i i g wq rime y t. Paul authorized to require residerry for employineint g a 4 Morrison 4 utson Metropolitan council to study housing 9 wq in -- My Betzold Public controdo -- payment boncl performande act g wq l unheim 1756 Stumpf e at to ive a debt -- 47F — g ess i e Hutchinson allowed to incur debt for share of EN costs g 41LO VVIMOUt approva 1956 t nnen 1780 Dille Wrg ht aunty's transfer of facility wittiout bids allowed 3/28 711 em'ef rriam Anoko city and com y s merge of libraries allowed g do - P —Fen—son—, rest own rng redevelopment ority gronte 4 g 4 ulo P K-sca en mst 6 examiner— compensation allow 380 9 doper Jo n, .. own - nancia a 't requirements i "e 4 g on 66 Hanson o ounty o riz to se taz o eit 46b g 4/20 5/20 ran 4 Lese i , Lyon counties — j kia o. o one 4 g u a lie er 6 lessor ree remova exemption pr g 4/6 1 711 209 son, 44 -c erman Lake iel o owed to expo uti ities commission to five g 4 52 SESSION WEEKLY M 1 / ay 3, 1994 1994 MINNESOTA LEGISLATURE FINAL ACTION (as of May 12, 1994) HF -House File v--vetoed vd- various dates F- Senate File liv -line item veto we -with exceptions .. o — Resolution p— pending governor's signature wq —with qualifications a o t— footnote f—filed with secretary of state ula —upon local approval N o g--governor signed bill r— retroactive cu---currently unavailable , 0 m doe —day after enactment a > d HF Author SF Author Bill Tide v c0 o W 2130 Tomossoni 2052 Jonezich Meadowlands— former town of Payne assigned commissioner district 384 g 3/31 A 2216 0 ie 2015 F ynn Metdpo iton Reorganization Act o 1994 628 g 5 1 O vd imoneau etzo ax o eite n saes authorized sealed i 4 g - T/n - u a 4 lourey 71T Chmielewski Moose Lake re protection district provisions modified 511 g - 472F 1/1 eppi o rtson drter cities allowed to apply city statutes -- 4T6 — g 4 erson, 1 2383 essay ing outy—r ooc is necor er otfice appointed g 4 u o un ey Jo nson, .J. Duluth general obligation bonds authorized —09 g 4 u o 4 avi s Benson, D. Olmsted County authorized to adopt state b uilding code 4 g -- T JTT 8/1 oukoos iper Freeborn County— appoint officers, reorganize g -7 47 - u a Koppenarayer 2262 Sams own Foard notice requirement removed tot inspection 4 g 4 lourey 2119 Chmielewski Road damage appeal— notice requirements 451 g 4 c wire appas Appointments given for some county offices 609 v 6 6 grown, 4 attinger Zoning ordinances limited for munuf actured hom e par g 4 Ne son ms W adenu County auditor, treasurer may merge 394 g 47T u o ejcman i 858 Flynn Hennepin County personnel system name changed g 787 a erg 6 lessar Itasca County allowed nonbinding referendum 4 g 4 u a K ohn ogemi er inneopo is ark ana Recreation Board land conveyance 4 g -- T/TT — u a 6 ejcman Kroening Trade and croft contract negotiations authority 4 g — 4 77 8/1 Je erson ogemi er larget enter — ownership, inances an use g wq / I ( ); S ec. ) REGULATED INDUSTRIES & ENERGY 564 Stanius 819 Johnson, J.. call charges regulated g 4 4 I Frerichs 788 Johnson, A. Energy conservation duties a iminote 610 g 6 Kelley 6 on o e iwovoy radios —Metro Council reporting dotes eFe a 4 4 g 4 a (ratio.) 4 Jennings 6 Novak rairie Is a nut ear storage 64 g v 4 Jaco s 4 ana er Telephone competitive services regulated 4 g 4 /28 Yd Krueger Ground voltage studies mandate r g y 4 eor rice Cogeneration property tax exemption g 4 6 wq 4 7� _ 747 lesewski Municipal energy conservation investment loan program 616 g 5/ 711 Jacobs Lesewski Energy orecost'into— duplicate reporting eliminated 64 p 7 677 - — jacolis 2161 Solon Omnibus liquor bill 6 g v RULE 8 LEGISLATIVE ADMINISTRATION 3221 Simoneou 180 Kroening Constitutional amendment proposed to allow o •tac t5ng 626 g 71 8/1 be der 2097 langsem Vehic and fuel excise tax revenue dedicated to pu is transit 640 liv 5 10 711 ( ); R est iveness Property tax refund uncapped or 4 targeting g 3/31 vd patz ertram St. tax increment financing district exemptions 6 g u a ey appal Omnibus tax correction bill 416 g 4 /13 vd R est n Department of evenue policy bill g 4/ b est 6 Flynn Minneapo is eoc ers etirement f un d --- specio taxing district levy 4 g 4 taxes payable n Winter a anger levy imitations abolished t ar ow government g 4 u o P roperty taxes payable m on area er vind 4 Johnson, J. ea care access reserve accduat crest v est ogemi er Bonding authority a ocation procedures changed g - 779 - 4 , 6, ); (S ecs. 1, 4, 5, 6, est 4 Pogemillei :: finance provisions modified 614 g 5/10 vd i teensma 430 Vickermon -- MaTr - ural vehicles au riz fires with metal s g op mie a Reckless driving often expanded p 4 -Von-au nston Veterans memotial highway designated g - 47TF 8/1 e o 6 Belanger fronsit ublic operators given assistance 605 g b unheim tump Ambulance volunteer spedd license plate created 443 g W inter i ermon Lauto Ingalls Wilder highway designated g 4 eder Murphy-awn road levies distribution modified 553 .9 (aid bution year) wq; (Sec. ) rime appal Veterans' special license plate created g 4 Strom c appal Accident prevention re es er course 54/ g SESSION WEEKLY/ May 13, 1994 53 1994 MINNESOTA LEGISLATURE FINAL ACTION (as of May 12, 1994) HF —House File v--vetoed vd— various dates SF— Senate File liv -line item veto we —with exceptions c R— Resolution p-- pending governor's signature wq —with qualifications N t --- footnote f —filed with secretary of state ulo —upon local approval E ° ° o g— governor signed bill r --- retroactive cu— currently unavailable i `o o �° dae —day after enactment n, d 0 > a > :? HF Author SF Author Bill Title 0 9 0 ,; 2183 Ozment 2354 Yickerman Transportation of hazardous waste mo&fied 589 E 5 2254 Ozment 1774 Hanson Mail rural vehicles— outhori light zed strobe s 478 4/21 2309 Lasley 2471 Johnson, I.B. Highways 292 and 65 descriptions changed 408 ula 2359 McCollum 2260 Johnston Public safety deportment omnibus bill 501 8/1 2360 Jennings 2472 Johnson, J. Truck inspection station in Wisconsin authorized 487 8/1 2365 Morrison 1966 Longseth Traffic re ulotion cho es 600 5/6 8/1 2418 Frerichs 1967 Pappas Drivers' license reinstatement test 398 g 4 8/1 2426 Kinkel 2035 Finn Handicapped ' enforced by citizens 495 g 4/21 8/1 2508 Steensma 1990 Vickerman Motor vehicle registration, taxation mo&W 536 g 4/28 8/1 2513 Leger 2503 Krentz Hi hway and ocquistion rules modified 436 g 4/ 13 8/1 2630 Carlson 2415 1 Hanson Accident reporting threshold level increased 399 g 4 8/1 2762 Wagenius 2510 Raw Heod Start school bus use regulated 603 9 5/9 8/1 2882 Olson, E. 2706 Moe Potato transportation exemption provided 519 g 4/28 4/29 2936 McCollum 2660 Pappas Ramsey County tumback road maintenance funded 439 g 4/15 8/1 3011 Osthoff 2680 IA Seth Municipal state -aid street mileage limitation changed 635 Iry 5/10 5/11 WAYS & MEANS 3209 Rest None Omnibus tax bill 587 g 5/5 vd 3210 Greenfield None Omnibus health and human services aporopriofiors bill 606 v 5/9 3211 Steersma 2910 Kelly Claims against state appropriated money 620 9 5/10 1 5/11 3215 1 Solberg 2913 Merriam Omnibus appropriations bill 632 1 "n 5/10 1 vd I 1 . I 54 SESSION WEEKLY / May 13, 1994 Order Form A publication summarizing the new laws of 1994 will provide brief summaries of the bills that were passed by both the House and the Senate d signed by the governor during the current legislative session. The publication will be ready soon after the session ends. Copies will be led to those who order them. Do you want to receive a copy of the 1994 new laws publication? Yes No Do you want to receive Session Weekly in 1995? Yes No Phone number: (_) Please place this form (with the mailing label on the back) in an envelope. Mail it by June 3, 1994, to: Session Weekly, House Public Information Office, 175 State Office Building, 100 Constitution Ave., St. Paul, MN 55155 -1298. 1994 Session Weekly Readership Survey We would appreciate your taking a moment to tell us what you think about the Session Weekly. You're opinions will help us plan for next year. How often do you read the Session Weekly? (Please check one) _Never _Once a month —Twice a month _Three times a month _Every week On which day of the week does the Session bVeekly usually reach your mailbox? (Please check one.) _Saturday _Monday _Tuesday _Wednesday ! Thursday _Friday Which parts of the Session Weekly do you most often read? (Please check all that apply) _Highlights _Informational material (lists, etc.) ---Do You Know? _Bill Introductions _Minnesota Index _Features = Committee Schedule _It's a Fact! _Member profiles Bill Tracking Which section do you prefer? _Weekly action (grid) _Cumulative action Should the bill tracking sections be continued next year? _Yes _No On the following scale from 1 to 5, please rate the following aspects of the Session Weekly? (Circle one number in each set) Writing Difficult to understand Easy to understand 1 2 3 4 5 Story Length Too shoe Too long Just right 1 2 3 4 5 Readability (type size) Too small Too large Just right 1 2 3 4 5 Photographs Poor Average Excellent 1 2 3 4 5 Layout Poor Average Excellent 1 2 3 4 5 What do you like about the Session Weekly? - Do you have any suggestions for improving the Session Weekly? We plan to include a Q bz A column next year when space allows. If you have a question about the Minnesota House of Representatives or the legislative process, please write it here. May 13,199A / SESSION WEEKLY 55 MINNESOTA HOUSE OF REPRESENTATIVES PUBLIC INFORMATION OFFICE 175 STATE OFFICE BUILDING ST. PAUL, MN 55155-1298 Speaker of the House: Iry Anderson — Majority Leader: Phil Carruthers Minority Leader: Steven A. Sviggum M " MR7 1 W 1 1 W AA -1994 legislative Session For more Number of legislative days used..... . ...................... ......... ......... ............. 45 information ... Constitutionally allotted legislative days left over .................. .............................14 Maximum number of days Legislature can meet in regular session For general information, call: every two years ............................................................ ............................... 120 House Information Office Number of House Files introduced ............................... ............................... 1,443 (612) 296 -2146 or in 1992 ......... ............................... ' ................. ................. ..... 1,329 1- 800 - 657 -3550 Number of Senate Files introduced .............................................................. 1,259 in1992 ..................................................................... ............................... 1,208 Number of bills that reached the governor's desk ............. ............................... 274 Number of those that were House Files ............................ ............................162 Number of those that were Senate Files ............................ ............................112 obtain a copy of o bill, call: C Resolutions adopted ........................... .............................. ............................... 1 Chief Clerk's Office (612) 296 -2314 Bills sent to conference committee ..................................... ............................... 69 Number of those that didn't later get passed by both bodies ............................3 Number of conference committees in 1992 .......................... .............................46 House Files amended by the Senate that the House concurred To find out about bill introductions or with and repassed ....................... ..................... ....:... ....:.... 67 the stattis of a specific bill, call: Senate Files amended by the House that the Senate concurred House Index Office with and repassed .................. :... .... ......... ............ . 27 (612) 296 -6646 . Bills not yet signed by the governor, as of May 12, 1994 ...... ............................... 4 Veto override attempts since 1939 ..................................... ............................... 22 Successful veto override attempts since 1939 ......... ......... ........ ..,.............4 Number of House attempts, 1994 .................... ......... ............... 3 For up- to-date recorded message Successful House attempts, 1994 ... ............................... ......... ............... 0 giving committee meeting times and Full bills passed by the 1994 Legislature and vetoed by the governor, agendas, call: as of May 12 ............................... ............................... ......... ............. 17 House Calls (612) 296 -9283 Additional bills with line - items vetoed, as of May 12 ...... ....... :................ 8 Total Gov. Arne Carlson vetoes, 1991 -May 12, 1994 ......... ......... .............. 98 Vetoes by Gov. Al Quie, second - most prolific vetoing governor .............. ............31 among Number of vetoes, all governors, 1939-1990 .................................................... 206 a 8 a a 0 Number of pages in the K -12 education bill ........................ ............................258 Number of pages in the vetoed Health and Human Services appropriations bill ........................................................ ............................... 268 Telecommunications device for the deaf. House bills incorporated into the 1994 tax bill, as passed by the House ............ 60 To ask questions or leave messages, call: Date the Legislature will reconvene in 1995 ....................... ...........................Jan. 3 TDD Line (612) 296 -9896 or 1 -800- 657 -3550 Sources: House Index Department; Legislative Reference Library; House of Representatives Public Information Office. MAY 16 '94 09:32 FROM COLEMAN /CHRISTISON TO GW -NO %NO MET PAGE.002 HOUSE RESE Bill Summary S. F. 2015, fourth engrossment SUBJECT: Metropolitan Government Reorganization AUTHORS: orficld, McCollum, I. Anderson, Carruthers COMMITTEE: General Legislation, Veterans Attains and Elections ANALYST: Deborah A. Dyson, 296 -9291 DATE: March 30, 1994 OVERVIEW Article 1 establishes the metropolitan council an elected, nonpartisan, 16- member regional government. Article 1 aLso Provides for public campaign €lnancing 0 council electio and disclosure of economic interests by council f candidates and members. s Article 2 abolishes the regional transit board, metropolitan transit commission, and metropolitan waste control commission comission and transfers their duties, functions, proPertr, and obligations to the metropniiitan council. Article 2 also providers for a regional administrator to act as the principal executive officer of the metropolitan council. Article 3 contains primarily conforming amendments related to the metropolitan government restructuring in article 2. � . f 1994. n Act o • Metropolitan Reorganization Article 4 states that the act is the Metrapo rg an Article 1 Elerted metropolitan Council Section Definitio Strikes • • metropo council from the provision providing for open 1 � appointments. Amends s 9 s ubdivision I. sect i 5A5 7 s ect. 2 Salary - ranges. Strikes the chair of the metropolitan council from the section prnfafure for the governor to set the salary of certain officials within rang es set by the l e gis lature. Amends section 15A.081, subdivision 1. Research Department Minnesota House of Representatives 600 State office Building MRY IS '94 09s32 FROM COLEMRN/CHRISTISON TO GW tJG/NO MET PAGE.0 03 S. F_ 2415, fcxirth engrossment March 30, 1994 Page 2 Section 3 Allocation of costs. Permits municipalities or counties to allocate the metropolitan council's proportionate share of the cost of conducting elections to the council. Amends section 20413.32, subdivision 2. 4 Coverage (retirement plan). Provides for certain employees of the metropolitan council to be eligible for pension coverage under the unclassified employees retirement program Strikes the metropolitan council chair from the provision listing those eligible for coverage under the state unclassified employees retirement program_ Amauds section 352D.02, subdivision 1. 5 Eligibility (retirement plan). Permits elected metropolitan council members to participate in the defined contribution plan open to elected local government officials. Arureicds section 353D.01, subdivision 2. 6 Creation. Establishes the metropolitan council as a public corporation and political -rniulivision of the state with 16 members. Amends section 473.123, subdivision 1. 7 Terms. Provides for council members to be elected on a nonpartisan basis from districts, serving 4 -year terms, with one -half turnover every two years. Requires a council member to reside in the district represented and for each council district to be represented by one member of the council. Amends section 473.123, subdivision 2a. 8 Vac.aucies; special election. Provides for a special election to be held to fill a vacancy on the council in a manner similar to how a vacancy is filled in the office of county commissioner. Amends section 473.123, by adding a subdivision. 9 Redistricting. Provides for metropolitan council to redistrict council districts after each dvecanial federal census and requires the council to adopt the redistricting plan no later than 25 weeks before the state primary in the year ending in the numeral 2. Amends section 473.123, subdivision 3a. 10 Elections; procedures. Provides that, in general, Minnesota election law applies to c:uuucil elections. Specifics that - affidavits of candidacy must be filed with the secretary of state; -the filing fee or number of signatures on a petition in place of a filing fee is the same as for candidates for county office ($501500 signatures); and - council elections are held at the same time as state and county general elections. Amends section 473.123, by adding a subdivision. Research Department Minnesota House of Representatives 600 State Office Buildng MAY IS '94 03 :33 FROM COLEMAN CHRISTISON TO OW 140 %110 MET PAGE.e04 S. F. 2015, fourth engrossment March 30, 1994 Page 3 S ection 11 Officers, selections; duties and compensation. Provides for the council chair to be elected by and from the members of the council at its first meeting in January each year and to serve a one -year term. Provide.% for the chair to preside at meetings ud perform other duties assigned by the council or by law. Strikes provisioas establishing the chair as the principal executive officer uF tiic wuescil responsible for administration of the council (transferred to the regional administrator in article 2). Provides for the council to elect officers in Addition to the council chair as necessary and, if elected, to serve one -year terms. Provides for council members, including the chair, to receive actual and necessary expcnscs mid compensation determined by the council. Permits the council to adopt policies and procedures governing its operation. Amends section 473.123, subdivision 4 (incorporating portions of section 473.123, subdivision 5). 12 Metropolitan Council; Campaign Financing, I?;sclusure of Economic Interests; Conflicts of Interest. States that sections 12 to 30 apply to the financing of council election campaigns, candidates' and members' disclosure of economic interests, and members' conflicts of interest. 13 Definitions. Defines terms used in sections 12 to 30. ' • 4 Political Committees-, Metropolitan politan Council Elections. Subdivision L Officers. Requires every political committee to ha ve a chair and a treasurer. Subd. 2. Prohibitions; Acceptance of Certain Contributions; Commingling of 'Funds. Prohibits accepting or spending funds without a trey -m rrr, keeping anonymous contributions over $20, and commingling personal and committee funds. Violation carries a misdemeanor penalty. IS Political Funds. Subdivision 1. When Required. Requires any association's (other than a political committee's) transfer of more than $100/year to candidates or political caaunittccs to be from a political fund. Subd. 2. Treasurer; Commingling of Funds; Anonymalu; Contributions. States requirements for a political fund and prohibits commingling political fund funds with any other funds. Prohibits accepting anonymous contributiotas over $20. Subd. 3. Use of Dues and Membership Fees. Permits an association to put in its political fund dues and membership fees. Research Department Minnesota House of Representatives 600 State office Building MAY 18 '94 0934 FROM COLEMAN /'CHRISTI SON TO OW NO/NO MET PAGE. OW S. F. 2015, fourth engrossment March 30, 1994 Page 4 S Subd. 4. Penalty. A knowing violation of this section carries a misdemeanor penalty. 16 Principal Campaign Committee. Requires candidates who receive or spend over $100 to form a single political committee and to make expenditures only through chuL committee. 17 Registration of Political Conimittcts and Political Funds. Subdivision 1. piling Office; Deadline. Requires political committees, politic ul funds, and principal campaign committees to register with the board of ethical practices within 14 days of receiving or spending over $100. Subd. 2. Statement Required. Specifies the contents of the registration of a political committee or fund. 18 Accounts Which Must Be Kept, Subdivision 1. Contributions; Expenditures; Transfers. Specifies what accounts the treasurer of a political committee or fuzed must keep. Subd. 2. Authorization of Expenditures; Receipts. Requires the treasurer to authorize expenditures and to obtain rcccipts. 19 Campaign Reports. Subdivision I. Committees Required to Report; Deadlines. Requires the treasurer of a political couunittcc or fund to filc campaign reports with the ethical practices board. Sub& 2. Cootentc of Reports. Specifies what each campaign report must disclose. Sttbd. 3. Termination Reports. Permits political committee or thad to dissolve after filing a termination report with the ethical practices board tbx indicates all dons are settled and assets, over $100 disposed, of. 20 Expenditures by IudividuaIs; Reports. Requires an individual who makes expenditures of $100 or more in a year to file campaign reports. This applies if no political committee or fuzed is required to report the expenditures as contributious and if the expenditures were made with cooperation or consent of a candidate, committee or their agent. This does not apply to an individual's expenditures to advocate election or defeat of a candidate. Research napartment Minnesota House of Representatives 600 State Office Building MAY 18 '94 09:34 FROM COLEMAN . TO GW'NO /NO MET PAGE.006 S. F. 2015, fourth engrossment March 30, 1994 Page 5 Section 21 Additional Information to be Disclosed. Subdivision 1. E2rmarke.d Contributions Prohibited. Prohibits soliciting or t that ua identical o e contributions earmarked for another candidate. (Language is I accepting ( g g F g in section 10A.16, added to the campaign rtuauct laws by the 1993 LegWature.) Subd. 2. Bills Wben Rendered. Bills must be submitted in writing to the committee or fund treasurer within 60 days of providing the service or material. Violation carries a petty misdemeanor fine. 22 Circumvention Prohibited. Imposes a misdemeanor penalty on anyone attempting to circumvent disclosure of sources or amounts of contributions. 23 Economic Reprisals Prohibited.' Prohibits reprisals against persons due to their political contributions or activities except when political affiliation or viewpoint is a bnna fide occupational qualification. Violation carries a misdemeanor penalty. 24 1Ec:ouonilc Interest Disclosure- Subdivision l.. officials Required to File; Deadlines. Requires a candidate for metrnpolitan council to file a statement of economic interest with the ethical practices board. Subd. 2. Content of Statement. Specifies the content of the statement of economic interest. 25 Reports and Statements; Requirements. Subdivision X. Certification. Requires reports and statements required to be filed under sections 12 to 30 to be signed and certified as true by tho meson required to file. Knowingly filing a false report or statement or omitting required information carries a gross misdemeanor penalty. Subd. 2. Reports Retained. Requires: the ethical practices board to retain reports and statements filed for 5 years and snake them available for public inspection. Subd. 3. Changes and Corrections. Requires material changes in reports and statnrnouts filed to be made in writing witbin 10 days. Willful failure to report a material change carries a misdemeanor penalty. SubdA. Record Keeping. Requires those required to file reports and statements to keep records relating to the reports or statements for four years. Rasawch Department Minnesota House of Representatives 600 State Office Building MAY IS '94 09:30 FROM COLEMAN/'CHR I ST I SON TO GW NOS NO MET PAGE . ©0? ' S. F. 2015, fourth engrossment March 30, 1994 Page 6 Subd. S. Penalties. Specifies notice procedures and late filing fees for required reports and statements. Knowingly failing to file a statement or report after a second notice carries a iitisdemeanor penalty. Subd. b. Recovery of Late Filing Fees. Permits the ethical practices board to bring an action in Hennepin County to recover late filing fees and requires fees recovered to be deposited in the state general fund. Subd. 7. Reports of Violations. Requires the ethical practices board to inform - dual resides if the individual faits to cou atto of the coun individual the ty Y Y in which an ind e board to d late notice. Requires th file the required report or. statement after the sewn �I also inform the attorney general. 25 Campaign Financing. Subdivision 1. Eligibility. Makes a council candidate eligible for $20,004 in public campaign financing if the candidate has: (a) filed a petition or affidavit of candidacy, (b) filed an agreement with the ethical practices board to limit spending, and (c) raised at least $2,500 fruut eligible voters in the state, counting only $Scvvoter. Subd. 2. Agreement. Permits an eligible council candidate to receive public campaign financing if the. candidate files an agreement to limit spending to $47,000 and e aired $2 , 500. candidate has raised th ' the Bement that th required states in agr eement Subd. 3. Funding. Requires the council to provide the public .campaign financing funds and authorizes the council to levy a property tax to raise the funds needed. The levy is in addition to the cnuncil's existing levy. Subd. 4. Return of Public Funds. Requires public campaign funds not spent to be returned. Requires all public campaign funds to be returned if expenditures exceed the agreed upon limit. 27 Contribution Limits. Limits individual, political committee or fund contributions to $1001 y ear. • 28 Metropolitan Council Members; Interest in ContractP Prohibits cuunuil e or ttin from a sale, lease, interest in or benefi mernhers from having a personal financial g contract of the council. Sets the penalty for violation as a gross misdemeanor. Research, Department Minnesota House of Representatives 600 State Office Building MRY 18 '94 09:33 FROM COLEMAN /CHRISTISON TO 02W - NO/NO MET PAGE. ©©8 S. P. 2015, fourth engrossment March 30, 1994 Page 7 Section 29 Duties of Ethical Practices Board. Subtllvision 1. Rcquixes the board to provide advisory opinions amd to exern -pt . persons from disclosure requirements, the same as it does under chapter 10A. Subd. 2. Pequires tbe• hoard to develop forms. 30 Prosecution of Violations. Provides that the county attorney for the county in which the defendant resides shall prosecute a violation of any criminal provision in sections 12 to 30. 31 Voter Education. Subdivision 1. Voter's Guide. Requires the council to mall a voter's guide to each household in a district in which an election is scheduled. Requires the gu to i cation. Sp the minimum contents Of the a s before. the el mailed at lea..t ..1 d y 1� l i voter's guide. Sabd. 2 . Public Access Cable TV. Requires the council to arrange for council candidates to have equal access to public access cable tv for campaign purposes. Subd. 3. Council Recovery of Costs. Provides for the council to deduct the costs of the voter's guide and cable tv access from c;auipaign financing provided to the candidate. Requires candidates not receiving public campaign financing to reimburse the council for the candidate's share of the costs. 32 Transitional salaries of members. Provides for metropolitan council members elected to serve beginning January 1995 to receive an awtial salary of $35,000 until otherwise set by the council. 33 Continuation of terms. provides for the appointers chair and members of the council to continue to serve until January 1995. 34 Metropolitan executive' director. Provides for the executive director of the metropolitan council to serve as regional administrator (created in article 2) at the - pleasure of the council. 35 Repealer. Repeals section 473.123 subdivibivu 3 (rclatina to appointment of metropolitan council members), subdivision 5 (relating to council members duties and compensation, portions of which were incorporated into subdivision 4 in this article), and subdivision 6 (relating to the e.xectitive director of the council). 36 Application. Provides for articla 1 tv apply in the srvcn -county metropolitan area - Roccarch oepartment Minnesota House of Representatives boo State office Building MA`s' 18 '94 09:36 FROM COLEMRN/'CHR I ST I SON TO GW ti0 MET PAGE . © ©9 S. F. 2015, fourth engrossment March 30, 1994 Page 8 $ ecb'on 37 Effective dates. Provides for sections relating to the activities of an elected metropolitan council to be effective the first Monday in January 1995. Provides for sections rclating to the election of metropolitan entineil members to be effective June 1, 1994. Note on penalties: A petty misdemeanor is not a crime and carries a maximum fine of $200. A misdemeanor carries a maximum fine of $700 or 90 days or both. A gross uusdomeanor carries a maximum fine of $3000 or tip to 1 year imprisonment or both,. Article 2 Regional Administrator, Transitional Organization Regional administrator. Requires the metropolitan council to appoint a rcgionail administrator to serve as the principal executive officer for the council and at the council's pleasure. Makes the regional administrator responsible for carrying out policy dm ions of the council and organizing the work of the rruincil, including hiring and firing of employees. Adds section 473.125. 2 Tramitional organization. Subdivision ll. Period of effect. Stites that section ?_ is effective June 1. 1994 and expires the fast Monday in January 1996 unless otherwise expressly provided (only subdivision 3 provides otherwise). Subd. 2. Divisions. Provides for the metropolitan council to have four divisions: lraasportation, cnvironmental, community development, avid administration. Subd. 3. Regional administrator and manageureut team. Frovidcs for the regional administrator W recommend and for the council to approve the directors of the four divisions and the managers of the transit and wastewater services o perations. Provides for the four directors, two managers and the general counsel of the metro me council to serve at the pleasure of the council and act as the Po litan council senior management team. Provides for this subdivision to be effcctive the first Monday in January 1995. Subd. 4. ` Council committees. Requires the metmpolitan council to have a transportation division committee, an environmental division committee and a community development committee. Requirm each division committee to meet regularly to oversee the operations of its respective division and to recommend policy to the full council. Research Department Minnesota House of Representatives 600 State Office Building MAY 1S 1 94 09:37 FROM COLEMAN /'CHRIST 1 SON TO OW - NO/NO MET PAGE . ©1© 1 F. 2015, fn:irth emerncsment Mair-h 30, 1994 Page 9 Section Subd. S. Interagency money transfers. Prohibits transfers of £ends from accounts of a metropolitan agency's successor's funds or accounts without ten days' written notice of the proposed action to each council mcmbcr and three - fourths approval of the full council. 3 Metropolitan waste control comtriiscion abolished, successor, personnel. Subdivision 1. Metropolitan waste control commission. Providcs for the trims of the metropolitan waste control commission members and chair to expire on the effective date of this section (June 1, 1994). Prohibits termination of permanent or regular emisiny".R, except for canoe, before: the first Monday in January 1996. Abolishes the metropolitan waste control commission and transfers it duties and Iespu sibilides tv tlic lilt aoV i.;uu A:il. Subd. 2. Union rights preserved. Preserves the rights of employees under the terms of a collective bargaining. 4 Metropolitan Council Employees. Prohibits layoff or discharge (except for cause) of council employees before the first Monday in January 1996. 5 ' Application. Provides for article 2 to apply in the seven- county metropolitan area 6 Effective dates, Makes section 1 effective the first Monday in January 1995, section 3 effective June 1994, section 2 effective as provided in section 2, and section 4 effective the day after final enactment. Article 3 Clarifying and Conforming Changes 1 Local guvernmenlal expenditures for Iobbyists. Staes regional transit board (which is included in the definition of metropolitan agency) and inserts metropolitan council in the provision requiring governmental entities to report to the. state auditor their lobbying expenditures. Amends section 6.76. 2 Public umcial. Strikes rok- ronccs to specific metropolitan agencies and inserts member, regional administrator, division director, general counsel, or operations manager of the metropolitan council or member or chief administrator of a metropolitan agency in the definition of a public, official for purpe.c cif tbe.. Sov&mment ethic -c law, Amends section 10A.01, subdivision 18. Research Department Minnesota House of Representatives 600 State Offing Ruikfing MAY 18 '94 09:37 FROM COLEMPN/CHR I ST I SON TO OW N0ZNO MET PAGE . 011 S. F. 2015, fourth engrossment March 30, 1994 Page 10 Section 3 Definitions. Strikes references to specific metropolitan agencies and inserts metropolitan agency in the open appointments law. Amends section 15.0597, subdivision I. 4 metropolitan officers. Strikes the chair of the metropolitan wasw coutrol co from the section providing for the governor to set the salary of the chair within a range set by the legislature. Amends section 15A.081, subdivision 7. g Technical advisory committee. Strikes the metropolitan waste control commission and inserts council in the section directing the Minnesota pollution control agency to establish a technical advisory committee for rules governing waste'w'ater treatment control. Amends section 1 15.54. 6 Definitions (pollution control agency). Strikes metropolitan waste control commission and inserts the council in the definition of a municipality in the stave water pollution control program. Amends section 116.16, subdivision 2. 7 Definitions (PCA financial assistance program). Strikes metropolitan waste control commission from the definition of a municipality. Amends section 116.182, subdivision 1. 8 included employees (state retirement system). Strikes reference to the metropolitan waste controi commission in the list of employees included in the state retirement system (leaving employees of the council and other metropolitan agencies). Amends section 352.01, subdivision 2a. 9 Excluded. employees to ees (state retirement system). inserts a reference to the successor to the meuvpolitan waste control commission in the paragraph relating to members of trades employed by the commission. Amends section 35 2.01 , subdivision 2b. ip Coverage (unclassified employees retirement program). Strikes provisions for coverage of employees of the metropolitan waste control commission. Inserts provisions for covctagc of the regioaal administrator or executive director, divi.cinn directors, operation manager, general counsel, and others - as designated by the metropolitan council. Amends section 352D.02, subdivision 1. 11 Minneapolis retirement allowances. Strikes the metropolitan waste control conuuission and inserts the council in the detnition of public cnrporatiou. Amends section 422A.01, subdivision 9. 12 Contributions by metropolitan airports commission and metropolitan council Requires the council instead of the waste control commission to pay to the Minneapolis employees retirement fund annual amounts of unfu,tuirri actuarial accrued liabilities attributable to the waste control commission. Amends section 422A.101, subdivision 2.L Rpqmrch Department . Minnesota House cf Representatives 600 State office Building MAT 16 '94 ©9 FROM COLEMAN.'CHRISTISON TO OW NO/'NO MET PAGE. 012 S. F. 7.015, fourth engrossment March 30, 1994 Page 11 Section 13 Municipality (definition for capital intensive public services; private suppliers). Strikes the metropolitan waste control commission from the definition of municipality for the purposes of allowing municipalities to contract with private vendors to provide capital intensive public services. Amends section 471A.02, subdivision 8. 14 Metropolitan agency. Strikes metropolitan waste control commission from the definition of a metropolitan agency. Amends section 473.121, subdivision 5a. 15 Metropolitan disposal system. Strikes reference to the waste control commission and inserts council in the definition of the metropolitan disposal system. Amends section 473.121, subdivision 24. 16 Creation. Establishes the council as a public corporation and a political subdivision of the state. Amends section 473.123, subdivision 1. 17 Powers of the metropolitan council. Subdivision 1. General powers. No changc. • Subd. 2. Employees. Requires the council to prescribe terms and conditions for employment, including adopting a compensation and classification plan, for its employees. Strikes references to officers and agents, filing of performance and fidelity bonds, aid iCfCieiices to employees not being govctncd by state employee rules. Subd. 3. Consulting contracts. No change. Subd. 4. Gifts and appropriations. Strikes the requirement that the council deposit all fuutls it ieceivcs in the state treasury subjcct to an annual appropriation to the council. Subd. S. Loral government participation. Strikes the requirement that the council provide office space to a federal employee assigned to the region under the federal Dculuu5uatiou City Act of 1966. Subd. 6. Participation in metropolitan area commissions and boards. Strikes references to - ,W.ific metropolitan agencies and inserts a single reference to each metropolitan agency in the provision requiring the council to appoint a member to serve as liaisuit with other metropolitan agencies. Subd. 7. Property. New. Allows the council to own or hold personal or real proprty. (This subdivision is based on the metropolitan transit commission's power to own and operate property.) i Rpsa_arch Department Minnesota House of Representatives 600 State Office Buitding MAY IS '94 09:39 FROM COLEMAdZCHRIST 1 SON TO OW NC tJ0 MET PAGE. 013 S. F. 2015, fourth engrossment March 30, 1994 Page 12 Subti. R. insurance. New. Permits the council to provide for self insurance or otherwise provide for insurance relating to its property, rights, revenue, workers compensad(xi, atc. {'Ms subdivision is based on the metropolitan transit commission's insurance provision.) Subd. 9. invpctigations. New. Permits the council to enter onto property without the entry being a trespass for purposes of investigation and examinations necessary to the performance of cl1G c d uties. uties. Provides for the council to be liable for any actual and consequential loss, injury, or damage from the entry. CMis subdivision is based on the investigation powers of the regional transit board. Amends section 473.129. 1$ Budget Strikes the requirement that an increase of over $10,000 in the council's adopted budget be approved by the council before the increase is allowed or the funds are obligated. Adds R mquirement that the council's budget show for each year the estimated operating revenues, capital improvement funds, and sources and uses of passthrough funds. (This iequircnient is taken from the metropolitan agencies budget section, section 473.163.) Amends section 473.13, subdivision 1. 19 Accounts; audits. provides for the regional administrator or designee to countersign checks issued by the council, in place of the director or the assistant director. Amends section 473.13, subdivision 4. 20 Requirement (council policy plans). Requires the council to adopt long range comprehensive policy plans for airports and wastewater treatment. Amends section 473.146, subdivision 1. 21 preparation and adoption (solid waste policy plats). Strikes references to the affected metropolitan agency and obsolete language relating to interim policies and plans. Amends section 473.149, subdivision 3. 22 nmanclal reporting and management advisory committee. Strikes references to the chair of the waste control commission in the section requiring the council to form a financial reporting and management advisory committee. Amends sections 473.1623, subdivision 2. Financial report. Changes the date from February to December of even -numbe red years as the date the council must submit its financial report to the legislature. Changes three oars ' and thr ed m the report to be two : precedi Y the ears to be cover po ears prec Y years the year in which the report is made. Amends section 473.1623, subdivision 3. - B��cl9ri en Minnesota House of Repre sentatives 600 State office g fin n p srtm t a � MRY 16 '94 09:39 FROM COLEMAW'CHRIST1SON TO GW-NO/NO MET PAGE. 014 S. F. 2015, fourth engrossment March 30, 1994 Page 13 • Sec tion 24 Payment of metropolitan council costs. Strikes references to the parks and open space commission and the waste control coruTdssion and inserts the sports facilities commis5iun in llie provision requiring specified metropolitan agencies to reimburse the council for costs incurred by the council in performing work for the metropolitan agency. Strikes obsolete language relating to costs incurred in 1976. Amends section 473-164. 25.27 Metropolitan parks juxi open space commission. Strikes references to section 473.123, subdivisions 3a, which provides for an appointed metropolitan council. Strikes reference to chapter 351 in the provision governing removal of a commission member. Amends section 473.303, subdivisions 4, 4a. and S. Metropolitan Waste Control Amendmea s 28 -34 General powers of council. Strikes the metropolitan waste control commission from the provisions describing the powers of the e.nuncil or the commission with regard to waste control operations. Powers include: to adopt rules; to accept gifts, grants, and loans; to act under a joint powers agrmaicut; to acquire and dispose of property; to construct and maintain facilities. Amends section 473.5134, subdivisions 4, .,, 6, 9, 10, • 11, and 12. 35 -38 Sewer service function. Provides for the council in place of the waste control commission to assume ownership of all inwr"ptors and treatment works needed to implement the council's plan for waste control. Provides for the method of acquisition and credit to local governments for current value of systems acquired. Amends section 473.511, subdivisions 1, 2, 3, and 4. 39 Labor provision. Provides that a trade union ciuployac of the formcr waste control commission who, on the effective date of this section, is employed by the council is excluded from the Minnesota state retirement system if -the employee chose so previously. Amends section 473.512, subdivision 1. 40 Municipal plans and programs. Substituits ijw council for the waste control commission in the provision requiring local "goverunents to adopt waste control plans. Amends section 473.513. 41-43 Sewage collection and disposal; powers. Permits the council to discharge effluent and require and prohibit discharges into the mctrupulitan disposal system. Amends section 473.515, subdivisions 1, 2, and 3. 4445 Enforcement of pretreatment standarcic and requirements. Substitutes the council for the waste control commission in the provisions defining violations and providing for criminal and civil enfun:eweut of wastewatcr discharge stand" and laws. Amends section 473.5155, subdivisions I and 3. Roucarch Dopartment Minnesota House of Representatives 600 State Office Building MAY 18 '94 09 :40 FROM COLEMAN /`CHRISTISON TO OW NO /tAO MET PAGE. ©10 S. F. 2015, fonrth engrossment March 30, 1994 Page 14 ' • Section 46-50 Waste facilities; sewage sludge dispo p ermits di co u n cil of sewage sludge�5irikes construct, maintain and operate facrlr es to p rocess or reference to conforming with the waste control implementation plan. Permits local governments to impose conditions on construction and operation of facilities to the extent authorized and approved by the council and pvlluuun control agency. Permits the council to contract with a person to use sludge ash in manufacturing. Amends section 1 2 3 4 473.5I6, subdivisions > and 5. current cos t. Defines current costs of the metropolitan disposal system Lion of carp .55 All ocation . SX d may not exceed � ear. Provides =t the wutwgeu�y fun y each to be paid by the counc y an amount equal to 7.5 percent of the council's waste control operating budget. Describes low current costs are to be allocated by the council among system users. ct t.he, council ru es to assa.. performing commute to est ablish adv isory Permits the council its waste control duties. Amends section 473.517, subdivisions 1 2 3, 6, and 9. po llution iiution control act amendments of 1972; system of charges. Requires the council to review local charges to assure ultimate system users pay proportionately. Amends section 473.519. 57 Payments to commission. Provides for the council to deiermiuc wiieu local s governments must pay and requires local governments to pay when c ounc il determine . Preserves powers of municipalities under other laws in order for local governments to accomplish duties placed on them by the council. Permits the tolmcil to require a levy to make up deficiencies. Amends section 473.521, subdivisions 1, 2, 3, and.4. 61.62 Contracts for construction materials, supplies, and equipment. Provides that all contract for construction work or purchase of rnaterials, supplies, or equipment relating to the mctropolitonn disposal system are subject to the provisions of the uniform municipal contracting law. Specifies the bidding procedures for contracts subject to the sealed bidding requirements (contracts over $25,000). Amends scctiou 473.523, subdivisions 1 and 2. 63 Capital improvement program; budget. Requires the council to prepare a capital improvement program and budget for the metropolitan disposal system. Requires debt issued for metropolitan disposal system facilities to ba rur projects identified in the adopted capital improvement program and budget. Strikes references to the implementation plan. Amends section 473.535. 64 Debt obligations (emergency certificates of indebtedness). Strikes references to the waste control commission and inserts the council in the provisions permitting the I � council to issue debt and make emergency appropriations to meet unforeseen needs in the waste control system. Amends section 473,541, subdivision 2. is Research Department Minnesota House of Representatives 600 State Office Building MAY 18 1 94 09e41 FROM COLEMAN/CHR I ST I SON TO GW NO/NO MET PAGE. 016 S. F. 2015, fomth engrossment March 30, 1994 Page 15 Section 65 Depositories. Permits the council to designate a bank as the official depository for council funds. Amends section 473.542. 66-69 Moneys, accounts and investments. Provides for moneys from waste control operations received by the council to be deposited or invcsted as the council directs. Amends section 473.543, subdivisions 1, 2, 3, and 4_ 70 Property exempt from taxation. Provides that council property for waste control purposes is tax exempt. Amends section 473.545. 71 Tax levies. Permits the council to levy for debt service of the metropolitan disposal system and local government deficiency payments. Amends section 473.547. 72 Relation to existing taws. Strikes reference to the waste control commission in the section stating that powers conferred on council for waste control do aot diminish or supersede- pollution control agency powers. Amends section 473.549. Other Amendments 73 Solid waste facilities; review procedures. Strikes reference to a waste control commission implementation plan in the section governing operation of solid waste facilities. Amends section 473.823, subdivision 3. 74 Metropolitan system plans. Strikes reference to the waste control commission's capital budget in the definition of metropolitan system plans under the metrupulitau land planning act, and inserts a reference to the capital budget for metropolitan wastewater service. Amends section 473.852, subdivision 8. 75 Private sewer facility. Strikes reference to the waste control commission and inserts the council in the definition of a private sewer facility under the meu-ugulitan land planning act Amends section 473.852, subdivision 10. 76 Repealer, Repeals the following sections: 115A.03, subdivision 20, defining the metropolitan waste control conulrission; 115A.33, governing supplementary review by environmental duality board of sludge waste facilities; 473.19.1, subdivision 21. defining the metropolitan waste control commission; 473.122, stating the purpose of creating the metropolitan council as an administrative agency; Pt-search Department Minnesota House of Representatives 600 State Office Building MAY 18 '94 09'-41 FROM COLEMANrCHRISTISON TO OW NO /NO MET PAGE.017 S. r. 201.5, fourth engrossment March 30, 1994 Page !ti 473.153, relating to comprehensive disposal facilities plan for sewer sludge and solid waste from sewage. treatment; 473.325, subdivision 5, an Obsulcte provision relating to a 1974 reappropriatinn of funds appropriated in 1973 for parks and open space; 473.501, subdivision 2, defining the waste control commission; 473.503, establishing the waste cuiatrol commission; 473.504. snhdivisions 1, 2, 3, 7, and 8, relating to generai powers of the wasto control commission, including general powers, court actions, contracts, and research; 473.511, subdivision 5, relating to contracts bctwccn local government units in 1971 for the use of the disposal system; ' 473.517, subdivision 8, relating to allocation of costs to municipalities served by the former Minneapolis -St. Paul sanitary district; and 473.543, suhdivision 5, requiring the state auditor to audit waste control commission books each year. 77 Application. Provides for this article to apply in the seven county metropolitan area. yg Effective date. Provides for section 19, relating to actions of the regional a cluiiuistrator, to be effective January 1, 1995. Fh-ovides for the remainder of the article to be effective June 1, 1994. Article 4 Citation 1 Provides that this act is titled thu "Metropolitan Reorganization Act of 194x." Research Department Minnesota House of Kepresentatives Goo State Otfice Building * TOTAL PAGE.017 dr w, STATE OF MINNESOTA t ••. 3' OFFICE OF THE GOVERNOR 130 STATE CAPITOL SAINT PAUL 55155 ..lase ARNE H. CARLSON GOVER.%OR May 9, 1994 The Honorable Iry Anderson Speaker of the House of Representatives 463 State Office Building Saint Paul, Minnesota 55155 Dear Speaker Anderson: I have vetoed and am returning Chapter 594, House File 2171, a bill relating to affordable housing. Chapter 594 is in large part identical to Chapter 234, which I vetoed last year. Like last year's bill, Chapter 594 would require the Met Council to establish "comprehensive choice housing allotments" for cities and towns throughout the metro region. The Council is already in the process of conducting an affordable housing survey. This bill's allotments, or quotas, would only serve to create a mechanism through which penalties could be imposed upon those communities that fail to meet the Council's mandates. Penalties are inappropriate, as are unnecesary legislative mandates such as this. Chapter 594 is also unacceptable because it requires the Metropolitan Council to prioritize its allocation plan in inverse proportion to the percentage of affordable housing available. Instead of focusing its housing efforts on areas where jobs, transportation, and other essential services are available, the bill forces the Council to direct its resources in -o those areas with the least amount of low- income housing, which may also have the least number of jobs. The Council must have the flexibility to concentrate its efforts where it can achieve the best results. In addition, Chapter 594 is largely unnecessary. It simply mandates activity that is already underway. Moreover, I have already sign into law Chapter 577, which requires the Council to study the costs and benefits of affordable housing alternatives. I have also requested housing vouchers from the U.S. Department of Housing and Urban Development to assist 100 families to relocate. While these efforts are a good start, the real solution lies in attacking the a� uses of poverty, not just the results. ;512) 296 -3391 - Voice AN EQUAL OPPORTUNITY EMPLOYER (Fil) The Honorable Iry Anderson Veto Message Chapter 594 May 9, 1994 Page Two of Two I am deeply disturbed by the lack of any serious attention to the real causes of poverty in the core cities. Economic development, workers' compensation and welfare reform have been ignored. In fact H.F. 2758/S.F. 2570, a bill addressing those important issues, was never even given a hearing. Separate workers' compensation and welfare reform bills died for a lack of legislative leadership. Solutions to these problems will help people move up and out of poverty, rather than just helping them move. Warmest refrds, V H.RLSON Governor c: Senator Allan Spear, President of the Senate Senator Roger Moe, Majority Leader Senator Dean Johnson, Minority Leader Representative Steve Sviggum, Minority Leader Chief Senate Author(s) Chief House Author(s) Mr. Patrick E. Flahaven, Secretary of the Senate Mr. Edward A. Burdick, Chief Clerk of the House Ms. Joan Anderson Growe, Secretary of State 41S. Tuesday /May 10/1994 /Star Tribune Carlson vetoes bill that targeted low- income housing dispersal g Along with vetoing the $22 million vetoed by Carlson last year — critics in their communities, they don't level of overspending" and that it ■ Establishing one -stop licensing for park shelters and evacuation plans. health and human services bill Mon - say the Orfield bill represents a step want them associating with their chil- would add $64 million to the deficit business - related licenses and permits. Carlson said that he appreciated the day, Gov. Arne Carlson rejected six in that direction. dren," he said. that could face the state if he doesn't Carlson said a study already is under- intent to protect consumers but that others, including one that was de- veto a number of bills. way, so signing the bill without bene- state agencies are asked to conduct signed to help distribute more low- In vetoing the bill, Carlson said, Orfield said effective solutions to the fit of the recommendations would be too many studies. income housing throughout the Twin "The real solution lies in attacking area's housing needs won't come Carlson also vetoed bills: premature. Cities metro area. the causes of poverty, not just the while Carlson is in office. "I think ■ Establishing simulated elections results." that the governor has shown unwill- ■ Putting $75 million from the IS Requiring the installation of auto- for minors. He said that teaching The housing bill, sponsored by Rep. ingness to deal with this issue in any state's general fund into a new health matic sprinkler systems in certain students about the electoral process Myron Orfield, DFLMinneapolis, But Orfield said last night that the form," he said. "We tried all session care fund. The transfer would have existing buildings. Carlson said it is laudable, but that the program would have had the Metropolitan veto was simply an indication that to find a compromise, and his answer temporarily solved a shortfall in the would "impose a huge cost on cities "could easily become a partisan tool Council conduct a thorough study Carlson is unwilling to challenge resi- was'Nothing, No time. Never." state's subsidized health insurance and make publicly assisted housing rather than an educational aid." and draft goals or allotments of how dents of the wealthy southwestern program for low- income people. even more difficult to provide." He much low- income housing each com- subu -b: who oppose development of The health and human services bill also noted that schools in Burnsville, Unless Carlson calls a special session, munity or suburb should have. low- omr housing in their commu- vetoed by the governor contained "While this is a laudable goal, we Minnetonka and Edina where fires his vetoes will nullify the bills. nitir money for child care for low- income simply do not have the money avail- . were set recently would not have While it lacks penalties for noncom- parents and for reimbursing hospitals able to create such a fund, nor do we been covered by the bill. Prepared with staff and wire reports. pliance with the allotments — penal- "Th , don't want them going to their caring for low- income patients. He have a revenue source identified to ties were contained in a similar bill schools, they don't want them living said that it "contains an unacceptable maintain this fund," Carlson said. ■ Requiring a study of mobile home Star Tribune /Friday /April 29/1994 �.6B Metro suburbs lag in creatin affordable housin stuff says g Y .r By Steve Brandt r T r housing desegregation in the suburbs. The study says there are other barri- director. Staff Writer (` lOW M lit 11 1t �1$�11� in � t�i@ Sll�lUr 8 :; ers to creating more affordable hous F Zoning 8dtttkli6t t lV98f1d f6A pfett eeS have festdCt9d thA availablilty of The cities studied include Maple ing, such as higher property taxes on Plymouth tried unsuccessfully to:Snd Developing Twin Cities suburbs find tltotl6J tZOU8it1g1r1tenTWln Cities suburban Grove, Plymouth, Minnetonka, Eden rental property, rapidly rising land developers interested in creating- af- haven't created enough affordable ybjpmunit199 }�dUt" t¢b tjeNTStudyBeCause,thAre (S not enough Prairie and Woodbury, all of which prices, negative community attitudes fordable housing for senior citizens 4n omep housing for the low- and moderate- ( ✓ceople`already livin have been criticized by housing ad and tight municipal budgets that en but ended up doing the job itself and g 1n these - - income residents they have, much CWnttlut�; Ufere opppj(unity for people who Want io leave. vocates. The others studied were Edi- courage upper- bracket homes that using most of its housing levy,: she less those who want to escape povor Wittt cpti�rttrated poverty ' �+ " na, Shakopee, Coon Rapids, Burns yield more property taxes. said. "That's coming tight out of ty- stricken core -city neighborhoods r °t"isa `' r vi11e and Lakeville. property taxes, and most cities; are according to a new study of 10 such stosotil�nw), t^+ r�r H ous3twtds Substdlzed Affordable Indeed, Minnetonka officials told not going to have the resource s to do communities. pOVeffi units,, units Maple Grove ranks lowest in its Metropolitan Council housing offs- that, let alone the will." M Bu t 3 8% 3 7% 1.9% ff share of federally subsidized housing cials earlier this week in an informal The study provides fresh ammunr .,� r -Y . ;' and also in the amount of housing discussion among suburban officials The study concludes that local gov- tion for those pushing at the State i' flapld$ x ,'�,'f B :-._ ` �, ..� ,. S•6.'" affordable to families making half or that it is hard to find a lot in the city ernments haven't made low -cost Capitol for legislative approaches to ; Eden Prairie 3.1 2.8 1. 8 less of the region's median income. that costs less than $90,000 and that housing development a priority and dealing with housing choice issues r "Edina { 1,� 2.0, ��'' City Administrator Jon Elam called that alone inhibits affordable hous- that current regional policies lack suf- for the region's low- and moderate the city's subsidized housing perfor- ing. frcient incentives or penalties to as- income population. Lakeville 3.2 1.4 1.2 mance "embarrassing and pathetic." silt them. A bill championed by i...., ram m e +' Aiap {ei3rOVe, 2 ; „ 04 02 However, the study noted that Min- Rep. Myron Obeid, DFLMinne- A weakened bill that would require f ` The city recently appointed a task netonka's minimum lot size for sin- apolis, originally would have used af- the Minnetonka 2 2 1 9 1 6 force to address affordable-housing e famil homes is 22,000 square penalties fo d ble- hou n sing goalsfor t each t city G:P {Yrnalttt $ 1 3 d 8 issues and is talkin Minnea , feet —about three times what the edtoc eat motivate cities, then �` g with po pool of money to and identify barriers to achieving Shakopee 6.3 6.2 5.8 ` Its housing officials about coopera- Metro Council recommends — and help affordable housing develop- them is awaiting Senate action and a yV�oodbury �z�7g 8 g live approaches. It also is discussing that lot sizes have increased 22 per- ment. Both ideas were stripped from 7,7 likely veto. This session saw a shift the possibility of earmarking 10 per- cent since the council recommended the bill in an effort at compromise. ing of the debate from whether there r g cent of the units in housing develop- that standard. Minimums r the nine is a lack of affordable suburban hous Metropolitan Average 7.9 4.9 5.8 ments for affordable housing. other communities range from 9,000 The study lists several potential strat- ing to how to fill the need. -Vr to 15,000 square feet. egies. They include property tax relief i "There's slot of disc To7bwdncotiefam> r 3oekot8teme�enfami rrre u In general, the study finds that many for rental housing to reduce the sub - y disagreement about ouoi , r local land -use practices — including The study focuses on housing afford- sidy needed for affordable apart- the remedies," said Barbara Luker l3olrroes Unitetl Stales CenSusaf popt4atlon X990 Metropolitan C 4"liV restrictive zoning laws, burdensome able to people earning less than half ments, more flexible local zoning mann, a co-author of the report and a antl Aet fevelop 1t7ttWftty f administrative practices and devel- of the region's median income, who laws, local policies to prevent cor.- University of Minnesota fellow with '4 r rz'f Ar opment fees — restrict the amount of often pay more than half their in- centrations of poverty and a regional rlbune:Grephk amore than 35 years of academic and. affordable housing for people with come for rent. "A city government funding pool to reward communities private planning experience. below- average incomes. The study on its own is not going to be able to that diversify their housing stock. tailed studies of land use and tegula- assertion that federally subsidized defines affordable as not costing provide housing that's affordable to , study, conducted for the Legal tory practices in the 10 cities. The housing in Minneapolis perpetuates more than 30 percent of one's in- those folks," said Anne Hurlburt, Aid Society, is based in part on de- society has taken to the courts its racial segregation. It is asking for come. Plvmouth communit%r development League of Minnesota Cities Cities Bulletin • Number 14 May 11, 1994 Governor sig omnibus tax compromise g � Gary Carlson and Sarah Hackett The final compromise was delayed by The bill will have a significant the controversy surrounding the bearing on city finances. It will cover The Tax Conference Committee elimination of the local government any shortfall in the local government reached an agreement on Friday, April trust fund and the demands of the trust fund as long as the shortfall does 29, on the differences between the governor related to federal income tax not exceed two percent of the estimated House and Senate omnibus tax bills. conformity. biennial trust fund revenues, or approximately $36 million for the 1994 -95 biennium. If the November The 1994 tax law at a glance state revenue forecast projects a trust fund shortfall larger than the two percent threshold, the state will make The conference committee report on the omnibus tax bill was approved automatic cuts in local government aid by both the House and Senate on Monday, May 2. "I1rc House passed the (LGA) and homestead and agricultural conference report on a 117 to 16 vote and the Senate passed the bill by a 58 credit aid (HACA) to cover the excess to 8 vote. Despite his dislike for property tax relief programs such as local shortfall. government aid (LGA), Governor Carlson signed the tax bill into law on The March forecast indicated that Tlrurs May 5. the trust fund shortfall would be $29.5 For cities, the highlights of the bill arc: million, which is well within the two • General fund transfers that will cover up to $36 million of any percent threshold. However, recent projected shortfall in the local government trust fund (LGTF). This weakness in actual sales tax collections means that cuts in December LGA and HACA are not likely. may indicate that the November • A two percent LGA increase for 1995 and an automatic inflation shortfall estimate could be higher. increase for future years. • The elimination of the LGTF on July 1, 1996. Local government aid • No new penalties on tax increment financing. The LGA appropriation will • A phase -down of the sales tax rate on new and replacement capital increase by two percent, or approxi- equipment. mately $6.6 million for the 1995 aid ® A $2.2 million general fund appropriation for the Board of Govern- distribution. The 1995 LGA formula ment Innovation and Cooperation. will include several modifications from In addition, state bonding will provide an additional $1.5 million for the legislation enacted last year. The contamination cleanup grants. This grant program, part of the 1993 tax bill, formula will no longer phaseout the is administered by the Department of Trade and Economic Development. LGA grandfather but will instead These bond proceeds will be added to a 1993 general fund appropriation of $2 million. 0 See Tax bill, page 5 Page 3 - Open m eeting law Page 4 - Landfill cl eanup Route to: Some of the changes in the open Proposed law would bring to an - - - - meeting law will benefit cities. end Superfund litigation. - r 1994 top issues The League of Minnesota Cities has Contents eight priority issues for the 1994 legislative session. We will include Govern or signs omnibus tax compromise ................................. 1 this list every week with a page ' The 1994 tax law at a glance I number after the issue if we include a .... ............................... Some open meeting law amendments benefit city officials ...... 3 story. Major transportation funding proposals fail again .................... 3 Landfill cleanup bill passes, not yet signed ............................... 4 State Aid to Cities - Preserve 1994 State agency studies nonpoint pollution ..... ............................... 4 level and seek additional funding for League seeks members for Cities Week advisory future years for LGA and HACA. / committee 5 page I Action alert— Cities want access to new information superhighway ................... Local Government Trust Fund - ....................... Cities can choose election year Stabilize the LGTF and resolve the Annual conference registration fee assistance .......................... 7 current shortfall. / page I MPCA delays changes in permit fees ......... ............................... 7 Gettin the most from the media Open Meeting Law - Clarify require- ° ................ ............................... 7 Growth management project to convene focus groups ............. 7 ments and permit defense of alleged League creates new policy committees ........................... 8 and 9 violations. /page 3 State agency vacancies ............................. ............................... 10 1995 LGA estimates ................... Annexation - Preserve 1992 annex - ............. ............................... P I LMC legislative review ation amendments, expand cities Municipal ads ability to annex urban or urbanising 12 areas, and control growth in nonurban areas. Landfill Cleanup - Establish new program separate from Superfund to clean up closed municipal landfills. ! page 4 Public Employment Labor Rela- tions Act - Reform PELRA's interest arbitration provisions to balance the bargaining power of essential and The Cilirs Bulletin is a publication of the League of Minnesota ('ides and nonessential public employees. includes an update of state legislative, administrative, and congressional actions that atl'rct cities. It also includes reviews of metropolitan area issues by the Association of Metropoli- Development/Redevelopment - tan Municipalitics..The Cities Bulletin lists authors of bill summaries and some articles by their initials. Remove the aid penalties on TIF for manufacturing and redevelopment districts; obtain additional funding for League legislative staff members are available to answer your questions concern- pollution clean -up. / page I ing legislation relating to cities. Transportation Systems Funding - Executive Director Editors Typesetting and design Increase funding for roads and transit Jim Miller Jean Mehle Goad Gayle Brodt by extending the sales tax to gasoline; Tim Busse Laurie Audette or increase the gas tax and establish dedicated revenue for transit. / page 3 League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 Phone: (612) 490 -5600; Fax: (612) 490 -0072; TDD: (612) 490 - 9030; 1 -800 -925 -1122, plus your city code. Printed on recycled paper Page 2 LMC Cities Bulletin Some open meeting law amendments benefit city officials /nc l.1amnik chance that individual public officials .. no( liublic data" at public meetings by VioGtiolls of the %late olwn will halve to Ir ►v attorney fe". Also, letters or numbers that do not reveal Uir meeting law will be punishable by neither atlornev fees nor penalties may identity of the person involved. personal fines of up to $300 (currently be awarded unless the court finds that 'llic laws makes several other $100) under a new law that takes the official(s) had a specific intent to amendments beneficial to public effect August 1. The new law will violate the open meeting law. Finally, officials. One deals with the notice that allow awards to successful plaintiffs of the court may award attorney fees f must be given for emergency meetings. u to . 13 (XX) for attorney me fees. The defendants P ndant. u to l3 000 in frivolous A second clari " Y $ hex that th • (P ) e city may Minnesota Newspaper Association cases. hold more than one preliminary strongly supported these provisions. The law also clarifies that the court disciplinary meeting. The League, the Minnesota cannot impose forfeiture of public As a result of this new law, city School Boards Association, and other office as a penalty until after the third officials should protect themselves local government associations lobbied separately adjudicated violation. from specific intent violations by for other sections that will benefit local Consequently, plaintiffs will no longer always giving notice of closed meet - government officials. Not only does have an incentive to wait to sue until ings as required by law and never w c. la ca attorney fees for plaintiffs there are three alleged •' R P Y P a eked violations. closing meetings without consultm the at $13,(X)0, it allows the government to Further, the new law eliminates city attorney or other legal counsel 0 pay for them in full. This reduces the troublesome requirements to refer to Major transportation funding proposals fail again Sarah Hackett year he received Senate support for the Removin g the current constitu- indexing an. The Q g p e b as tax rate of 20 tional restriction would have Conflicting strategies policies g strate g and p res cents per gallon has not changed since allowed these revenues to be used about transportation priorities again 1988, and is generally viewed as for transit programs. stalled the progress of House and inadequate for constructing, recon- In order to link the gas tax index Senate transportation proposals. structing, and maintaining the state's and the transit funding, the House Advocates of road funding and those road system. (The Constitution gives proposal would have authorized the supporting transit funding locked cities with populations over 5,000 nine indexing only if the constitutional horns and both came out losers. This percent of revenues from gas taxes and amendment for dedicated transit stalemate was heightened by Governor vehicle registration fees for certain funding was successful. Carlson's opposition to tax increases high - volume municipal roads.) Earlier in the legislative session, of an , y kind, including a gas tax. As The House position didn't develop the House considered onsidered su ortrn p supp result, there will be no gas tax in- until very late in the session. Rep. extending the state sales tax to gasoline crease, no dedication of funding for Bernie Lieder (DFL- Crookston) (in addition to the existing gas tax) that transit, and no constitutional legislation • nsit authored that included a s a c� _ c ould be used for both roads and tr g undedicafion of' gas tax revenues in the tax indexing proposal similar to the one ro gms. Although Rep. Edwina P 1, a P metro area. in (lie Senate bill, but would also have Garcia (DFL - Richfield) hoped that the Although League policy now offered Minnesota voters two constitu- proposal could offer a funding increase supports a sales tax on gasoline, we tional amendments to increase transit mechanism to unite supporters of both had been supporting several of the funding. The proposed amendments road and transit, it ended up pleasing possible funding compromise options were: neither side. in order to provide new funding for • Dedication of 30 percent of the In addition, the constitutionality of roads and transit this year. state's 4.5 cents of the motor whether a `sales tax on gas' is merely a The Senate position in the vehicle excise tax (MVET) for gas tax,' and, therefore, whether it conference committee supported `' transit programs. Under this may be spent for non -road and transit indexing the gas tax (by 4.4 cents indexing plan, gas prices would purposes is still uncertain. The sales beginning: June' 1, 1994) and increas- have risen approximately 24.4 tax on gas was expected tci'raise ing general fund monies for public cents and the MVET dedication to approximately $184 million annually. transit by over 35 percent ($20 about $72 million. The failure of increased funding million). Sen. Keith Langseth (DFL- • Undedication of the gas taxes and for transportation purposes is expected Glyndon) has annually authored vehicle registration fees spent in the to be an election issue this fall. 0 legislation to increase the gas tax. This seven - county metropolitan area. May 11, 1994 Page 3 regulations and permits. In contrast, Landfill cleanup bill passes, unregulated sources a poll l ution ron rel ativel y e nre ulated from a ollen- tion perspective, according to the no , yet signed MPCA draft report. Some of the land use activities Joel Jamnik for response actions or clean up which contribute to nonpoint source at these facilities, and to begin pollution include: A three -year initiative to clean up cleanup activities as money is • urban development municipal landfills without use of the available. • animal feedlots very litigious and expensive Super- Requiring owners and operators • Pesticide and fertilizer use fund law has finally succeeded with at these facilities to undertake • construction site practices the passage ol' H.F.30R6. Governor specific actions, includin g • septic systems t Carlson has not yet signed the bill submitting a written waiver to • forestry and a veto is possible because the bill the state of any claims against • draining or filling of wetlands requires the preparation of an any other individual, business, In short, any human activity that enhanced Environmental Assessment or government for recovery of transports pollutants to ground or Worksheet prior to the construction environmental response costs. surface water other than through a pipe of a metal shredding facility in Reimbursing, after October generally meets the definition. Efforts Minneapolis. 1995, those who have already to reduce nonpoint source pollution The governor may also veto the paid for response cost actions inevitably impact cities because of our bill if he decides he doesn't like (with a deduction for owners and involvement in urban development another section of the bill which may operators but none for third issues both as providers of public finally resolve the long - running battle parties). services and regulators of the private between the governor and the Raising funds for cleanup sector. Legislature concerning the Office of activities and reimbursement The MPCA is holding a series of Waste Management staff who at payments by issuing $90 million meetings to discuss the state agency's various times have been totally in state bonds over the next 10 Plan for updated programs and new independent from MPCA, partially years and raising the state solid initiatives. These open houses are mixed with the MPCA, and totally waste assessment on nonresiden- designed for local officials, local within the MPCA. tial garbage collection from 12 resource managers, and citizens or The landfill bill is hoped to bring cents to 60 cents per groups who have an interest in to an end Superfund litigation which noncompacted cubic yard of nonpoint source abatement. Afternoon has already cost Minnesota's cities waste. sessions will involve a brief presenta- and businesses hundreds of thousands We will provide additional tion followed by open discussion, and of dollars. The central features of this guidance regarding this bill soon. In evening sessions will involve open complicated legislation are: the meantime, we advise any city discussions with no presentation. • Designating all permitted landfill considering settlement with landfill The open houses will be held at the facilities that stopped accepting trusts to not pay. Please contact me following locations, with the first P Y g P solid waste by April 9 , g any 1994. before makin settlement session from 3.00 p.m. to 50) p.m. and • Requiring the MPCA by January agreement regarding landfill re- the second session from 7:30 p.m. to 1, 1995, to prepare a priority list sponse cost litigation. 0 9:30 p.m. Rochester, June 13, 1994 Mankato, June 14, 1994 State agenc studies nonp p ollution Ma a, June e 1 19 19 b •� p r Alexandria, Junc 16, I )94 Joel Jamnik The issue of n Duluth, June 20, 1994 onpoint source Brainerd, June 21, 1994 pollution is difficult because it ad- Bcnttdp, June 22, 1904 Lrtgue staff recently received a dresses water pollution which is not Metro Area, June 23, 1904 first draft of a Minnesota Pollution caused by municipal sewage treatment information contact. r info Control Agency.(MPCA) report on a facilities or industries that discharge Dorothy For further Water Quality four -year nonpoint source pollution liquids through pipes into lakes and Division, Minnesota Pollution Control Agency, 520 Lafayette Rd., n Paul, management program to improve the streams. These "point" sources are state's water quality through the use of controlled by the federal and state MN 55155, (Laf Lafayette R 1 t nonpoint source controls. government by a complicated web of Page 4 LMC Cities Bulletin Tax bill governmental services. The index • Enacts a new sales tai e\entp)tion continued from page I cannot lie less than i _.5 percent nor fin purchases of firefighter establish file sum of 1993 LGA, greater than 5.0 percent per year. The personal protectiVe cyuil,ntcnt equalization aid and disparity reduction bill did not include I IAC'A in this (helmets, lxx)ts, gogolcs, etc.). aid as the minimum distribution for adjustment. • Requires the truth in taxation each city for 1995 and future years. All (TNT) notices to now include the appropriation increases since 1993 and Tax increment financing estimated percent increase in the any future increases in LGA will be In spite of concerted efforts by Minnesota personal income; this is distributed through the LGA formula. House Tax Committee Chair Ann Rest intended to serve as a comparison Additional formula changes will (DFL -New Hope), the final tax bill did to proposed changes in local limit the cities of Minneapolis, St. Paul, not include new penalties on TIF, property taxes (effective for TNT and Duluth to increases at the rate of county control of new and modified notices prepared this fall). the appropriation increase, or two districts, and volume limits. Because • Appropriates $2.2 million from the percent for the 1995 distribution. A of the strong anti -TIF position of the general fund to the Board of special provision will target additional House, no general improvements were Government Innovation and LGA to cities that transferred substan- made to the development and redevel- Cooperation for operation and tial general fund revenues to their opment tool. However, nine cities did distribution of grants in FY 1995. sewer and water enterprise funds. That receive special provisions for TIF • Sunsets the limited market value provision will affect an estimated 18 provisions enacted last year after smaller cities. A printout of the Other features assessment year 1997, which is estimated 1995 LGA distribution is Other features of the compromise one year earlier than the current included in this bulletin. on the omnibus tax bill: sunset. • Phases down the sales tax on new • Modifies and clarifies the "This Trust fund repealed and replacement capital equipment Old House" provisions that were The Senate's version of the from the current 6.5 percent to 5.5 originally enacted last year. omnibus tax bill contained a repeal of percent on July 1, 1994, and • Gives special service district the local government trust fund. This continues reductions annually, authority to three cities, new port provision became a major sticking resulting in a final 2.0 percent rate authority powers to another. 0 point in the conference committee on July 1, 1998. negotiations. Apparently, many House members were extremely uneasy about the trust fund repeal even though every major city and county organization testified before the conference commit- tee that they would not oppose the League seeks members for repeal of the trust fund as long as a more certain and stable replacement, Cities Week advisory committee such as the Senate LGA index, was enacted in its place. In the final compromise, the At it's April meeting, the League Board of Directors approved a conferees agreed to maintain the trust proposal to implement Cities Week. To begin, the League will create an fund for the first year of the next advisory committee whose -role will be to: biennium. The trust fund will officially • Define specific goals for educational materials sunset on July 1, 1996. All programs • Set a theme for the week currently funded by the trust fund will • Designate a week in September or October as Cities Week be transferred back to the general fund • Advise staff on materials cities would find useful in imple- at that time. In place of the trust fund, menting Cities Week the Legislature established a new If you or someone from your city is interested in serving on the inflationary increase for LGA and advisory committee, please contact Jean Goad at the League office several county aid programs. (612) 490 -56(x. This new index will be imple- The committee will meet once before the annual conference and- mented beginning with the 1996 aid one or two times during the summer. 0 distribution. The new index is based on the implicit price deflator for May 11, 1994 Page 5 ACTION ALERT Cities want access to new information superhighway Anti Higgins action. The National League of Cities access and programming on the local opposes the bill because it allows information infrastrucure. Please contact members of telephone and cable companies to offer Ask Senators Durenberger and Congress to oppose H.R. 3636, a hill cable, voice, and data services without a Wellston to support S. 1822. That bill which does not give cities a role in local franchise. maintains current regulation, meaning developing video, voice, and data The bill would pre -empt cities' that companies entering the telecom - services at the local level. ability to require telephone companies munications market with voice, video, The House bill, H.R. 3636, is now and other providers of new telecommu- and data services would be subject to on the House floor waiting final nications services to support community local franchising requirements. But, there is some doubt about whether telephone companies would be subject Cities can choose election ear to any local control. Y Ask the Senators to oppose the Ann Higgins election costs, designating election telephone industry's efforts to avoid local franchising particularly on the use On Saturday May 7, the district boundaries, administering Legislature passed S.F.1512 which combined elections in split precincts, of the public right -of -way. The Senate Commerce Committee may act be nat reserves city authority to hold and preparing precinct maps. The P Y Y elections in even- or odd- numbered secretary of state will also handle the Memorial Day recess. dispute resolution. New technology to deliver years. School districts and other P , , information services, whether by voice special districts will need to move The new law provides a transi- video or data will affect local y voice their elections to the fall beginning tion schedule for cities (and other v Cities want to work with the in 1998. local units of government) that private sector to set priorities and to Local oeneral elections for city choose to conduct local elections in r Y assure fair and non- discriminatory officials, school board members, and even - numbered years before 1995. access to the services and products officials of other political subdivi- available through this new information sions other than townships must be Absentee voting unchanged infrastructure. 0 on the first Tuesday after the first There were no changes to Monday in November in either odd- current absentee voting law. Current Name and phone number /fax or even - numbered years. Any absentee ballot requirements are in Senator Dave Durenburger primary election must be on the first effect for the 1994 state primary and (202) 224 -3244 Fax (202) 224-9931 Tuesday after the second Monday in general election. Senator Paul Wellstone September. Terms begin on the first (202) 224 5641 Fax (202) 224 8438 Monday in January. Term limits y "Cim Penn City election precincts and Proposals to am Rep, end the Minne- Rep. im Pen Fax (202) 225 -(X)51 polling places will be used and rota Constitution and limit terms of Dave Minge . Rep voters can't be required to vote in state and legislative officeholders Rep. 225 -2331 Fax (202) 226 -0836 more than one polling place when failed to reach the floor of the House_ mstad combined local government elec- or Senate. (202) Rep. Jim im Ra Ra 71 Fax (202) 225 -6351 tions occur. Other provisions Many cities sent resolutions to Rep. Bruce Vento require uniform dates for filings, legislators and city officials testified (202) 225 -6631 Fax (202) 225 -1968 notices, and candidate withdrawal. against proposals to limit the terms Rep. Martin Sabo The new law supersedes all of local elected officials when the (202) 225 -4755 Fax (202) 225 -4886 other laws and charter provisions. House Task Force on Term Limits Rep. Rod Grams No laws enacted in the future held hearings around the state during (202) 225 -2271 Fax (202) 225 -9802 regarding local elections may permit the session. Ultimately, the task Rep. Collen Peterson or require elections to be held in a force made no recommendation to (202) 225 -2165 Fax (202) 225 -15 . 93 different manner or date unless by the House on whether an amendment R Jim Oberstar SIX-cific exception to the new law. should Iv placed on the 1994 stale (202) 225 QI I Fax (202) _/25 009 The secretary of state will "Cneral election ballot. 0 establish procedures for allocating Page 6 LMC Cities Bulletin Annual conference registration fee assistance If you wish to attend the upcoming Getting the most from the media League of Minnesota Cities annual conference and are unable to do so Gary Gilson, Executive Director of the Minnesota News Council. is the because of funding, the following featured speaker of the second annual City C'onununicators Breakfast. assistance is available: Thursday June 9 at the LMC annual conference. Gilson will present his United Power Association (UPA) thoughts on Getting the Most frvnrthe Media. will contribute $50 to the first ten The breakfast is intended for any city official who has ever had a less - eligible cities — cities served by a UPA than- satisfying experience with the media. Gilson will discuss how to avoid member electric cooperative. repeating unpleasant experiences, and will look at the following topics: Minnesota Women in City How to hold the media accountable and make them take responsibility Government (MWCG) will provide Why reporters don't always get things right and what you can do about it two scholarships at the early registra- When letters to the editor are appropriate and who should sign them. tion rate. To be eligible you must be a Keeping score on the media: using city resources to set the record member of MWCG. Contact J. Diann straight Goetten, president, at (612) 473 -6633 Building credibility with the media, and why it's important for further information. Cost of the breakfast and program is $10. For more information or to Minnegaseo is offering a $50 register, contact Cheryl Weiler at the City of Golden Valley at (612) 593 - rebate per city they serve. To be 8000.0 eligible a city official must sign up at their exhibit booth. Northern States Power has also Growth management project to made a contribution to assist in rcg� Dakota Electric Association will convene focus groups donate $50 towards conference registration to cities they serve. Joel Jamnik planning and land -use management Contact Darlyne Lang at the system that leaves natural resources League office for further information. 0 The 1994 Legislature paid a great vulnerable to poorly managed land -use deal of attention to annexation and changes. Phase II of the project seeks growth management issues. Many to craft recommendations to improve metropolitan and Greater Minnesota how the state manages its land MPCA delays changes in cities have consequently indicated an resources. permit fees interest in the Environmental Quality We urge city officials to provide Board's Growth Management Project. their input and perspective to help build Joel Jamnik The EQB is inviting interested city effective and feasible recommenda- The MPCA has announced it will officials to help shape recommenda- tions. Focus group participants will delay modifying its water quality tions for managing land use changes in evaluate a range of alternative actions permit fees until September 1995. Minnesota. It is convening several and help reline the policy options. Earlier, the agency had proposed to focus group discussions to explore If you plan to attend, please change the fees in June 1994. growth issues and options for change. contact John Katz at (612) 297 -2604, The agency will continue to pursue The focus group sessions will be held: or send or fax your name, your desire a loading -based permit fee system for 0 Brainerd to participate, and which meeting you wastewater treatment facilities. Also, Thursday, May 19 plan to attend. Fax: (612) 296 -3698. rule development for stormwater 1:00-4:00 p.m. Address: Growth Management Project, permit fees will continue this summer. 0 St. Paul Environmental Quality Board. 300 League staff have been asked to Tuesday, May 24 Centennial Building, 658 Cedar Street, participate in additional meetings 1:00 -4:00 or 6:30 -9:30 p.m. St. Paul, MN 55155. I egarding the wastewater permit fee • Mankato Please respond by May 18. The rules. If any city officials are interested Thursday, May 26 EQB will send background material in assisting us in our efforts, please 10)4:00 p.m. and location information to confirmed contact me. 0 Phase I of the Growth Manage- participants at least one week before ment Project revealed a fragmented the meeting. 0 May 11, 1994 ------------- - - - - -- -- - Page 7 League creates new policy committees Seeks members to serve on intergovernmental relations panels g P Would you like to be a part of the As a member you will be volun- • Be eligible to serve on a task force League's effort to revitalize its inter- teering to: of that policy committee. Task governmental relations program? If so, • Attend the two or three principal forces will examine a specific volunteer now to serve for a two -year meetings of your policy committee major city problem in detail and term on one of the League's intergov- each year (in July, August, and propose a variety of solutions ernmental relations policy committees. September); which Congress and/or the Legislature could enact to help — — — — — — solve the problem; Policy committee form I • Attend the League's annual policy adoption conference on November Please rank your preference from 1 (first) t0 4 (last) ( 18 of 1994 and in 1995, and I I • Help enact the policies and priorities of your committee during I I would like to serve a two -year term on (use rating I the 1995 -96 state legislative to indicate preference): I session and session of Congress. I Here are the four redesigned Because of issues relating to the balance of larger/ I intergovernmental relations policy smaller, metro /Greater Minnesota, and elected/ I committees which will deal with both state and federal issues. appointed, we may not be able to give you your first I choice. ( Improving Local Economies I • Growth management and land use ❑ Improving Local Economies ( • Boundary adjustment • Housing ❑ Improving City Service Delivery I • Transportation • Economic development and I ❑ Improving the Fiscal Future of Cities I redevelopment ❑ Improving Community Life I • Telecomnumications and information systems Name: I Improving City Service Delivery I • Environmental mandates Title: ( • Elections and ethics I • Open meetings and data privacy Address: I • Government innovation and cooperation I ( • Personnel and pensions City/Zip: I I I Improving the Fiscal Future I Home phone: Work phone: of Cities I • Financing city government Fax: I • Financial management of cities I Improving Community Life and I Return by June 10 to: Duke Addicks, Director of I Resources Intergovernmental Relations, League of Minnesota I i Cultural diversity i Cities, 3490 Lexington Avenue North, St. Paul, MN ( • Crinic 55126. I • Youth and senior srrvices) — — — — — — — — — • Parks, recreation, and libraries — — — — • Education Page 8 LMC Cities Bulletin What topics should the committees study? y As part of the League's renewed r.------------------ --- - --- effort to revitalize its intergovernmental I relations activities we are encouraging I Topics, problems, issues LMC you or your city to send to the League I by June I suggestions for topics, ( intergovernmental relations I problems, or issues, that the League's Policy Con[nlittCCS should consider in i committees should study developing policies for 1995 -1996 sessions f the Legislature and I i I /we believe that in developing its p olicies for the Congress All I p g p . A cif officials can artici pate, either individually or by council I 199 - 1996 legislative and congressional sessions, resolution. I these are some of the issues the League of Minnesota At the business meeting ol'the I Cities intergovernmental relations committees should League's Annual Conference in June, I study: cities will determine which of the I I topics, issues, and problems should receive the highest priority in preparing policies for the Legislature and I I Congress. We would like to receive your I I suggestions. We will present all suggestions to the membership at the annual meeting Thursday, June 7. The I I /we understand that all of the suggestions from all member cities present will then rate the ( city officials will be presented at the annual meeting I importance ofeach issue. This rating I of the League of Minnesota Cities in June of 1994 will direct the League B oard of I and that at the annual business meeting on Thursday, I Directors in its allocation of fiscal ( June 9 at 3:45 p.m. the member cities present will I resources and staff effort during the 1995 -1996 session of the Legislature I rate the importance of all suggestions submitted. and Congress. I Please complete the form and Submitted by I return it to us as soon as possible but I no later than June 1. 0 I Name I I I Title City 1 on my own behalf on behalf of the city council I I Return by June 1 to: Duke Addicks, Director of I Intergovernmental Relations, League of Minnesota I Cities, 3490 Lexington Avenue North, St. Paul, MN I I 55126. I I I— ----------------------- -� May 11, 1994 Page 9 State agency vacancies _ g Y Joel Jamnik Compensation: $55 per diem plus water, air, and land resources of the The May 2 issue of the State expenses for public members. state consistent with the maximum Register includes notice of vacancies in Vacancy: One vacancy: Elected or enjoyment and use thereof in further - multi- member agencies. For an appointed official from a 4th class city ance of the welfare of the people. application write to the Office of the (under 10,000 population). Monthly meetings. Members must file Secretary o1• State, Open Appointments, The council promotes the use and with the Ethical Practices Board. 180 State Office Building, 100 Consti- electronic exchange of information tuticn Ave., St. Paul, MN 55155 -1299, between state and local governments Minnesota Zoological Board (612) 297 - 5845: or pick one up in through a grant program and also acts 13000 Zoo Boulevard, Apple person at Room 174 of the State Office as a liaison in the area of information Valley, MN 55124. (612) 431 -9200. Building. More specific information systems. Members are appointed for Appointing Authority: Governor, Zoo about these vacancies is available from four -year terms. The full council meets board. the agency. The application deadline the second Wednesday of every other Compensation: $SS per diem plus is May 24, 1994. month. Members are required to serve expenses. on a working committee which may Vacancy: One vacancy: Background Hazardous Waste meet more frequently. or interest in zoological societies or zoo Management Planning Council management or an ability to generate Minnesota Pollution Control Market Development community interest in the Minnesota Agency, Hazardous Waste Division, Coordinating Council Zoo. To the extent possible, members 520 Lafayette Road, St. Paul, MN Minnesota Office of Waste will be appointed who are residents of 55155. (612) 297 -8336. Management, 1350 Energy Lane, St. various geogriphiral regions of the Appointing Authority: MPCA. Paul, MN 55108. (612) 649 -5750, state. Members should have the ability Compensation: Reimbursed for Appointing Authority: Office of to raise significant funds from the expenses. Waste Management. private sector. This position is ap- Vacancy: Eighteen vacancies: Six Compensation: Expenses. pointed by the Minnesota Zoo Board. public members, six representatives of Vacancy: Twelve vacancies: Represen- The board operates and maintains local Rovernment units, and six tatives of local government, private the Minnesota Zoological Garden. representatives of hazardous waste recyclers, and recycling markets. Meetings at the Minnesota Zoological generators and private hazardous waste The council develops and coordi- Gardens, four times a year. management firms. nates statewide strategy for developing The council makes recommenda- markets for recyclable materials and Solid Waste Management tions to the MPCA on industrial waste advises the Office of Waste Manage- Advisory Board management planning, waste manage- ment on expenditure of Market Minnesota Pollution Control ment facility development, and Development funds. Monthly meetings Agency, Solid Waste Division, 520 industrial waste reduction issues and at the Office of Waste Management in Lafayette Road, St. Paul, MN -55155 - programs. Meetings once a month. St. Paul. 4194. (612) 296 -7395. The council expires June 30, 1994. Appointing Authority: MPCA. Minnesota Pollution Control Compensation: Reimbursed for Intergovernmental Agency expenses. Information Systems Advisory 520 Lafayette Road, St. Paul, MN Vacancy: Nine to twenty -one posi- Council (IISAQ 55155. (612) 296 -6300. tions. Department of Administration, Appointing Authority: Governor. The council makes recommenda- Room 320, Centennial Office Building, Senate confirmation. tions on solid waste management 658 Cedar Street, St. Paul, MN 55155. Compensation: $55 per diem. activities. Meetings held the first (612) 297 -5530. Vacancy: One vacancy: One member Friday of each month, from 11:30 a.m. Appointing Authority: Commissioner for a term expiring in January 1997. to 3:00 p.m. at the MN Pollution of Administration. The agency shall meet the variety Control Agency in St: Paul. 0 and complexity of problems relating to Page 10 LMC Cities Bulletin League of Minnesota Cities Legislative Review Sessions Each City Should Send Someone Four Legislative Review Sessions are scheduled for the week of May 23 in Bemidji, St. Cloud, Mankato, and Burnsville. Briefings on which legislation passed, which didn't, and some of the whys, will begin at 9:00 a.m., resume after lunch, and conclude at 3:00 p.m. W New enactments will impact many city decisions this year. City budgets, the ability of cities to strengthen their local economies, o and the ability of cities to improve service delivery are all affected by these new laws. New legislation will also effect local campaigns and will prohibit city officials and employees from accepting meals and gifts from anyone who may seek to influence them. This far reaching legislation should be thoroughly understood by every city. Meeting locations: May 23 Bemidji May 25 Mankato Holiday nn Best t Western Garden Inn Highway 2 West Highway 169 & Webster May 24 St. Cloud May 26 Burnsville Kell Inn former) Holiday W Y ( y Inn Sunwood Inn) 135E & 135W Highway 23 & 4th Exit County Road 42 Avenue South off 135E The program will begin at 9:00 a.m. and conclude at 3:00 p.m. ------------------------ League of Minnesota Cities Legislative Review Session I wish to register for the following session: Bemidji St. Cloud Mankato Burnsville Name U1 Title Address City Phone ( ) Registration fee includes materials and lunch Advance - $25 On -site - $30 Mail registrations to LMC Review Registration, 3490 Lexington Avenue North, St. Paul, MN 55126 -------- - - -- ------------ - - - - -- - - - -- May 11, 1994 Page 11 Municipal ads Municipal ads are printed at no charge to member cities. Ads run in one issue only unless MN 56649. (218) 283 - 9484. Applications will be accepted until June 3, 1994. notice is received to run a second time. The Cities Bulletin is published weekly during the legislative session and once a month during the interim, the time between sessions. Municipal FINANCE DIRECTOR. Faribault ads will appear in the next available Cities Bulletin. (population 18,000), 30 miles south of the Cities have the right to reject any or all bids on equipment or proposals, and to waive any Twin Cities, is seeking a finance director informalities therein. who will report to the city administrator and Minnesota cities are Equal Opportunity Employers. work with the council and EDA. Starting - - - - - -- - -- - - - - -- ---- -_-- -- - - -- _ —__ -- salary is $46,895 to $50,973. Duties include staff supervision, budget, accounting, risk management, and MIS. The city has a $25 ADMINISTRATOR. Mapleton BUILDING INSPECTOR/PUBLIC million budget and 125 FTE employees. (population 1,526) is seeking applications WORKS /MAINTENANCE. Osseo is Bachelors degree and five plus years of for a city administrator who will report to seeking an individual to perform building progressive municipal experience required, the city council and is responsible for the inspections, assist in the public works Masters or CPA preferred. For an applica- day to day operations of the city. Duties department, and be responsible for building tion packet contact City Hall, 208 1 st Ave. include personnel, economic development, maintenance. Qualifications include being a N.W., Faribault, MN 55021, (507) 334 - zoning, budget preparation, strategic certified building official by ICBO (Class 2222, fax (507) 334 -0124. An application is planning, and other duties that the city A) or the State of Minnesota (Class 11), required and must be received by the council assigns. B.S. degree required in having * a Class B drive li • s • with - q 1 c. ce n c th a administration office •3 4.. 0 .m. on June I b y P public administration, business administra- good driving g m�, record, and tx.mf, able to pass 6, 1994. tion or related field. Sala DOQ. To apply a respiratory check. Salary Q c Duties shared with PP Y P rY FINANCE OFFICER. White Bear send resume and cover letter to Administra other staff include zoning ordinance Township is seeking a full - time finance for Search Committee. P.O. Box 366, compliance, water and sewer systeni officer to administer a broad range of Mapleton. MN 56065 -0366. Deadline for maintenance, park maintenance, street financial matters for the community. applications is 4:30 p.m., Friday, May 27, cleaning and snow plowing, cleaning and Responsibilities include financial nianage- 1994. maintenance of city buildings, and other ment of the community's fiscal matters ADMINISTRATOR. Chisago City duties as directed by the city administrator. including but not limited to investing. (population 2,031) is seeking applicants for Regular shift is M -F 8:(X) a.m. to 4:30 p.m. accounting. budgeting, analyzing, monitor - a city administrator. This position reports plus up to two on -call weekends per month. h. and purchasing; administer economic directly to the city council and is respon- Must be available to work as needed during development funds; risk management• and I P sible for the day to day operation of the snow plowing season P and as emergencies P g provide professional g o essional assistance to adminis - city. Duties include: personnel, _ P P onnel economic Y o omic arise. Sal 1 P Salary $ 1 $13 per hour DOQ. orator and elected officials as needed. development, zoning, budget preparation, Applications are available at Osseo City Requirements include a B.A. or B.S. degree strategic planning. B.S. degree required in Hall, Job 201, 415 Central Avenue, Osseo, in accounting or equivalent and four years public administration, business administra- MN 55369, (612) 425 -2624. Application experience in a responsible public financial tion or related degree. Masters degree deadline May 23, 1994. management position. Salary $36,000 to preferred. Salary DOE. To apply, send ENGINEER. International Falls, a $44,000 DOQ plus benefits. Send resume cover letter and resume to city administrator Northern Minnesota city of 8,500 popula- and letter of introduction including detail of search. 29246 Old Towne Road, Chisago tion is seeking applications for city current related experience to Clerk/ City, MN 55013. Deadline for application engineer. Requirements include B.S. Treasurer, White Bear'township, 1281 is 4:30 p.m.. Friday. May 20, 1994. degree in civil engineering, or equivalent, Hammond Road, White Bear'lownship. ASSISTANT LIQUOR STORE and State of Minnesota Professional MN 55110 MANAGER. Benson (population 3,235) is Engineer registration. Five years expert HOUSING SPECIALIST 1. Faribault seeking applicants for an assistant liquor ence desired in municipal engineering and/ is accepting applications fora housing store manager for a municipal on/off sale or municipal public works, with increas- specialist I for the community development liquor store. Qualifications include good ingly responsible supervisory and adminis- department. The primary lixus for this communication skills, working knowledge tractive duties. Formal training in public position is to provide housing inspection of liquor store management including administration and personnel management services. Minimum qualifications include merchandising, retail sides, and custom desirable. Salary will be commensurate knowledge ol' building cexkh, minini un sery ice. Salary range is $20,634 to $23,296. with education and experience. The city three years experience required in housing Z . Application forms are available at city hall has residency requirements. Send letter of inspection, understanding of construction or call (612) 843 -4775 during normal application, resume, official transcript, and methods, and good communication skills business hours. Applications will be verification P o of work experience to city Y necessa rY . Building fficial certification g accepted until 5:00 p.m., May 23, 1994. clerk, P.O. Box 392, International Falls, preferred. Applications and job descriptions Page 12 LMC Cities Bulletin C ity 1994 L A 1995 LGA Chan Percent Change Browerville 77,386 79,675 2,289 2.96% Browns Valley 222,741 227,075 4,334 1.95% Brownsdale 69,871 72,552 2,681 3.84% Brownsville 31,586 32,286 700 2.22% Brownton 120,289 122,693 2,404 2.00% Bruno 20,791 20,958 167 0.80% Buckman 5,058 5,358 300 5.93% Buffalo 546,355 557,290 10,935 2.00% Buffalo Lake 101,206 103,433 2,227 2.20% Buhl 378,255 385,734 7,479 1.98% Burnsville 327,129 327,129 0 0.00% Burtrum 12,947 13,429 482 3.72% Butterfield 80,310 86,440 6,130 7.63% Byron 176,365 179,851 3,486 1.98% Caledonia 441,040 452,490 11,450 2.60% Callaway 30,723 32,007 1,284 4.18% Calumet 136,341 142,541 6,200 4.55% Cambridge 327,775 334,261 6,486 1.98% Campbell 36,237 37,127 890 2.46% Canby 429,242 439,297 10,055 2.34% Cannon Falls 362,160 368,378 6,218 1.72% Canton 63,266 64,287 1,021 1.61% Carlos 29,865 31,254 1,389 4.65% Carlton 121,541 124,126 2,585 2.13% Carver 21,063 22,106 1,043 4.95% Cass Lake 285,907 289,842 3,935 1.38% Cedar Mills 535 596 61 11.40% Center City 40,939 41,870 931 2.27% Centerville 14,294 18,824 4,530 31.69% Ceylon 89,011 90,697 1,686 1.89% Champlin 456,713 463,374 6,661 1.46% Chandler 33,858 34,364 506 1.49% Chanhassen 0 0 0 0.00% Chaska 317,170 326,995 9,825 3.10% Chatfield 283,629 292,364 8,735 3.08% Chickamaw Beach 0 0 0 0.00% Chisago City 232,577 238,597 6,020 2.59% Chisholm 1,448,461 1,473,559 25,098 1.73% Chokio 94,571 96,706 2,135 2.26% Circle Pines 249,791 250,937 .. 1,146 0.46% Clara City 201,151 206,370 5,219 2.59% Claremont 86,224 87,931 1,707 1.98% Clarissa 149,303 152,674 3,371 2.26% Clarkfield 237,799 241,782 3,983 1.67% Clarks Grove 66,533 72,616 6,083 9.14% Clear Lake 43,702 44,232 530 1.21% Clearbrook 92,114 94,611 2,497 2.71% Clearwater 19,789 20,497 708 3.58% Clements 27,304 27,717 413 1.51% Cleveland 61,250 63,333 2,083 _ 3. % ` Climax 36,453 36,895 442 _ 1.21% Clinton 140,166 142,673 2,507 1.79% Clitherall 11,680 11,808 128 1.10% Clontarf 2,453 2,481 28 1.14% Cloquet 2,156,627 2,176,487 19,860 0.92% May 11, 1994 P3 City 1994 L A 1995 LGA Change Percent Change Coates 72 102 30 41.67% Cobden 811 925 114 14.06% Cokato 277,627 292,142 14,515 5.23% Cold Spring 249,487 254,813 5,326 2.13% Coleraine 322,649 326,970 4,321 1.34% Cologne 30,661 31,405 744 2.43% Columbia Heights 2,028,505 2,058,693 30,188 1.49% Comfrey 114,147 115,720 1,573 1.38% Comstock 10,466 10,540 74 0.71% Co 25,207 25,540 333 1.32% Cook 44,414 53,441 9,027 20.32% Coon Rapids 2,319,406 2,343,088 23,682 1.02% Corcoran 25,511 29,004 3,493 13.69% Correll 3,805 3,983 178 4.68% Cosmos 102,459 104,338 1,879 1.83% Cottage Grove 948,344 954,373 6,029 0.64% Cottonwood 146,545 149,151 2,606 1.78 %. Courtland 25,226 25,764 538 2.13% Cromwell 11,166 11,421 255 2.28% Crookston 1,832,228 1,866,993 34,765 1.90% Crosby 329,930 338,744 8,814 2.67% Crosslake 0 0 0 0.00% Crystal 1,785,506 1,816,504 30,998 1.74% Currie 40,148 41,539 1,391 3.46% Cuyuna 19,906 19,880 (26) - 0.13% Cyrus 42,993 43,943 950 2.21% Dakota 5,530 6,140 610 11.03% Dalton 27,895 28,481 586 2.10% Danube 92,120 93,505 1,385 1.50% Danvers 10,691 10,816 125 1.17% Darfur 13,649 13,844 195 1.43% Darwin 3,448 3,652 204 5.92% Dassel 152,553 156,037 3,484 2.28% Dawson 326,964 334,557 7,593 2.32% Dayton 25,983 29,125 3,142 12.09% De Graff 2,648 2,997 349 13.18% Deephaven 0 0 0 0.00% Deer Creek 26,982 27,966 984 3.65% Deer River 150,696 153,499 2,803 1.86% Deerwood 65,557 66,435 878 1.34% Delano 357,398 362,279 --4,881 1.37% Delavan 42,116 42,588 472 1.12% Delhi 12,743 12,962 219 1.72% Dellwood 0 0 0 0.00% Denham _ _ _ 9 0 (9) - 100.00% Dennison 16,829 17,467 638 3.79% Dent 11,302 11,802 500 4.42% Detroit Lakes 1,106,176 1,119,095 12,919 1.17% Dexter 56,901 57,591 690 1.21% Dilworth 435,715 441,671 5,956 1.37% Dodge Center 309,654 317,337 7,683 2.48% Donaldson 1,599 1,658 59 3.69% lo', Donnelly. 21,648 22,880 1,232 5.69% Doran 5,547 5,632 85 1.53% Dover 49,867 50,634 767 1.54% P4 LMC Cities Bulletin 1995 LGA Estimates The following printout provides estimates for the 1995 LGA distribution prepared by the House of Representatives Research Department. These are tareliminary estimates batted on 1994 legislative chances and information available at the end of the 1994 legislative session The calculation of the final 1995 LGA distributions will be based on updated information that is not currently available. Please note that the figures for 1994 and 1995 are the aid amounts before the reductions for state administrative costs are made. City 1994 LGA 1995 LGA Change Percent Change Ada 390,642 400,634 9,992 2.56% Adams 115,382 117,603 2,221 1.92% Adrian 195,396 202,225 6,829 3.49% Afton 0 0 0 0.00% Aitkin 261,193 273,802 12,609 4.83% Akeley 53,732 55,285 1,553 2.89% Albany 197,600 202,811 5,211 2.64% Albert Lea 3,821,712 3,874,313 52,601 1.38% Alberta 9,795 10,050 255 2.60% Albertville 53,854 56,198 2,344 4.35% Alden 114,879 116,146 1,267 1.10% Aldrich 576 822 246 42.71% Alexandria 1,144,989 1,160,419 15,430 1.35% Alpha 23,097 23,668 571 2.47% Altura 41,275 41,461 186 0.45% Alvarado 17,141 18,341 1,200 7.00% Amboy 82,372 83,937 1,565 1.90% Andover 100,472 98,367 (2,105) - 2.10% Annandale 217,894 226,636 8,742 4.01% Anoka 1,108,559 1,125,366 16,807 1.52% Apple Valley 362,898 358,672 (4,226) - 1.16% Appleton 381,049 388,151 7,102 1.86% Arco 15,941 16,235 294 1.84 % Arden Hills 0 0 0 0.00% Argyle 133,383 136,574 3,191 2.39% Arlington 267,648 275,076 7,428 2.78% Ashby 56,078 57,404 1,326 2.36% Askov 32,620 33,316 696 2.13% Atwater 172,541 175,735 3,194 1.85% Audubon 27,379 28,057 678 2.48% Aurora 441,888 455,356 13,468 3.05% Austin 4,239,627 4,303,477 63,850 1.51 % Avoca 19,916 20,326 410 2.06% Avon 77,308, 79,319 2,011 2.60% Babbitt 79,888 91,298 11,410 14.28% Backus 34,529 34,690 161 0.47% Badger 64,664 65,463 799 1.24% Bagley 258,550 266,184 7,634 2.95% Balaton 109,755 112,100 2,345 2.14% Barnesville 189,819 204,025 14,206 7.48 %a• 0 Barnum 70,994 71,941 947 1:33% Barrett 36,744 37,525 781 2.13% Barry 1,151 1,155 4 0.35% Bass Brook 0 0 0 0.00% Battle Lake 95,166 96,644 1,478 1.55% May 11, 1994 P1 C ity 1994 LGA 1995 LGA han Percent Change Baudette 209,850 215,442 5,592 2.66% Baxter 123,039 124,852 1,813 1.47% Bayport 29,556 34,017 4,461 .15.09% Beardsley 49,501 50,525 1,024 2.07% Beaver Bay 36,310 36,712 402 1.11% Beaver Creek 43,376 44,017 641 1.48% Becker 0 0 0 0.00% Bejou 16,377 16,549 172 1.05% Belgrade 96,867 99,235 2,368 2.44% Belle Plaine 275,252 282,005 6,753 2.45% Bellechester 11,578 12,282 704 6.08% Bellingham 59,563 60,520 957 1.61% Beltrami 10,206 10,496 290 2.84% Belview 81,500 83,003 1,503 1.84% Bemidji 2,166,433 2,200,391 33,958 1.57% Bena 15,715 15,937 222 1.41% Benson 784,196 804,278 20,082 2.56% Bertha 131,251 132,240 989 0.75% Bethel 15,851 16,164 313 1.97% Big Falls 50,728 52,589 1,861 3.67% Big Lake 254,705 259,484 4,779 1.88% Bigelow 18,739 19,618 879 4.69% Bigfork 79,520 80,534 1,014 1.28% Bingham Lake 17,397 17,913 516 2.97% Birchwood 700 1,233 533 76.14% Bird Island 210,205 215,987 5,782 2.75% Biscay 2,613 2,745 132 5.05% Biwabik 307,231 312,220 4,989 1.62% Blackduck 107,155 109,075 1,920 1.79% Blaine 1,168,636 1,206,767 38,131 _ 3.26% Blomkest 18,570 18,955 385 2.07% Blooming Prairie 267,210 277,715 10,505 3.93% Bloomington 0 ' 0 0 0.00% Blue Earth 652,632 665,016 12,384 1.90% Bluffton 2,099 2,649 550 26.20% Bock 4,135 4,221 86 2.08% Borup 6,860 7,220 360 5.25% Bovey 276,652 280,648 3,996 1.44% Bowlus 12,836 13,708 872 6.79% Boy River 1,887 1,946 59 3.13% Boyd 65,250 66,164 914 1.40% Braham 189,188 192,485 3,297 1.74% Brainerd 1,979,870 2,020,095 40,225 2.03% Branch 24,643 32,327 7,684 31.18% , Brandon 51,238 53,406 2,168 4.23% Breckenridge 982,945 1,004,563 21,618 2.20% Breezy Point 0 0 0 0.00 % Brewster 34,458 35,830 1,372 3.98% Bricelyn 70,263 72,388 2,125 3.02 %n Brook Park 16,510 16,824 314 I Ax)% Brtx)klyn Center 1,759 x)05 1,806,838 46,933 2.67 %n Brooklyn Park 1,553,083 1,609,811 56,128 3.61 (X, i Brooks 8.519 8.762 243 2.85% Ilrm)kston 4,211 4,529 318 7.55% Brootcn 105,521 107,927 2,406 2.28% P2 LMC Cities Bulletin City 12E4 LGA 1995 LGA Chan e Percent Chance Dovray 7,096 7,235 139 1.96% Duluth 17,088,055 17,429,816 341,761 2.(X) %n Dumont 17,415 17,801 386 2.22% Dundas 29,144 30,010 866 2.97% Dundee 6,982 7,383 401 5.74% Dunnell 32,101 32,687 586 1.83% Eagan 0 0 0 0.00% Eagle Bend 128,777 131,081 2,304 1.79% Eagle Lake 115,311 125,270 9,959 8.64% East Bethel 91,391 94,996 3,605 3.94% East Grand Forks 1,476,602 1,496,269 19,667 1.33% East Gull Lake 0 0 0 0.00% Easton 35,109 35,571 462 1.32% Echo 73,771 74,665 894 1.21% Ed en Prair 0 0 0 0.00% Eden Valley 134,058 136,401 2,343 1.75% Edgerton 134,472 137,886 3,414 2.54% Edina 0 0 0 0.00% Effie 982 982 0 0.00% Eit 13,309 13,630 321 _ 2.41% Elba 1,925 2,355 430 22.34% Elbow lake 245,393 249,935 4,542 1.85% Elgin 68,331 69,972 1,641 2.40% Elizabeth 18,769 19,587 818 4.36% Elk River 242,609 245,384 2,775 1.14% Elko 2,051 2,131 80 3.90% Elkton 12,432 12,631 199 1.60% Ellendale 71,727 75,203 3,476 4.85% Ellsworth 89,406 91,561 2,155 2.41% Elmdale 1,521 1,681 160 10.52% Elmore 146,001 149,079 3,078 2.11% Elrosa 6,710 6,951 241 3.59% Ely 891,184 924,329 33,145 3.72% Elysian 103,365 104,139 774 0.75% Emily 5,049 5,049 0 0.00% Emmons 69,656 70,602 946 1.36% Erhard 10,835 11,260 425 3.92% Erskine 52,046 53,639 1,593 3.06% Evan 3,1.90 3,345 155 4.86% Evansville 86,488 87,913 1,425 1.6 5% Eveleth •1,087,458 1,123,225 35,767 3.29% Excelsior 127,693 132,469 4,776 3.74% Eyota 86,658 92,797 6,139 7.08% Fairfax 215,709 221,545 5,836 2.71% Fairmont 2,078,696 2108 132 29,436 1.4 _ _ Falcon Heights 183,181 184,751 1,570 0.86% Faribault 3,316,732 3,367,751 51,019 1.54% Farmington 352,038 356,100 4,062 1.15% Farwell 15,739 15,939 200 1.27% Fed eral Dam 2,818 2,856 38 1.35 %0 Felton 28,253 - -- - 28,970 717 2.54% Fergus Falls 2,488,056 2,514,529 26,473 1.06% Fertile 98,619 101,254 2,635 2.67 %' Fifty Lakes 0 0 0 0.00% Finlayson 17,035 17,171 136 0.80% May 11, 1994 P5 City 1994 LGA 1995 LGA Ch_ anLye Percent Change Fisher 22,537 23,743 1,206 5.35% Flensburg 16,528 17,082 554 3.35% Floodwood 132,587 134,492 1,905 1.44% Florence 8,188 8,303 115 1.40% Foley 263,9_55 270,8 6,922 2.62% I�uradai (6) - ..914 -- -- - - - 908 - - -- - - -- - 0.66% Forest Lake 315,457 321,554 6,097 1.93% Foreston 25,945 26,705 760 2.93% Fort Ripley 161 161 0 0.00% Fosston - 270,419 280,311 9,892 3.66% Fountain 28,864 29,532 668 2.31% Foxhome 10,659 11,200 541 5.08% Franklin (Renville County) 120,164 121,428 1,264 1.05% Franklin (St. Louis County) 5,519 5,519 0 0.00% Frazee 126,8 145,602 18,7 14.75% Freeborn -- - 32,086 32,828 742 -- 2.31 Freeport 60,079 61,149 1,070 1.78% Fridley 1,561,293 1,584,149 22,856 1.46% Frost 42,863 43,457 594 1.39% Fulda 237,366 242,323 4,957 2.09 Funkley 50 50 0 0.00 Garfield 6,820 7,388 568 8.33% Garrison 5,679 5,679 0 0.00% Garvin 37,938 38,420 482 1.27% Gary 49,397 50,015 618 1.25% Gaylord 341,642 350,820 9,178 2.69%. Gem Lake 0 0 0 0.00% Geneva 38,939 39,927 988 2.54% Genola 154 174 20 12.99 Geor etg own 8,318 8,378 60 0.72% Ghent 38,108 39,341 1,233 3.24% Gibbon 136,518 138,813 2,295 1.68% Gilbert 573,653 592,683 19,030 3.32% Gilman 878 1,182 304 34.62% Glencoe 662,763 672,495 9,732 1.47% Glenville 57,512 59,584 2,072 3.60% Glenwood 467,656 476,611 8,955 1.91% Glyndon 85,658 87,721 2,063 2.41% Golden Valley 27,375 24,140 (3,235) - 11.82% Gonvick 60,293 61, 836 1 .39 % _ Good Thunder 72,993 74,438 1,445 1.98% Goodhue 76,613 77,815 1,202 1.57% Goodridge 21,946 22,290 344 1.57% Goodview 178,685 181,490 2,805 1.57% Graceville 134,800 138,355 j 555 264% Granada 47,316 48,480 1,164 2.46% Grand Marais 220,077 223,665 3,588 1 :63 Grand Meadow 135,606 138,454 2,848 2.10% Grand Rapids 1,280,356 1,295,839 15,483 1.21% Granite Falls 53 0,072 542,74 12,674 2.39% Grasston 14,394 14,778 384 2.67% Green Isle 45,191 45,830 639 1.41% Greenbush 137,760 139,761 2 1.45% Greenfield 2,559 4,738 2,179 85.15% Greenwald 7,765 8,460 695 8.95% 1 ' 6 LMC Cities Bulletin At 1994 LGA 1 L A C-C- hann Percent Change Greenwood 0 0 0 0.00% Grey Eagle 58,816 59,663 847 1.44% Grove City 114,890 116,848 1,958 1.70% Grygla 34,635 35,018 383 1.11 Gully 6,502 6,717 215 3.31% Hackensack 13,970 13,861 (109) - 0.78% Hadley 2,592 3,023 431 16.63% Hallock 255,828 272,163 16,335 6.39% Halma 5,483 5,741 258 4.71% Halstad 90960 92,7 1, 2 .01% Ham Lake 168,845 171,134 Hamburg 32,949 33,417 468 1.42% Hammond 9,596 9,993 397 4.14% Hampton 14,046 14,305 259 1.84% Hancock_ 96,478 _ 100,072 3,594 3.73% Hanley Falls 50,380 50,847 467 0.93% Hanover 16,013 16,493 480 3.(X)% Hanska 63,405 64,581 1,176 1.85% Harding 742 796 54 7.28% Hardwick 28,043 29,028 985 3.51% Harmony 222,309 226,076 3,767 1.69% Harris 24,594 26,472 1,878 7.64% Hartland 47,001 47,521 520 1.11% Hastings 1,214,196 1,229,997 15,801 1.30% Hatfield 865 1,004 139 16.07% Hawley 152,581 161,558 8,977 5.88% Hayfield 170,751 174,848 4,097 2.40% Hayward Y 35,615 36,017 402 1.13 Hazel Run 8,262 8,487 225 2.72% H 198,607 202,353 3,746 1.89% Heidelberg 597 757 160 26.80% Henderson 145,766 148,040 2,274 1.56% Hendricks 128,457 131,027 2,570 2.00% Hendrum 40,197 41,154 957 2.38% Henning _ _ - - _ 133,8 136 , 3 6_4 2,481 1.85% Henriette 1,137 - - - -- 1,341 - �- -- 204 - - 17.94% Herman 117,843 120,114 2,271 1.93% Hermantown 466,695 471,384 4,689 1.00% Heron Lake 132,884 135,745 2,861 2.15% Hewitt 28,458 29,323 865 3.04% Hibbing 3,948,057 4,027,311 79,254 2.01 Hill City 46,917 47,687 770 1.64% Hillman 1,596 1,641 45 2.82% Hills 89,546 92,043 2,497 Hilltop _ 53,627 54,9 1 295 2.41% Hinckley 130,409 - -- 131,750 - - 1,341 1.03% Hitterdal 40,254 40,899 645 1.60% Hoffman 76,902 79,432 2,530 3.29% Hokah 141,346 143,278 1,932 1.37% Holdingford 106,900 108,610 1,710 1.60% Holland 35,534 36,006 472 1.33% Hollandale 33,441 33,845 404 1.21% Holloway 13,341 13,582 241 1.81% Holt 7,214 7,525 311 4.31% Hopkins 795,495 807,079 11,584 1.46% May 11, 1994 P7 City 1994 LGA 1995 LGA Change Percent Change Houston 172,127 177,678 5,551 3.22% Howard Lake 152,361 156,318 3,957 2.60% Hoyt Lakes 241 ",274 249,052 7,778 3.22% Hugo 26,068 26,346 278 1.07% Humboldt 5,754 5,997 243 4.22% Hutchinson 1,327,284 1,343,854 16,570 1.25% Ihlen 12,095- 12,514 419 3.46% Independence 0 0 0 0.00% International I -ails 2,108,473 2,143,280 34,807 1.65% Inver Grove Heights 427,983 429,459 1',476 _ 0.34 %_ Iona - -- - - - -� 29,359 31,333 1 ',974 6.72% Iron Junction 3,548 3,716 168 4.74% Ironton 98,694 100,361 1,667 1.69% Isanti 212,826 217,270 4,444 2.09% Isle 65,434 66,017 583 0.89 Ivanhoe 130,032 133,616 3,584 2.76% Jackson 831,839 845,985 14,146 1.70% Janesville 238,068 252,033 13,965 5.87% Jasper 108,804 112,293 3,489 3.21 Jeffers 71,025 72,798 1,773 2.50% Jenkins 10,526 10,859 333 3.16% Johnson 2,642 2,707 65 2.46% Jordan 262,775 268,445 5,670 2.16% Kandiyohi 41,819 42,730 911 2.18% Karistad 124,778 127,525 2,747 2.20% Kasota 51,329 54,283 2,954 5.76% Kasson 393,682 401,960 8,278 2.10% Keewatin 354,.164 364,465 10,301 2.91% Kelliher 22,574 23,750 1,176 5.21 Kellogg - -- - - - - - - 41,25 42,554 1,299 3.15% Kennedy 35,371 36,181 810 2.29% Kenneth 9,939 10,271 332 3.34 Kensington 34,632 35,494 862 2.49% Kent 15,007 15,346 339 2.26% Kenyon 200,555 206,046 5,491 2.74% Kerkhoven 109,989 113,113 3,124 2.84% Kerrick 3,130 3,228 98 3.13% Kettle River 26,599 26,847 248 0.93% Kiester 120,873 123,212 2,339 1.94 Kilkenny 26,110 26,483 373 1.43% Kimball 39,973 41,684 1,711 4.28% Kinbrae 908 925 17 1.87% Kingston 1,856 2,158 302 16.27% Kinney 71,322 72,351' 1,029 1.44 La Prairie _!_ 37;828 38,462 634 1 La Salle 6,129 6,293 164 - - - -�- 2.68% Lacrescent 273,760 279,154: 5,394 1.97% Lafayette 78,102 79,386 1,284 1.64% Lake Benton 173,708 177,803 4,095 2.36% Lake Bronson 47,293 48,616 1,323 2.80 %n Lake City 688,027 698,448 10,421 1.51 % Lake Crystal 243,210 255,635. 12,425 5.11% Lake Elmo 4,494 4,494 0 0.00% - Lake Henry 3.681 3,805 124 3.37% Lake Lillian 42,195 43,088 893 2.12 % P8 LMC Cities Bulletin C ity 1994 LGA 1995 LGA Change Percent Change Lake Park 95,830 98,633 2,803 2.92% Lake Shore 0 0 0 0.00% Lake St Croix Beach 10,097 11,996 1,899 18.81% Lake Wilson 46 48,207 1,280 2.73% Lak efield 442,936 454, 11,12 2.51% Lakeland 5,440 9,874 4,434 81.51% Lakeland Shore 0 0 0 0.00% Lakeville 469,238 463,299 (5,939) - 1.27% Lamberton 166,264 169,793 3,529 2.12% L a n cast er _ 54,599 56,292 _ 1,693 3.10% Landfall 1,168 1,311 143 12.24% Lanesboro 181,925 185,109 3,184 1.75% Laporte 4,797 5,327 530 11.05% Lastrup 3,979 4,470 491 12.34% Lauderdale 37,074 40,175 3,101 8.36% Le Sueur 594,660 602,335 7,675 1.29% Lecenter .-256,645 268,838 12,193 4.75% Lengby 20,791 21,170 379 1.82% Leonard 1,538 1,640 102 6.63% Leonidas 43,225 43,461 236 0.55% Leroy 105,555 108,651 3,096 2.93% Lester Prairie 133,821 137,147 3,326 2.49% Lewiston 104,200 107,755 3,555 3.41% Lewisville 30,985 31,453 468 1.51% Lexington 130,617 136,495 5,878 4.50% Lilydale 0 0 0 0.00% Lindstrom 139,429 142,769 3,340 2.40% Lino Lakes 145,667 142,761 (2,906) -1.99% Lismore 51,338 52,694 1,356 2.64% Litchfield 917,348 932,707 15,359 1.67% Little Canada 69,582 74,140 4,558 6.55% Little Falls 1,502,031 1,523,489 21,458 1.43% Littlefork 89,617 92,901 3,284 3.66% Long Beach 126 216 90 71.43% Long Lake 55,171 58,576 3,405 6.17% Long Prairie 512,203 526,512 14,309 2.79% Longville 6,667 6,667 0 0.00% Lonsdale 75,696 81,046 5,350 7.07% Loretto 17,439 17,397 (42) -0.24% Louisburg 3,075 3,122- 47 1.53% Lowry 44,427 45,103 676 1.52% Lucan 47,609 48,135 526 1.10% Luverne 911,482 930,260 18,778 2.06% Lyle 80,750 82,429 1,679 2.08% Lynd Al 578 42,041 463 1.11% Mabel 165,029 168,349 3,320 2.01% Madelia 311,061 320,755 9,694 3.12% Madison ` 439,871 454,472 14,601 3.32% Madison Lake 67,285 68,363 1,078 1.60% Magnolia 10,111 10,740 629 6.2290 Mahnomen 257,594 261,575 3,981 1.55% Mahtomedi 141,499 144,559 3,060 2.16% Manchester 5,531 5,683 152 2.75% Manhattan Beach 0 0 0 0.00% Mankato 4,768,672 4,827,277 58,605 1.23% May 11, 1994 P9 City 1994 LGA 1995 LGA Chance Percent Change Mantorville 119,746 122,366 2,620 2.19% Maple Grove 143,610 144,869 1,259 0.88% Maple lake 133,026 136;462 3,436 2.58% Maple Plain 48,252 52,850 4,598 9.53% Mapleton _ 174,328 183,764 9,436 5.41% MaplevIew 55 56 868 1.557o Maplewood 692,419 717,451 25,032 3.62% Marble 235,035 239,261 4,226 1.80% Marietta 57,893 58,630 737 1.27% Marine -On -St Croix 0 0 0 0.00% 1GlarshaIl - - - - -- - - - - -- "- — 1, 377 149 -- T - 39 — - t36 - 21 --- i33�10 Mayer 25,101 25,431 330 1.31% Maynard 95,938 97,311 1,373 1.43% Mazeppa 69,183 72,365 3,182 4.60% Mcgrath 962 997 35 3.64% cgregor Ti6 - 687 — X74 - - — - L3V/ -- Mcintosh 103,445 106,441 2,996 2.90% Mckinley 69,267 69,530 263 0.38% Meadowlands 14,586 14,808 222 1.52% Medford 94,165 95,863 1,698 1.80% Medicine Lake 0 0 0 O Medina 0 0 0 0.00% Meire Grove 5,894 6,211 317 5.38% Melrose 474,852 499,332 24,480 5.16% Menahga 167,211 170,030 2,819 1.69% Mendota o Mendota Heights 0 0 0 0.00% Mentor 6,505 6,844 339 5.21% Middle River 25,830 26,845 1,015 3.93% Miesville 24 90 _ 66 _ 2 75.00 %_ Milaca 331,401 340,494 9,093 2.74% Milan 76,655 77,737 1,082 1.41% Millerville 589 617 28 4.75% Mielville 5,175 5,567 392 7.57% Milroy 34,879 35 ,467 588 1.69% Miltona 12,518 12,746 — IT8 -- -. - - - -- 1.82 % - Minneapolis 63,364,498 64,631,788 1,267,290 2.00% Minneiska 6,016 6,150 134 2.23% Minneota 215,201 221,472. 6,271 2.91 Minnesota 12,960 13 416 3.21% Minnesota Lake 143,147 145,065 --- 1.34% Minnetonka 0 0 0 0.00% Minnetonka Beach 0 0 0 0.00% Minnetrista 0 0 0 0.00% Mizpah 2,279 2,379 100 4.39% Montevideo 1,018,584 1,036,954 18,370, 1.80% Montgomery 403,422 412,630 9,208 2.28% Monticello 0 0 0 0.00% Montrose - 70,458 72,833 2,375 3.37% Moorhead 4,183,151 4,241,044 57,893 1.38 - Moose Lake 167,616 173,937 - -- 6,,221. _ 3.71 Mora 398,634 407.460 8,932 2.22`/ Morgan 220.121 229,303 3,182 1.41'x Morris 1,005,634 1,022,719 17,085 1.70% Morristown 89,263 92,270 3,007 3.37% P10 LMC Cities Bulletin City 1994 LGA 1995 LGA Chanae Percent Chan 2e Morton 83,969 85,470 1,501 1.79% ` Motley 61,187 62,992 1,805 2.95% Mound 295,404 302,049 6,645 2.25% Mounds View 597,784 612,660 14,876 2.49% Mountain Lake 387,135 397,167 10,032 2.59% Mt Iron 199,006 211,236 12,230 6.15% Murdock 47,812 48,449 637 1.33% Myrtle 4,826 4,990 164 3.40% Nashua 496 563 67 13.51% Nashwauk 433,393 441,071 7,678 1.77% Nassau 5, 85 5,895 210 3. 9% Nelson 5,198 5,778 580 11.16% Nerstrand 22,197 22,677 480 2.16% Nevis 50,386 51,084 698 1.39% New Auburn 28,437 29,560 1,123 3.95% - e - w - B 1g Et on a New Germany 15,692 16,102 410 2.61% New Hope 987,289 1,014,317 27,028 2.74% New London 122,568 125,367 2,799 2.28% New Market 6,802 7,112 310 4.56% New Munich 29,931 30,865 934 3.12% New Prague 465,845 471,199 5,354 1.15% New Richland 132,408 137,020 4,612 3.48% New Trier 1,834 1,958 124 6.76% New Ulm 2,470,679 2,511,148 40,469 1.64% ew or i s o Newfolden 56,646 57,770 1,124 1.98% Newport 170,428 172,597 2,169 1.27% Nicollet 82,328 84,332 2,004 2.43% Niels ville _ 16,013 16,267 254 1 Nimrod Village 1,077 1,102 25 2.32% Nisswa 0 0 0 0.00% Norcross 19,706 19,890 184 0.93% North Branch 189,224 196,299 7,075 3.74% North Mankato 1,511,044 1,523,698 12,654 0.84% Nort h Oaks 0 0 0 0.00% North Redwood 5,898 6,261 363 6.15% North St Paul 701,488 715,991 14,503 2.07 'Northfield .1,416,903 1,444,238 27,335 1.93% Northome 43,418 44,102, 684 1.58% Northrop 18,762 19,112 350 1.g7% Norwood 75,391 78,453 3,062 4.06% Oak Grove 0 5,638 5,638 0.00% Oak Park Heights 0 0 0 0.00% Oakdale 604,818 610,918 6,100 1.01% Odessa 42,057 42,573 516 1.23% Odin 12,237 12,486 249 2.03% Ogema 23,776 24,516 740 3.11% Ogilvie 92,355 94,528 2,173 2.35% Okabena 32,696 33,305 609 1.86% e 86,894 88,839 1, 45 4 0 Olivia 543,964 552,609 8,645 1.59% Onamia 69,060 76,629 7,569 10.964 Ormsby 10,317 10,661 344 3.33% Orono 0 0 0 0.00% May 11, 1994 PH City 1994 LGA 1995 LGA Change Percent Channe Oronoco 53,946 54,993 1,047 1.94% Orr 54,693 55,114 421 0.77% Ortonville 559,805 573,511 13,706 2.45% Osakis 246,564 253,200 6,636 2.69% Osl 75,106 75,916 810 1.08% O. 5,710 0 Ostrander 20,541 21,096 555 2.70% Otsego 51,019 60,075 9,056 17.75% Ottertail 513 513 0 0.00% Owatonna 2,769,959 2,801,600 31,641 1.14% Palish - -- - - - -- 4,047 412 11.35% Park Rapids 443,485 450,817 7,332 1.65% Parkers Prairie 109,236 113,053 3,817 3.49% Paynesville 237,304 246,499 9,195 3.87% Pease 5,996 6,441 445 7.42% Pelican Rapids ° Pemberton 11,371 11,664 293 2.58% Pennock 53,774 55,200 1,426 2.65% Peyuot Lakes 76,809 78,258 1,449 1.89% Perham 223,295 229,634 6,339 2.84% PerTey 9,493 9,702 209 2.20% Peterson 17,714 18,758 1,044 5.89% Pierz 74,222 78,850 4,628 6.24% Pillager 18,164 18,758 594 3.27% Pine City 341,343 347,070 5,727 1.68% Pine Island ° Pine River 134,615 136,548 1,933 1.44% Pine Springs 0 0 0 0.00% 0 Pipestone 782,289 805,204 22,915 2.93% Plainview 334,059 340,864 6,805 2.04% Plato 29,245 30,047 802 2.74% Pleasant Lake 54 31 (23) - 42.59% Plummer 47,095 47,848 753 1.60% Plymouth 0 0 0 0.00% Porter 34,409 34,838 429 1.25% Preston 278,986 284,990 2.1 0 Princeton 356,181 362,854 6,673 1.87% Prinsburg 78,276 79,441 1,165 1.49% Prior Lake 27,273 27,273 0 0.00% Proctor 397,726 413,669 15,943 4. Quamba 1,944 2,132 188 9.67% Racine 13,785 14,222 437 3.17% Ramsey 294,934 297,046 2,112 0.72% Randall 46,562 48,085 1,523 3.27% Randolph 8,021 8,424 403 5.02% Ranier 16,454 17,027 573 3.48% Raymond 100,736 103,379 2,643 2.62% Red Lakefalls 329,775 336,326 6,551 1.99% Red Wing 37,920 37,920 0 0.00% Redwood Falls 914,855 927,433 12,578 1.37% Regal 404 458 54 13.37 Remer 45,463 46,280 817 1.80% Renville 256,472 261.845 5,373 2.09(X, Revere 20,423 20,718 295 1.44 %, Rice 14,816 15,631 815 5.50% P12 LMC Cities Bulletin City 1994 L A 1995 L A Change - Percent Change Richfield 3,174,318 3,215,416 41,098 1.29% Richmond " 98,281 101,535 3,254 3.31% Richville 2,479 2,675 196 7.91% Riverton 9,974 9,974 0 0.00% Robbinsdale 1,519,370 1,542,249 22,879 1.51% Rochester 5,687,989 5,749,187 61,198 1.08% Rock Creek 18,681 23,482 4,801 25.70% Rockford 278,753 282,946 4,193 1.50% Rockville 27,836 29,236 1,400 5.03% Rogers 138 0 (138) - 100.00% Rollingstone 50,399 51,664 1,265 2.51% Ronneby 825 938 113 13.70% Roosevelt 3,268 3,379 111 3.40% Roscoe 4,638 5,274 636 13.71% Ro Creek 54,557 55,014_ 457 0.84% Roseau o Rosemount 381,374 379,500 (1,874) - 0.49% Roseville 30,472 57,649 27,177 89.19% Rothsay 52,077 53,254 1,177 2.26% Round Lake .29,558 30,486 928 3. 14% Royalton 47,298 49,344 2,046 4.33% Rush City 189,480 194,603 5,123 2.70% Rushford City 179,057 184,809 5,752 3.21% Rushford Village 27,925 29,528 1,603 5.74% Rushmor 45,772 46,763 991 2.17% _u _s o Ruthton 45,795 46,948 1,153 2.52% Rutledge 936 1,200 264 28.21% Sabin 25,337 26,274 937 3.70% Sacred Heart 146,895 148,839 1,944 1.32% Sanborn 63,779 65,100 1,321 2.07% Sandstone 250,937 266,738 15,801 6.30% Sargeant 3,740 3,902 162 4.33% Sartell 221,492 224,725 3,233 1.46% Sauk Centre 724,348 735,882 11,534 1.59% Sauk Rapids 965,439 981,438 15,999 1.66% Savage 54,741 50,650 (4,091) - 7.47% Scanlon 203,024 205,428 2,404 1.18% Seaforth 13,242 13,393 151 1.14% Sebeka 156,234 159,744 3,510 2.25% Sedan 1,237 1,332 95 7.68% Shafer 14,078 14,773 695 4.94% Shakopee 159,084 149,014 (10,070) - 6.33% Shelly 42,648 43,465 8 1.92% Sherburn 217,796 222,000 4,204 _ 1.93% Shevlin 7,308 7,804 496 6.79% - Shoreview 0 0 0 0.00% Shorewood 0 0 0 0.00% Silver Bay 273,001 285,644 12,643 4.63% Silver Lake 123,448 125,745 2,297 1.86% Skyline 3,645 3,906 1 7.167o Slayton 504,093 520,345 16,252 3.22% Sleepy Eye 756,144 775,578 19,434 2.57% Sobieski 2,169 2,601 432 19.92% Solway 3,434 3,667 233 6.79% May 11, 1994 P13 City 1994 LGA 1995 LGA Chan2e Percent Change South Haven 22,474 22,964 490 2.18% South St Paul 2,408,962 2,448,245 39,283 1.63% Spicer 87,157 88,123 966 1.11% Spring Grove 266,842 271,875 5,033 1.89% Spring Hill _ _ 2,415 2,570 155 6.42% Spring Lake Park 216,325 219,743 3,418 1.58% Spring Park 4,106 7,303 3,197 77.86% Spring Valley 488,870 504,021 15,151 3.10% Springfield 351,615 361,694 10,079 2.87% Squaw Lake 3,066 3,482 416 13.57% St Anthony (Hennepin County) 133,102 135,288 2,186 1.64% St Anthony (Stearns County) 676 937 261 38.61% StBonifacius 8,938 11,256 2,318 25.93% St Charles 298,128 304,673 6,545 2.20% St Clair 61,7 63,237 1 ,502 2.43% St - 5,760,869 -- 5,859,868 - - - -- 98,999 -- - -- 1.72 %a St Francis 30,363 32,686 2,323 7.65% St Hilaire 20,004 20,803 799 3.99% St James 746,589 766,762 20,173 2.70% St Joseph 378,265 393,941 15,676 4.14% St Leo 8,498 8,775 277 3.26% St Louis Park 1,879,594 1,901,239 21,645 1.15% St Martin 15,123 15,521 398 2.63% St Marys Point 0 0 0 0.00% St Michael 121,079 123,888 2,809 2.32% St Paul 41,183,200 42,006,864 823,664 2.00% St Paul Park 440,255 446,914 6,659 1.51% St Peter 1,106,009 1,140,783 34,774 3.14 °l0 St Rosa 2,934 2,964 30 1.02% St Stephen 18,712 19,928 1,216 6.50% St Vincent 7,479 7,804 325 4.35% Stacy 4 Y 3 5 0 44,153 53 4,613 11.67% Staples P 646,299 658,350 12,051 1.86% Starbuck 186,975 190,683 3,708 1.98% Steen 9,167 9,558 391 4.27% Stephen 85,336 87,548 2,212 2.59% Stewart 145,417 146,745 1,328 0.91% Stewartville 547,980 557,420 9,440 1.72% Stillwater 780,156 808,138 27,982 3.59% Stockton 13,890 14,901 1,011 7.28% Storden 61,306 62,267 -- - 961 1.57% Strandquist 10,218 10,483 265 2.59% Strathcona 2,300 2,421 121 5.26% Sturgeon Lake 4,074 4,206 132 3.24% Sunburg_ __ 12939 - 13 2 45_ - - - - -- - 1_899!°_ Sunfish Lake 0 0 0 0.00% Swanville 53,869 54,948 1,079 2.00% Taconite 115,335 116,017 682 0.59% Tamarack 5,044 5,147 103 2.04% Taopi 994 1,145 151 15.19% Taunton 6,257 6,510 253 4.04'h Tiviors F.-Ills 77,252 78,361 1,109 1.44% Tenney 1,730 1.731 1 0.06% Tenstrike 1,479 1,555 76 5.14% Thief River Falls 1,146,002 1,171,759 25,757 2.25% P14 LMC Cities Bulletin C 1994 LGA 1995 L A Chanize, Percent Change Thomson 16,193 16,193 0 0.00% Tintah 8,620 8,895 275 3.19% Tonka Bay 0 0 0 0.(X)% Tower 116,463 117,933 1,470 126°1 , Tracy 520,316 534,144 13,828 2.66% Trail 3,750 3,847 97 2.59% Trimont 149,545 151,728 2,183 1.46% Trommald 8,581 8,627 46 0.54% Trosky 1,280 1,548 268 20.94% T ruman _ _ 230,429 238,985 8,556 3.71% Turtle River 27 29 2 7.41% Twin Lakes 36,680 37,210 530 1.44% Twin Valley 139,521 144,964 5,443 3.90% Two Harbors 897,232 922,620 25,388 2.83% Tyler 169,678 175,812 6,134 3.62% Ulen 85,300 87,416 2,116 2.48% Underwood 56,668 57,253 585 1.03% Upsala 53,853 54,423 570 1.06% Urbank 1,617 1,804 187 11.56% Utica 21,735 22,017 282 1.30% Vadnais Heights 6,377 11,262 4,885 76.60% Vergas 7,313 7,818 505 6.91% Vermillion 2,181 2,346 165 7.57% Verndale 58,719 59,937 1,218 2.07% Vernon Center 33,686 34,289 603 1.79% Vesta 56,175 57,086 911 1.62% Victoria 0 0 0 0.00% Viking 20,795 20,999 204 0.98% Villard 30,722 31,295 573 1.87% Vin _ 8,400 8,667 267 3.18% Virginia 3,089,230 3,154,189 64,959 2.10% Wabasha 399,964 409,848 9,884 2.47% Wabasso 134,086 135,921 1,835 1.37% Waconia 257,939 260,593 2,654 1.03% Wadena 536,175 561,766 25,591 4.77% Wahkon 16,873 17,012 139 0.82% Waite Park 322,921 330,087 7,166 2.22% Waldorf 50,339 50,772 433 0.86% Walker 178,530 179,892 1,362 0.76% Walnut Grove 123,558 126,702 - ' 3,144 2.54% Walters 22,960 23,371 411 1.79% Waltham 19,306 19,715 409 2.12 % Wanamingo 112,564 114,469 1,905 1.69% Wanda 9,055 9,269 214 2.36% Warba 7,890 7,890 0 0.00% Warren 225,174 237,697 12,523 5.56% Warroad 81,333 86,299 4,966 6.11% Waseca 1,368,283 1,389,140 20,857 1.52% Watertown 169,550 178,561 9,011 5.31% Waterville 31 3,364 319,379 6,015 1.92% Watkins 80,140 82,652 2,512 3.13% Watson 35,675 37,714 2,039 5.72% Waubun 29,955 30,783 828 2.76% Waverly 81,409 82,010 601 0.74% Wayzata 0 0 0 0.00% May 11, 1994 P15 City 1994 L A 1 5 LGA Chan2e Percent Change Welcome 128,124 130,753 2,629 2.05% Wells 582,604 603,587 20,983 3.60% Wendell 36,637 37,135 498 1.36% West Concord 110,808 113,626 2,818 2.54% West St Paul 1,091,488 1,103,932 12,444 1.14% Wes[ Union - - - -- - -- _ a ------ �,S� -�S -- - - - - -- oo - Westbrook 1 85,965 190,819 4,854 2.61 Westport 1,850 1,870 20 1.08% Whalan 6,927 7,229 302 4.36% Wheaton 330,171 338,175 8,004 2.42% Whi te Bear Lake 3.04 Wilder 9,319 9,711 392 4.21 Willernie 38,224 39,040 816 2.13% Williams 22,512 23,033 521 2.31% Willmar 2,214,797 2,248,430 33,633 1.52% WiIIow River _.. -- - - - - - - -- X4;94$ - 2 5,54 . $ ---- ------ 6 - 00 ------ - - 2.I - 9o - Wilmont 36,833 40,380 3,547 9.63% Wilton 57 94 37 64.91% Windom 666,361 679,582 13,221 1.98% Winger 32,022 32,453 431 1.35% inne ago 298,122 - 310,770 12 o Winona 4,631,053 4,711,662 80,609 1.74% Winsted 270,015 273,656 3,641 1.35% Winthrop 275,440 282,437 6,997 2.54% Winton 24,125 26,447 2,322 9.62% W olf e 7.49 Wolverton .18,756 19,075 319 1.70% Wood Lake 82,691 83,848 1,157 1.40% Woodbury 0 0 0 0.00% Woodland 0 0 0 _ 0.00% Woodstock 24,708 25,230 522 2.11 Worthington 1,831,977 1,849,334 17,357 0.95 %n Wrenshall 64,590 64,879 289 0.45% Wright 696 945 249 35.78% Wykoff 93,197 94,701 1,504 1.61% young 116,442 122,042 5 4.81% Young America 81,198 92,365 11,167 13.75% Zemple 1,209 1,209 0 0.00 % Zimmerman 63,888 67,317 3,429 5.37% Zumbro Falls 8,710 10,776 2,066 23.72% Zumbrota 369,340 377,657 ,_8,317 2.25% Totals 330,636,900 337,249,638 6,612,738 2.00% 0) P16 LMC Cities Bulletin Municipal ads continued may be obtained from the City of Faribault, PARK AND RECREATION DIREC- For sale 208 N.W. 1st Avenue N.W. 55021, (507) TOR. Maplewood has an immediate FT BUS. Benson is taking sealed bids for 334 -2222. Resumes will not be accepted opening for a parks and recreation director. unless accompanied with a completed city Salary range: $47,399 - $62,3341year. a Chevrolet Wayne bus. Carries 14 application. Applications must be received Performs administrative and managerial passengers, has m n miles, rebuilt at the city offices no later than 5:00 p.m., work directing operations including: park engine and transmission. Bids must be Monday, May 23, 1994. Salary range is development, maintenance, nature center, submitted to the City Manager, 1410 $11.09 to 13.87 Kansas Ave., Benson, MN 56215 no later $ per hour plus benefit open space program, and oversight of a new package. 90,000 square foot community center. than 4 :30 m., May 19, 1994. Parties interested in viewing the bus may call (612) HOUSING SPECIALIST 11. Faribault Requirements: bachelor's degree in park 843 -4775. is accepting applications for a housing and recreation administration, physical WASTEWATER PUMPS. The City of specialist 11 for the community develop- education, public administration, or a ment department. The primary focus of this related field and five years of administrative Pine Island has for sale three Allis Chalmers position is to provide administration and experience in parks and recreation with model vertical raw wastewater pumps. coordination of housing programs and emphasis in park development, budget and They haave ve 10 HP, are shaft driven, are 1985 e conduct inspections. Minimum qualifica- financial management, and park mainte- vintage, on. Make GPM, wet offer. er. Also well type tions include three years experience in nance. Three of the five years experience application. . 5 o Ao a 1985 administration and implementation of state, must have been as a supervisor. Master's vintage VFD fora 7 7. le motor, if interested contact federal, and local housing programs and degree in one of the above areas preferred. o Isl and, Box (507) 356 -4390 or the City housing inspection. Understanding of grant Also prefer experience developing or City of f Pine ine Isl programs and ability to assist in grants redeveloping parks; working with citizen 1000, Pine Island, MN 55963.0 writing. Good communications skills groups or commissions; developing and necessary. Bachelor's degree in housing, implementing a capital improvement plan; community development, or a related field oversight of a community center; public and supervisory experience preferred, relations; and certification as a Leisure Guidebook Applications and job descriptions may be Professional (CLP). To apply, contact city obtained from the City of Faribault, 208 of Maplewood, 1830 East County Road B, answers questions N.W. 1st Avenue, Faribault, MN 55021, Maplewood, MN 55109. (612) 770 -4500. (507) 334 -2222. Resumes will not be Deadline to apply is May 20, 1994. on municipal accepted unless accompanied with a PUBLIC WORKS SUPERINTEN- completed city application. Applications DENT. Biwabik, MN (population 1,097) bond financing must be received by the administration has an opening for a public works superin- office no later than 5:00 p.m., Monday, tendent. Salary DOQ /E. 23 year incumbent The National League of May 23, 1994. Salary range is $11.34 to at $31,304 retiring 7/l/94. Biwabik is a $14.12 per hour plus benefit package. progressive, energetic East Iron Range Cities has available a guidebook Salary commensurate with qualifications. community committed to a "Bavarian on municipal bonds called Tax- MUNICIPAL ELECTRIC SYSTEM theme" public - private partnership. Located Exempt Financing: A Primer. MANAGER. South Sioux City, NE at entrance base of Giants Ridge Recreation The book describes the (population 10,000). Starting salary $2,750 Area, a world class recognized nordic/ fundamentals of tax- exempt to $2,917 /month. Under direct supervision alpine (cross - country/down hill) resort financing, highlights constrtu- of public works coordinator, the selected presently developing a Lenny Watkins tional and public policy questions candidate will direct the repair, mainte- signature golf course and extensive lake surrounding the issuance of tax - nance, and new construction of distribution front housing. Reports to city- administra exempt debt, discusses major lines, substations, transformers, service tor. Performs supervisory and skilled lines; perform system design and mapping, maintenance work managing the operations congressionally enacted changes new construction coordination; administer a of a full service, growth oriented public in bond law and the impact they staff of six employees, $5 million budget, works department. Prefer demonstrated have had on issuers of municipal department's equipment/fleet vehicles. leadership, supervisory, organizational, and bonds, and provides answers to Must obtain Nebraska CDL. Prefer college interpersonal skills with "hands on" some of the most commonly used degree, with demonstrated management experience in a flexible, changing, public arguments against municipal skills in public /private electrical system. service environment. For required bond financing. Applications accepted until 5:00 p.m., May application packet containing complete job For a copy or for mom 20, 1994. Send resumes with cover letter description apply to: Office Manager, P.O. information call (202)`626 -3120 to: Jeffrey Harcum, Public Works Coordi- Box 529, Biwabik, MN 55708. Applica- nator, City of South Sioux City, 1615 Ist tions will be accepted until June 17, 1994. or fax (202) 626 - 3043. 0 Avenue, South Sioux City, Nebraska 68776. FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. 3223 League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 -8044 Phone: 612- 494,%% Fax: 612490-0072 TDD: 612- 490.9030 1- 800.925.1122, plus you city code J. The League of Minnesota Cities publishesr .: the Cities Bulletin weekly during the Legislative session and monthly during the `. p - interim, the time between sessions. Subscriptions: members -530: non- members -545. Contact: Publications Department. League of Minnesota Cities. Where to get information at r - n "'' �•' 1 3 iggy the Capitol Copies of bills House Chief Clerk's Office - 296- 2314, Rm. 211* Secretary of Senate Office - League of Minnesota Cities staff working with legislative issues 296 -2343, Rm. 231* 'Bill status, authors, companion, Jim Muter, Executive Director ommittee referral (by bill number, uthor, or topic) Duke Addicks, Director of Intergovernmental Relations House Index - 296 -6646, Rm. 211* Stan Peskar, General Counsel { Senate Index - 296 -2887, Pensions Rm. 231* Gary Carlson, Senior Intergovernmental Relations Representative Weekly committee schedules, bill General revenue sources for cities Introductions, and summaries of Local government trust fund committee and floor action Aid to cities House Information Office - Property tax system 296 -2146, Rm. 175 ** Senate Information Office - Sarah Hackett, Intergovernmental Relations Representative 296 -0504, Rm. 231* Transportation Fiscal administration of cities Recording of the following day's Economic development and redevelopment committee schedule and agenda, Government innovation and cooperation (after 4:30 p.m.) "House Cali" - 296 -9283 Ann Higgins, Intergovernmental Relations Representative Senate Hotline - 296 -8088 Telecommunications Housing To reach a member on the House Elections and ethics or Senate floor Utility service districts House Sergeant at Arms - 296 -4860 Joel Jamalk, Senior Intergovernmental Relations Representative Senate Page Desk - 296 -4159 Growth management and land use Environmental protection To notify the governor's office of Personnel and labor relations your concerns Public safety Gover mir Arne Carlson - General municipal governance 296 -3391. Rnt. 130* ' Mary Diedrich, Legislative Secretary *State Capitol, St. Paul, hiN 55155 **State Met Building, St. Paul 5515 -5 Julie Johns, Legislative Secretary All area codes are 612 CITY OF BROOKLYN CENTER Council Meeting Date 05123 Agenda Item Number 6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM - HUMBOLDT AVENUE IMPROVEMENT PROJECT UPDATE DEPT. APPR VAL• Mark J. Maloney, Engineer MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes In accordance with the City Council's directive on March 28, 1994, City Staff (with the project consultant Westwood Professional Services) has developed • preliminary plans and level -of- service traffic analyses for two different design widths for Humboldt Avenue North, from 69th to 73rd Avenues North. Information was shared with the Humboldt Avenue residents at an informational meeting on Wednesday, May 4, which included preliminary designs incorporating the elements (curvilinear alignment, signage improvements, etc.) and design widths (32', parking one side and 30', no parking) features as desired by the Council at the March 28 meeting. The stated intent was to develop plans and designs which would allow the City to utilize State Aid funding for the street reconstruction costs, and to implement a road reconstruction.project yet in 1994. The existing traffic level on this segment of Humboldt Avenue is approximately 9,000 vehicles per day (vpd), which places the roadway near the upper limit (10,000 vpd) of the Collector classification. The analysis that is performed by Mn /DOT's State Aid Division includes a check of the 20 year (2014) traffic forecast against the functional classification. In the case of this segment of Humboldt Avenue, the 20 year projected traffic volume which has been forecasted by a regional traffic model is approximately 12,000 vpd, which indicates to State Aid that Arterial, not Collector, design criteria is appropriate. The State Aid Division may, at its discretion, allow "extra" traffic within a functional classification (e.g. 12,000 vpd in a collector classification) provided a valid Level -of- Service analysis is performed which indicates that the roadway will, at future traffic levels, operate at a level -of- service of at least "D" on an A to F scale, with A being best. City staff and the project consultant have previously met with State Aid representatives to agree upon an appropriate methodology to performing the analysis. The Level -of- Service analysis has been completed and forwarded to State Aid. A copy of the analysis and correspondence is attached for reference. Our interpretation of the results is that the use of Collector design criteria (32 wide, on- street parking one side) will result in a future level -of- service of "E" and "F" for the intersections of Humboldt Avenue with 69th and 73rd Avenues, respectively. If State Aid makes the same official interpretation, and we believe that they will, the City will not be able to fund the construction of a 32' wide, on- street parking scenario with State Aid monies. If the City still • wishes to pursue the use of State Aid for the 32' wide, on- street parking design option, the City's only alternative would be to request a variance from the Arterial design standards. The City's request would be that the acceptable roadway width be varied from 36' (the Arterial design width for on- street parking) to 32'. The Commissioner of Transportation will initiate the process for consideration of a variance upon receipt of a formal resolution from the City Council, and schedules hearings for such consideration every 3 months. It is staff's opinion that, if the City ultimately pursues the use of State Aid funding through the variance process, that 1) the request will likely be denied, as most successful requests involve a requested variance of 1 or 2 feet at most in width, and 2) regardless of outcome, the process will absolutely preclude any roadway improvements to Humboldt Avenue in 1994. Regarding the "fall back" option of a 30' wide, no parking scenario, plans and specifications for such could (and would) be developed by the project consultant, Westwood Professional Services, and submitted to State Aid with no further traffic analysis required. The 30' design width, with no on- street parking, conforms to State Aid minimum standards for the Arterial classification. With the normal State Aid plan review process, it is likely that a contract for construction for a Arterial design could be let late this summer, with at least half of the construction being completed this year. It is probable, however, that even under this scenario, the project would have to be finished in 1995. RECOMMENDED CITY COUNCIL ACTION • As was noted above, the Level -of- Service analysis required for the further consideration of a 32' wide, on- street parking (Collector) scenario has been forwarded to State Aid for their official interpretation. Staff believes that it is unlikely that they will approve the use of State Aid funds for the resulting Level -of- Service. If the City Council elects to request a variance from Arterial roadway standards, it could so direct staff to prepare a resolution for its consideration, If the City Council elects to approve a 30' wide, no parking (Arterial) scenario, staff would direct the project consultant to prepare final plans and specifications for such and forward to State Aid for their normal plan review. It would be with the intention of still getting a roadway reconstruction project off the ground for 1994. Future directions and decisions are summarized below: 1. Level -of- Service study and concept plans submitted, response to be received in 2 -3 weeks. 2. If approval is given for 32' roadway, consider directing staff and consultant to prepare final plans and specifications. 3. If 32' roadway is not approved, • a) By resolution request Commissioner of Transportation to consider a variance OR CITY 6301 SHINGLE CREEK PARKWAY OE] OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE Mark J. Maloney, P. E. 911 City Engineer May 19, 1994 Ms. Mary L. Bieringer, P.E. Metro Division Assistant State Aid Engineer Minnesota Department of Transportation 1500 W. County Road B2 Roseville, MN 55113 Dear Mary, As you are aware, the City of Brooklyn Center desires to complete an MSA roadway reconstruction project on Humboldt Avenue between 69th Avenue North and 73rd Avenue North. The proposed cross section for this roadway is 32 feet, with parking on one side of the street. The purpose of this letter is to request State Aid consideration of the City's request to pursue plan development for this roadway at the stated 32 -foot width. The remainder of this letter provides background information on the proposed project. Traffic Volume Information The current daily traffic volume on Humboldt Avenue between 69th Avenue North and 73rd Avenue North is 8,930 on an average weekday basis (AWDT) and 8,040 on an average annual (7 day AADT) basis. This information is based on a 96 -hour count conducted in April of 1994 and adjusted according to day of week/month of year factors appropriate for this roadway. A 20 -year traffic forecast for the northern portion of Brooklyn Center and all of Brooklyn Park was previously prepared by the firm of Strgar - Roscoe- Fausch, Inc. That forecast indicated a projected weekday volume of 12,000 vehicles for this segment of Humboldt Avenue. Roadway Classification The current traffic volume on Humboldt Avenue places the roadway in the Collector classification (i.e., under 10,000 AWDT). The proposed 32 -foot roadway design meets the width standards for a collector street with parking on one side. With the 20 -year traffic volumes projected to exceed 10,000, a level of service analysis was conducted to determine future operations with the proposed roadway design. �i � May 18, 1994 Page Two Level of Service Analysis A level of service (LOS) analysis using 20 -year traffic forecast data was prepared by the firm of Westwood Professional Services, Inc. (The report enclosed with this letter describes the LOS analysis in detail.) Within the project area, the critical locations for LOS determination are the two sets of all -way stop signs on Humboldt Avenue at 69th and 73rd Avenues North. The table below summarizes the LOS for the peak periods at these locations. Humboldt Avenue Year 2014 Level of Service Analysis AM Peak PM Peak Humboldt Avenue /69th Avenue North E F .Humboldt Avenue /73rd Avenue North F E If you have any questions on our proposed design or the data and analysis presented with this letter, please contact me at your earliest convenience. The City of Brooklyn Center is looking forward to advancing this roadway reconstruction project using MSA funds. I appreciate your consideration of this project and look forward to hearing from you. Sincerely Mark J. Maloney, E. City Engineer Attachments File: 1994 -05 & 06 612 957 5322 05x`10 14:17 V612 937 5322 WEST{OOD PRE) S17 S 01003•' °0g Westwood Professional Services. Inc. W 14180 Trunk Hwy. Eden Prairie. MN 55344 612. 937.5150 FAX 612- 937.5822 MEMORANDUM Date: May 10, 1994 To: Mark J. Maloney, P.E. From: Allan S. Klugman, P.E. Re: Humboldt oldt Avenue peak Flour Level of Service Analysis This memorandum summarizes the level of service (LOS) computation methodology that was used to analyze Humboldt Avenue between 69th Avenue North and 73rd Avenue North in the City of Brooklyn Center. Level of service ratings represent a quality of service provided t g P rt tY P o o the driving public and are reported as letter grades A through P g F. On urban surface roadways vehicle delay is the maul deternuxuxg factor in an LOS evaluation. Within this segment of Humboldt Avenue, the critical locations for delay and, therefore, LOS analysis, are at the all -way stop sign- controlled intersections at 69th and 73rd Avenues North. The service levels determined for these locations govern the determination for the segment. State Aid guidelines direct that for computations, "level of service has the meaning given it in the Highway Capacity Manual, Special Report 209." The current (1985) version of the Highway Capacity Manual (PICM) contains computation methodologies for dete level of service ratings for several types of roadway facilities. However, four -way or all-way stop sign —controlled intersection analyses are not directly addressed by the 1985 HCM, In 1990 Professor Michael Kyte of the University of Idaho developed a set of procedures for all-way stop - controlled (AWSC) intersections. Professor Kyte's analysis methodologies are widely accepted and will be incorporated into the revised HCM scheduled for 1995 publication, .Although the current HCM does not contain an AWSC analysis methodology, the level of service: meanings produced by Professor Kyte's methods are consistent with the definitions in The current HCM_ In other words, a letter grade determination, A through F, as reported by Professor Kyte's methods has the same meaning as letters A through F reported in all HCM analysis cases. The input data for this analysis was based on two iterns: 1) Current peals period traffic counts at 69th and 73rd Avenues. These were used to establish base patterns at the intersextions. 2) Twenty -year daily forecast volumes. These were used to establish an expected growth in the peak hour forecast over the twenty-Year period. 512 937 5322 05/10/94 14:18 $612 937 5322 WESTWOOD PRO SE'S Q1 004/008 Mr, Mark J. Maloney May 10, 1994 'age 2 The calculations were produced using a LOTUS file computer program developed by Professor Kyte to carry out his computational methods. The program printouts are attached to this memorandum. For each analysis case, the reported LOS represents the critical LOS rating along Humboldt Avenue for that peak hour. The table below s ummarize s the LOS determination for the a-m. and p.m_ peak hours for the key Humboldt Avenue intersections. Humboldt Avenue Year 2014 Level of Service Analysis AM Peak PM Peak Humboldt Avenue/59th Avenue North E F Humboldt Avenue/73rd Avenue North F E If your have any comments on the analysis presented or require additional information, please contact me at your earliest convenience. 512 937 5522 05,'10/94 14:13 $612 937 5822 WEST1500D PRO SE'S U05 / 00q File: H69A2014 Intersection: Humboldt /69TH Year: 2014 Period: AM Peak Eastbound Westbound Northbound Southbound Left -Turn Volume 0 60 43 46 Through Volume 0 59 85 871 Right -Turn Volume 320 0 40 40 Peak -Hour Factor 0.95 0.95 0.95 0.95 Number of Lanes 1 1 2 2 Capacity, vph 204 517 907 1036 volume /Capacity Ratio 1.65 0.24 0.19 0.97 Delay, sec /veh 528 3 2 40 Level of Service F A A E Comment: EB /WB analysis only reports critical lane. Humboldt ,Avenue Reported LOS: E 512 937 5822 05/10194 14:19 U612 5822 WESTWOOD PRO SVS 006/008 File: H69P2014 Intersection: Humboldt /69TH Year: 2014 Period: PM Peak Eastbound westbound Northbound Southbound Left -Turn Volume 70 65 223 23 Through Volume 109 142 649 296 Right -Turn Volume 0 0 133 42 Peak -Hour Factor 0.95 0.95 0.95 0.95 Number of Vanes 1 1 2 2 Capacity, vph 175 157 817 663 Volume /Capacity Ratio 1.08 1.39 1.29 0.57 Delay, seC /veh 60 197 9 137 g Level of ServiCe F F F B Comment: ES /WH analysis only reports Critical lane. Humboldt Avenue Reported LOS: F t �1Z 9�7 SSZZ - 05 %10!94 11:19 $612 987 5822 WESTWOOD PRO SVS � 007/008 File: H73A2014 Intersection: Humboldt /73rd year: 2014 Period: AM Peak Eastbound westbound Northbound Southbound Left - Turn Volume 23 19 5 73 Through Volume 245 29 97 782 Right -Turn Volume 46 18 6 0 Peak --Hour Factor 0.95 0.95 0.95 0.95 Number of Lanes 1 1 1 1 Capacity, vph 314 298 618 808 Volume /Capacity Ratio 1.05 0.23 0.18 1.11 Delay, sec /veh 55 2 2 69 Level of Service F A A F Comment: Southbound analysis does not include exclusive right turn lane. Humboldt Avenue Reported LOS: F J 612 937 5822 05;10/94 14:19 V612 937 5822 WESTWOOD PRO SVS 008 v , File: H73P2014 Intersection: Humboldt /73rd Year: 2014 Period: PM Peak Eastbound westbound Northbound Southbound Left -Turn Volume 34 24 2 9 43 Through Volume 53 162 611 274 Right -Turn Volume 18 175 17 0 Peak -Hour Factor 0.95 0.95 0.95 0.95 Number of Lanes 1 1 1 1 Capacity, vph 408 322 757 718 Volume /Capacity Ratio 0.27 1.18 0.91 0.46 Delay, sec /veh 3 89 32 6 Level of Service A F E B Comment: Southbound analysis does not include exclusive right turn lane. Humboldt Avenue Reported LOS: E Cot=il Meeting Date 5/23/94 31 City of Brooklyn Center Agenda Item Number Request For Co uncil Consideration S Item Description: Shingle Creek Drowning Incident Department Approval: Gerald G. Splinter, City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) On Tuesday, May 3, 1994, Jermol Ferguson drowned and was recovered from Shingle Creek by members of Brooklyn Center Police and Fire Departments. Initial information indicates Jermol slipped into Shingle Creek just north of the Ponds property west of Brooklyn Boulevard, and his body was • recovered downstream from Shingle Creek on the east side of Brooklyn Boulevard. Mayor Paulson has received a copy of the attached petition containing approximately 100 signatures. I have talked to Mr. Brustad, a representative of the Ponds cooperative ownership, and he has informed me that since the unfortunate drowning incident, the Board of Residents for the complex has met and initially discussed the issues raised by the petition. The Board of Residents is a group of residents which advise management on various issues of resident concern. Mr. Brustad further reported the Board of Residents will be meeting on Monday, May 23, 1994, to again discuss issues surrounding the tragic drowning, and he indicated he would keep me informed of their consideration and discussion. Because the tragic incident appears to involve mostly private property issues, it would be Staff s recommendation the City Council await the outcome of the discussions and considerations on the part of the Ponds property ownership and their Board of Residents prior to taking any specific actions. Recommended City Council Action: Recommend City Council direct staff to work with the Ponds cooperative ownership and their Board of Residents. CITIZEN PETITION IN MEMORY OF JERMOL BLOXSON, age two, who died when he fell into Shingle Creek and drowned, IN order to avoid such similar tragedies from happening to other children in the future, WE residents, neighbors, and friends of the ponds area respectfully request that the following actions and issues be addressed: Fencing on the ponds property should be built to keep small children in a safe area. Signs should be placed around any creek, pond or other dangerous place. Trash, debris, and brush should be removed to improve visibility of the creek and ponds. Youth activities at the Ponds or the Community Resource Center that teach respect for and appreciation of water, trees, and nature. Neighborhood Crime Watch should be implemented at the Ponds. A memorial fund in memory of Jermol Bloxson be established and supported. NAME ADDRESS - - -- a - i > s i t i �j - C ` i f - m _�_hQ? �S - - - - -- - - - -- _ _ - - - - - - -- 1 (Y)PL _ C , Z , ck C,� C,- ��Z t eL- c h a i1 L �-�., ufwvt Grr1� Or i/?ez i J� 2 . -- -- - — - _ - — 2q- G ' cS i -a, O -- � - 225 - - r A Q, o -- — — IL -- - 2 161" i2 _ �� 2 «,✓���f� p S 'AJ R kC 3 CITY OF BROOKLYN CENTER Council Meeting Date 5 -23 -94 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION 40 ITEM DESCRIPTION: Discussion Item - An Ordinance Amending Chapter 34 of the City Ordinance's Regarding Non- Commercial Opinion or Expression Signs DEPT. APPROVAL: jeo.. Ronald A. Warren, Planning and Zoning Specialist ****************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 7 _ 4*4 * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) On February 28, 1994 the City Council reviewed and discussed the City's Sign Ordinance • relating to certain freedom of speech /opinion signs. It was reported at that time that some of our sign ordinance regulations might not stand a constitutional challenge particularly as they relate to the prohibition of non - commercial opinion or expression signs. A letter from the city attorney reviewing two recent sign ordinance cases, Goward v. City of Minneapolis declaring the Minneapolis Sign Ordinance unconstitutional and a Ramsey County District Court case supporting the City of New Brighton's regulations relating to such signs, was also reviewed. The City Council, following that review and discussion, directed the Planning Commission to consider this issue and advise the Council on possible ordinance amendments. The Planning Commission reviewed and discussed the sign ordinance issues at three meetings, March 17, 1994, April 28, 1994 and May 12, 1994 and has recommended that the City Council amend the sign ordinance to provide various regulations involving the display of non - commercial opinion or expressions signs. They believe these regulations to be reasonable restrictions given the constitutional limitations imposed on opinion or expression signs. A copy of the recommended ordinance amendment, entitled An Ordinance Amending Chapter 34 of the City Ordinance's Regarding Non - Commercial Opinion or Expression Signs, is attached for the City Council's review. Also attached are copies of the March 17, April 28 and May 12, Planning Commission minutes relating to the Commission's review and discussion of this matter. • The recommended ordinance would define and distinguish "campaign signs" and "non- commercial opinion or expression signs ". Campaign signs are already allowed by ordinance and can be displayed during a specific period of time when campaigns are being conducted. The non - commercial opinion or expression signs would be allowed to be displayed anytime but would be limited to one such sign not to exceed 6 square feet in area per residentially zoned or used property provided the sign is not illuminated and is maintained and not otherwise prohibited by other sections of the sign ordinance. (See Sections 34 -140, subdivision 1 and 34 -130 of the City Ordinances attached). In commercial or industrial areas a person could utilize existing signery for the purpose of a non - commercial opinion or expression sign, RECOMMENDATION It is recommended that the City Council review and discuss the Planning Commission recommended ordinance amendment and, if it meets with the Council's general approval, set it on an upcoming City Council agenda for first reading. • • -2- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1994 at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amendment to Chapter 34 of the City Ordinances. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING NON - COMMERCIAL OPINION OR EXPRESSION SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinance of the City of Brooklyn Center is hereby amended in the following manner: Section 34 -100 STATEMENT OF PURPOSE. The purpose of this ordinance is to protect and promote the public health, safety, and welfare within the City by the establishment of comprehensive standards, regulations, and procedures governing the erection, use or display of devices serving as visual communications media; to promote and preserve aesthetics within the City; to preserve the residential character of residential neighborhoods; to preserve order and cleanliness: to avoid the appearance of clutter; to avoid litter and the growth of weeds around signs; to provide for necessary visual communication to preserve and promote a pleasant physical environment, to protect public and private property, and to encourage safety upon the streets and highways within the City of Brooklyn Center by preserving sight lines and reducing distractions to motorists, to reduce adminstrative burdens by regulating the type, number, structure, size, location, height, lighting and the erection and maintenance of all outdoor signs and sign structures within said City. The City Council finds that off - premise advertising signs constitute traffic safety hazards and are unattractive. The provisions of this Chapter regulating off - premises advertising signs are consistent with other efforts within the City to enhance aesthetics and promote traffic safety, such as regulations pertaining to solid waste disposal, anti- littering, and traffic safety. Section 34 -110 DEFINITIONS. The language set forth in the text of this ordinance shall be interpreted in accordance with the following definitions. Words used in the present tense shall include the future; words used in the singular -shall include the plural and the plural includes the singular.1 Sign, Campaign - A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a governmental election. Sign, Non - Commercial Opinion or Expression - A sign which does not advertise products, goods, businesses or services and which expresses an opinion, statement or point of view. Section 34 -140. PERMITTED SIGNS. 2. Permitted Signs not Requiring a Permit. f. Portable and freestanding [political] campaign signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area, except that there shall be no limitation on the size of [political] campaign or other non - commercial signs during the period from August 1 in a state general election year until ten (10) days following the state general election. Freestanding [political] campaign signs may be installed only upon private property with the permission of the property owner who shall be responsible for the removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal [political] campaign sign shall be held responsible therefor. n. Non - Commercial opinion or expression signs as follows: 1. One such sian not to exceed six (6) square feet in area is allowed on private residentially zoned or used property, with the consent of the property owner, provided it is not an illuminated sign and is erected and maintained in accordance with Section 34 -140, Subdivision 1 and is not otherwise prohibited by Section 34 -130 of the City Ordinances. 2. Any le area allowed on a site which is devoted nor si ab — Y single sign an commercial or industrial use may be used in lieu of other Y Y sgnage permitted under this ordinance, as a non - commercial opinion or expression sign. Section 2. This ordinance shall become effective after adoption and upon � (30) days P P thirty following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNT OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 17, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:33 p,m. ROIL CALL Chairperson Tim Willson, Commissioners Donald Booth, Debra Hilstrom, Mark Holmes, and Robert Mickelson. Commissioners Dianne Rcem and Ella Sander arrived shortly after the meeting began. Also present were the Secretarr� to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Kathy Stratton, APPROVAL OF MINUTES - FEBRUARY 16 1994 There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes to approve. the minutes of the February 16 , 1994, Planning Commission meeting as submitted The. motion passed unanimously, Commissioner Mickelson abstained due to his absence. CHAIRPERSON'S EXPLANATION Chairporson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. FREEDOM OF SPEECHIOPINION SIGNS Chairperson Willson introduced the first item of business, a discussion tar Freedom of Spccch /Opinion Signs. The Secretary explained the issue for discussion regards non - commercial signs that express an opinion, not. necessarily ca mpaign related. He explained the current Brooklyn Center sign ordinance limits th4 placement of signs in connection with an election to 60'days before and 10 days after the election. He said any sign not listed as a permitted sign in the ordinance is a prohibited sign. But several recent court cases indicate Brooklyn Center's ordinance could be unconstitutional as it relates to opinion signs. He explained two such cases, w rd ys, tile_ City of Minn_opolis, and a case in New Brighton regarding opinion signs about animal rights. He said New Brighton does not prohibit opinion signs but 3 -17 -94 1 r e regulatcs them as to number, size, and placement on property. He said the New Brighton ordinance was upheld at the District Cotirt level, but is currently in the Minnusuta Cuurt of Appalls for a decision sometime this summer about whether regulating the number of signs and the location on property violates a person's freedom of speech. He said there is starting to he some case law and Constitutional law regarding what a City can and cannot do in regard to opinion signs. The Secretary stated two points, first it appears the City cannot prohibit non - commercial opinion signs. He said the City certainly can regulate commercial signs and billboards, but an opinion sign on someone's property appears to be a right that must be protected. He said it also appears that based on aesthetics, health, and safety, certain aspects of these signs may he regulated, such as their size, number and location. His second point was opinion signs cannot be regulated in a manner more restrictive than commercial signs. He asked the Commission to determine: ways, if any, they want to recommend regulating these signs, as well as defining what they are. He said the Commission should address the issue as it would apply to residential and commercial areas, number, size, location, and the possibility of using language similar to the language in the ordinance that already exists. He said the Commission should steer clear of recommending any action that limits or otherwise regulates the mcsmgc of the signs. Commissioner Reom asked if it would be possible to limit the number of days a sign is up out of consideration for neighbors. Chairperson Willson said he did not believe you could put a time on someone's opinion, and' it would also he hard to monitor. Commissioner Holmes asked if the signs recently put up addressed to Mr. Carruthers expressing an opinion are illegal. The Secretary said according to the current sign ordinance they are, but the City is not enforcing these, regulations because of the court cases and the fact that the City heeds to modify its regulations about opinion signs. Chairperson Willson said one distinction between political or campaign signs and opinion signs is for political signs the candidate is buying the sign and paying to put it in someone's yard, and with opinion signs the homeowner buys it himself or herself and erects it in the yard. He added that he relieved the City can't say after 2 weeks, or some period of time, it must be taken down by the homeowner. Commissioner. Reem expressed the opinion that neighbors who must view these signs have rights also, and what happens when a neighbor calls and complains about such a sign or signs? 3 -17 -94 2 The Secretary said if the sign is ragged and torn so it is an eyesore it can be regulated, but otherwise it appears it would infringe upon the homeowner's rights to have it taken down bceause of a neighbor's complaint. Chairperson Willson commented that signs with graphic photos or lewd content would technically have to tic acceptable also. The Secretary said pornography can be regulated, although it has become hard to define pornography, He said it's true, there could potentially be 10,000 signs in the City and someone could even put up a sign saying "Let's get rid of all the signs," but the court has said this is a right people should have. The Secretary said a sign can say just about anything;, but if it's spray painted an a house or building then it is illegal under current ordinance standards. He said no signs can be in a public right of way or tacked can power poles, fences, or trees, nor can they be painted on buildings. He also said the City can require. signs he maintained. Chairperson Willson asked if painting a building a particular color can be considered a sign. The Secretary said that has been an issue for commercial property but not residential property. He explained certain commercial restrictions that had been enforced such as limiting Neon on a roof or words on a canopy. He said each case is considered on an i individual basis and the ordinance is interpreted and applied. Chairperson Willson said the City has good ground to stand on regarding commercial sign limitations, but it's the public individual signs where it's "splitting hairs." The Secretary said New Brighton has limited signs to one per frontage (which means two signs for corner lots) and a size of six square feet. Commissioner Holmes asked why the New Brighton ordinance is being challenged and the Secretary said he thought it was because of the number and size limitations. Commissioner Reem asked if a property owner would have to have a permit from the City to put up a sign, and who would check to see if it is maintained. The Secretary recommended against having property owners obtain permits before displaying signs because it would be an administrative problem. As for enforcement it would be, in ull likelihood, Code Enforcement and Inspection personnel that would be responsible. The Chairperson said requiring permits for sign placement might be a problem if a fee is charged. He said there is no permit required for real estate signs, which are about six square feet in size, and garage sale signs which are comparable commercial type signs found in residential areas. 3 -17 -y4 3 Commissioner Sander confirmed that is the size of real estate signs and said to her knowledge no permit is required in any of the suburbs for such signs. Commissioner Booth said he agrees with Commissioner Room regarding limiting the time signs can be displayed, and he said he didn't think it would be going beyond the jurisdiction Of the City to rcquirc such regulations. Chairperson Willson said he would like to see limitations as well but did not think a time limitation would held up in court. Commissioner Booth referred to a letter from the City Attorney which made it seem time limits would be allowable, The Secretary said it would he a good idea to discuss this with the City Attorney more. He said if time were to be limited a permit would probably be necessary, otherwise it would be impossible to know when a sign went up in order to have a say in when it should come down. He said that Would definitely add to the enforcement time necessary for signs, Commissioner Booth said political or campaign signs often have a disclosure statement saying who put it up and who paid for it. He suggvted that same type of disclosure could he put on every sign. The Secretary said he Would strongly recommend the City not get into the permit process for such signs, Commissioner Hilstrom said there will he wear and tear on signs because of weather so pcnpic will have to change or move a sign periodic4tlly anyway, She added, if there were a time limit people could take a sign down and then put it right hack up anyway. Commissioner Mickelson asked Commissioner Booth what the number is for the Minnesota statute he had referred to, and Commissioner Booth said it is MN Statute 211b.045. Commissioner Hilstrom said if political or campaign signs cannot be limited in number, then could opinion signs be limited in number? The Secretary responded he thought so because political -ar campaign signs are regulated for a time limit, they are not limited to number. He said if there is no time limit on opinion signs, that could he good reason to limit number, .Commissioner Mickelson asked if portable signs are allowed for campaign or political signs, and the Secretary stated they are if they're 16 feet or less unless it is a state general eau tion year, which means there is no limit to size, 3-17-94 4 Commissioner Mickcison asked about lighted signs, and the Commission concurred there should Inc no lit opinion signs and they could regulate based on potential safety hazards. Commissioner Holmes asked about Christmas displays, and the Secretary explained tormporary displays for civic or religious holidays are allowed by the current Sign Ordinance, Commissioncr Hilstrom asked if there is any way to limit graphic signs that could be upsetting to small children, and the Secretary said that could be considered limiting the message which is probably out of the boundaries for a City to do, He added pornographic displays are regulated. Chairperson Willson said he had come up with a short list of things for the Secretary to look into: -time length for sign display -onc sign per individual or frontage - lighted signs -sizu - owner's name and date of erection on sign maintenance - location on property The Secretary said maintenance and location on private property are already taken care of in the existing sign ordinance. He said he would like to pursue a consensus from the Commission so the next time they meet they can daft some type of language. Chairperson Willson explained enforcement of sign violations is already taken care of under the City Manager's jurisdiction. He said it is treated as a misdemeanor with a $700 fine or 90 clays imprisonment. The Secretary explained the City usually notifies a person of a violation and then requests correction within a certain number of days. He said if there is no correction in that time, then the City tags the individual Commissioner Mickcison asked if the Minnesota Statute could he provided to the Commissioners and the Secretary responded it could. Commissioner Booth said if the name and date of erection were put on the sign it would be helpful if it New down the street, then someone could return the sign. Thcrc was discussion regarding size and the Commission came to the consensus that limiting opinion signs to six square feet would be best, Thp Commission also agreed signs should not he lit. 3 -17 -44 5 Commissioner Hilstrom asked about spot lights and the Secretary said indirect lighting could also he prohibited, Commissioner Holmes mentioned sometimes signs inside a house can show through the window, and the Secretary said the wouldn't a regulated unless h sign w Y b re .s t e n as flashing tti g g and could he seen from the street as per the current ordinance. Regarding placing the owner and date of erection on a sign all agreed it should be considered part of the sign rather than in addition to the six square feet. Commissioner Mickelson said he would vote against putting identification on signs. Commissioner Sander said if a sign was really derogatory against another person it would he good to have identification, especially if someone Gould put a sign in her yard while she was away on vacation, and without identification she could be sued for slandering someone when she did not do it. - 1'he Secretary said identification would not help with lawsuits but he would check this out With the (..ity Attorney, He said he also wanted to point out New Brighton ordinance limits opinion signs in commercial areas to already existing signs where you Gall use a sign that's alrcady installed for an opinion. He said though Brooklyn Center doesn't regulate reader hoards it would be good to use the same approach as New Brighton did. The Secretary said he would also suggest Iimiting to one sign per premise or one per Irontagc, hUt hecause, that can he vague in instances of multiple dwellings he said he would check into it, Commissioner Hilstrom suggested the wording could be "one sign per property owner ", and Commissioner Sander Stated multiple family omes have their own rules regarding that P Y g g tYP e of thing. Commissioner Hilstrom asked about churches and schools, and the Secretary explained they are limited as commercial establishments would bo, Chairperson Willson presented his amended list of items that seem to be a consensus by the Commissioners for consideratian regarding the sign. issue: -G square foot signs, not lit - pursue the possibility of a time length -check into limiting signs to one per dwelling -check into requiring owner and date of sign placement -chock into opinion in commercial areas - pursue warding to include multiple dwellings 3-17-94 6 The Secretary agreed to check into these things, meet with the City Attorney, and draft some language far the meeting can April 14th, QTHER BUSINESS 130cau5c there were no issw s pC.nding, there was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to cancel the March 31, 1994 Study Session, and thcrufore the next mooting of the Planning Commiss =on is to be April 14, 1994. The motion passed unanimously, The Secretary said business likely to be on the agenda for April 14 is a possible Brookdale Square expansion and request for re- platting by the Lutheran Church of the Master. There was discussion regarding the progress of Taco Bell dumpster screening and other current projects as well as the status of the lawsuit from Holiday Stationstores, Inc. Commissioner Reem commented there had been a very positive meeting of apartment owners regarding what landlords can do about screening residents and cleaning up apartments. She said she felt it was a good thing, and the Secretary added these meetings have been going on for about two years. Commissioner Reen1 pointed out there is a creek between Little League Park and Garden City Park that is full of rcfusc and debris that has been therefor years and looks and smclls • hid_ She asked if someone could be contacted to clean it up and the Secretary said he would check into it. Commissioner Reem also commented Brooklyn Boulevard is full of potholes again and the construction company should be contacted to do it over since they did not dO a good job. She said it hasn't held up more than a year. The Commission discussed what a nice addition to the City the Cracker Barrel restaurant has been. ADJOURNMENT Thcre was a motion by Commissioner Mickelsnn and seconded by Commissioner Hilstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:21 p.m. Chairperson Recorded and transcribed by: Kathy Stratton TimGSavor Off Sitc Secretarial 3 -17 -94 7 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 28, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:40 p.m. ROLL CALL Chairperson Tim Willson, Commissioners T)nn;ild Honth, Debra Hilstrom, Mark KQlmes, and Robert Nickelson, Dianne Room. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Kathy Stratton. Commissioner Ella Sander was unable to attend. APPROVAL OF MINUTES - APRIL 14. 1994 Commissioner Nickelson pointed out his name and Commissiuner Booth's name had been switched in the minutes and the Secretary took note of the necessary changes. There was a motion by Commissioner Booth and seconded by Commissioner Mickelson to approve the minutes of the April 14, 1194, Planning Commission meeting with changes as noted. The motion passed unanimously. DISCUSSION ITEM FREEDOM OF SPEECHIOPINION SIGNS Chairperson Willson introduced the first item of business, a discussion of Frccdom of Speech/Opinion Signs. The Secretary passed out a draft ordinance regarding this sign ordinance issue for the purpose of discussion, He explained anything underlined was an addition to the ordinance that already exists and anything in brackets he is recommending for removal from the ordinance. He explained his-discussion with the City Attorney regarding . requiring identification on the signs of the person putting up the sign. He said.. the Qt Attorney discouraged this as unnecessary and` may be an unreasonable requirement. The ; Secretary said they had discussed the concern of the Commission that someone could put up a sign in someone else's yard `without the property owner knowing who was responsible. The City `.. Attorney didn't seem td think that would be a big problem as the property, could remove it upon discovery, 4 -28 -94 1 The Secretary also stated the City Attorney did not think it is a good idea to pursue a time limit on the signs because it seemed unreasonable and would be an administrative problem to monitor. He said the City Attorney thought regulating the signs with stipulations regarding maintenance, was a more fair approach. The Secretary said having a limit on how long a sign can be up would require permits for signs which would take more time and administration than the benefit would merit. The Secretary continued the City Attorney believed limiting the number of signs to one per property would not be a problem, not even with multiple dwelling situations. He stated d be one opinio t r m l and the comp lex owner is the one with the there cool neon s ca F p � per F � Tight to display a sign, not each tenant. He said in a town home situation each owner would be allowed to place a sign with the consent of the association, and there could also be one sign in a common area for the complex. The Secretary said the language for opinion signs in commercial areas was taken from New Brighton and allowed the conversion of any existing sign to an opinion, but would not allow any additional signs, He said he did not anticipate any problems in the commercial area regarding these types of signs. The Secretary read through the draft ordinance and explained it amends chapter 34 by adding pol itical signs to cam si He I � two new definitions and chang the title o p gn gn g $mg Po � added these expression signs would not be regulated during a State general election year, not even the size or number, from August 1 to 10 days after the election. He asked the Commission for discussion an d re Commissioner Holmes asked how the Commission had come up with 6 feet for a size and the Secretary stated that this is the same as the maximum size allowable for real estate signs. Commissioner Mickelson asked what Section 34 -130 currently contains and the Secretary explained it currently details prohibited signs, The Secretary then pointed out a slight error in t he ordinance that needed correction by adding subdivision number 2 relating to permitted signs not requiring a permit. There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to table this to give the Commission more time to look over the ordinance. The motion passed unanimously, Commissioner Hilstrom said she would like to see the changes to the Ordinance before making a final recommendation, and the Secretary replied he could make the corrections and circulate the new version before the neat Planning Commission meeting. Commissioner Booth reminded the Secretary the Commission had requested copies of both the original and amended versions of the New Brighton Or dinan ce. 4 -28 -94 2 — The Secretary apologized for neglecting to put that into the packet for this evening and said he would get it for the next meeting, In response to a question by Commissioner Holmes, the Secretary said the City is now in a position where signs ' are appearing in the community that are technically prohibited because they are not expressly allowed. He added to cite someone because of such a sign it would, in all likelihood, be thrown out based on constitutional challenges. He said the main objective is to make the ordinance current given these facts. Commissioner Mickelson commented some signs could have content regarding campaign issues and could be disguised by taldng the form of opinion signs. The Secretary responded an opinion is always an opinion, whether it is a campaign issue or not. CH AIRPERSON'S E XP LAN ATION CH 1 Commission is an ad visory bo d y . t ;hai ersan Willson explained the P �' . - One of the P lanning ry Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 94 ( EVANGELICAL LUTHEBAN CHURCH OF THE MASTER Chairperson Willson introduce: d the first item of business, a request from Evangelical Lutheran Church of the Master for preliminary plat approval to combine the church property located at 1200 69th Avenue North and a single family residential property at 1120 69th Avenue North into a single parcel, The Secretary presented the staff report and used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94003, attached). Commissioner Willson asked if the church's intent is to have enough parking for eventual expansion, and the Secretary stated there is no church expansion planned at this time but the parking exceeds current requirements. < He added expansion could happen in the future. The Secretary continued churches have. a difficult situation because normal use doesn't require the size of parking lot that special services like Christmas or Easter would require, and in some cases, provided parking is not necessarily convenient. Commissioner Mickelson asked where the handicap spots would be and Commissioner wou ld be. c larific a tio n Willson asked fo r n where the entrances woo o 4 -28 -94 3 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 12, 1994 TO OAR The Planning Commission met in regular session and was called to order by Vice Chairperson Niickelson at 7:34 p.m. ROLL QAU Chairperson Tim Willson (arrived at 7 :36 p.m.), Commissioners Donald Booth, Debra Hilstrom, Mark Holmes, Robert Nickelson, Dianne Reem and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren. and Planning Commission Recording Secretary Carla Wirth, APPROVAL OF MINUTES - APRIL 28. 1944 There was a motion by Commissioner Holmes and seconded by Commissioner Hilstrom to approve the minutes of the Apirl 28,1994, Planning Commission meeting as submitted. The motion passed unanimously with Commissioner Sander abstaining, as she was not at .that meeting. C"RPERSON'S EXPLANATI N Since no ublie hearings were hold, the Chairperson's Explanation was waived. i p g DISCUSSION ITEM Chairperson Willson presented the first item of business, consideration of An Ordinance Amending Chapter 34 of the City Ordinances Regarding Non - Commercial Opinion or Expression Signs, The Secretary copy distributed a co of minor amendments to Section 34 -100, Statement of Purpose, as recommended by the City Attorney to indicate the reason for adapting the proposed Ordinance amendments, Chairperson Willson requested input from the Commission regarding the proposed amendment to Section 34 -100. There was a motion by Commissioner Booth, seconded by Commissioner Hilstrom, to direct staff to incorporate the revision to Section 34 -100 as recommended by the City Attorney and presented by staff. The motion passed unanimously. 5-12-94 1 There was a motion by Commissioner Booth and seconded by Commissioner Hilstrom to recommend to the Council the adoption of An ordinance Amending Chaptcr 34 of the City Ordinances Regarding Non- Commercial Opinion or Expression Signs, as revised. The motion passed unanimously. The Secretary stated this matter will be presented to the Council at their meeting of May 23, 1994, for first reading, OTHER 13USINE MCDONALDS RESTAURANT SOAPING PLC The Secretary reported that the McDonalds Restaurant on Xerxes Avenue has submitted tandwaninv n1nn prepared by idwest Landscapes. He reviewed details of their plan to remove the existing overgrown ianascaping and frisuaii an uxpuaou a li ... u with benches, shrubs, planters and trees. He also reviewed the types of shrubs and trees being proposed and commented that it is an attractive plan which should meet the landscape point system. He stated this is the type of activity the City encourages and recommended the Planning Commission consider approval. Commissioner Sanders expressed appreciation for businesses that are concerned about the appearance of their establishment. The Commission concurred. In response to Commissioner Holmes' question, the Secretary reported an irrigation system is already installed in this area. Commission consensus was reached that the proposed landscape plan was appropriate conditioned upon it meeting the landscape point system requirement. MARANATHA NURSING HOME A DITI N The Secretary reported that an addition is being considered b the Maranatha Nursing Home. He explained this expansion was previously approved but not acted on. Also, there m beds for this 1 nursing home typ e of facility but the is currently a moratorium on add�tiona rs g proposed project involves reconstruction to meet handicap accessibility requirements (the number of beds remains th e same ) . He estimated this project will be considered by the Planning Commission in June of 1994. BRQo nYN BOULEVA ENHANCE NT STUDY The Secretary informed the Planning Commission that the Brooklyn Boulevard Enhancement Study will be presented to the Council at their meeting of May 23, 1994. 2 5 -12 -94 34 -110 Sign. Structure - The supports, uprights, bracing and framework for a sign including the sign surface itself. In the case of a wall sign, the sign surface constitutes the sign structure. In the case of a sign structure consisting of two or more sides, where the interior angle formed between any of the sides exceeds 15 degrees each side shall be considered a separate sign structure. Sign. Temporary - A sign which is erected or displayed for a limited period of time. Sign, Wall - A sign which is affixed upon and parallel to the wall of a building. Street Line - The common boundary line of a street right -of -way and abutting property. Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied or maintained. Section 34 -120. NONCONFORMING USES. Any sign legally existing on the effective date of this ordinance which does not conform to the requirements set forth in this ordinance shall become a nonconforming use. Nonconforming, permanent signs shall be allowed to continue but shall not be rebuilt, materially altered, or relocated without being brought into compliance with the requirements of this ordinance, except that any flashing portion shall be discontinued within 30 days after the effective date of this ordinance. Section 34 -130. PROHIBITED SIGNS. 1. Signs that, by reason of position, shape, or color would interfere with the proper function of a traffic sign or signal. 2. Signs within the public right -of -way or easement, except for government installed signs. 3. Signs that resemble any official marker erected by a governmental agency or that display such words as "Stop" or "Danger". 4. Flashing signs including indoor signs which are visible from the public streets. 5. With the exception of searchlights which may be approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the Cit Ordinances, no rotating beam, beacon or flashing illumination shall be used in connection with an display. Y . P Y 6. Signs or sign structures g g that obstruct any window, door, fire escape, i starwa or opening intended y p g ended to provide ingress or egress for an g i Y building structure. With reference to commercial and industrial districts, signs painted on the inside glass portion of windows or doors are permitted. 34 -130 7. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices, unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 or unless authorized by Section 34- 140, Subdivision 2m of the City Ordinances. 8. Sign posters that are tacked or posted on trees, fences, utility poles or other such supports. 9. Portable signs, except as provided in Section 34 -140, Subdivision 2f unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances. 10. Roof signs except as provided in Section 34 -140, Subdivision 3A(1). 11. Off- Premises Advertising Signs except as otherwise permitted by Section 34 -140 and Section 35 -800 of the City Ordinances. Signs advertising a business no longer operating on the premises shall be deemed off - premises advertising signs and must be abated in accordance with Section 34- 140.1j. 12. Signs painted directly on building walls. 13. All other signs not.expressly permitted by this ordinance. 14. Signs painted on a commercial vehicle which is parked at a commercial premises in such a manner as to constitute a static display advertising a business, product or service to the traveling public and which is not making a pickup or delivery or being appropriately stored on the premises. Section 34 -140. PERMITTED SIGNS. 1. General Requirements and Standards for Permitted Signs a. Where a sign is illuminated, the beam of light shall not shine directly upon any part of a residence or into the street. b. No projecting sign shall: project more than 96 inches out from the wall to which it is attached; extend above the roof line; exceed the area of a freestanding sign which might be permitted according to Table 34 -A of this ordinance. c. Any sign or sign structure which may be, or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the licensee, owner, or agent of the owner of the property upon which the sign stands upon written notice of City Manager or his agent. d. No part of any permanent freestanding sign shall be closer than 10 feet to the side lot line. e. No part of any sign shall project over or beyond the property line of the property upon which the sign is located. 34 -140 f. Unless set back ten (10) or more feet from the street right -of -way line, the supporting column (s) of a freestanding sign exceeding 16 feet in area shall not materially impede vision between a height of two and one -half (2 -1/2) and seven and one -half (7 -1/2) feet above the centerline grade of the street. Freestanding signs located within the sign triangle defined in Section 35 -560 shall have a minimum vertical clearance of 10 feet above the centerline grade of the intersecting streets. g. Permitted freestanding signs located in C2, I -1 and I -2 districts may rotate subject to the following conditions: 1. If illuminated, the light source shall be interior and constant in intensity and color. 2. The speed of rotation shall not exceed 4 rpm. 3. The rotating portion of the sign shall not exceed 150 square feet of gross surface area. 4. The rotating portion of the sign shall not be less than 10 feet above centerline grade of the street. h. When electrical signs are installed, their installation shall be subject to the City's electrical code. i. Wall Signs on office buildings shall be of a uniform design compatible with the exterior appearance of the building. j. When the occupant of a building or parcel ceases to use the property and abandons the site or building space, all signery associated with the former occupant shall be removed. It shall be the responsibility of the property owner to effect the removal of such signery and any support structure. If the owner of the property fails to remove all obsolete signery within 90 days after the former occupant vacates the premises, the City shall be entitled to have such signery removed, either by its own forces or by hire of a licensed sign contractor and the cost of such removal shall be assessed against the property. The owner of the property shall receive written notice of the City's intent to remove obsolete signery at least 30 days prior to the action. 2. Permitted Signs Not Requiring a Permit. a. Identification signs for one and two family dwellings provided that such signs are less than two (2) square feet in area. (Note: Home occupation signs are covered by Section 34 -140, Subdivision 3C (1).) b. Wall and freestanding site, pedestrian, vehicular traffic, parking and other appropriate types of directional signs as approved by the Zoning Official, provided such signs are less than sixteen (16) square feet in area, and have a height no greater than 15 feet or ground floor height, whichever is less. c. Traffic control signs, noncommercial governmental signs, legal notices, railroad crossing signs and temporary nonadvertising safety or emergency signs. Councd Meeting Date 5/23/9 31 City of Bmoldyn Center Agenda Item Number / a� Request For Council Consideration 40 Item Description: RESOLUTION EXPRESSING RECOGNMON OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID 1HLDEBRANDT Department Approval: Gerald G. Splinter, Cit3VMwWer Manager's Review/Recommendation: No comments to supplement this report Comments below /attached S Explanation: (supplemental h ummary Exp sheets attached _) • Recommended City Council Action: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID HILDEBRANDT WHEREAS, David Hildebrandt served on the Brooklyn Center Charter Commission from June 20, 1990, to March 4, 1994; and WHEREAS, David Hildebrandt has served as Secretary and a member of various ad hoc committees during his term; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of David Hildebrandt is hereby recognized and appreciated by the City of Brooklyn Center. Date Toad Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting IMft 5/2 M 3 City of Brooklyn Center Agcn& bm Nnoyber Request For Council Consideration Item Description: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EVERETT C. LINDH Department Approval: Gerald G. Splinter, City ager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) • Recommended City Council Action: Alb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EVERETT C. LINDH WHEREAS, Everett C. Lindh served on the Brooklyn Center Charter Commission from January 14, 1986, to January 14, 1994; and WHEREAS, Everett C. Lindh has served on various ad -hoc committees during his term; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Everett C. Lindh is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C=" Meeting Data 5/23/94 City of Brooklyn Center A Item N»b« / `�G Request For Council Consideration • Item Description: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SUSAN G. WARNER Department Approval: Gerald G. Splinter, Ci anager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached _) • • Recommended City Council Action: Me, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SUSAN G. WARNER WHEREAS, Susan G. Warner served on the Brooklyn Center Charter Commission from June 20, 1990, to January 27, 1994; and WHEREAS, Susan G. Warner has served as Public Relations Chair during her term; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Susan G. Warner is hereby recognized and appreciated by the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 05/23/ Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR NORTHWEST AREA IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12, CONTRACT 1994 -F DEPT. APP OV � �, %",� � M k J. — MalonK, , Vity Engineer MANAGERS REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached PP re P SUMMARY EXPLANATION: (supplemental sheets attached No ) Bids for Contract 1994 -F were received on May 17, 1994. This contract consists • of the street and utility reconstruction for the Northwest Area. The bidding results are tabulated as follows: Bidder Bid Amount Thomas & Sons Construction $1,188,311.69 Brown & Cris, Inc. $1,272,164.36 Northdale Construction $1,294,370.82 Barbarossa & Sons, Inc. $1,295.288.75 C.S. McCrossan Construction $1,318.046.65 S.R. Weidema, Inc. $1,322,692.21 Of the six bids received, the lowest bid of $1,188.311.69 was submitted by Thomas & Sons Construction, Inc. of Rogers, MN. This compares favorably to the previously established Engineer's Estimate of $1,301,290. Thomas & Sons Construction has experience in performing all of the various items of work included in this contract. Thomas & Sons most recently worked under contract in Brooklyn Center for the reconstruction of West River Road and Freeway Boulevard /Humboldt Avenue /65th Avenue projects, which were completed in 1990. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas & Sons Construction, Inc. of Rogers, MN. RECOMMENDED CITY COUNCIL ACTION • A resolution which accepts the low bid and awards a contract to Thomas & Sons Construction, Inc. of Rogers, MN, is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR NORTHWEST AREA IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12, CONTRACT 1994 -F WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1994 -11 and 1994 -12, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 17th day of May, 1994. Said bids were as follows: Bidder Bid Amount Thomas & Sons Construction $1,188,311.69 Brown & Cris, Inc. $1,272,164.36 Northdale Construction $1,294,370.82 Barbarossa & Sons, Inc. $1,295.288.75 C.S. McCrossan Construction $1,318.046.65 S.R. Weidema, Inc. $1,322,692.21 WHEREAS, it appears that Thomas & Sons Construction, Inc. of Rogers, Minnesota, inn sota is the lowest responsible p bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas & Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1994 -11 and 1994 -12 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO. 3. The estimated project costs and revenues are as follows: Per Feasibility As Amended Per Estimated Costs Report Low Bid Contract $ 1,301,290 $1,188,311.69 Contingency 130,130 118.831.31 Subtotal Construction $ 1,431,420 $1,307,143.00 Staff Engineering (10 %) 143,140 130,714.00 Admin. & Legal (3%) 42,940 39,214.00 Bonding Costs -- 14,000.00 Interest -- 8,000.00 Street Lighting 43,500 28,000.00 Easements -- 17.064.76 Total Est. Project Cost $ 1,661,000 $1,544,135.76 Estimated Project Per Feasibility As Amended Per Revenues Report Low Bid Special Assessments 237,550 237,550.00 Property Tax 545.450 357.795.76 Subtotal General Obligation Bonds $ 782,950 $ 595,345.76 Storm Drainage Util. Fund 595,000 555,380.00 Sanitary Sewer Util. Fund 125,100 189,770.00 Water Utility Fund 157,900 203.640.00 Total Est. Project Revenue $1,661,000 $1,544,135.76 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: CITY OF BROOKLYN CENTER Council Meeting Date 05/23/94 Agenda Item Number � �7 E REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR KNOX /JAMES /54TH AVENUES, IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02, CONTRACT 1994 -E DEPT. APPROVAL: Mar J. Maloney, Cit ngineer MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No 1 Bids for Contract 1994 -E were received on May 11, 1994. This contract consists • of the street and utility reconstruction in the James /Knox /54th Avenues area. The bidding results are tabulated as follows: Bidder Bid Amount Thomas & Sons Construction $395,447.05 Northdale Construction $418,320.56 Brown & Cris, Inc. $459,493.69 S.R. Weidema, Inc. $497,170.04 C.S. McCrossan Construction $497.648.73 W. B. Miller, Inc. $523,271.30 Of the six bids received, the lowest bid of $395,447.05 was submitted by Thomas & Sons Construction, Inc. of Rogers, MN. This compares favorably to the previously established Engineer's Estimate of $510,780. Thomas & Sons Construction has experience in performing all of the various items of work included in this contract. Thomas & Sons most recently worked under contract in Brooklyn Center for the reconstruction of West River Road and Freeway Boulevard /Humboldt Avenue /65th Avenue projects, which were completed in 1990. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas & Sons Construction, Inc. of Rogers, MN. • RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the low bid and awards a contract to Thomas & Sons Construction, Inc. of Rogers, MN, is attached for consideration. l�I � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR JAMES /KNOX/ 54TH AVENUES IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02, CONTRACT 1994 -E WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1994 -01 and 1994 -02, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 17th day of May, 1994. Said bids were as follows: Bidder Bid Amount Thomas & Sons Construction $395,447.05 Northdale Construction $418,320.56 Brown & Cris, Inc. $459,493.69 S.R. Weidema, Inc. $497,170.04 C.S. McCrossan Construction $497.648.73 W. B. Miller, Inc. $523,271.30 WHEREAS, it appears that Thomas & Sons Construction, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas & Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1994 -01 and 1994 -02 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO. 3. The estimated project costs and revenues are as follows: Per Feasibility As Amended Per Estimated Costs Report Low Bid Contract $ 510,780 $ 395,447.05 Contingency 51.080 39.544.95 Subtotal Construction $ 561,860 $ 434,992.00 Staff Engineering (10 %) 56,190 43,499.00 Admin. & Legal (3%) 16,850 13,050.00 Bonding Costs -- 5,000.00 Interest -- 3,000.00 Street Lighting 26.000 26.000.00 Total Est. Project Cost $ 660,900 $1,544,135.76 Estimated Project Per Feasibility As Amended Per Revenues Report Low Bid Special Assessments $ 94,550 $ 94,550.00 Property Tax 294.750 138.666.00 Subtotal General Obligation Bonds $ 389,300 $ 233,216.00 Storm Drainage Util. Fund 49,900 99,413.00 Sanitary Sewer Util. Fund 91,800 82,332.00 Water Utility Fund 129.900 110.580.00 Total Est. Project Revenue $ 660,900 $ 525,541.00 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 05/23/ Agenda Item Number I REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CENTRAL GARAGE IMPROVEMENTS, IMPROVEMENT PROJECT NO. 1993 -19, CONTRACT 1994 -A DEPT, APPROVAL- Marf APPROVAL- Ma J. Maloney, Ci Engineer MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No • The City's project consultant, Mjorud Architecture, has concluded the final design phase and developed plans and specifications for the remodelling /expansion of the City Garage located at 6844 Shingle Creek Parkway. The City Council established this project in September of 1993, and most recently (March 28) amended the project costs to include the provision of the paint booth. The total estimated project cost is $1,493,550, and includes professional services and contingencies. Staff recommends approval of the plans and specifications and authorization for advertisement for bids at this time so that the project may proceed along the following schedule: Council Approves Plan, Authorizes Ad for Bids May 23, 1994 Bid Opening July 14, 1994 Council Award of Contract July 25, 1994 Start Construction August 1, 1994 Completion of Phase 1, New Work January 7, 1995 Completion of Phase 2, Remodelling May 1, 1995 RECOMMENDED CITY COUNCIL ACTION • A resolution which approves plans and specifications and authorizes advertisement for bids is attached for consideration. MF Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR CENTRAL GARAGE IMPROVEMENTS, IMPROVEMENT PROJECT NO. 1993 -19, CONTRACT 1994 -A WHEREAS, the Brooklyn Center City Council has previously established Improvement Project No. 1993 -19, Improvements to Central Garage; and WHEREAS, Mjorud Architecture, the City's project consultant, has prepared construction plans and specifications for the proposed improvements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said plans and specifications as prepared by Mjorud Architecture are hereby approved. 2. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 3. The estimated project costs and revenues are as follows: Estimated Costs As Established Contract $1,345,000 Contingency 30.000 Subtotal Construction $1,375,000 Professional Services Design $ 89,075 Geotechnical 4,867 Site Survey 2,460 Air Quality /Abatement 22.150 Total Est. Project Cost $1,493,550 RESOLUTION NO. Estimate Project Per Feasibility Revenues Report Capital Improvement Fund $1,059,060 Sanitary Sewer Util. Fund 217,245 Water Utility Fund 217,245 Total Est. Project Revenue $1,493,550 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 05/2 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 69TH AVENUE LANDSCAPING, PHASE II, IMPROVEMENT PROJECT NO. 1994 -30, CONTRACT 1994 -G DEPT. APP OV Mark J. Mal ey City Engineer MANAGER'S REVIEW /RECOlVIlVIENDATION: .�%��al.•e .r, No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No Bids for Contract 1994 -G were received on May 17, 1994. This contract consists • of the final phase of landscaping for the 69th Avenue reconstruction project. The bidding results are tabulated as follows: Bidder Bid Amount North Metro Landscaping $47,206.25 Greenworks, Inc. $55,822.24 Fair's Garden Center $62,161.00 Minnesota Valley Landscaping $74,515.00 Of the four bids received, the lowest bid of $47,206.25 was submitted by North Metro Landscaping of Hanover, MN. This compares favorably to the previously established Engineer's Estimate of $63,000. North Metro Landscaping has experience in performing all of the various items of work included in this contract. North Metro is currently under contract in Maple Grove for similar work. Accordingly, staff recommends acceptance of the low bid and award of the contract to North Metro Landscaping of Hanover, MN. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the low bid and awards a contract to North Metro Landscaping, of Hanover, MN, is attached for consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 69TH AVENUE LANDSCAPING, PHASE II, IMPROVEMENT PROJECT NO. 1994 -30, CONTRACT 1994 -G WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1994 -30, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 17th day of May, 1994. Said bids were as follows: Bidder Bid Amount North Metro Landscaping $47,206.25 Greenworks, Inc. $55,822.24 Fair's Garden Center $62,161.00 Minnesota Valley Landscaping $74,515.00 WHEREAS, it appears that North Metro Landscaping of Hanover, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with North Metro Landscaping of Hanover, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1994 -30 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated project costs and revenues are as follows: As Amended Per Estimated Costs As Estimated Low Bid Contract $ 63,000.00 $ 47,206.25 Contingency 6,300.00 4,720.75 Subtotal Construction $ 69,300.00 $ 51,927.00 Consultant Engineering 16,000.00 $ 16,000.00 Staff Engineering, Admin. & Legal (5%) 3.465.00 2,596.00 Total Est. Project Cost $ 88,765.00 $ 70,523.00 RESOLUTION NO. Estimated Project As Amended Per Revenues As Established Low Bid Regular State Aid Account No. 1496 $ 18,400.00 $ 14,620.00 Local State Aid Account No. 2911 $ 70.365.00 $ 55,903.00 Total Est. Project Revenue $ 88,765.00 $ 70,523.00 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 05/23/94 Agenda Item Number y.SI— REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINAL PLAT APPROVAL - EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION DEPT. APPR Z: Ma J. Malon'ey Engineer MANAGER'S REVIEWRE COlVIlVIENDATION. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On May 9, 1994, the City Council approved Planning Commission Application No. 94003, which involved preliminary platting for the Evangelical Lutheran Church ® of the Master. The proposed platting for EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION involves the combining of one residential lot to the church parcel, to create one 20,018 square foot lot. Please refer to attached drawings for location and plat detail. The attached memorandum details the conditions remaining for the release of the final plat. RECOMMENDED CITY COUNCIL ACTION The final plat of EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION is recommended for approval, subject to the conditions as stated in the attached memorandum. • MEMORANDUM DATE: May 18, 1994 TO: Gerald G. Splinter, City Manager FROM: Mark J. Maloney, City Engineer SUBJ: Proposed Final Plat - EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION City Council approval of the preliminary plat EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION was contingent upon the following conditions: 1. The final plat is subject to review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a performance agreement (in an amount to be determined by the City Manager) for said improvements such as concrete curb and gutter, and installation of a 6' high wood privacy fence. 4. The installation of concrete curb and gutter may be deferred for up to 3 years. I have reviewed the final plat for EVANGELICAL LUTHERAN CHURCH OF THE MASTER 2ND ADDITION and found it in conformance with the provisions of Chapter 15 of the City Ordinances, and city staff is currently developing the above referenced performance agreement. Accordingly, I recommend final plat approval (and subsequent release). i Mark J. Mal , P.E. City Engineer 1 M ■� ■ '■' i ■�i IIIri� iii ■i � �,�.,,._._. -- e.� '�'�'��� . _ �� � ■ 11111 il] :,, 111/i ►�������������/ ■ . / / �� 1111 it /111 ■ , ���� 1111 I ►����������� ■ � , _��la' f1 11 1111 1 ' ������� ���j�j . „ .. /� /�■ ���� 11• r1 111• ♦�♦ ♦��• - .,,,.,�:..- , � , � , 1��`I : /1� : II�11 /�� 11 1111 ►�j�j�j ♦�� � 111111 ► • • 111' ■■ ♦�������� Ir1 ' ' •►�► 11 /•• - ■ 11 11 ► 11 1/ ��� • 4 .I1■ SEE WOO. . ' ' /1111 / 1111 11 � . ■ 111 ...�" 111/ � � 111111/ � � • � � �� '1 /1� �� 1111 �► : <' �Irrrrr rrlrr� � �i�... %► •�'' .. � �; ,/ 111 ► II1/ .:11111 „ , ,,� �iw �.. �. , 111111 /111 • �� � �■ �■ ��� �: ■i 1 . IIIilIr1�1111111. � , ., 4 s � 1/ /r■ . 11■ �/� ��I■ II�IIII , '■ ',/ , �,� �� 1 1111 ■// �� •1�� ■�`,��,����� . • ���� ' �� 111 - - - - -- E, EVANGELICAL LUTHERAN CHURCH OF THE MISTER 2ND ADDITION [ C. R. DO NO. I. ♦`. •); 11J �� KNOW ALL MEN BY THESE PRESENTS: Th1 Eva local Lutheran Church of .the 1laster, a Minnesota Q I corporative, o.mer and tetor, or the foilwl c;tn 260:;x' Bf�Cr1,K:7.J� fi;'v.'!;' "9e proPr rya:afeed 60 Property sl Waked 1n the County of ninepin, 5[aKe of NinnewU. tawtt: is T ;' N VFN F_ r��)ftry ( off uI County Record_ x ed O for N- nepUiRCnMC M n e neEs9ta<cordl g W the reo a plat the mI w fil and or veto d In The g 3 o IA -- " - 297.09 S89 °5516 "E - - - -- has cautad tha a..e W be ---led .ad platted as EVAN6ELiCAL LIf WRA° CHURCM OF THE MASTER 2N0 ADDITION and does bereby done TA and dedicate to the Public " ____ _�_ - for Publ lc uw rwever the easedo t. r> atnttr ed dr.+nage pupurpose. as shorn on the plat. In NGiess �fiereo/ aid Erangellul s Luther- Church of tk 8 9 Nester, a Ni nnewta corpornlw, ha nosed 9 p is w Nod slgued by Its proper officer this day of _ � n 1% °Ulil.lY and Ora nr o9e £osemenl •T; Signed: EVANGELICAL L1tT1ERAM a OF 111E MASTER y I State of Planewta County . ' ltd I T, <3 4 � CotY of Hvenepin The f0"1Ag lnstr,a¢nt ors -knouledged before ov this day of 1g9 b ) k Its pros Went, of Enyell-] Lutheran Church of the water, A Nlnnesot. corparnias, w b ehalf u/ said C N.' Notary Public. Meenepin Cwnty,'Nl_ta U. My N. ltJ My Coi.issfw E.pfres ' �. C7 •-J e I herb certify that c Y Y t have srrveypd aed platted the laM,descrtbed on THIN plat As E--l- I— CMRICH OF THE MASTER 2- —111 -; that Lis plat O is a rrect reprcsentatlw sf said .surrey tt ail distances are correctly shave on said plat In feet aed huedredtAs of a fort; that all anmavts Naze Q, �v1 `l I ,�• been correctly Placed 1A the ground OAS : ha Almon w said plat or rill be, placed as rt Tuired by the local gorernamtal wit as dezl9wted on said 01st; aM that L'I f there are No retl.Ms er higlrsys a d1il2nated to M.S. SOS.02. Sobdtrtstw j to be dezlgwted on said plat. :60 Raymond Reg. No. 6763 - ZV I -y I �_ ' 1$T Ra A. Prasch Minn. - , Minnesota Lfcease Mo. 6743 = I I �y, '• le?ERSC J Ft ) 2 State of Minnesota Chanty of Nermepia The foregoip surveyor's certificate mi Acknowledged before ue this day of 199_, b Rayuwd UP /L A. PrascM, Licensed LaM SsrvaYOr. '�C, =30.01 EAST .. pppp ,a < O L=. \ - Therese Prauh, Notary Public, hero -,+, County. ohm. �' - � T � My Coasdssfve E }Piref Nore.eer 19. 19% WJWLYN CENTER. MINNESOTA iv lhtt pin ErANKLIUL Nor LUT1EJAN C-. OF THE MAST" 2111 ADDITION ors approve aad accept w ad by the City Cscil of the City of Breell" Cester. M'auesota at a regular — thereof .1. LIS day of i the Co�issloner of Transportative aed the Com _ If Applicable the srittan N1 199 caar is a ad of «coauerMatlws Z BROOKDALF- gr Engineer have boob ""'re" b the Cit or the Prescribed 30 day period has elapsed erl receipt O of such coaseata aed reco�eOedation, n provided by Mini. f4Wtes, Sectiw 505.03. Subd. No. 2. a v , N MANOR 2ND any. 2. CITY COUNCIL OF RO BOKLYN CENIEM, MINNESOTA EAST --- By C f 1 lirntr s "'Y°r 6r ww I TAXPAYER SERVICES DIVISION, Nennepis County, NlnnesaG Edsemenl C4 _ gT i 1 hereby « rtify that tasaz payable IN 19 AM prior years Iwo been Paid for land described be Lis plat. !+ I o I Dated This day of l% Patrick N. O'Cwwr, Ncenepin County Auditor BY DeWty ' >W1111Y 0 Ormnd qe Eas<menl /..:-" -.� �,. d C� I SURVEY SECTION. Iknaepin Chanty. pit_.. I f ----ff J wiwnt L MINN. STAT. Sec, 3838.565 11 %91, this pin has been a S1 'L— _______ —___ P _J � Pprwed this day of '• -- - -- - - 467.14 E A ST - '' - ° - - Garr F. Ca Hennepin Cowty Surveyor By . NO. 1 COUNTY RECORDER. Hennopla Cnwty. NlwewL I hereby certify that the ulthin plat Of EVANGELICAL LUMRAN CMIIRCN G TH S OF ONE MASTER 210 ADDITION ors fil I. this office this 9UE p R10:4TH m lgy_ at da or 17 i;TEST AULi TORS —� Ri ?S ?O; ✓'$ 60 a T /•r• R. Can Grlson. Cawty Recorder SO ARE I SUED. i \'!7. 3i!'. I FLRCG ;'! `� B R yb ROln: o °Y Drwty KL.iiV v BROOKLYN 111 Orrenlphw al IAis Deorinq ItJ SCALE 'IN FEET ss zlem is nO'ee on o, fumed ealum. uJ � 50 O SO 100 ' - 0 Dinolai Iron AOnumml 1 t Comail Meiling Date 5/23/94 31 City of Bmoklyn Center Agenda Item Number Request For Council Consideration Item Description: Licenses Department Approval: (1 Sharon Knutson, Deputy City Clerk Manager's Review/Recommendation:��� No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached Attached is the list of licenses to be approved by the City Council. • i Recommended City Council Action: Approve licenses. 3 City of Brooklyn Center Licenses to be approved by the City Council on May 23, 1994: Amusement Device - Vendor B & K Music and Sales 133 Spring Valley Circle City Clerk` Mechanical Systems Burnsville Heating and A /C, Inc. 12481 Rhode Island Ave. S. C. O. Carlson Air Conditioning Co. 1203 Bryant Ave. N. Cronstrom's Heating and A/C 7201 W. Lake St. Del -Air, Inc. 9834 James Circle Harris Air Systems 230 Territorial Rd. Marsh Heating and A/C Co., Inc. 6248 Lakeland Ave. N. #110 P & D Mechanical Contracting Co. 4629 41st Ave. N. Building Official 4k_ Rental Dwellings Initial: Franklin C. Jesse, Jr. 4207 Lakeside Ave. N. #238 Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Jay Showalter 6742 -44 France Ave. N. Roland Scherber 7212 Newton Ave. N. Harshad Bhatt 7206 -12 West River Rd. Sharon Krawiecki 5209 Xerxes Ave. N. Anna Gullord 2309 54th Ave. N. Director of "U, Community Development General Approval: Sharon Knutson, Deputy City Clerk