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1992 01-27 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 27, 1992 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 form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. January 13, 1992 - Regular Session 8. Mayoral Appointments: a. Planning Commission b. Human Rights & Resources Commission c. Park & Recreation Commission d. Housing Commission e. Northwest Hennepin Human Services Council 9. Presentation by Communications Task Force 10. Public Hearing (7:15 p.m.) a. Broadcasting ad asting of City Council Meetings on Cable Television 11. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning /24 Hour Commercial Operations and Single- Family and Two - Family Dwellings in R -1 and R -2 Zoning Districts -The City Council discussed this ordinance proposal at its January 13, 1992, meeting. This ordinance amendment is offered for a first reading. b. An Ordinance Adding Chapter 20 of the City Ordinances Regarding Trees -The City Council discussed this ordinance proposal at its January 13, 1992, meeting. Revisions requested by the City Council have been made. The ordinance is offered for a first reading this evening. CITY COUNCIL AGENDA -2- January 27, 1992 12. Discussion Items: a. Selection Committee Report Regarding Procurement of Engineering Services for Development of Water Management Plan -Staff will be prepared to discuss this recommendation. Also, representatives from the firm of Bonestro, Rosene, Anderlik and Associates will be available to answer any questions. 1. Resolution Accepting the Report of the Selection Committee for Procurement of Engineering Services for the Development of a Water Management Plan and Approving Execution of a Contract for Said Services with Bonestroo Rosene Anderlik & Associates. b. Request from American Little League for Use of Land in Garden City Park c. RFP for Executive Compensation Study d. Administrative Traffic Committee Report and Recommendations Regarding Personal Injury Lawsuit Relating to Accident at Bus Stop e. Legislative Update 13. Resolutions: *a. Approving Pay Equity Implementation Report *b. Accepting Offer from All Telephone Service for the Purchase of OKI Discovery Switch Phone System -Ad phone system. *c. Approving Plans and Specifications for 69th Avenue Phase II Improvement Project No. 1990 -10, Contract No. 1992 -B, and Directing Advertisement for Bids -In accordance with discussions at the January 13, 1992, City Council meeting, this project provides for reconstruction of 69th Avenue between Brooklyn Boulevard and West Palmer Lake Drive. *14. Licenses 15. Adjournment CITY OF BROOKLYN CENTER council Meeting Date ,:mLIMN 27. 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF JANUARY 13, 1992 - REGULAR SESSION DEPT. APPROVAL: p):ftL a, pl-t� Patti A. Page, Deputy CiQ Clerk MANAGER'S REVIEW/RECONBIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) i RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CLN LK IN THE COUNTY QF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 13, 1992 CITY HALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:03 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, Public Works Coordinator Diane Spector, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth, OPENING CEREMONIES Elaine Bernards offered the invocation. Mayor Paulson announced the birth of his daughter, Mackensie Claudette. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager explained the Council recognizes the long -term contributions of employees on an annual basis. While awards of less than 20 years were given out by department heads, the Council had requested the opportunity to distribute awards for more than 20 years of service. This is the 13th annual presentation by the City Council of service awards to City employees. The Finance Director provided a brief history of employee's service while Mayor Paulson distributed awards to Police Officer Richard Fryer, Police Captain Scott Kline, Police Officer Donald Spehn, Police Officer Richard Handy, and Public Works Superintendent Richard Schwab. RECESS The Brooklyn Center City Council recessed at 7 :10 p.m. to enjoy a reception for these employees, They reconvened at 7:33 p.m. 1/13/92 _ 1 _ OPEN F R M Mayor Paulson noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wi,hed to address the Council. There being none, he continued with the regular agenda items. ELECT MAYOR PRO TEM Mayer Paulson explained a Mayor Pro tern needed to be appointed in the event he was absent. It was noted C -ouncilmembcr Scott served as Mayor Pro tem during 1991. Councilmember Rosene commented this position had been appointed on a rotating basis. Councilmember Cohen stated he had served in this position in the past. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to appoint Councilmember Pedlar as Mayor Pro tem for 1992, The motion passed unanimously. APPROVAL OF AGENDA AND CONSENT-AGENDA Mayor Paulson inquired if any councilmembers requested any items be removed from the consent agenda. He requested itcm 9, Mayoral Appointments, be removed so a discussion could be held. APPROVAL OF MINUTES DECEMBER 11, 1991 - SPE IAL SESSIQN There was a motion by C.o,Incilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the December 11, 1991, special session as printed. The motion passed unanimously. DE EM BER 16. 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the December 16, 1991, regular session as printed. The motion passed unanimously. RESOLL N R ESOLUTION NO. 92 -01 Member Celia Scott introduced the following resolution and inuvcd it,) adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1992 -45, WELL NO. 3 SAND REMOVAL The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/13/92 _ 2- RESOLUTION NO 92 -02 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -06, WELL NO. 7 MAINTENANCE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, RESOLUTION NO 92 -03 Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF FIVE (5) COMPACT POLICE SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 92 -04 Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT C;ARUO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -05 Member Celia Scott the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LOWELL AINAS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID SKEELS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/13/92 -3 RE LCJTION N 4 -07 Mcmhcr Celia Scott i11t1'0dL1Crd the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPLACEMENT OF DAMAGED POLICE VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member .Tcrry Pedlar, and the motion passed unanimously. RESOLUTION NO 92 -08 Mcniber alia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion pissed unanimously, RE L )T ON NO. ��� 92 -09 I Mcmber Celia Scott introduced the following resolution and moved d its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE IN VESTMENT 'TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKL CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 92 -10 Mcmbcr Cclia Scutt introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -11 Mcmbcr Celia Scott introduced the following resolution and moved its advptiuI - RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMEN'T'S AND CARRYING FORWARD CERTAIN APPROPRIATIONS TO THE 1992 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, d h m an t he motion a o pa ssed unanimously. Y 1/13/92 -4- RESOLUTION NO 92 -12 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 BUDGET TO PROVIDE FOR PURCHASE OF SIGNS AND C:IGAl E17E RECEPTACLES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 92-13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF 20 PAGERS APPROVED IN THE 1992 FIRE DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the fallowing list of licenses: BOWLING ALLEYS Beacon Bowl 6525 Lyndale Avenue N. FOOD ESTABLISHMENT NIN Korean Evangelical UMC 6830 Quail Avenue N. GASOLINE SERVICE STATION Davies Water Equipment.. Co. 4010 Lakerbreeze Avenue N. Duke's Amoco 6501 Humboldt Avenue N. Holiday #504 6849 Brooklyn Boulevard Howe Company 4821 Xerxes Avenue N, Humboldt Unocal 76 6840 Humboldt Avenue N. Neil's Total 1505 69th Avenue N. Northern States Power 4501 68th Avenue N. Osseo Brooklyn Bus Company 4435 69th Avenue N. SuperAmerica #4058 1901 57th Avcnuc N, Total Petroleum 6830 Brooklyn Boulevard Bill West's Service Center 2000 57th Avenue N. ITINFRANT FOOD ESTABLISHMENT Boy Scouts of America Troop 299 4619 64th Avenue N. Brooklyn Center Lions 5312 N. Lilac thrive Orchard Lane Elementary 6201 Noble Avenuc N. 1/13/92 - 5 - LODGING ESTABLI Marc's Budgetel Inn 6415 ,lames Circle Days Inn 1501 Freeway Boulevard Holiday Inn 2200 Freeway Boulevard MECHANICAL SYSTEMS Weiicl Scrvic:es, Inc. 5325 'Vest 74th Street POOL AND BILLIARDS TABLES CDL 1317 North Highway 169 Community Center 6301 Shingle Creek Parkway Days Inn 1501 Freeway Boulevard PUBLIC DANCE Days Inn 1501 Freeway Boulevard Holiday Tnn 2200 Freeway Boulevard RENTAL DWELLIN Initial: Virginia Keskey 5329 72nd Circle Renewal: RFCI Properties 6501 Brooklyn Boulevard Akbar Sajady 4207 Lakeside #326 Bertil Anderson 42U7 Lakcside #336 Paula Brodin 1600 55th Avenue N. TAXICAB Town Taxi 2500 Washington Avenue N. # 122 #142 TOBACCO RELATEL7 PRODI tCT Applebce's 1347 Brookdalc Center Country Storc 3600 63rd Avenue N. Duoos Brothers American Legion 4307 70th Avenue N, Duke's Amoco 6501 Humboldt Avenue N. F &. M Distributors 5951 Earle Brown Drive Gift Shop, Too (Days Inn) 15U1 Freeway Boulevard Holiday #504 6849 Brooklyn Boulevard Holiday Inn 2200 Freeway Boulevard Neil's Total 1505 69th Avenue N. Snyder Brothers, Inc. 1296 Brookdale Center 5uperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue N. T. Wright's 5800 Shingle Creek Parkway Target 6100 Shingle Creek Parkway Total Petroleum 6830 Brooklyn Boulevard The motion passed unanimously. 1/13/92 -6 - MAYORAL APPOINTMENTS Mayor Paulson asked this item be tabled to allow more time to fill vacancies. Councilmember Scott asked if a delay will result in loss of quorum for some committees. The City Attorney responded appointees tY Y ntees is all stay in office of P PP typically y cc until a reappointment or new appointment ntment was made and qualified to serve. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to table further consideration of mayoral appointments. The motion passed unanimously. DESIGNATF- OFFICIAL NEWSPAPER The City Manager explained that an official public newspaper must be designated each year, Mayor Pedlar brought up the topic of having Council meetings telecast via cable TV. He had received comments from residents indicating an interest in being able to watch the meetings and suggested staff do some research to determine what equipment would be needed. Councilmember Rosene expressed support of using cable TV to keep residents better infoi but was concerned this may be intimidating to some who want to bring an issue before the Council, He suggested an "aver -ride" devise be considered that could broadcast audio but not a visual picture if so requested by the resident. Councilmember Scott stated she understood this concern, but felt it may not serve the intended purpose since the speaker was asked to state his name and address for the record. She agreed technology had advanced since cable TV was first considered. Councilmember Scott supported the MayOr's suggestion to have staff research options as well as fiinding, Councilmember Cohen also supported this issue and urged the Council to move expeditiously since funding was available, He expressed concern over er a inadequate newspaper PP coverage and quotes being taken f n g out a context. (; unciJm mb q o e er Cohen n su gS P ested a libilC hearing h g e scheduled to gather public input and representatives from cable TV be asked about timing, cost, and promotions. Mayor Paulson indicated funding was available from the cable franchise fees which he was willing to use as a way to look outward at residents' need to become informed and provide input. He felt televising the Council meetings would provide better communication and suggested a joint meeting with the communications committee also be scheduled. The Personnel Coordinator reported the Communications Committee will be meeting on January 29, and she will inform them of this matter. She added the Communications Committee was dedicated to providing the Council with a report on this matter as quickly as possible. 1/13/92 - 7 - There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to sc:hudule a public hearing on January 27, 1.992 to accept public input regarding televising council meetings on cable TV, a cable TV representative be invited, and requesting an article regarding this be included in the newspaper. The motion passed unanimously. • With regard to designation of an official newspaper, Mayor Paulson asked what the qualifications were for the newspaper. The City Attorney responded it must be a legal publication as outlined under State Statutes including a certain number of inches of non - advertising text and weekly publication. The North Nest News was considered in the past but found it does not qualify since it publishes bi- monthly. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to designate the Brooklyn Center Sun -Post as the official newspaper for 1992. The motion passed unanimously. PUBLIC HEARING PUBLIC HEARING ON THE PROPOSED ISSUANCE OF GENERAL OBLIGATION TAX INCREMENT REFLINDINO BONDS, SERIES 1922A OF THE CITY OF BROOKLYN CENTER, MINNESOTA The City Manager stated a public hearing for public comment was required on the sale of bonds. Mayor Paulson opened the meeting for the purpose of a public hearing on the proposed issuance of General Obligation Tax Increment Refunding Bonds at 7:53 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing at 7:53 p.m. The motion passed unanimously. Bob Thistle, Springsted reviewed the four bids which were received, net savings and interest rate. He indicated the market had dropped which provided good timing for selling these bonds. Mr. Thistle recommended the Council award the bids to Notwest Investment Scrvices, Inc. RESOLUTION NO, 92 -14 Mcmbur Culia &ott introduccd the following rmoluLiun and Inuvud lt5 adoption: RESOLUTION AWARDING THE SALE OF $4,270,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992A; FIXING THEIR FORM AND SPECIFICATIONS; DIREC'T'ING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FQR THE REDEMPTION OF BONDS REFUNDED THEREBY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 1/13/92 -8 - After an introduction by the City Attorney, the Council thanked Barb Portwood for h assistance with these bonds. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY T - - ORDINAL ES REGARDIN GTHE CITY C:U U N C_.I L REVIEW OF ITS AN17 BUILDING LANS U IN 1 The City Manager presented an Ordinance Amending Chapter 35 of the City 0rdinanccs Ke ardin the C Coun g g t 1 s Review of Site and Building P 1 rng Plans, He indicated fiat r of this ordinance was appr b the Coun _ cil on December 2 19 i y 9I Mayor Paul son son opened the meeting for the purpose of a public hearing on An Ordinance Aneudiilg Chapter 35 of the City Ordinances Regarding the City Council', Keview of Site and Building Plans at 7:56 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Couneilmember Scott and seconded by Couneilmember Rosene to close the public hearing at 7:56 p.m. The motion passed unanimously. Couneilmember Cohen asked if applicants will be advised that substantially altering plans from those originally submitted and reviewed by the Planning Commission will result in the matter being referred back to the Planning Commission for their review and recommendation. The Director of Planning and Inspection indicated a statement regarding this policy will be included on the checklist that applicants receive before making application for site and building plan approval to assure the applicant was aware. Couneilmember Cohen suggested the Planning Commission also cite this restriction to make sure it was clearly understood. Mayor Paulson stated he would rather see the use of the words "may refer" rather than "shall refer" to retain more fle, howe ch ange h o c a e to the ord inance lan n�a e was rn d G. ty , m d c, is g ORDINANCE NO. 92 -01 Mcmbcr Philip Collen introduced the following, ordindi,co and movcd its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE CITY COUNCIL'S REVIEW OF SITE AND BUILDING PLANS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. 1/13/92 - 9 - AN ORDINANCE ADDING SECTION 23 -601 THROUGH 23-6 TO THE CITY ORDIN O PAWNBROKERS AND SEWN DE T ,FRS The City Manager presented an Ordinance Adding Sections 23 -641 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers. He indicated first reading of this ordinance was approved by the Council on December 16, 1991, This ordinance states the fees for the two licenses and background investigations to obtain the licenses shall be set by Council resolution. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Adding Sections 23 -601 through 23 -633 to the City Ordinances Relating to Pawnbrokers and Secondhand Dealers at 8:01 p.m. He inquired if there was anyone present who wished to address the Council. Jeff Stovike, 3201 Lakeside Avenue North, explained he was a real estate broker who was considering opening a consignment and pawn shop. He questioned the proposed fees. The City Manager replied the proposed license fee was $12,000 per year and the investigation fee was $1,500. Mr. Stovike commented it was his impression the City was trying to discourage pawn shops in Brooklyn Center. Councilmember Pedlar responded that while he had no real basis, he felt they may be a bad influence. Mayor Paulson explained staff was directed to research pawn shop fees established by other communities, which were found to be a wide range. The Council discussed the need for the City to establish fees to cover investigation, licensing, and enforcement costs. Councilmember Cohen indicated he made the motion to establish fees based upon information provided by staff from their investigation on other communities' experiences and foes. Councilmember Rosene asked if the proposed fees were so high they would discourage this type of business. He explained the Council's opinion was they would rather not have pawn shops or second hand dealers in Brooklyn Center due to the increase in residential crime rate that usually accompanies them. Mr. Stovike felt anyone going into this type of business should be financially capable of meeting the proposed fees. He agreed the fees would he more difficult to cover the first several years until the business was established. Mr. Stovike explained he had been involved in bartering and exchange of property so he understood the Council's concern. The City Manager indicated he would provide Mr. Stovike with a copy of the Council's previous minutes and other information regarding the proposed fees. 1/13/92 - 10 - 0 Mayor Paulson asked Mr. Stovike if the Council's concerns were valid. Mr. Stovike stated Ile felt tlicv were since stolen merchandise could be brought into the pawn shop, but an honest operator would immediately report this type of transaction to the PQlicc Department who could then make an arrest. Mr. Stovikc disagreed the immediate area of the pawn shop would see an increase in crime since the thief would probably chOSe to pawn the stolen goods in a different area. He added stolen merchandise will be sold regardless of whether in a pawn shop or on the street, however, with a pawn shop, the merchandise would be reported. Mr. Stovike indicated he would consider taking a petition around the area he was considering locating in to get input. No one else appeared to speak, so Mayor Paulson entertained a motion to close the public hcariu�,. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close tlic public hearing at 8:14 p.m. The motion passed unanimously. ORDINANCE NO 92 -02 MC111ticr Cclia Scott introduced the following ordinance and moved its adoption' AN ORDINANCE ADDING SECTIONS 23 -601 THROU '� - RDI _ L1G �3 633 TO THE CITY ORDINANCES RELA i 1NCi '1'U PAWNBROKERS AND SECONDHAND DEALERS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Ruscnc, and the motion passed unanimously. RESOLUTION NO 92 -15 MCmbcr Philip Coheir illtl th e fallowing resolution and moved its adoption: RESOLUTION SETTING FEES FOR PAWN SHOP AND SECONDHAND GOOD DI ALERS LICENSES AND INVESTIGATIONS THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously, AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RE - 'ARDINU WALL AND FREESTANDINQ SIGNS IN THE C2 I -1 AND 1 -2 ZONING DISTRICTS The City Manager presented an Ordinance Amending Chapter 34 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning Districts. He indicated the ordinance was offered for first reading. 1/13/92 - 11 - The Director of Planning and Inspection reported the Council discussed this amendment at its December 2 and 16, 1991, meetings. The proposed amendment reduces the amount of allowable wail sin ' s to the g stated zoo" �. zoning from the curr rrent - establ a 30 fo of tllc wall 15;0 . This ordinance also establi p rovision area to p to allow a dditional f reestanding signs these zonin � . ns in � di g g stricts provided the establishments ag t 0 signs a gT o foredo all other permitted wall g an d comply with various standards established. Councilmember Rosene asked if a sign incorporated into a sculpture would be considered a wall or frc.- stand' in tii n. The b g l; hector of Pl anning and Insp ection ns ection re Ott P re spon ded It would be a f standing sign. He explained the ordinance indicates specifics for making this determination and also allows a sculpture to be c p onsidcred a work of art rather than a sign. However, it would be considered a free standing sign if the sculpture incorporates a business name. The zoning district was also a consideration. There was a motion by Council member. Scott and seconded by Councilmember Cohen to approve far f irst rc;ading An Ordinance Amending Chapter �4 of the City Ordinances Regarding Wall and Freestanding Signs in the C2, I -1 and I -2 Zoning; Districts and setting a public hearing date of February 10, 1992, at 7:15 p.m. The motion passed unanimously, DI CUSSION ITEMS The Council coizcurred to discuss Community Reinvestment Act (CRA) documentation next due to members of the public present. Councilmember Cohen explained he would like to ask Mr. Slawson to address the Community Reinvestment Act (CRA) regarding documentation which requires banking institutions to provide communities with information on lending programs in their communities. Mr. Slawson, President of Marquette Bank - Brookdale, agreed the CRA was a complex issue which was continually being amended He reported community banks in Minnesota have received a satisfactory rating and five an excellent rating. Mr. Slawson reviewed what the bank could use money for and indicated his bank (the only community bank in Brooklyn Center) was working on excellence. There was a motion by Y Cohen seconded by Councilmember direct the Financ Director to req uest documentation from len in stitutions R regarding CRA. The motion passed unanimously. Y RFP FOR EXECUTIVE COMPENSATION STUDY It was noted the Council discussed in Dccember and approved the concept of conducting an analysis of compensation for executive personnel employed by the City. At that time they asked staff to prepare a Request for Proposals (RFP), The City Manager reported staff identified three firms in the metro area, DCA- Stanton Group, Hewitt Associates. and Hay Management Consultants, which have a background and expertise in conducting this type of study. It was estimated the cost for the study could be $5,000 to $10,000. Councilmember Rosene stated he was not yet convinced of the need to spend additional money for a study of this type. 4) 1/13/92 - 12- Councilmember Pedlar pointed out several questions have been raised regarding staff salaries and whether executive salaries were proper compensation or excessive. The Stanton Survey shows salaries paid by different communities, but it fails to indicate salaries in relation to longevity, responsibilities, growth in the community, etc. Councilmember Pedlar stated he supports a compensation study so the Council could be assured they were compensating employees adequately for the good job they are doing. This information will also be important when recruiting for executive positions and in calculating compensation for the new Police thief. In response to Councilmember Pedlar's question, the City Manager explained the consultant would work with staff regarding population, amount of development, type of responsibilitics, number of personnel, demographics, etc. Councilmember Pedlar stated he felt the consultants will address these issues and the study was actually an investment in the community. Councilmember Cohen concurred and pointed out the current salary ranges were based on Programming in the 1970s. He felt it was time for a compensation study to answer issues raised by the Council and to assure the public their tax dollars were being used for professional staff based upon solid facts. Councilmember Cohen added the City has a quality professional staff. Mayor Paulson reported he had heard a lot of comments from residents who were supportive Of what the Council was trying to do with maintaining salaries. He felt it was unfortunate this issue had created ill feelings with staff, but felt it was the duty of the Council to be efficient so he will vote aainst the recommendation, Councilmember Pedlar asked the if hen opposes evaluation pp s e uatio of executive saIar,es. Mayor Paulson stated he felt the Council needed to evaluate what the policy was rather than what the salary is. The City Manager explained staff developed the RFP based on a model used to select a consultant for the pay equity analysis as well as Uouncil's remarks and requests for information. Councilmember Pedlar stated he felt the consultant would look at job descriptions and responsibilitics more than salary. He indicated he would like the opportunity to talk with human resources professionals regarding these issues so the RFP could be further refined and result in the desired end product. Councilmember Cohen pointed out a lot of time had already been spent discussing this issue. He supports a Study being conducted by an unbiased professional which will provide a comfort level for everyone. Councilmember Cohen stated a study of this type is needed so the Council knows what the salary range is for the Police Chief position once he retires as well as for other replacement positions considered in the future. He expressed concern with the newspaper article which indicated the Council was trying to hold down salaries or not be fair, because if staff felt Council wants to hold down salaries, there may be talk about unionizing. Councilmember Cohen stated he felt this issue needed to be resolved expeditiously. Councilmember Pedlar agreed staff needed to be compensated fairly based on job description and responsibilitics. 1/13/92 - 13- There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to table further consideration of an RFP for an Executive Compensation Study to the January 27, 1992, meeting allowing time for additional research. The motion passed unanimously. A N O RDINANCE RELATING TO DEVELOPMENT OF A COMMUNITY FORESTRY WO RK _FLAN. AND PGLICIES REGARDII�IG PUBLIC TREE CARE The City Manager presented a draft ordinance relating to the development of a community forestry work plan. He noted establishment of a tree ordinance, along with designation of official Arbor Day celebrations, was the last formal step toward obtaining Tree City USA status which was essential in qualifying for many grant programs. The Public Works Coordinator presented a summary of the draft ordinance and various grant applications which could be considered once a tree ordnance was adopted. She explained another consideration would be the requirement for licensing or registration of tree trimmers to assure proper insurance and liability coverage. Councilmember Rosene stated he supports a licensing or registration program for tree trimming companies The Public Works Coordinator recommended a registration policy be established, rather than a license, and the fee be established at $25 which was adequate to cover administrative costs. Councilmember Cohen commended staff for their research on this matter. Councilmember Scott asked why ornamental trees, such as Crab or Japanese Cherry, were not includLd for boulevards She pointed out ornamental trees would not get too tall for overhead utility lines. The Director of Public Works explained ornamental trees often cause sight obstructions due to lower branches, but staff would review this further and provide a report for Council consideration, Councilmember Rosene stated he supports Councilmember Scott's suggestion and perhaps the City could require trimming of lower branches if they were causing a sight obstruction. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct staff to prepare an ordinance relating to the development of a community forestry work plan and policies regarding public tree care including a registration requirement with a $25 fee and additional information regarding the use of ornamental trees. Staff was also asked to provide information on applications for various grants. In response to Councilmember Cohen's question, the Director of Public Works explained the City's policy regarding tree trimming was to trim as much as necessary to allow maintenance equipment to pass through. The proposal was a continuation of existing policy, consolidation of a number of other policies and new information on fees. The current ordinance requires a fifteen foot sight triangle at corners, which was enforced on a complaint basis. The Public Works Coordinator reviewed the number of trees that could be planted as a result of the proposed tree program. The Director of Public Works indicated a summary d to the Council a he next meeting. f this will be p rovided t t o p b The motion passed unanimously. 1/x/ 1 9 2 - 14 - S TATUS REP RT RE ARDING 69TH AVF-k;LTE STRELT IMPROVEMENTS The City Manager explained the 69th Avenue Street project had three phases: 1) purchase of property, 2) soil correction through the park area, and 3) final construction, The Director of Public Works reviewed Short - Elliott- Hendrickson, Inc.'s (SEH) comments on the status report as well as staffs comments and recommendations. In regard to bus stop shelters at France Avenue, staff recommended the "site improvements" for the mid -block Stop between France and Grimes Avenue be installed by as F the City pa t of e ro e , �'��TC would then install th l the shelter, p J cr Councilmember Scott suggested a concrete pad also be installed for riders to disembark on rather than just the ground which could become muddy. She suggcsted planning be done to also provide a nice landscaped area. The Director of Public Works agreed additional planning should be done. He indicated staff would look at the two discharg City install site e locations and make recommendations to the Council. Cou ncilmember Scott sua e `tea the s improvements so the bu shelter P s shcl could completed ld be com 1 p as soon as bg possible and not cause a disruption to other landscaping being planned. Councilmember Rosene agreed. There was a motion by Councilmember Scott and seconded by Councilmember Rosene that the City install the site improvements (loading platform and sidewalk modifications) for the mid -block stop between France and Grimes Avcnues as part of the project and MTC install a shelter free of h a r c ge. The motion p assed unanimousl Next discussed was the sprinkler system options and costs. Staff recommended the installation of a sprinkler system on the medians so landscaping on the center me dian could be well maintained and provide maximum parkway impact. With regard to the two foot median maintenance strip option, staff felt the cost ($20,000 to $50,000) for a two foot wide strip behind all curbs on the center median a was too high for the resulting benefit. This median m in a tcnance st rip would h S owever, provide a hard - • urfaced strip behind the curb which would reduce the visual impact of annual die -out from salt, sand, and sun. Councilmember Rosene stated he supports watering the median and boulevard strips since property owners will also be keeping their area watered and well maintained. H also supported statf recommendation regarding the median maintenance strip "solution" out weighing the benefits. Councilmember Pedlar stated he also liked the parkway appearance, but felt a sprinkling system was labor intensive since it needed to be adjusted (so it does not water the pavement) and winterized. He added normal rainfall will keep the plantings green and the sprinkling system could not be used during a drought and resulting sprinkling bean anyway, The Director of Public Works felt sprinkling or some fashion of watering would be necessary to keep the median area green during the summer, Councilmember Pedlar expressed concern with the resident's impression of the City spending money to install and maintain a sprinkling system in the median of 69th Avenue. 1/13/92 - 15 - The City Manager pointed out MSA funds could be used towards this expense if installed as part of the yruject. Councilmember Cohen indicated he would support the installation of a sprinkling system if MSA funds could f)c used. He added the median on 85th Avenue enhances the area with its landscaping and flowers. He pointed out the sprinkling system does not need to be. used all the time once landscaping was established. Councilmember Scott reminded the Council sodding and landscaping will be a substantial investment and watering will be important to assure its growth during the first few years. The Director of Public Works agreed and commented staff could develop a policy regulating use of the sprinkling system for the Council's consideration. Mayor Paulson indicated he felt the Council had decided to move away from the parkway concept, but he supported the sprinkling system it it will help bring back part of the parkway look. Councilmember Rosene questioned using MSA funding towards a sprinkling system. The Director of Public Works responded funds spent for a sprinkling system would not be available for another project. The City's MSA system covers twenty one miles of streets flit he felt adequate funding would be available through the MSA system so it will not result in losing another project. Councilmember Scott stated she supports a sprinkling system to avoid situations like the Brooklyn Boulevard median which has become overgrown with weeds and the loss of evergreens Hennepin County planted on the east side of Lyndalc, She felt the City could develop a policy to judiciously use the sprinkling system, There was a motion by Councilmemher Rosene and seconded by Councilmember Scott to approve the expendinire of $8.1,000 of MSA funds to install a sprinkling system in the center median, the north ten foot boulevard strip and north of the bituminous trail and to not install a two foot concrete median maintenance strip. Mayor Paulson asked if staff, after looking at other uses, recommended funding a sprinkling system as the best use of the money. The Director of i ublic Works answered affirmatively, The motion passed unanimously. The Director of Public Works explained MNDOT had approved the installation of signals at the France Avenue intersection with MSA participation. llcnncpi» Uiuuty DOT had advised they will participate in 50% of the c , , 7)5t$ of ll,c Brvuklyu Boulevard signal revision and will prepare an agreement on it. 1/13/92 - 16- The Director of Public Works reported SEH was coordinating meetings with private utility Companies. The City was working with NSP to get cost estimates to bury the uverhead power lines (estimated at $300,000). While it was. desirable to bury both the feedermain and distribution line, there were costs to the property owners. Regarding the undergrounding of overhead service lines to property owners on the south side of 69th Avenue, staff recommended the City agree to pay for the direct costs ($400 to $1,600/house) for each of the houses where undergrounding of service was necessitated by the City's project, which was estimated to be eight or nine houses, but the property owners assume the additional $2 per month charge. The property owner will also have to pay NSP $2 per month extra charge from NSP if the line is placed underground. Staff plans to meet with property owners once Council's desires are known. Councilmember Rosene asked what benefit the home owner will receive in exchange for the $2 per month charge. The Director of Public Works P responded the primary benefit will tic p aesthetics since the overhead wires and pole will be eliminated. Also, service would be more reliable with the, new entrance box and breakers that meet Code requirements. In response to Councilmember Scott's question, the Director of Public Works explained NSP charges an additional $2 per month for underground service because it was more expensive to repair than an overhead service. Also, the City would have to hire an electrician to change the box and entrance into the house. Mayor Paulson agreed underground lines will create more of a parkway atmosphere and would be best to do in conjunction with the project. Councilmember Pcdlar suggested the seven properties involved be asked if they would cover the $2 per month charge. The Director of Public Works said staff will schedule two open house informational meetings with affected residents to communicate the benefits. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to pay for the direct costs tor each house for placing the overhead service lines uridcrgfoUnd to the property owners on the south side of 69th Avenue. The motion passed unanimously. It was noted eleven of the existing trees could be saved by designing an independent grade for the east /west bound lanes between Halifax and France and Drew as well as seven trees on the north side of the road within the construction limits. The berm design was then reviewed with the indication the design was based on the preliminary landscaping layout presented in the summer of 1991, The Director of Public Works informed the Council SEH had indicated construction of the roadway thru the Palmer Lake swamp in 1992 was not possible because it was taking three to four times linger than originally predicted for the soils to consolidate. They feel it may be possible to construct that section of road in the fall of 1993 or possibly 1994 depending on how soon the required strength was developed. The Director of Public Works said the City staff will send a letter to property owners in this area to make them aware of this development. Council agreed. 1/13/92 - 17- AA_ 1 r � _ _ r x V •l _ -1 _� _ _ _ REPORT OF 1991 ACTIVITIES OFTHF ADMINISTRATIVE TRAFFIC CQNIMI The City Manager presented the report of 1991 activities of the Administrative Traffic Committee comprised of the City Manager, Director of Public Works and the Chief of Police. Councilmember Pedlar reported a resident had called him regarding a stop sign on 59th Avenue. The Public Works Coordinator indicated staff will address this issue within the next 30 to 60 days, There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to accept the 1991 activity report of the Administrative Traffic Committee. Thu inodon passed unanimously, A. Z ONING ORDINANCE AMENDMENT REQUIRING MINIMUM SEPARATIQN BETWEEN A 2 4 HOUR COMMERCIAL OPERATI AND CERTAIN RESIDENTIAL PROPERTIEa The City Manager presented the Request for Council Considcration regarding the possibility of amending the Zoning Ordinance to prohibit late night/early morning or 24 hour operations which were in close proximity to some residential areas. With regard to the Country Store, the Director of Planning and Inspection explained the 24 hour operation could continue, but the operation could not expand. If the 24 hour operation was stopped, they would have to wait for a two year period before they could start 0 the 24 hour operation again. He pointed out if the ordinance does not affect any parcels, the Council will have to decide on the need for this language. The City Attorney agreed the City cannot be arbitrary in action that affects property rights. Councilmember Cohen stated he would not want to put any other property use at risk by addressing a specific area. He asked if a Special Use Permit could be used as all alternate to an ordinance amendment. The City Attorney pointed out the City already had this option for certain types of uses like service stations, He added the problem with most Conditional Use Permit applications was the conditions that must be met in order to be entitled to a permit were somewhat subjective, such as including the application must be consistent with the Comprehensive Plan. The proposed use could not have an impact on the orderly development of the neighborhood or cause a substantial reduction of property values of adjacent properties. The City Attorney pointed out these conditions were difficult to prove and uphold in court. The City Attorney explained it was not the proper use of an ordinance to stop a particular use on a specific property. The ordinance needed to apply to all similar property and situations. The Director of Planning and Inspection reviewed how the proposed criteria was developed. 1/13/92 - is - Mayor Paulson pointed out an all night gas station/convenience store serving people Primarily travcling through the community might not be acceptable to residents in an area, while a similar all night operation serving local residents or a particular neighborhood might be acceptable to nearby residents. He suggested this might also be a means of judging the suitability of the operation staying open all night. The Director of Planning and Inspection indicated this type of distincrion would probably not be considered a legitimate land use distinction and might well be considered discriminatory by a court. He cautioned that distinctions ns ,hould be drawn on the level of activity rather than the use of the operation, Councilmember Cohen asked if Council could consider the activity level of different parking lots, i.c., cars movo I,, and uut lapiUl at an all night gas station but rmuln longer (less activity) at a grocery store. The Director of Planning and Inspection inndicated this type• of consideration is based more on a land use distinction, however, hq suggcstcd these differing activity levels should be looked at in a broader perspective or in a more general manner. As an example, he noted that an all night retail operation such as the County Store might not normally generate as much traffic, noise, etc. during late night hours as a Cub Store, however, h w 7 e would not suggest that the two operations be treated different] in term p y so t hours of operation because the activity levels at the County Stare could chaijgu baacd on a change in marketing or operational strategy rather than the land use of the property, The City Attorney agreed and reminded the Council the language could always be reconsidered at a later date. He added staff was not suggesting changes because of a ground swell of activi but as a way of placing the City in h i tY the most defensible, legal Y p g t}' position for g P reguIating late night operations close to residential areas. After a brief discussion, Council consensus was reached in favor of staffs recommendations as presented. There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing staff to prepare an ordinance incorporating the ei ht options g p recommended in the staff report. The motion passed unanimously. The Director of Planning and Inspection asked if Council would like staff to send an additional notice for general comment. Councilmember Scott suggested an additional notice be sent to properties impacted by the proposed ordinance. Council agreed. MINNESOTA HOUSING FINANCE AGENCY (MHFA) BLIGHTED RESIDENTIAL PROPERTY AND REHABILITATION PROGRAM The City Manager explained the Minnesota Housing Finance Agency (MHFA) was seeking applications for a new housing program titled Blighted Residential Property Acquisition and Rehabilitation Program. 1/13/42 - 19- The Assistant EDA Coordinator indicated the Program would provide state grant funds to finance acquisition and /or demolition of blighted properties, and to provide GAP financing 0 for rehabilitation of blighted properties or construction of new housing on blighted properties. The maximum amount of a single grant award was 5350,000. With this amount of funding, staff estimates the EDA could acquire and demolish approximately six blighter] properties. Councilmember Scott stated she favors any program where the City could obtain grant money to clean up blighted property. The Assistant EDA Coordinator explained this new program was to provide out -right grants so he felt a lot of communities would he applying for these grants. In response to Councilmember Pedlar's question, the Assistant EDA Coordinator explained the blighted properties would be appraised in the low $40,000 to mid- $5Q,Q00. The grant funds would not cover administration, program or relocation costs, but CDGB designated funds could be used if relocation was necessary. Staff currently had an informal list of property considered blighted. Also, a blanket solicitation of the entire ncighborhood could be done to generate interest. R ESOLUTION NO. 92 -16 Membcr Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE SOUTHEAST (EARLE BROWN) NEIGHBORHOOD FOR NEIGHBORHOOD PRESERVATION UNDER THE 0 MINNESOTA HOUSING FINANCE AGENCY'$ BLIGHTED RESIDENTIAL PROPERTY ACQUISITION AND REHABILITATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. CITY COLJNCIL WORK SESSION ION AND SPECIAL MEETING SCHEDULE The City Manager reported staff had accumulated a listing of items to be considered for special Council work sessions in 1992. He added the School District was able to meet on February 3, 1992, and the Brooklyn Park Council on March 2 or 16, 1992. Council reviewed the list of topics and established the first and second, joint meetings with the Brooklyn Park City Council and School District school board, as priorities. The City Manager was asked to schedule the joint meeting with the School District on February 3, 1992, and with the Brooklyn Park Council on March 2, 1992 (optional date would be March 16, 1992). Council indicated a priority status for the Team Building Session and discussed the need for a facilitator. They would like to schedule this session over a weekend. The City Manager indicated he will obtain a list of facilitators that could be considered by the Council. Mayor Paulson stated he felt the Council needed to retain the final decision can agenda items and whether a facilitator will be used. 1/13/92 -20- Consensus was reached that a joint session with the Financial Task Force will be scheduled in April during budget discussions. F NAN .IAL TASK F RCE RECOMME DATI N N F NC' PRIORITIZATION PROCESS TAL S ERV ICE It was noted a copy of the minutes of the January 6, 1992 Financial Task 17 rce meeting and a draft of a Financial and Service Prioritization Process for Brooklyn • s v Center w ere. for Councils review. The City Manager pointed out it includes background, goals, methodology and sets a schedule to coordinate the budgeting process with the Council. Department heads would work out a strategy to cut their budget by ten percent, which would cut a little over one million dollars from the total budget. Staff would also provide Council with information on revenue enhancements. Councilmember Cohen commented the Financial Task Force had done a tremendous job and had an in- jcpth understanding of the budgeting process. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve the Financial Task Force recommendation and adopt the Financial and Sel -vice Prioritization Process. The motion passed unanimously, Councilmember Rosene stated he would also like to consider scheduling joint meetings with several commissions on the same night. 19 BROOKLYN CENTER LEGISLATIVE PROGRAM The City Manager reviewed a list of issues which staff felt the Council may want to take specific action on to support and seek legislative change. Council reviewed the list and indicated a priority status for item 5, community revitalization lcgiylutiUn and item 6, legislation authorizing cities to create transportation utilities, The City Manage su gg ested ry sted this pr ogram b c onsid e red � �� p g as a regular discussion item so staff could keep the Council updated on action by legislators. Council agreed. Councilmember Cohen indicated interest in other issues such as fiscal disparities, the Metro Housing Fund, Local Government Aid formula and transportation funding options. The City Manager pointed out the Council had contracted with Boland and Associates in tlic past to lobby on behalf of Brooklyn nter re garding social service a T Yr' nd grou u legislation. 1> F home Mayor Paulson suggested the City add their support to the coalition developed to provide a unified front regarding transportation. He also indicated he was ap proached by peoplc regarding the sewer development districts and asked staff to obtain more information on this matter since Brooklyn Center may be affected by it. Councilmember Cohen provided a brief explanation of this issue which was originated by Representative Orfield. 1/13/92 _ 21 _ In response to Mayor Paulson's question, the City Manager explained the proposed contract with Boland and Associates was the same as last year. Boland and Associates provides* lobbving efforts, monitors all bills and keeps the City updated. Mayor Paulson reported he had been contacted by a person who indicated the City's lobbying effort was not effective and doing "more harm than help ". He questioned whether Brooklyn Center was "carrying the ball" on their own since other communities were not making any effort along these lines. Council briefly discussed the issue of group homes legislation and agreed the City needed to get out of the hearing process, Councilmember Cohen stated he felt contracting with Boland and Associates was necessary since lobbying was a time consuming process and rcquired spy- cialized knowledge. He indicated he considered their rate of $75 per hour as being very reasonable. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the 1992 Legislative Program as discussed including additional issues Council raiscd and placing a priority on community revitalization legislation. Staff will prepare the bills 1 , 01 presentation to legislators. The motion passed unanimously, Thero was a motion by Councilmember Cohen and sucunded by Councilmember Scott to approve the 1992 cunrract with Boland and Associates. Councilmember Rosene indicated he will abstain from voting since the author was a school boardlucmber of the district he was employed by. Vote: Three ayes, one nay, one abstain. The motion passed. Mayor Paulson voted nay and Councilmember Rwscnc abstained from voting. RESOLUTIONS ( ONTINUED) AMENDING 1992 PAY PLAN The City Manager explained the proposed resolution would result in eliminating two part- time sales positions at the Heritage Center and replacing them with a full -time Sales position. The EDA Coordinator clarified it will replace two part -time positions and create two full time positions. Mayor Paulson questioned the provision for a communications coordinator. The City Manager responded this matter was being considered by the Communication Commission who will provide a recommendation for the Council's review. Mayor Paulson suggested this recommendation be submitted by February. 1/13/92 -22- RESOLUTION NO. 92 -17 Mer<iber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1992 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. CONSIDER RESOLUTION OF COMME NDATION FOR RICHARD "BUD" SETZLER Councilmember Cohen reported Richard Setzler, Osseo City Clerk for 44 years, had retired. He suggested a resolution of appreciation be presented to him at the reception which will be held on Sunday, January 19, 1992. RESOL TI O N NO. 92 -18 U MCinbcr Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD "BUD" SETZLER, OSSEO CITY CLERK The motion fnr the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. AD OURNMENT Therc was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :31 p,m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services 1/13/92 - 23 - CITY OF BROOKLYN CENTER Council Meeting Date 1/27/32 Agenda Item Number U REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: P ecL�9 , Patricia A. ge, Deputy City Clerk MANAGER'S REVIEWRECONIlUENDATION: No comments to supplement this report Comment T below/attached SUMMARY EXPLANATION: (supplemental sheets attached ) Several terms of appointment for advisory commissioners are due for consideration of reappointment by the mayor and city council. Each of the commissioners has been notified, and they have expressed their intentions on whether or not they wish to be reappointed. Below is a summary of these positions. HUMAN RIGHTS AND RESOURCES COMMISSION Agatha Eckman wants to be reappointed to serve through 12 -31 -94 Kathleen Carmody wants to be reappointed to serve through 12 -31 -94 There are no vacancies on this commission. PARK AND RECREATION COMMISSION Dave Skeels resigned Thomas R. Shinnick wants to be reappointed to serve through 12 -31 -94 There is one vacancy on this commission. HOUSING COMMISSION Neal Nelson wants to be reappointed to serve through 12 -31 -94 Robert Torres wants to be reappointed to serve through 12 -31 -94 Ernie Erickson wants to be reappointed to serve through 12 -31 -94 Barb Jensen wants to be reappointed to serve through 12 -31 -94 There is one vacancy on this commission. PLANNING COMMISSION Mark Holmes wants to be reappointed to serve through 12 -31 -93 Bertil Johnson wants to be reappointed to serve through 12 -31 -93 Ella Sander wants to be reappointed to serve through 12 -31 -93 PLANNING COMMISSION CONTINUED Molly Malecki has indicated she will resign after replacements are found so a quorum • can be maintained There is one vacancy on this commission. NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION Bettilou Christopher wants to be reappointed to serve through 12 -31 -93 There are no vacancies on this commission. CITY OF BROOKLYN CENTER Council Meeting Date 1/27/92 Agenda Item Number ^ � REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PRESENTATION BY COMMUNICATIONS TASK FORCE DEPT. APPROVAL: Geral R. Barone, Personnel Coordinator � MANAGER'S REVIEW/RECOMNIENDATION: • No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNDIARY EXPLANATI (supplemental h attached ON: (su le enta sheets attac ) PP Dr. Fred Capshaw, chairperson of the ad hoc City communications task force, will be present at the city council meeting to update the council on the task force's activities. The task force has` drafted a goals statement before proceeding with developing a communications plan with specific recommendations regarding use of various avenues of communication. The task force is asking the city council to discuss, review, and approve or amend the goals statement (attached) so it can proceed with its assignment. The task force has also developed some preliminary recommendations based on requests from the mayor and city council. The task force has emphasized that these recommendations are preliminary because they feel more deliberative discussion should take place before any final recommendations are forwarded to the council. Following are the communications task force's preliminary recommendations. 1. The task force should proceed with developing a communications plan based on goals established by the task force and approved by the city council. 2. City council meetings should be broadcast on cable television if this can be done inexpensively at the outset. 3. A full -time position responsible for marketing Brooklyn Center should be established and built around the communications plan. The task force should be involved in developing a job description for this position. Dr. Ca Shaw will be available at the council meeting to discuss an specific questions the council P g Y P q might have regarding the task force's activities. RECOMMENDED CITY COUNCIL ACTION Discuss /review /approve /amend communications task force's goals statement. 0 BROOKL YN CENTER AD VISOR Y COMMISSION ON COMMUNICA TION January 15, 1992 D R A F T The City of Brooklyn Center wishes to advance a new plan for communication between the City and its residents and workforce based on its goals for information, involvement, and identity. INFORMA TI ON L Provide accurate, timely, well- planned information to Brooklyn Center residents n e is a d workforce. A. Inform residents and workforce of how and when City government offices function. B. Increase understanding of and access to on -going City government processes. C. Promote understanding and observance of City regulations. D. Identify approaches for reaching the broadest range of citizens. E. Develop a proactive citizen -based approach for a crisis prevention communication system. Page -2- INVOL VEMENT H. Encourage a higher level of citizen involvement. A. Increase timeliness of communication on emergency issues and awareness of processes for citizen input. B. Determine new strategies for feedback. C. Advance new leadership preparation. D. Promote awareness of and participation in City recreational and cultural activities as well as City celebrations. o s. E. Establish communication links with other civic groups. IDENTITY III. Enhance awareness and appreciation of Brooklyn Center ideas tit y. A, Define the attractiveness of Brooklyn Center living. B. Develop a clearer sense of City identity. C. Project a positive and consistent image of the City. D. Promote a service - oriented environment among city employees. E. Foster a sense of pride in the community. BrklynCtr /January 17, 1992 CITY OF BROOKLYN CENTER Council bfeeting Date 1/27/9 Agenda Item Number /O REQUEST FOR COUNCIL CONSIDERATION 0 ITEM DESCRIPTION: PUBLIC HEARING RE: BROADCASTING OF CITY COUNCIL MEETINGS ON CABLE TELEVISION DEPT. APPROVAL: Geralyn R. Barone, Personnel Coordinator MANAGERS REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUNIlVI[ARY EXPLANATION: (supplemental sheets attached ) The city council has scheduled a public hearing to receive comments on a proposal to broadcast city council meetings on cable television. A notice of the public hearing was sent to all City advisory commissioners, and NORTHWEST NEWS and BROOKLYN CENTER POST were asked to publicize the hearing. A notice was also posted on cable TV channel 37. City staff met with Dave Kiser of Northwest Community Television (NWCTV) to discuss the technical feasibility and cost of cable casting the meetings. Mr. Kiser will be present and available to answer specific questions the city council may have during the public hearing and any discussion period that follows it. If the city council decides to move forward with plans to broadcast council meetings, there are a number of alternatives available for doing so. These options are described below in more detail. The first four alternatives assume the council meetings will continue to be held in the city council chambers. Because the cable control room is adjacent to the chambers, very little effort will be necessary to put the meetings on the air. The City owns two cameras, a character generator for graphics, a mixer, and all the electrical equipment to easily broadcast the meetings from the council chambers. If the meetings are at a site that lacks all of the in -place equipment, such as Constitution Hall, there will be a major effort to move equipment and set up for each meeting. A drawback to using the council chambers is the poor lighting situation. A reading of the lighting in the chambers by Mr. Kiser shows an existing level of 20 foot candles. He suggests, at a • minimum, 120 foot candles is required to adequately tape the meetings. Major television stations use 300 -350 foot candles for their news programs. The expenses cited in the first three alternatives are directly related to addressing the lighting deficiencies. An expense for all options is the labor costs for camera operators and a director. A supervisor would be needed to oversee the first two or three meetings. NWCTV provides trained personnel to tape council meetings in Golden Valley, Crystal, Robbinsdale, New Hope, and Brooklyn Park. Attached is the standard agreement for cable casting services. NWCTV has been extremely reliable and consistent in providing these services to our neighboring communities. An estimated annual cost of these services based on 24 council meetings per year averaging four hours in length each is $2,100. The following options contain very preliminary cost estimates based on information available to us. The council may have other suggestions in addition to these alternatives. OPTION 1 - Temporary Lighting Should the city council choose to immediately begin cable casting its meetings, NWCTV could rent some portable lighting to the City. This lighting is not available on a long -term basis, and it is the harshest lighting to look at for any length of time. The rental rate would be about $20 per meeting. OPTION 2 - Interim Lighting Some rather temporary inexpensive lighting could be mounted on the ceiling cone that would adequately illuminate the council chambers for cable casting. These lights may likely cause some distraction to the council during meetings. Including the cost of the lights and electrical wiring expenses, this option would range in price between $5,000 and $8,000. This alternative might be selected if option 5 is chosen, or if the council chambers is expected to be turned into office space in the near future. OPTION 3 - Permanent Lighting • The city council may choose to install more permanent, better quality, lighting in the council chambers that would provide more comfort to those on camera. The total cost of doing this is approximately $30,000. This is a longer -term approach which assumes council chambers use will continue as the status quo. OPTION 4 - Major Remodeling An even more permanent upgrade could be made to the city council chambers by making it a state - of- the -art facility similar to the council chambers in New Hope that was recently remodeled. Major enhancements in 1991, including installation of sophisticated media capabilities for cable casting city council meetings and construction of new council tables, cost New Hope about $181,000. If Brooklyn Center chooses to make such enhancements, it is assumed the council chambers would not be considered for future use as office space. OPTION 5 - Relocation A final option is to build a new facility at the Earle Brown Heritage Center that would include a high tech council chambers ready for cable casting meetings. Because of the need to construct an entire new building, this option is estimated to range in cost from $500,000 to $600,000. Please note that cost figures are all very rough estimates that may vary up or down. If the council has any other suggestions, we can certainly research the costs of these ideas. RECOMMENDED CITY COUNCIL ACTION Evaluate alternatives and provide staff with further direction following a P ublic hearing. AGREEMENT FOR CABLECASTING SERVICES The following is an Agreement between the CITY OF ROBBINSDALE (the "City ") and NORTHWEST COMMUNITY TELEVISION ( "the service company ") for the provision of professional services. I. SERVICES Northwest Community Television will provide staffing for cablecasting all regular City Council meetings. The City will provide an annual calendar of all scheduled meetings and will provide timely information on changes in meeting dates. If mutually agreeable to Northwest Community Television, the City may authorize cablecasting of additional special meetings. Standard staffing will include a director and two camera operators provided by Northwest Community Television. Northwest Community Television crews will set up equipment, produce the meeting for cablecast and take down equipment. II. PAYMENT Northwest Community Television will provide a quarterly billing to the City of Robbinsdale for services provided at the following hourly rates: Director - $8.50 Camera Person - $6.00 Supervisor /Trainer - $20.00 The City of Robbinsdale will guarantee a two hour minimum for the director and camera person for each City Council meeting. There will be a $25.00 overhead charge for each meeting. - Bills will detail the date of cablecast, hours per personnel category (director /camera person) and the overhead charge. III. TRAINING N.W.C.T. will provide supervision and training for the cablecasting crew. Up to six hours of supervision /training is hereby authorized for cablecasting the first two council meetings. Supervisory personnel will attend additional meetings to provide assistance as requested by the City or the N.W.C.T. crew, and authorized in advance by the City. IV. EQUIPMENT The City will provide all equipment necessary to reasonably cablecast the meetings. Northwest Community Television's staff will work with the City to select and purchase appropriate equipment for the cablecasting with no fee for technical services provided. V. AMENDMENTS /TERMS OF SERVICES Services will begin at a mutually agreed upon date no later than January 8, 1991. This agreement can be amended or terminated with a sixty -day written notice by the City of Robbinsdale and /or Northwest Community Television. Ex,6 c l utive Director No , rthwest Community Television Walt Fehst City Manager City of Robbinsdale Joy Robb Mayor Date CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO REQUIRE A MINIMUM SEPARATION BETWEEN CERTAIN EARLY MORNING /24 HOUR COMMERCIAL OPERATIONS AND SINGLE FAMILY AND TWO FAMILY DWELLINGS IN THE R1 AND R2 ZONING DISTRICTS DEP PROVAL: RONALD A. WARREN, DIRECTOR OF PLANNING AND INSPECTION MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The t e C y Council has been considering the possibility of amending the zoning ordinance to prohibit certain early morning or 24 hour operations from being in close proximity to single family and two family residential areas. At the January 13, 1992 City Council meeting the Council discussed a number of proposed points to be included in such an ordinance amendment. The City Council also directed the preparation of such an ordinance amendment to be considered for first reading. The requested revisions have been made and the proposed ordinance amendment is offered for the City Council's consideration. If the City Council has a first reading the ordinance will be published and a public hearing scheduled. Also, the staff at the direction of the City Council will be notifying owners and operators of the affected property about the changes and the public hearing. Recommendation If the attached ordinance amendment meets with the City Council's approval, it is recommended that it be given a first reading and that it be published and a public hearing established. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1992 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance to require minimum separation between some commercial operations and certain R1 and R2 zoned property. Auxiliary aids for handicapped persons 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 AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO REQUIRE A MINIMUM SEPARATION BETWEEN CERTAIN EARLY MORNING/ 24 HOUR COMMERCIAL OPERATIONS AND SINGLE FAMILY AND TWO FAMILY DWELLINGS IN THE R1 AND R2 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS 8. Commercial operations which are open for business to the general public for service, entertainment or retail sales between the hours of 12:00 midnight and 6:00 a.m. shall not be located closer than 200 feet from any single family or two family dwelling in an R1 or R2 zoning district measured from property line to property line. The following uses situations or conditions are lawful exceptions to the hour limitations imposed by this section of the ordinance: a. Temporary promotional events authorized by administrative permit pursuant to Section 35 -800 of this ordinance b. Uses that are separated from single family or two family dwellings by major thoroughfares as defined in Section 35 -900 of this ordinance and 69th Avenue North between Brooklyn Boulevard and TH 252. C. Medical emergency services A Hotels, motels or lofting establishments except for that part of those operations which may involve eating drinking and/or entertainment activities e. Tennis clubs racquet and swim clubs and other athletic clubs and health spas except for any permitted outdoor activity f. Any service /office use which is also permitted in the C1 zoning district q.. The lawful use of a commercial o for service entertainment or retail sales during the h cf 12.00 midnight and 6:00 a.m existing at time of the adoption of this ordinance maV be continued provided however, that the hours of operation shall riot be expanded beyond the hours existing at the 0 time of the adoption of this ordinance If the use ceases to operate during the restricted hours for a period of two consecutive years the restricted hours may not be re- established Such a lawful non - conforming use of the property shall not result in the prohibition of any expansions or alterations permitted by this ordinance. Section 35 -800 ADMINISTRATIVE PERMITS. No person shall use his /her property or /and assist, countenance or allow the use of his her or of another's property located within the municipality for any of the following purposes or uses without first having obtained a permit from the City zoning official. The use shall not for the duration of the permit, considering the time of year, the parking layout for the principal use, the nature of the proposed use and other pertinent factors, substantially impair the parking capacity of the principal use or impair the safe and efficient movement of pedestrian and vehicular traffic either on or off the premises. A waiver from certain provisions of the sign ordinance and from certain parking requirements of this ordinance is implied by the granting of the administrative permit, but only for the duration of the permit and to the extent authorized by said permit. 2. Out -of -door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or special use within a non- residential zoning district as follows: b. Miscellaneous out -of -door retail sales or displays or promotional events including promotional events that would allow otherwise prohibited service, entertainment or retail sales in the C2 zoning district between the hours of 12:00 midnight and 6:00 a.m., for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be as set forth by City Council resolution Section 2. This ordinance shall become effective after adoption and upon 30 days following its legal publication. Adopted this day of 1992. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 1/27/92 Agenda Item Numbe 10 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES DEPT. APPROVAL: Sy Knapp, /Director of Public Works MANAGER'S REVIEW /RECOMIWENDATION: {: No comments to supplement this report Comments below /attached �K�k�K�k> k�k�K�k�k�k�k�k�k�k�k�k�k�K�k�k�k�k�k> k> k�K�K�K�k�k�k�k�k* �; c�K�k> k�k�k�k> k�k�k�k�k�k�k�k�k�kX�k�K�K�kxycx��K�k�k�k�k >k�k�;c�;c�cxycxyc�;cxycx�cx, x SUMMARY EXPLANATION: (supplemental sheets attached Yes The attached ordinance adding Chapter 20 regarding trees is offered tonight for a first reading. Revisions requested by the Council at its January 13, 1992 meeting have been incorporated into the ordinance. Also attached is a memo summarizing our 1992 tree planting plan. In brief, changes made to the January 13 version include: o Section 20 -200, Public Tree Care in General, has been divided into three subdivisions. In subdivision 3, an added requirement is that no boulevard tree may be planted without a permit obtained from the Director of Public Works or designee. The purpose of such a permit is to ensure that all siting requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The section would provide the City with the authority to order moved or removed any boulevard tree not planted by permit or which is otherwise not in compliance with boulevard tree planting requirements. o Section 20 -201, Tree Trimming. The property owner is required to trim trees or shrubs to maintain adequate sightlines for vehicles, bicycles, and pedestrians. o Section 20 -400, Distance From Edge of Street or Sidewalk. A distance requirement has been added to cover the case where there is a sidewalk and the boulevard is wider than twelve feet. Also, the statement regarding distance from the edge of a sidewalk has been rewritten for clarification. o Sections 20 -501 and 502, regarding registration of tree trimmers /removers have been added. • RECOMMENI)ED CITY COUNCIL ACTION Conduct a first reading of the proposed ordinance. MEMORANDUM January 21, 1992 TO: S Knapp PP FROM: Diane Specto� SUBJ: 1992 Budgeted Funds for Trees The following is a summary of 1992 budgeted funds and proposed expenditure plans for planting trees: DIVISION 42 - STREET MAINTENANCE Budget includes: Replacement of Boulevard Trees, 50 @ $65 (Due to Accidents, Vandalism, etc.) $3,250 Reforestation $7,800 1992 Residential Reforestation Program $3,000 60 @ $50 or 120 @ $50 if matched by Global ReLeaf Boulevard Planting Program $4,800 75 @ $65, program to be developed DIVISION 69 - PARK MAINTENANCE Budget includes: Landscape materials - 50 @ $60 $3,000 About 65 if receive Global ReLeaf funds For Evergreen Park project 1-b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19_ , at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Adding Chapter 20 Regarding Trees. Auxiliary aids for handicapped persons are available upon request as least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES TO THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 20 is hereby added to the City Ordinances with language as follows: CHAPTER 20 - TREES Section 20 -100. PURPOSE. The purpose of this ordinance is to establish policies to protect and enhance the City of Brooklyn Center's urban forest, to the extent found by the City Council to be practical within available financial and staff resources. Section 20 -101. MANAGEMENT. The director of public works or designee shall be responsible for developing policies regarding the care preservation, planting, replanting, removal, or disposition of trees and shrubs in parks, in the public right of way, along trails and in other public areas and for developing an annual tree planting and maintenance plan. Section 20 -102. DEFINITIONS. The language set forth in this ordinance shall be interpreted in accordance with the following definitions. Boulevard. The area between the edge of the street or the back of the curb where curb and gutter exist and the property line. Public tree. Any tree or shrub located in any park public right of way, trail, or other public space. Public space. Includes but is not limited to the grounds of public buildings; designated open space; city owned property: street alley, and trail rights of way. CARE AND MAINTENANCE OF TREES Section 20 -200. PUBLIC TREE CARE IN GENERAL. Subdivision 1. Care of Trees in Public Areas. The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs in parks, in the public right of way, along trails and in other public areas, as may necessary or desirable to protect public safetv or to preserve or enhance the symmetry and beauty of such public grounds. Subdivision 2. Removal of Unsafe Trees. The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature or location is injurious to sewers electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus insect or other pest. Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public works or designee. The City may move remove or trim or cause or order to be moved removed, or trimmed any boulevard tree not planted by permit or any boulevard tree which is not in compliance with this code This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection location and care of said trees are in accordance with the provisions of this code. Section 20 -201. TREE TRIMMING. The City shall have the authority to trim trees in parks and other public spaces The City shall have the authority to trim boulevard trees, as needed, to allow the movement of the tallest pieces of street maintenance equipment along the streets The property owner shall be responsible for aesthetic trimming: for trimming on any corner lot which is necessary to allow visibility at intersections in the sight triangle bounded by the property lines of said lot and a straight line joining points on such property lines 25 feet from their intersection of the property lines pursuant to Section 35 -560 of this code: for trimming of any boulevard tree or shrub which is necessary to maintain adequate sightlines for vehicles bicycles and pedestrians; and for any other trimming not specifically assigned to the City in this section. Section 20 -202. PRUNING AND REMOVAL OF DEAD BRANCHES AND TREES Every owner of any tree within the City shall prune the branches so as to remove all dead diseased, dangerous or broken or decayed limbs Any standing dead or fallen tree is hereby declared a public nuisance for purposes of sections 19 -101 through 19 -106 of this code Any such tree shall be removed and disposed of promptly by the owner, or in the case of boulevard trees by the adjacent property owner. Standing and fallen dead trees located in public -owned nature areas or open spaces shall be removed at the discretion of the director of public works or designee. Section 20 -203. STORM DAMAGE The City shall be responsible for cleanup of downed or broken limbs or otherwise storm damaged boulevard trees The adjacent property owner is responsible for stump removal Section 20 -204. STUMP REMOVAL. All boulevard stumps shall be removed four inches below the surface of the ground so that the top of the stump shall not proiect above the surface of the ground. Section 20 -205. ABUSE OR MUTILATION OF TREES No person shall intentionally damage, cut, carve, transplant or remove any public tree; attach any rope wire nails, advertising, posters, or other contrivances to any public tree; allow any gaseous, liquid, or solid substance which is harmful to such trees to come into contact with them; or set any fire or permit any fire to burn when such fire or the heat thereof will iniure any portion of the tree: or to direct or authorize such activity or circumstance Section 20 -206. PRESERVATION STANDARDS No Excavation Permit Building Permit, Plat Approval, Site Plan Approval, or other relevant Permit or Approval may granted until the director of public works or designee determines that the existing trees are adequately protected and preserved Only adequately_ protected and preserved trees may be considered as providing credit toward site landscaping requirements for certain types of development detailed in Chapter 35 of this code DETECTION AND CONTROL OF TREE DISEASES Section 20 -306. CITY COST PARTICIPATION The City shall pay 50 percent of the cost of removal of diseased boulevard trees provided such removal is conducted under the City's annual Diseased Tree Removal contract PLANTING OF TREES Section 20 -400. DISTANCE FROM EDGE OF STREET OR SIDEWALK. Where there is no sidewalk no tree may be planted closer than eight feet from the edge of the street, or from the back of the curb where curb and gutter have been installed. Where there is a sidewalk and the boulevard is greater than twelve feet wide boulevard trees are permitted provided they are planted no closer than six feet from the edge of the street or from the back of the curb and no closer than three feet from the edge of the sidewalk Where there is a sidewalk and the boulevard is between six and twelve feet wide boulevard trees are permitted provided they are planted in the middle of the boulevard Where there is a sidewalk and the boulevard is less than six feet wide no boulevard trees may be planted Any trees planted within sidewalks must be Planted utilizing tree grates Such sidewalk planting is subject to design details approved by the director of public works No tree may be planted closer than four feet from the edge of the sidewalk on the side opposite the street. Section 20 -401, UTILITIES. No boulevard trees other than those which may attain a maximum height of 25 feet or less at maturity mny be planted under or within 10 lateral feet of any overhead utility wire No boulevard tree may be planted over or within 5 lateral feet of any underground water line sewer line transmission line, or other utility. Section 20 -402, RECOMMENDED TREE SPECIES The City promotes a diverse urban forest so as to minimize the spread of tree disease. To assist in meeting this goal, the City Council shall annually adopt a resolution desi allowable boulevard tree species. REGISTRATION OF TREE TRIMMERSLREMOVERS Section 20 -501. REGISTRATION REQUIRED It shall be unlawful for any individual partnership or corporation to conduct as a business the cutting trimming_ pruning, removing, spraying or otherwise treating of trees or shrubs in the City without first having secured a registration from the City to conduct such business. Application for the registration is made through the City Clerk or designee. Registration will be granted upon proof that the applicant meets the requirements of section 20 -502 The annual fee for rezistration is set by Council resolution from time to time. The registration expires annually on December 31. Registration is not transferable. The registration fee must be paid to the clerk at the time of application The registration fee will not be prorated Section 20 -502. REGISTRATION REQUIREMENTS. The applicant must file with the clerk a certificate of insurance showing the applicant has purchased public liability and worker's compensation insurance which will remain in effect for the term of the registration, and that the insurance will not be canceled without 10 days notice to the City. The policy or policies of public liability insurance shall provide public liability_ coverage to the applicant in the amount of $100,000 for bodily injury to or death of one person per occurrence, $300,000 because of bodily injury to or death of more than one person or occurrence and $100,000 property damage coverage per occurrence and shall name the as an additional insured. Section 2. Sections 19 -1501 through 19 -1505 are hereby renumbered 20- 301 through 20 -305. Section 3. Section 19 -1506 is hereby renumbered 20 -900. Section 4. This ordinance shall become effective after publication and thirty (30) days following its adoption. Adopted this day of 19_ Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 1/27/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING THE REPORT OF THE SELECTION COMMITTEE FOR PROCUREMENT OF ENGINEERING SERVICES FOR THE DEVELOPMENT OF A WATER MANAGEMENT PLAN AND APPROVING EXECUTION OF A CONTRACT FOR SAID SERVICES WITH BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. M*** �* �k>; c�k�k� !c�k�k�k�k�k�k�k�k�k�K�k�kx�x, x�! c�cycx�; cxx�; cyc�c�cyc�cxvc�! c�tc�c�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k�k��k�k�k�k�k�k�k�k�k�k�k�k��k DEPT. APPROVAL: Sy Knap Direc or of Public Works MANAGER'S REVIEW /RECOMMENDATION: 1 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes- At its regular meeting of November 18, 1991, the City Council adopted Resolution No. 91 -265, which formally initiated the development of Brooklyn Center's Water Management Plan. In accordance with the City's "Policy for Procurement of Professional Services ", proposals were solicited from consulting firms who provide the necessary expertise and experience to complete such a plan. A selection committee was then appointed to assist in narrowing down the list of six submitting firms to three finalists. Interviews were conducted, and the selection committee recommended the firm of Bonestroo Rosene Anderlik & Associates, Inc. (BRAA) for the preparation of the City's Water Management Plan. The Director of Public Works and City Engineer then negotiated a proposed contract for professional services with BRAA, a draft copy of which is included with this item. The attached memorandum from City Engineer Mark Maloney reports the activities and recommendations of the selection committee in detail. Representatives from BRAA will attend the Council meetin g and make a 10 to 15 minute presentation — discussing their firm and proposed study. RECOMMENDED CITY COUNCIL ACTION A resolution which accepts the report of the selection committee for procurement of Engineering services and approves execution of a contract with Bonestroo • Rosene Anderlik & Associates, Inc. is attached for consideration by the City Council. NO, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING THE REPORT OF THE SELECTION COMMITTEE FOR PROCUREMENT OF ENGINEERING SERVICES FOR THE DEVELOPMENT OF A WATER MANAGEMENT PLAN AND APPROVING EXECUTION OF A CONTRACT FOR SAID SERVICES WITH BONESTR00 ROSENE ANDERLIK & ASSOCIATES, INC. WHEREAS, pursuant to Minnesota Statutes 473.878, the City of Brooklyn Center has initiated the development of a Local Water Management Plan; and WHEREAS, Resolution No. 91 -265, adopted November 18, 1991, authorizes the solicitation of proposals from consultants for the development of Brooklyn Center's Plan; and WHEREAS, the City's approved "Policy for Procurement of Professional Services" provides for the creation of a selection committee, whose composition was approved by Resolution No. 91 -265; and WHEREAS, the selection committee has recommended that the City enter into a contract with the firm Bonestroo Rosene Anderlik & Association, Inc. (BRAA), for the provision of professional services in conjunction with the development of Brooklyn Center's Local Water Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The report and recommendation of the selection committee is hereby accepted. 2. The proposed professional services contract between the City of Brooklyn Center and Bonestroo Rosene Anderlik & Associates, Inc. as recommended by the Director of Public Works and City Engineer, is hereby approved. 3. The Mayor and City Manager are hereby authorized and directed to enter said professional services contract. RESOLUTION NO. 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. cirY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BF OOKLYlti TELEPHONE: 569 -3300 F CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM DATE: January 22, 1992 TO: Sy Knapp, Director of Public Works FROM: Mark J. Maloney, City Engineer RE: Consultant Selection for development of a Water Management Plan Background Minnesota Statutes 473.878 requires metro municipalities (including Brooklyn Center) to prepare "... a local water management plan, capital improvement program and official controls as necessary to bring local water management into conformance with the watershed plans (previously adopted by the Shingle Creek and West Mississippi Watershed Management Commissions). The Statute also requires that the local water management plan be completed by a date set by the governing Watershed Management Commissions, that date having been established by our governing commissions as May 3, 1993. This statutory requirement of the City has previously been considered by the City Council, during the development of the 1991 Budget and the formation of the City's Storm Drainage Utility (SDU). The adopted 1991 and 1992 SDU budgets included a total of $150,000 for the development of this local water management plan. Request for Proposals At its regular meeting of November 18, 1991, via Resolution No. 91 -265, the City Council formally initiated development of Brooklyn Center's Local Water Management Plan. Resolution No. 91 -265 approved the Request the Proposal as prepared by the City Engineer, SN c ' cr'Ct' 1986 ALLAAIFKA M t"TfY for use in soliciting proposals for the required consulting services. This Request was developed in close conjunction with the Minnesota Board of Water and Soil Resources' (BWSR) latest draft of the rules and regulations for plan development. The Request for Proposals was also developed so as to require the plan to be tailored specifically to Brooklyn Center's needs, including analysis of the sufficiency of the existing storm drainage system and implementation of plans to protect and improve the City's lakes, streams and wetlands. It has been our approach throughout that we end up with a plan that not only meets the minimum requirements of the state mandate, but which also ultimately provides a useful inventory of water related issues, problems, etc. within Brooklyn Center ... and a plan to deal with those issues and problems. The general structure of the plan, as defined by the Request for Proposals, incorporates a two -phase approach. Phase I is comprised of data collection /inventory, problem identification, priority ranking of problem areas and scoping of Phase II work. Phase II would then consist of detailed planning and cost analysis to resolve problems, according to the previously adopted priority list. One important reason for the two -phase approach is that at this time it would be nearly impossible to predict the amount of work that would be required of a consultant during the second phase. The second phase services depend totally on the number and types of prioritized problems determined by the first phase; and at best can only be estimated. Another characteristic of the two -phase approach is that the consultant selected for Phase I will be required to assemble data and documentation in a fashion that would easily transfer to someone else, should the City elect to have a different consultant perform the work for Phase II. It should be noted that while Phase I is generally limited to preliminary work (data collection /inventory, hydrologic modeling, etc.) the consultant for Phase I is required to provide a detailed analysis of the 63rd /65th Ave. storm sewer system, and to develop potential solutions for the problems experienced on Indiana Ave., Orchard Ave. and other locations within the drainage area served by that storm sewer system. By including this "priority" in Phase I, we are optimistic that at least a partial solution to the identified problems in that area could be implemented by late 1992. At the time the Council initiated the Plan development, we had estimated that each of the two phases would cost approximately $75,000 each. We were fairly confident of that being a reasonable estimate for Phase I, however, Phase II actual costs will depend on the extent of technical requirements, citizen input process and City Council decisions as to goals and objectives. As will be discussed later in this report, the consultants contacted for Phase I services proposed costs in the range of $70,600 to $98,800. Proposallhiterview Process In accordance with the City's "Policy for Procurement of Professional Services ", adopted on August 13, 1991, a schedule was developed that requested that the Proposals from 2 consultants be submitted to the Cit_v Engineer by December 6, 1991. Resolution 91 -265 stated that "The approved Request for Proposal be submitted to the following firms: Barr Engineering Company Bonestroo Rosene Anderlik & Associates Inc. (BRAA) Orr Schelen Mayeron & Associates Inc. (OSM) Short Elliot Hendrickson Inc. (SEH) Toltz King Duvall Anderson & Associates Inc. (TKDA) Wenck Associates Inc. Westwood Professional Services Inc." The above firms were selected for their recent demonstrated ability to develop water management plans, along with their ability to work with municipal clients. Representatives of the above firms attended a pre - proposal meeting at City Hall, held for the purpose of distributing maps, providing a general overview and answering questions regarding the plan development. The agenda used for that meeting is attached to this report for reference. The City's s ado ted professional services policy olic also provides for the establishment of a selection committee, to aid in proposal /interview process. The City Council, with Res. No. 91 -265, approved a selection committee comprised of Sy Knapp - Brooklyn Center Director of Public Works, William Monk - Crystal City Engineer, and Charles Lenthe - Blaine City Engineer. Mark Maloney was also recommended to serve as a non - voting "executive secretary" to the selection committee, to prepare and compile evaluation criteria and generally coordinate the activities of the committee. The selection committee first met on December 10, 1991, to receive copies of the proposals submitted and to agree upon valid selection criteria to be used during the process. The goal of the proposal evaluation process was determined as narrowing the list of six consultants (seven were originally contacted, but the two firms of Wenck and Westwood submitted a proposal jointly) to a "short- list" of three. The selection committee members independently evaluated the proposals according to the agreed upon criteria, and submitted their results to the executive secretary on December 27, 1991. Based on the average ranking of the proposals submitted, the selection committee recommended the following "short list ": Bonestroo Rosene Anderlik & Associates Inc. (BRAA) Orr Schelen Mayeron & Associates Inc. (OSM) Short Elliot Hendrickson Inc. (SEH) A blank Proposal Rating Form and summary of the committee's findings are attached to this report for reference. Detailed ratings by the selection committee's members and copies the actual proposals are available upon request. 3 The "short listed" firms were subsequently interviewed by the selection committee, here at City Hall during the early part of January, 1992. The interviews were scheduled for one hour and generally consisted of a formal presentation. by the consultant, structured questioning by the selection committee followed by a brief wrap -up period. The selection committee rated the consultants on the basis of their presentation, responses to questions, knowledge and experience of the firm's professional/ management staff, and other agreed upon criteria. It should be noted here, as was by the selection committee, that all firms submitting proposals were qualified and probably capable of developing a water management plan, and certainly any of the three firms interviewed would perform adequately for the City. After the interview process was concluded, the committee discussed their independent results, and recommended that Bonestroo Rosene Anderlik & Assoc. Inc. (BRAA) would be the firm which would best meet the interests of the City. A blank Consultant Selection Evaluation Form and Interview Rating Summary are attached to this report for reference. It was apparent in BRAA's proposal, and amplified during the interview, that a very important element of their proposed strategy for plan development was the maximum practical level of citizen participation. This was proposed through the use of newsletters, direct mailings, questionnaires, public open forum informational meetings and ultimately a task force, comprised of nine members approved by the City Council. BRAA proposed that this task force be comprised of City staff personnel, representatives of the consultant, and up to two citizens of Brooklyn Center. This strategy was recently utilized quite successfully by BRAA and the City of Eagan during the development of Eagan's local water management plan. City staff agrees with the appointment of a task force. We plan to recommend appointment of several citizen members, representing various interest groups, to the City Council following receipt of the mailed questionnaire. In addition to their relatively innovative approach to citizen input /involvement in water management plan development, BRAA has a good history of service to municipal clients in the Metro area, and extensive experience with coordination with Watershed Commissions. Also, BRAA advocates the use of "peer review ", a process which gives an opportunity for an independent group of water management professionals to critique the proposed plan at a point when the plan is 70 to 80% completed. We find this to be an excellent idea, which will benefit the City by providing a well rounded plan. Proposed Professional. Services Contract Based on the recommendation of the selection committee, the City Engineer and Director of Public Works have negotiated a proposed contract with the firm Bonestroo Rosene Anderlik & Associates, Inc. (BRAA). The contract is presented to the City Council for consideration at the meeting of January 27, 1992. 4 A draft copy of the proposed contract for professional services is attached to this report for rr ference. The contract provides for hourly compensation for Phase I services, with a total not -to- exceed $83,818. As previously mentioned in this report, we had estimated last November that each phase of the plan would cost approximately $75,000, however the not -to- exceed value proposed by BRAA for Phase I is virtually in the middle of the range ($70,600 to $98,800) proposed by the consultants who were initially contacted. In any event, we don't view this proposed value as being necessarily high in light of the fact that BRAA's estimate for Phase II is approximately $60,000, and when combined with the proposed Phase I contract still provides for a total plan development cost less than the $150,000 which was originally budgeted by the City. Other important elements of the contract include preparation of a detailed work plan and project schedule, "kick -off" meeting with City Staff and Consultant's project team, Progress /Budget reviews at the 50 %, 70% and 90% completion points, and as required in the Request for Proposals a separate report regarding the identified problems in the 63rd /65th Avenues drainage area. Submitted By: Approved By: jz ,,�i?'< Mark J. Maloney Sy Krt' p City Engineer Director of Public Works 5 CITY OF BROOKLYN CENTER WATER AIANAGEMENT PLAN Pre - Proposal Meeting November 27, 1991 Brooklyn Center City Hall AGENDA Welcome & Introduction of Citv Staff Distribution of Materials • Local Plan Preparation Guidelines • City -wide Storm Sewer System Map, V= 1000' • Sample Storm Sewer Map, 1 " = 300' Plan Overview • Phase I - Inventory and Problem Identification - establishment of work plan, budgets, etc. - data collection & open forum /public info. meetings - inventory of water resource data - model of existing conditions - problem identification and prioritization - scoping of Phase II - 63rd /65th Ave. area analysis /model • Phase II - Plan Formulation - Review of Potential Solutions, Analysis, Plan Preparation, Financial Analysis Q uestions CITY OF BROOKLYN CENTER WATER MANAGEMENT PLAN PROPOSAL RATING SUMMARY MAXIMUM POINTS r POINTS BUDGET CONSIDERATIONS AWARDED I COMMENTS ESTIMATED PHASE I COST ESTIMATED PHASE it COST 1. COST/ BENEFIT EVALUATION 20 2. IDENTIFICATION OF POTENTIAL COST SAVINGS OR ADDITIONAL BENEFITS 10 TO CITY TE CHNICAL CONSIDERATIONS 3. CONSULTANT'S UNDERSTANDING OF SCOPE OF WORK (GENERAL) 10 4, APPROACH TO WATER QUALITY ISSUES 10 5. IDENTIFICATION OF COMPUTER MODEL 10 6. RECOGNITION OF 63RD /65TH AVENUES AREA PRIORITY 10 7. OVERALL QUALITY OF PROPOSAL 10 MANAGEMENT /ADMINISTRATION CONSIDERATION 8. IDENTIFICATION AND QUALIFICATION OF PROJECT MANAGEMENT 10 9. EXPERIENCE WITH AGENCIES (EPA,DNR,BWSR) AND APPROVALS 10 10. RECENT EXPERIENCE WITH SIMILAR PLANS /CLIENTS 10 11. "TEAM" PHILOSOPHY, CITY, PUBLIC INVOLVEMENT WELL DEFINED? 10 12. OTHER (IDENTIFY) 10 TOTAL 130 MAX. CITY OF BROOKLYN CENTER WATER MANAGEMENT PLAN PROPOSAL RATING SUMMARY MAXIMUM WESTWOOD /l POINTS BARR BRA OSM SEH TKDA IWENCK SELECTION COMMITTEE MEMBER A 130 96 107 84 106 68 48 RANK 3 1 4 2 5 6 i SELECTION COMMITTEE MEMBER B 130 113 102 121 119 115 98 RANK 4 5 - 1 2_ 3 6 I SELECTION COMMITTEE MEMBER C 130 55 85 86 102 51 76 RANK 5 3 2 1 6 1 4 AVERAGE SCORE 88 98 97 109 78 74 AVERAGE RANK 4.0 3.0 2.3 1.7 4.7 5.3 BROOKLYN CENTER CONSULTANT SELECTION EVALUATION FORM for the development of a Local Water Management Plan CONSULTANT DATE /TIME Max Point Point Evaluation Criteria Assignment Rating A. Characteristics of Firm 1. Capability /History of meeting schedules 5 2. Capability /History of meeting budget commitments 10 3. Experience with similar projects 5 4. Citizen participation skills /experience 10 B. Project Management Overall Project Manager. 1. Mgr. /Adm. skills & experience 5 2. Ability/Commitment t y t to direct team 5 3. Communication/Listening/Leadership g P Hydrologic, Modeling Staff 4. Knowledge, skills and abilities 3 5. Experience on similar projects 3 Storm Sewer Design Staff 6. Knowledge, skills and abilities 3 7. Experience 3 Water Quality Staff 8. Knowledge, skills and abilities 3 9. Experience 3 C. Work Plan 1. Approach to project management /administration 10 2. Understanding of issues, concerns and objectives 10 3. Imagination/ Ingenuity 10 D. Overall Interview 1. Was presentation objective and understandable? 5 2. Were responses to questions direct, clear and credible? 5 3. Was consultant's response to questions regarding fee structure 10 acceptable? 4. Was entire presentation and interview cohesive`? 10 118 Signed by Interview Board Member Page 4 CITY OF BROOKLYN CENTER 40 WATER MANAGEMENT PLAN INTERVIEW RATING SUMMARY MAXIMUM POINTS BRA OSM SEH SELECTION COMMITTEE MEMBER A 123 104 96 100 I RANK 1 3 2 SELECTION COMMITTEE MEMBER B 123 116 112 119 RANK 2 3 1 SELECTION COMMITTEE MEMBER C 123 113 95 107 RANK 1 3 2 AVERAGE SCORE 111 101 108.67 AVERAGE RANK 1.33 3.00 1.67 4 PROFESSIONAL SERVICES AGREEMENT Between =+f Y CITY OF BROOKLYN CENTER, MINNESOTA And BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. For WATER MANAGEMENT PLAN THIS AGREEMENT, effective on this day of , 19 , between the City of Brooklyn Center, Minnesota, hereinafter called the City, and Bonestroo, Rosene, Anderlik and Associates, Inc., hereinafter called the Engineer; WITNESSETH: In consideration of their mutual covenants expressed herein and with respect to the provision of professional services by the Engineer and the payment for those services by the City, the parties agree as set forth below. SECTION 1. ENGINEER'S SERVICES Services to be performed by the Engineer are described in Appendix "B" to this Agreement entitled "Brooklyn Center Water Management Plan (WMP), Phase I, Scope of Services Summary." SECTION 2. CITY RESPONSIBILITIES The City will: 2.1. Provide full information as to its requirements for the Study. 2.2. Place at Engineer's disposal all information in the possession of or readily available to the City that is pertinent to the Study including City base maps, contour mapping, utility mapping, storm sewer maps, land -use maps, wetlands mapping, reports and other data helpful to the conduct of the Study. 2.3. Provide access to the Study area and make all provisions for the Engineer to enter upon public and private lands as required by the Engineer and as allowed by law to perform its services under this Agreement. 2.4. Examine all studies, reports, sketches, opinions of probable construction costs, drawings, and other documents presented by the Engineer and promptly render its decisions pertaining thereto. -1- 2.5. Designate a single person to act as the City's Representative with respect to the Engineer's service to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies and decisions with respect to the Engineer's services, subject to City Council approval when required by law, ordinance, regulation, or policy. 2.6. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of: 1) Any development that affects the scope and /or timing of the Engineer's services, or 2) Any defect in the Study. 2.7. Furnish, or instruct the Engineer to provide at the City's expense, any necessary Additional Services as may be required or recommended by the Engineer and authorized by the City. 2.8. Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards with which the City shall require the Engineer to comply in the performance of the Study. SECTION 3. COMPENSATION FOR ENGINEERING SERVICES 3.1. For services performed under Appendix "B," the Engineer shall be compensated on an hourly basis and for direct costs specific to the Study -- "Reimbursable Expenses." Hourly rates for the various labor categories are updated annually; those for 1992 are shown in Appendix "A," Hourly Billing Rates. These rates are adjusted annually in accordance with the Engineer's normal expense review procedures. 3.2. In any event, Engineer shall perform and provide all services outlined in Appendix "B." The total compensation for services outlined in Appendix "B" including reimbursable expenses may not exceed $83,818 without a written amendment to this Agreement. 3.3. Reimbursable Expenses shall be invoiced at cost and include, but are not limited to, the costs of travel, materials, printing and reproduction, supplies, and other project- specific costs. 3.4. Any Additional Services authorized by the City and provided by the Engineer will be compensated on an hourly basis plus reimbursable expenses, in accordance with Appendix "A." These additional services could include but are not limited to: 1) Surveying and contour mapping 2) Sampling and monitoring of water bodies 3) Work on Phase II of the Water Management Plan. 0 -2- 3.5. If any work performed by the Engineer is suspended in whole or in part by the City, the Engineer shall be paid for costs and services performed prior to receipt of written notice from the City of such suspension. The Engineer shall also be paid for any terminal expenses, as defined below, resulting therefrom in accordance with the attached Appendix "A." 3.6. Sums due under this Paragraph will be invoiced monthly during the progress of the Study. Each properly documented and authorized payment due the Engineer from the City shall be made within 30 days after City receipt of the Engineer's invoice. SECTION 4. GENERAL CONSIDERATIONS 4.1. The Engineer shall act as the City's agent only as provided for within this Agreement. 4.2. The Engineer will perform the Study in a timely manner, but it is hereby agreed that the Engineer cannot be held responsible for delays occasioned by factors which are beyond its control, or by factors which could not reasonably have been foreseen at the time this Agreement was prepared and executed. Engineer shall complete its performance hereunder within nine months after receipt of written notice to proceed. 4.3. Terms of this Agreement may be changed by mutual agreement of the City and the Engineer. Such changes shall be approved by both parties and incorporated in written amendments to this Agreement. 4.4. The Engineer shall not subcontract any services under this Agreement without the written consent of the City, which shall not be unreasonably withheld. 4.5. Insurance The Engineer agrees to maintain professional liability insurance with an insurance company in good standing, insuring payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Engineer, if such legal liability is caused by error, omission, or negligent act of the insured or of any person of organization for whom the insured is legally liable and responsible, in the sum of not less than $1,000,000 annual aggregate, on a claims -made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. Such insurance cannot be cancelled until thirty days after the City has received written notice of the insured's intention to cancel the insurance. 4.6. Termination 4.6.1. The City or the Engineer may terminate this Agreement if the other party is in default under the terms of this Agreement. -3- The party effecting termination shall so notify the other party, specifying the default, and termination will become effective 14 calendar days after receipt of the termination notice. 4.6.2. Irrespective of which party shall effect termination, the City shall, within 30 calendar days of termination, remunerate the Engineer for services rendered and costs incurred, in accordance with Schedule "A." 4.6.3. Services shall include those rendered up to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, etc. Costs shall include those incurred up to the time of termination, as well as those associated with termination and post - termination activities. 4.7. Dispute Resolution 4.7.1. Unless the City and the Engineer mutually agree otherwise, all claims, disputes, and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the then -most current rules of the American Arbitration Association. 4.7.2. The arbitration decision shall be final and binding on the parties. Pending final decision of a dispute hereunder, the i Engineer shall proceed diligently with performance of its responsibilities under this Agreement. 4.8. Ownership of Instruments of Service 5.8.1. The City acknowledges that the Engineer's reports, plans, field data, field notes, mapping, computer models, calculations, estimates and other similar documents are instruments of service, not products. 5.8.2. Upon final payment of the contractual compensation to the Engineer, the City shall retain ownership of the computer models and mapping relating to said Study, for City purposes only. In the event of any use or adaptation by the City after termination of the Study whereby the models and mapping are revised, altered or otherwise modified by anyone other than the Engineer, City agrees to defend and indemnify the Engineer from any claims, damages, costs or expenses (including reasonable attorney's fees) arising out of any defect or deficiency in the modified models or mapping or in a project constructed pursuant to them. *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** i -4- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. By Marvin L. Sorvala, President CITY OF BROOKLYN CENTER, MINNESOTA By Todd Paulson, Mayor And By Gerald Splinter, Manager Date -5- Appendix "A" 1992 Billin g Rate Schedule Labor Classification hourly Rate Senior Principal $77.75 Principal / Project Manager 67.50 Registered Engineer /Architect 58.50 Project Engineer /Architect 52.00 Graduate Engineer /Architect /Field Supervisor 46.50 Senior Draftsperson 42.75 Senior Technician 39.50 Technician 27.50 Word Processor 28.25 Clerical / Printing 21.75 These rates are adjusted annually at the first of the year in accordance with the normal expense review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. Reimbursable Expenses • Reproduction, printing, duplicating • Out -of- pocket expenses such as field supplies, telephone calls, etc. • Mileage -6- APPENDIX B BROOKLYN CENTER WATER MANAGEMENT PLAN PHASE I SCOPE OF SERVICES SUMMARY A. Project Management 1. Prepare a detailed work plan for Phase I of the project, including a detailed project schedule. 2. Meeting between the consultant project manager and City staff to review the work plan and schedule. 3. Kickoff meeting between the consultant's project team with City staff to review the planning process. 4. Preparation of monthly invoice and status reports, including a description of work progress and associated budget and anticipated work in the upcoming month. Progress/budget review at 50 %, 70% and 90% billings of contract amount. 5. Monthly meetings between the consultant project manager and City staff. 6. Conduct Task Force meetings (5 total). Task Force to be selected by City of Brooklyn Center with input from the Project Manager. 7. Conduct one four hour Peer Review Meeting at 70 -80% completion level. Peer Review Committee to consist of 3 -4 peers selected by the City of Brooklyn Center. B. Data Collection Collection of existing data by: 1) a meeting with City staff to supply available City information; 2) independent contact with other agencies; and 3) two open forum /informational hearings with the public, to solicit information on water management and planning. Types of data to be collected are listed below. A memoranda describing the data collection process and its success shall be prepared. The City of Brooklyn Center shall be furnished an organized copy of all new data. Page 1. Gen.Brklnctr.wp5 1. Stormwater Management • Previous stormwater studies of the City r significant portions of the City tY g P • Brooklyn Center Comprehensive Plan • Capital Improvement Program • Existing and proposed land use maps • Precipitation frequency- duration data • Plans and applicable guidelines of the Shingle Creek and West Mississippi Water Management Commissions • Soils maps of Hennepin County • Miscellaneous stormwater drainage studies • Most recent topographic maps • USGS stream gaging data of water bodies affecting Brooklyn Center • Relevant rules and policies of the City of Brooklyn Center, the Minnesota Department of Natural Resources, the U.S. EPA, the St. Paul District Corps of Engineers, and the U.S. Fish and Wildlife Service • As -built information and independent survey data from developments and storm sewer projects as supplied by the City of Brooklyn Center 2. Floodplain Management • Federal flood insurance studies • Delineation of any existing floodplain boundaries • Listing of known floodprone structures • City floodplain ordinance • City policies regarding floodplain use and development 3. Shoreland Management • Minnesota DNR Management Classification of protected public waters within the City • Minnesota DNR Shoreland zoning requirements, including frontage and lot sizes • Existing City zoning ordinances, including frontage and lot sizes for development typical within the potential shoreland areas of the City • Inventory of existing lot sizes and frontage for major lakes in the City 4. Water Quality • Existing water quality data collected within the City as well as water quality data of immediate upstream water bodies for incorporation into water quality modeling of the City • Identified individuals, lake associations, and other organizations interested in 0 water quality and a description of data, if any, collected by these groups Page 2. • Information on the type and effectiveness of water quality education efforts conducted in the City in the past • City ordinances and policies regarding water quality impacts of projects • Locations of discharges authorized by NPDES or SDS permit programs and recent records of such discharges • Locations of past and present landfills, dumps, and waste disposal sites identified by the City or the Minnesota Pollution Control Agency 5. Erosion and Sedimentation Control • "Erosion and Sediment Control Manual' prepared by the Hennepin Conservation District • Existing rules and regulations of City of Brooklyn Center • Inventory of existing system 6. Stormwater Treatment • Plans of existing stormwater treatment basins and tributary watershed areas 7. Wetland Management • Relevant rules and policies of the Minnesota Department of Natural Resources, the U.S. EPA, the St. Paul District Corps of Engineers, and the U.S. Fish and Wildlife Service • Minnesota DNR protected waters inventory • U.S. Fish and Wildlife Service National Wetland Inventory maps • Other wetlands information and maps pertaining to the City • City ordinances and policies regarding wetland use and development 8. Groundwater Protection • Inventory of existing problems and groundwater resources • Locations of City wells • Location of MDNR- permitted withdrawals 9. Financing • Existing sources of funding for water - related programs • Review of past expenditures relating to water management • Potential sources of revenue beyond those already in existence Page 3. C. Goals and Policies Working with the Task Force develop goals, policies and criteria to serve as a basis for the plan in the following categories: Stormwater Management Floodplain Management Shoreline Management Water Quality Erosion and Sediment Control Wetland Management Groundwater Protection Financing D. Inventory of Water Resources Data Tabulate the data collected previously and provide a summary of possible information as to the present status and possible trends of water resources in the City of Brooklyn Center area. This tabulation shall address each of the nine main topics under consideration: 1. Stormwater Management • A base map of the City, including all streets, highways, storm sewers, and major watercourses (City to provide digital base map) • Projection of probable development within the study area in the coming 20 years based past comprehensive planning of the City (City to provide planning data) • A map of major past flooding problems within the City and identified floodprone areas and homes, including a brief synopsis of flooding problems at each location • Tabulation of types of existing data collected in Task B -1 and interpretation of their impact on the City and the stormwater management plan 2. Floodplain Management • A base map of previously delineated floodplain boundaries in DXF format for overlay with the City's storm sewer map (City to provide digital storm sewer map) • Location of floodprone structures on the floodplain map • Description of past floods in the City and damage associated with those events Page 4. 3. Shoreland Management • A base map of DNR- protected and non - protected waters in DXF format for overlay with the City's base map • A discussion of the DNR shoreland zoning requirements, a tabulation of the areas which would be regulated by the adoption of a shoreland zoning ordinance and a discussion of the impacts of regulations on development in the City 4. Water Ouality • Description of existing City policies and controls regarding water quality • Tabulation of existing water quality of lakes, streams, and wetlands within the City • Tabulation of existing uses of lakes, streams, and wetlands within the City and the water quality parameters associated with each of these uses 5. Erosion and Sedimentation Control • Tabulation of existing erosion and sedimentation control practices • A base map of identified erosion and sedimentation problem areas, in DXF format 6. Stormwater Treatment • Tabulation of existing water bodies as to their function in treatment of stormwater. 7. Wetland Management • Tabulation of wildlife and aesthetic values of identified wetlands based upon la modification of "The Minnesota Wetland Evaluation Methodology" prepared by the U.S. Army Corps of Engineers 8. Groundwater Protection • Tabulation of data collected in Task B -8 9. Financine • Tabulation of data collected in Task B -9 Output from this task will be a report containing the required items. This report will be a draft form of the initial chapters of the final water management plan. Page 5. E. Modeling of Existing Conditions Construct model(s) of water quality and quantity for stormwater conveyance and lake systems within the City of Brooklyn Center. The model(s) shall incorporate the hydrologic characteristics of all water bodies identified in either U.S. Fish and Wildlife Service NWI maps or the MDNR Protected Waters Inventory, as well as any stormwater ponds, previously constructed as part of the City's stormwater management system. The stormwater and water quality models shall be approved by the City before modeling is initiated. The water quality modeling shall determine the effectiveness of the existing stormwater system to remove nutrients and the corresponding response of Twin and Palmer Lakes to stormwater treatment. The modeling process shall involve the following activities: • Delineation of subwatersheds for each water body • Determination of subwatershed area and slope • Identification of land use (including water bodies) within each subwatershed (existing and ultimate) • Determination of extent of impervious areas in each subwatershed • Identification of storage areas and determination of, the elevation /discharge /storage relationships for each storage area • Determination of existing storm water runoff rates and flood elevations (based upon existing and ultimate land use) for the critical 2, 50- and 100 year frequency events • Analysis of storm sewer systems to provide adequate capacity for the 5 year event for laterals and analysis of retention basins and trunk storm sewers (30" diameter and larger) for the critical 100 year event • Determination of phosphorus and suspended sediment runoff and modeling of removal efficiency of each wetland or stormwater basin • Determination of annual pollutant loading to major lakes within the City • Determination of annual phosphorus budget of major lakes within the City • Analysis of the effectiveness of existing stormwater treatment facilities to enhance water quality • Determination of potential water quality improvements • Calibration of model results or a check using an alternative method • Rerun of existing condition model to reflect future redevelopment conditions through 2010 • Annual phosphorus budget of major lakes indicating relative source of nutrients Task output shall include: • Five (5) copies of a draft technical report • Map of systems showing watershed divides, storage areas, flood levels and flow rates for each subwatershed • Narrative describing flooding or other problems detected for each subwatershed Page 6. F. Problem Identification and Prioritization Prepare a description of existing water - related problems within the City of Brooklyn Center, including a prediction of the extent of the problem in terms of financial losses and the number of persons affected. Group problems in the following categories: 1. Stormwater Management 2. Floodplain Management 3. Shoreland Management 4. Water Quality 5. Erosion and Sedimentation Control 6. Stormwater Treatment 7. Wetland Management 8. Groundwater Protection 9. Financing Revise document after City review, provide copies for City Council, meet with City Council and Staff to establish priorities, and rank identified problems. G. Scoping of Phase II Review scope of work and identify issues to be added or deleted and the relative cost. Provide suggested Phase II scope to the City. Provide the following items to the City: • Draft of Chapter l: Inventory of Water Resources Data • Draft of Chapter 2: Hydrologic Model, Water Quality and Quality Problems • Draft of Chapter 3: Water Problems and Ranking • Copies of models and training (8 hours) of City Staff (City to purchase software directly) H. Public Education Program Develop a Public Education Program to incorporate the following: • Initial City wide questionnaire (City to mail) • General Public Education (See Task B) Initial public meeting - data gathering, explanation of study Second public meeting - information for residents • Subwatershed Directed Mailings Identify specific subwatershed problems and prepare direct mailings (5 each) Provide City with copy of underwater video tape of Twin Lakes and Palmer Lake • Articles for City newsletter (3 each) Page 7. I - 63rd /65th Avenue Report ) P P � copies) 10 report re arate are - separate co on the area between 63rd /65th Avenue from Brooklyn Boulevard to Perry Avenue to incorporate the following: • Identification of existing problems • Identification of solutions including storm sewer improvements, redirecting flow, ponding and flood proofing • Alternative evaluations according to cost, effectiveness, reliability and political . and legal implications Page 8. Gen.Brklnctr.wp5 0 0 0 City of Brooklyn Center Water Management Plan Update: 06- Dec -91 Labor Hours Estimate- -Phase I Labor Robert Ismael Steven Frank Bruce Keith Word Total Cost Task Schunicht Martinez McComas Svoboda Rehwaldt Yapp Drafting Processor Hours (Estimate ( I. Inventory and Problem Identification ( A. Project Management 8 40 20 68 ( $3,887 B. Data Collection 2 8 16 10 10 60 20 126 ( 6,837 C. DEVELOPMENT OF GOALS AND POLICIES 4 8 8 40 10 70 ( 3,942 D. Inventory of Water Resources Data 2 8 8 40 40 80 240 20 438 ( 21,189 E. Modeling of Existing Conditions 40 56 280 120 10 506 ( 27,769 F. Problem Identification and Prioritization 4 20 16 40 10 90 ( 5,220 G. Scoping of Phase II 4 10 8 10 5 37 ( 2,180 H. PUBLIC EDUCATION PROGRAM 8 24 24 40 20 10 126 ( 7,124 I. 63rd /65th Avenue Storm Sewer Analysis 2 8 40 20 10 80 ( 4,173 ( SUBTOTALS, PHASE 1 34 166 136 50 50 590 400 115 1,541 ( $82,318 City of Brooklyn Center Water Management Plan Updates 06- Dec -91 Estimated Labor Costs - -Phase I Hourly Labor Category Hours Rate Amount Robert Schunicht, P.E. -- Principal In Charge 34 $77.75 $2,644 Ismael Martinez, P.E. -- Project Manager 166 67.50 11,205 Steven McComas, P.E. -- Environmental Scientist 136 58.50 7,956 Frank Svoboda -- Certified Wetlands Biologist 50 50.00 2,500 Bruce Rehwaldt, P.E.- -Staff Geologist 50 63.00 3,150 Keith Yapp, P.E. -- Project Engineer 590 58.50 34,515 Drafting 400 42.75 17,100 Word Processor 115 28.25 3,249 SUBTOTALS, PHASE I LABOR 1,541 Hours $82,318 Estimated Expenses- -Phase I Printing and Reproductions $1,500 ESTIMATED TOTAL COST, PHASE I $83,818 City of Brooklyn Center WATER MANAGEMENT PLAN - PHASE 1 PROJECT SCHEDULE 1992 PHASE I. INVENTORY AND PROBLEM IDENTIFICATION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC A. Project Management B. Data Collection C. Development of Goals and Policies D. Invento of Water Resources Data E. Modeling of Existing Conditions F. Problem Identification and Prioritization G. Scoping of Phase II H. Public Education Program 1,2 3 1 4 1,3,4 1,4,5 1 I. 63rd 65th Avenue Storm Sewer Analysis * Progress /Budget Review PUBLIC EDUCATION PROGRAM 1. Task Force Meetings 2. Questionaire 3. Open Meetings 4. Newsletter Articles 5. Mailings J1 Boestroo ® Aoan ene Anderllk & Associates Engirmem a Arahitocts OIL ftut Nllrauk" 91046SCH CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request from American Little League for use of land in Garden City Park DEPT. APPROV : t Arnie Mavis, Director of Recreation MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached At the November meeting of the Park and Recreation Commission Les Thurs, President of the American Ittle League requested the use of the land at the south end of Garden City Park for another little league iield. At present, the land they are requesting is a soccer /football field which is used very little, if at all. The Park and Recreation Commission is recommending the city council honor this request. The Park and Recreation Department agrees with this recommendation. The reason for needing another field is that one of the two fields little league owns is being flooded out nearly every year. With the increased number of youth in the program and thus more teams, it is almost impossible to make up postponed games. In addition, a third field that is used is owned by the Brookdale Christian Center Assembly of God church and this field could be lost at any time; thus compounding their scheduling problems. RECOMMENDED CITY COUNCIL ACTION I would recommend to the city council they direct the Park and Recreation Commission to have a neighborhood meeting at their February meeting, and then come back to the council with a final recommendation. CITY OF BROOKLYN CENTER Council Meeting Date 1/27/92 Agenda Item Number (2i REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: RFP FOR EXECUTIVE COMPENSATION STUDY DEPT. APPROVAL: Geralyn R. Ifa one, Personnel Coordinator MANAGER'S REVIEW /RECON ENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) On January 13, 1992, the city council first reviewed the RFP for a compensation study of executive • positions. Because of several concerns raised at this council meeting, further discussion of the RFP was tabled to the January 27 meeting. Attached is the original RFP dated January 13, 1992, as well as a revision dated January 27, 1992. The revised copy includes clarification of item A in the compensation study objectives section of the RFP; the addition of job descriptions as an item in B in the scope of work section; and the addition of a new item D.4 in the same section. Hopefully these changes will clarify and eliminate any concerns the city council might have regarding the RFP. RECOMMENDED CITY COUNCIL ACTION Review /discuss /approve /modify /reject the RFP for the executive compensation study. • CITY OF BROOKLYN CENTER REQUEST FOR PROPOSAL COMPENSATION STUDY OF EXECUTIVE POSITIONS January 13, 1992 PROJECT Development and conduct of a compensation study of City of Brooklyn Center executive positions, with a confirmation of existing compensation levels or recommendations for any changes to these levels. BACKGROUND The Brooklyn Center city council is concerned about the appropriateness of the compensation levels of its executive employees, particularly in comparison to what the market pays for positions of similar responsibility and scope in other jurisdictions. The city council wishes to examine these comparisons and make changes if deemed necessary. Such changes must be made with the intent of maintaining compliance with existing laws i including, but not limited to, the Minnesota Pay Equity Act, the Minnesota Human Rights Act, ! the Federal Fair Labor Standards Act, federal EEOC laws, and federal civil rights laws. The executive positions in the City of Brooklyn Center are as follows: city manager, director of public works, director of finance /city treasurer, chief of police, director of recreation, director of planning and inspection, fire chief, city assessor, and liquor stores manager. COMPENSATION STUDY OBJECTIVES A. To identify the "market" for comparing executive positions by determining which public, private, and not - for - profit sector employers have positions with similar responsibilities, scope, qualifications, and experience. B. To obtain detailed market data and compare it to City of Brooklyn Center data. C. To confirm or recommend compensation levels and ranges for executive positions based on the market data collected and internal comparisons while maintaining compliance with existing laws. D. To recommend a performance review system for executive employees. SCOPE OF WORK Your proposal should include a complete work plan to address each of the action items included in the following study components: A. PROJECT PLANNING AND MANAGEMENT 1. Describe the planning and management structure recommended by the consultant to manage and conduct the compensation study. 2. Develop a work plan and project an estimated timetable for initiation and completion of this study. The format for such a work plan is left to the discretion of the consultant, but should include mention of the major work tasks to be performed as part of each study component, accountability for each component, and a projected timetable for completion. Indicate the projected number of work days from start to end of the study. 3. Describe what assistance from the City of Brooklyn Center will be required to complete the study. B. COMPARISON DATA FOR EACH POSITION Identify and collect comparison data that will be similar to Brooklyn Center executive positions in the following ways from similar jurisdictions and, where appropriate, from similar private and not - for - profit employers. 1. Duties and responsibilities. 2. Scope related to number of divisions and employees supervised. 3. Minimum qualifications required to perform a job. 4. Minimum experience required to perform a job. 5. Average tenure in a position. C. COMPENSATION DATA TO COLLECT As part of the compensation analysis, the following data will be collected from the comparison employers. 1. Annual wage ranges. 2. Actual annual wages. 3. Eligibility /noneligibility for overtime compensation (comparability of exempt and nonexempt positions). 4. Eligibility for and use of compensatory time. 5. Other compensation including, but not limited to, longevity pay, insurance, vehicle allowance, and leave benefits. D. REPORTING FORMAT 1. Generate comparison data for each executive position. 2. Confirm or recommend compensation levels, including salary ranges, for each executive position. 3. Recommend a performance review system for executive employees. 4. Make an oral report to the city council of your findings. COSTS The response to the RFP must include projected costs for each of the tasks listed in the Scope of Work section. These estimates must include amount of staff hours and hourly rates. OTHER REQUIREMENTS The following requirements must also be met. A. Complete proposals must be received by the following contact person no later than 4:30 p.m. on Friday, February 14, 1992: Geralyn R. Barone Personnel Coordinator City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (612)569 -3300 B. Proposals must include three references, which will include company names, addresses, phone numbers, and specific contact people. C. Proposals must identify the names of those individuals from the consulting firm who will work on this project. A brief professional background should be included for each person. CITY OF BROOKLYN CENTER REQUEST FOR PROPOSAL COMPENSATION STUDY OF EXECUTIVE POSITIONS January 27, 1992 PROJECT Development and conduct of a compensation study of City of Brooklyn Center executive positions, with a confirmation of existing compensation levels or recommendations for any changes to these levels. BACKGROUND The Brooklyn Center city council is concerned about the appropriateness of the compensation levels of its executive employees, particularly in comparison to what the market pays for positions of similar responsibility and scope in other jurisdictions. The city council wishes to examine these comparisons and make changes if deemed necessary. Such changes must be made with the intent of maintaining compliance with existing laws including, but not limited to, the Minnesota Pay Equity Act, the Minnesota Human Rights Act, the Federal Fair Labor Standards Act, federal EEOC laws, and federal civil rights laws. The executive positions in the City of Brooklyn Center are as follows: city manager, director of public works, director of finance /city treasurer, chief of police, director of recreation, director of planning and inspection, fire chief, city assessor, and liquor stores manager. COMPENSATION STUDY OBJECTIVES A. To identify the individual "market" for each executive position for comparison purposes by determining which public sector employers have positions with similar job descriptions, responsibilities, scope, qualifications, and experience. If comparisons in the private and not - for - profit sectors can be made, these too should be identified. B. To obtain detailed market data and compare it to City of Brooklyn Center data. C. To confirm or recommend compensation levels and ranges for executive positions based on the market data collected and internal comparisons while maintaining compliance with existing laws. D. To recommend a performance review system for executive employees. SCOPE OF WORK Your proposal should include a complete work plan to address each of the action items included in the following study components: A. PROJECT PLANNING AND MANAGEMENT 1. Describe the planning and management structure recommended by the consultant to manage and conduct the compensation study. 2. Develop a work plan and project an estimated timetable for initiation and completion of this study. The format for such a work plan is left to the discretion of the consultant, but should include mention of the major work tasks to be performed as part of each study component, accountability for each component, and a projected timetable for completion. Indicate the projected number of work days from start to end of the study. 3. Describe what assistance from the City of Brooklyn Center will be required to complete the study. B. COMPARISON DATA FOR EACH POSITION Identify and collect comparison data that will be similar to Brooklyn Center executive positions in the following ways from similar jurisdictions and, where appropriate, from similar private and not - for - profit employers. 1. Job descriptions. 2. Duties and responsibilities. 3. Scope related to number of divisions and employees supervised. 4. Minimum qualifications required to perform a job. 5. Minimum experience required to perform a job. 6. Average tenure in a position. C. COMPENSATION DATA TO COLLECT As part of the compensation analysis, the following data will be collected from the comparison employers. 1. Annual wage ranges. 2. Actual annual wages. 3. Eligibility /noneligibility for overtime compensation (comparability of exempt and nonexempt positions). 4. Eligibility for and use of compensatory time. 5. Other compensation including, but not limited to, longevity pay, insurance, vehicle allowance, and leave benefits. D. REPORTING FORMAT 1. Generate comparison data for each executive position. 2. Confirm or recommend compensation levels, including salary ranges, for each executive position. 3. Recommend a performance review system for executive employees. 4. Recommend an annual market compensation review process for executive positions. 5. Make an oral report to the city council of your findings. COSTS The response to the RFP must include projected costs for each of the tasks listed in the Scope of Work section. These estimates must include amount of staff hours and hourly rates. OTHER REQUIREMENTS The following requirements must also be met. A. Complete proposals must be received by the following contact person no later than 4:30 p.m. on Friday, February 28, 1992: Geralyn R. Barone Personnel Coordinator City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (612)569 -3300 B. Proposals must include three references, which will include company names, addresses, phone numbers, and specific contact people. C. Proposals must identify the names of those individuals from the consulting firm who will work on this project. A brief professional background should be included for each person. CITY OF BROOKLYN CENTER Council Meeting Date 1/27/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ADMINISTRATIVE TRAFFIC COMMITTEE REPORT AND RECOMMENDATIONS REGARDING PERSONAL INJURY LAWSUIT RELATING TO ACCIDENT AT BUS STOP DEPT. APPROVAL: Sy Knapp, I irector f Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The City recently reached a settlement with the plaintiff regarding a personal injury lawsuit relating to an accident at an MTC bus stop located in Brooklyn Center. While it is likely that a jury would have assigned only a fraction of the liability for the accident to the City, because of the particular circumstances and because of the doctrine of joint and several liability it is likely that the City could have been liable for a large share of the costs of a substantial jury award. As a result of this incident, the City's Administrative Traffic Committee has reviewed the City's policies regarding siting of MTC bus stops, and recommends that a policy change be made to reduce the City's liability should future accidents occur. Background In June, 1988, the plaintiff escorted his wife from their apartment in the Twin Lakes apartment complex on Bass Lake Road across the street to the MTC bus stop on the south side of Bass Lake Road, at the Brooklyn Center - Crystal line. When the plaintiff attempted to re -cross the street, he was struck by an eastbound vehicle. There is no marked crosswalk across Bass Lake Road at the bus stop. As a result of the accident, the plaintiff suffered permanent physical disability and loss of future income, The plaintiff filed suit against the cities of Brooklyn Center and Crystal, Hennepin County, MTC, and the driver of the car. At the initial hearing, the cases against the two cities were dismissed. On appeal, the case against Brooklyn Center was reinstated, and the case against MTC was • dismissed. The suit alleges that the bus stop was wrongfully sited, that Brooklyn Center and Hennepin County were negligent in approving that location for a bus stop, and the driver was negligent for driving inattentively. Our legal advisors are of the opinion that if this case went to a jury trial, the jury would probably assign the bulk of the liability to the driver of the car and to the plaintiff himself, with only a small percentage assigned to Brooklyn Center and Hennepin County. However, the driver of the car had only minimal insurance coverage, and the plaintiff has only limited means. The doctrine of joint and several liability applies in this case, and holds that in the event some of the defendants are unable to pay their share of damages, the other defendants can be required to pay a greater share than ordered by the jury, to make up the difference. It is likely that a large jury award would result in Brooklyn Center being required to pay a substantial amount of damages. Accordingly, our attorneys sought and obtained an out of court settlement with the plaintiff for $80,000. Hennepin County's case is still pending. Discussion It is MTC's policy to request cities to install bus stop signs. When such a request is received, we make a brief review to determine if there are any glaring faults with the proposed location, but do not conduct a detailed traffic analysis. Even if we were to study each proposed site more intensively, such an apparently straightforward analysis can have an element of subjectivity. In the case of this lawsuit, the City's traffic engineering expert conducted an extensive study and concluded that the bus stop site was acceptable; the plaintiff's expert conducted an equally extensive study and concluded it was marginally unacceptable. It is apparent from this lawsuit that the current installation policy leaves the city open to substantial liability. The Administrative Traffic Committee recommends that we in some form address our liability concerns with MTC. Two options that the ATC presents for consideration are: 1. All MTC bus stop signs installed by the City should be immediately removed. If MTC wishes to continue to have a bus stop at previously signed locations, MTC can reinstall the signs, at its peril. 2. Execute an agreement with MTC that holds the City harmless from any siting decisions. The Council may have additional suggestions which can be discussed with MTC. RECOMMENDED CITY COUNCIL ACTION Read the report, consider the options suggested by the Administrative Traffic Committee and suggest any additional options, and direct staff to work with MTC to further define options and come to a mutually acceptable agreement. CITY OF BROOKLYN CENTER council Meeting Date January 27. 1992 Agenda Item Number /a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: LEGISLATIVE UPDATE DEPT. APPROVAL: a Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION s NORTH METRO MAYORS ASSOCIATION 1992 TENTATIVE LEGISLATIVE AGENDA January 1, 1992 1. Transportation Funding a. Creation of a statewide stable transportation fund. Historically the legislature has dipped into the transportation fund to help i balance the budget. This has caused difficulties n the past, but the situation now is critical. The Department of Transportation is faced with a major shortfall in transportation dollars over the next several years. Dollars that are needed to maintain and meet future expansion of the system, e.g., road improvements, safety improvements, replacement of deficient bridges, and construction of new highways, etc. Projections indicate that by the year 2000, the State of Minnesota will not have sufficient funds to meet local match requirements for federally appropriated transportation dollars. A new statewide stable transportation fund needs to be created in order for the state to meet the transportation needs of its citizens in the '90's and beyond. Discussion with the Commissioner of Transportation and several key legislators regarding the possibility of enacting a .05 cent gasoline tax to be set aside specifically for transportation funding. b. Secure funding for Highway 610 - local match. The U.S. P Congress authorized expending S36,000.000.00 dollars for the g construction of the second stage of 610 Crosstown. The state will have to provide a local match of some $9,000,000.00. In order to achieve this objective the Commissioner will have to seek special legislation or secure such funds from an omnibus funding piece of legislation. The 610 Crosstown project must start within a four year period otherwise the $36 million dollars authorized 610 Crosstown could be used by the Commissioner elsewhere. Tax Increment Financing Our communities believe that the Tax Increment Financing law is in need of modification. We have been working with other communities throughout the state to develop an acceptable TIF bill that will correct some of the problems associated with the 1990 law. The Operating Committee and Board of Directors have not approved action yet on the proposed bill, but will consider the issue in February. One of the key areas of this proposed legislation is the removal of the penalty sections for cities that are doing TIF projects in the area of housing, redevelopment and /or manufacturing. Fiscal Disparities Most North Metro cities are dependent on the concept of revenue sharing that is contained in the present Fiscal Disparities Law. Hennepin County has been attempting to freeze the FD pool over the last number of years. Their proposal would have a devastating impact on the budget of most cities in the North Metro area, because their respective industrial /commercial tax base is so low. Local Government Aid/Local Government Trust Fund With the state once again faced with a shortfall, it appears that decision makers will be looking toward cities to give up more local governmental sid dollars. The issue . here is that cities have carefully managed their costs over the past ten years and are delivering essential services that have a base cost and cannot be further reduced without causing sever dislocation to citizens in terms of essential service needs. NMMA is working to convince elected officials that any further cuts in local governmental aid must be opposed. And that the North Metro area cities are treated fairly in any formula that allocates local goverment aid. State and Metropolitan Housing/Redevelopment Legislation NMMA recognizes that many of its 2nd and 3rd ring suburban communities are now experiencing many of the same social and community type issues that the inner core cities of Minneapolis and St. Paul have faced over the last ten to twenty years. Crime, unemployment, aging of housing stock and related demographic issues are all present in our cities today. Yet we do not have the tools available to combat these problems. We have put together a five city group that will seek legislation to help address some of these problems now. We cannot afford to wait. These problems have grown to such proportions that if we do not act now we will not be able to reverse their impacts in the very near future. DRAFT REPORT A PROPOSAL FOR A METROPOLITAN HOUSING REVITALIZATION FUND DEVELOPED BY THE HOUSING LEGISLATION WORK GROUP January 1992 Metropolitan Council Mears Park Centre, 230 East Fifth Street St. Paul, Minnesota 55101 i EXECUTIVE SUMMARY In June, 1990, Council Chair Steve Keefe, with Metropolitan Council approval, appointed a Regional Housing Task Force that was charged with "discussing and identifying the main housing problems facing the region in the 1990s and [recommending] adoption of regional policies, programs and legislation aimed at solving the identified problems." In January, 1991, the housing task force completed its work with the adoption of a report titled, Meeting the Region's Housing Needs in the 1990s: A Three -Part Proposal. In the course of its work, the task force identified a variety of housing needs and issues. Two paragraphs in the introduction to the task force report summarize the main issues: New construction in the developing suburbs attracts residents from older suburbs; vacancies in older suburbs attract residents from central cities, often leaving behind permanently vacant and deteriorating housing. Although such vacancies provide opportunities for redevelopment, they can also cause a financial burden for cities where they are located and can trigger large -scale abandonment in older neighborhoods. At the same time these market forces are occurring, certain kinds of housing needs continue to grow. Special segments of the population will place increasing demands on the housing market in the 1990s. For example, the region's minority population is growing much faster than the overall population. People in minority groups experience much higher poverty rates than do white people in the Metro Area. This signals a growing need for affordable housing and housing connected to a variety of support services. The Regional Housing Task Force recommendations were grouped under three main areas: additional funding or housing, new o1i d' g g policy erections to uide housing and neighborhood revitalization programs, and development of regional and local housing plans. In Julv, 1991, Metropolitan Council Chair Mary Anderson appointed a Housing Legislation Work Group or the purpose of refining the P P P g he Iegtslattve recommendations made by the Regional Housing Task Force and to develop a more specific proposal that could be converted into a housing legislation bill for the Metropolitan Council to introduce at the 1992 legislative session. Besides reviewing regional housing issues and need as earlier identified by the Regional Housing Task Force, the housing legislation work group looked at housing and neighborhood revitalization efforts that individual communities in the Metropolitan Area are involved in. Examination of figures provided by just a handful of communities provided an insight of the magnitude of the housing problem in the region: between $349 and $359 million annually for the next several years will be needed to address problems in Minneapolis, St. Paul, Bloomington, Brooklyn Center and Brooklyn Park; an additional $462 million is estimated by Richfield and Washington County as the dollars needed to implement their housing plans. With this added perspective on housing need, the work group set out to develop more specific 1 i recommendations to address the region's housing problems. Regarding additional funding to address identified housing problems, the task force report had listed two major mechanisms: Expansion of the Housing Trust Fund to continue to finance the growing housing needs (p. 34, second bullet; several revenue sources were identified). and Creation of a "regional housing fund" which could be tapped by local governments to promote limited redevelopment of deteriorated residential areas when other strategies or redevelopment tools cannot be used in a cost - effective manner (p. 34, third bullet). Using the above housing task force recommendations as guidance for its deliberations, the Housing Legislation Work Group developed and adopted the following funding proposals on December 4, 1991. METROPOLITAN HOUSING REVITALIZATION FUND Funding Sources - Options 1. The Metropolitan Council could seek specific authority from the Legislature to allow the Metropolitan HRA to issue housing bonds with the understanding those bonds would not be supported by property tax. 2. Create a mortgage registry surcharge in the metropolitan area that would yield million dollars. 3. A 10 percent surcharge on the interest and penalties for delinquent property taxes collected. 4. A percentage of the state's lottery receipts. Administration of the Fund The Metropolitan Housing Revitalization Fund would be governed by a board that would include a minimum of three members appointed by the Metropolitan Council. The balance of the board membership would include persons with background in the type of problems that the fund is set up to address, e.g. physical deterioration of housing in the central cities and older suburbs, socioeconomic problems at the neighborhood level, housing needs of ethnic and minority g roups as well as other special populations. The fund could be administered by the Minnesota Housing Finance Agency which already has in place the administrative mechanism to carry out this type of work. Program staffing and administration costs could be paid out by the fund. 2 ' Eligibility To access the fund a municipality would need to have a housing plan approved by its local governing body and reviewed by the Metropolitan Council. The plan, in turn, must responce needs adopted by the Council. A d to the regional housing plan and its relation to social service municipality could receive financial assistance from the fund to complete the housing plan. Without an approved plan, no fund activity could occur in the municipality. Local matching requirements and development of an allocation plan or entitlement approach would also need to be specified. Application for funds must be approved by the governing body with citizen input. Criteria and a point system will need to be developed and evaluated annually. The target population for this fund will be individuals and families with incomes no greate Of the median income adjusted for family size. r than 60 percent EXPANSION OF THE HOUSING TRUST FUND The Housing Trust Fund should be targeted to individuals and families at 30 percent of median and below and should be maintained as a state -wide program which is being well used in the metro area. There should also be an additional funding ource for the g Housing Trust Fund. A 10 percent surcharge on and penalties for delinquent property taxes collected in the -? S 12/12/91 (REVISOR ] HMW /MN 92 -3463 1 A bill for an act 2 relating to metropolitan government; limiting the 3 authority of the metropolitan council to authorize 4 issuance of bonds for sewer facilities; limiting the 5 authority of the public facilities authority to fund 6 certain sewer projects; amending Minnesota Statutes 7 1990, sections 446A.05, subdivision 1, and by adding a 8 subdivision; and 473.541, subdivisions 3, 4, and by 9 adding a subdivision. 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 11 Section 1. [POLICY STATEMENT.] 12 It is the policy of the state of Minnesota to provide 13 financing for sewer improvements by methods that do not 14 encourage urban sprawl or subsidize development by taxes or 15 other costs imposed upon persons livinq in developed areas. 16 Sec. 2. Minnesota Statutes 199.0, section 446A.05, 17 subdivision 1, is amended to read: 18 Subdivision 1. [LOANS AND LOAN PURCHASES.] Except as 19 limited by subdivision la, the authority may make and contract 20 to make loans to governmental units to finance projects that the 21 governmental unit may construct or acquire or may acquire or 22 contract to acquire notes and bonds issued by governmental units 23 to finance those projects. A loan may not be used to pay 24 current expenses or obligations, except for temporary 25 financing. A loan made by the authority must be secured by. 26 notes or bonds of the borrowing governmental unit. 27 Sec. 3. Minnesota Statutes 1990, section 446A.05, is 1 12/12/91 (REVISOR ] HMW /MN 92 -3463 1 amended by adding a subdivision to read: 2 Subd. la. [METROPOLITAN INTERCEPTORS.] The authority may 3 not make or contract to make loans to the metrcpolitan waste 4 control ==issicn, or to the metrcpolitan council for use by 5 the metropolitan waste control cc=—;ssien for interceptors `hat 6 would increase the sewer capacity outside the council - defined 7 fully developed area. 8 Sec. 4. Minnesota Statutes 1990, section 473.541, 9 subdivision 3, is amended to read: 10 Subd. 3. (GENERAL OBLIGATION BONDS.] Except as provided i. 11 subdivision. 5, the council may by resolution authorize the 12 issuance of general obligation bonds for the acquisition or 13 betterment of any interceptors or treatment works determined to 14 be necessary or desirable for the metropolitan disposal system, 15 or for the refunding of outstanding bonds, certificates of 16 indebtedness, or judgments. The council shall provide for the 17 issuance and sale and for the security of such bonds in the 18 manner provided in chapter 475, and shall have the same powers 19 and duties as a municipality issuing bonds under that law, 20 except that no election shall be required and the net debt 21 limitations in chapter 475 shall not apply to such bonds. The 22 council may also pledge for the payment of such bonds any. 23 revenues receivable under section 473.517. 24 Sec. 5. Minnesota Statutes 1990, section 473.541, 25 subdivision 4, is amended to read: 26 Subd. 4. (REVENUE BONDS.] (a) Except as provided in 27 subdivision 5, the council may, by resolution, authorize the 28 issuance of revenue bonds for any purpose for which general 29 obligation bonds may be issued under subdivision 3. The bonds 30 shall be sold, issued, and secured in the manner provided in 31 chapter 475 for bonds payable solely from revenues, except as 32 otherwise provided in this subdivision, and the council shall 33 have the same powers and duties as a municipality and its 34 governing body in bonds under that chapter. The bonds 35 shall be payable frcm and secured by a pledge of all or any part 36 of revenues receivable under section 473.517, shall not, and 2 12/12/91 (REVISOR ; HMW /MN 92 -3463 1 shall state they do not, represent or constitute a een.eral 2 obligation or debt of the council, and shall not be included in 3 the net debt of any city, county, or other subdivision of the 4 state for the purpose of any net debt limitation. The proceeds 5 of the bonds may be used to pay credit enhancement fees. 6 (b) The bonds may be secured by a bond resolution, or a 7 trust indenture entered into by the council with a corporate 8 trustee within or outside the state, which shall define the 9 revenues and bond proceeds pledged for the payment and security 10 of the bonds. The pledge shall be a valid charge on the 11 revenues received under section: 473.517. No mortgage of or 12 security interest in any tangible real•or personal property 13 shall be granted to the bondholders or the trustee, but they 14 shall have a valid security interest in the revenues and bond 15 proceeds received by the council and pledged to the payment of 16 the bonds as against the claims of all persons in tort, 17 contract, or otherwise, irrespective of whether such parties 18 have notice thereof and without possession or filing as provided 19 in the Uniform Commercial Code or any other law, subject, 20 however, to the richts of the holders of any general obligation 21 bonds issued under subdivision 3. In the bond resolution or 22 trust indenture, the council may make such covenants as it 23 determines to be reasonable for the protection of the 24 bondholders, including a covenant to issue general obligation 25 bonds to refund the revenue bonds if and to the extent required 26 to pay principal and interest on the bonds and to certify a 27 deficiency tax levy as provided in section 473.521, subdivision 28 4. 29 (c) Neither the council, nor any council member, officer, 30 employee, or agent of the council, nor any person executing the 31 bonds shall be liable personally on the bonds by reason of their 32 issuance. The bonds shall not be payable from nor a charge upon 33 any funds other than the revenues and bond proceeds pledged to 34 the payment thereof, nor shall the council be subject to any 35 liability thereon or have the power to obligate itself to pay or 36 to pay the bonds from funds other than the revenues and bond 3 12/12/91 (REVISOR ] HMW /MN 92 -3463 1 proceeds pledged, and no holder or holders of bonds shall ever 2 have the right to compel any exercise of the taxing power of the 3 council (except any deficiency tax levy the council covenants to 4 certify under section 473.521, subdivision, 4) or any other 5 public body, to the payment of principal of or interest on the 6 bonds, nor to enforce payment thereof against any property of 7 the council or other public body other than that expressly 8 pledged for the payment thereof. 9 Sec. 6. Minnesota Statutes 1990, section 473.541, is 10 amended by adding a subdivision to read: 11 — Subd. 5. [LIMITATION Or BONDING AUTHORITY.] The council 12 may not authorize the issuance of oeneral obliaatior. bonds or 13 revenue bonds or incur other debt for interceptors that would 14 increase the sewer system capacity outside the council - defined 15 fully developed area. 16 Sec. 7. (APPLICATION.] 17 This act applies to council authorized bonds or of ^.er debt 18 and public facilities authority loans or grants issued on or 19 after the effective date of this act. This act applies in the 20 counties of Anoka, Carver, Dakota, Henneoin, Ramsey, Scott, and 21 Washington. 4 Minutes of Meeting of Metropolitan Agencies Committee of January 8, 1992 1. Call to order. Chair Bill Barnhart called the meeting to order at 11:41 A.M. Others present were Kevin Batchelder, Phil Cohen, Craig Dawson, Jon Elam, Julian Empson, Gary Joselyn, Kevin Frazell, Ron Moorse, Brenda Thomas, Kurt Ulrich, Gene White and Roger Peterson (staff) and Vern Peterson (staff). Guests present were: Joan Archer, Minnesota Builders Association; Neil Haugerud, Mark Mahon, Lois Spear and Mark Thompson, MWCC; Janey Gohl, Anne Hurlburt and Marcel Jouseau; Met Council and John Pratt (Resident of Rep. Orfield's district). Rep. Myron Orfield was the guest speaker. 2. Minutes of September 25, 1991 meeting. Minutes were not considered. 3. Meeting Purpose. The Chair briefly explained the purpose of the meeting and noted the potential for divisions among metro cities. He explained that Rep. Orfield would be presenting his bill (HF 1778) and rationale for bill and that the discussion would be mostly limited to getting an understanding of the bill and a clarification of the background and data presented by Rep. Orfield. At the meeting of January 15, representative of the Met. Council and MWCC would be invited back to provide financial data, demographic informationn and metro policy implications relative to HF 1778. If time permits on January 15, the Committee will discuss and develop recommendations for AMM Board Consideration. 4. The Chair then introduced Rep. Myron Orfield for his presentation. Persons in attendance introduced themselves for the benefit of Mr. Orfield. A. Rep. Orfield noted the conditions in his area and other parts of Minneapolis and the inner ring suburbs which prompted him to propose his bill. - flight of young middle class families to outer ring suburbs. - people fleeing were being replaced by poorer older people. -spent time in Chicago which made him realize that the cores of all metropolitan areas were growing poorer, losing higher paying jobs and were deteriorating. - discovered that `by in large' nothing was being done anywhere to address this problem. - neighborhoods were growing less stable and crime rates were increasing dramatically. - noticed that the twin city metro developing area was spreading out quickly and the area density was decreasing rapidly. B. In doing investigation and background work for his bill, Mr. Orfield discovered many other trends which he found disturbing. - tremendous increase in the number of free lunches being provided in the core area school districts in recent years. The increase was as much as 200% in some inner ring suburban districts. - evidence of increasing poverty whipping out through inner ring suburbs. - almost all new good manufacturing jobs were being created in the developing areas.as opposed to the core. - property values increasing in developing areas quite rapidly and were actually decreasing in many inner ring suburbs. -70 plus additions containing about 18,000 acres to the MUSA in last 3 to 4 years (equal to size of San Francisco) Central city and inner ring suburbs were subsidizing sewer interceptor development in the much more affluent developing suburbs through the metro sewer financing system. (He said this amounted to about $100 per household unit but figure later disputed by a Mn4CC representative). C. Based on these conditions and trends, Rep. Orfield felt something had to be done to begin addressing the core area deterioration. His bill is a starting point at least and does two or three things in his opinion. -does not prohibit sewer interceptor expansion but mandates that those benefiting pay the costs. -stops the poor, deteriotating core area from subsidizing the more affluent developing area. -Would put this area's sewer financing on same basis as other metropolitan areas. 5. Question and answer period. During this discussion time, many issues, opinions and counter points were raised by committee members including the following: A. Restricting growth in developing areas will not solve the problems described by Rep. Orfield. B. When metro system was created, it absorbed the old system from Minneapolis and St. Paul and this part will be very costly to maintain/rehabilitate or replace. Such costs are financed on a regional basis. Also there was a buyout provision that was paid for on a regional basis. C. There are better and more direct ways to attack the `core' problems and concerns than through this bill. D. Forcing people to live where they do not want to will create many more social problems. E. Perhaps it would be more effective to form a legislative task force to deal with the specific problems of the inner core of this metro area. This would be much more direct than trying to address the problems through sewer restrictions. F. Through the SAC people in the developing areas in fact are paying for the interceptors that are built in the developing area. G. There are a lot of problems in the older development areas but the Legislature itself has been a major obstacle to cities trying to address these problems. i.e. cuts in LGA, levy limits, exportation of money from the metro area to greater Minnesota, etc. H. Curbing development will not respond to the real problems that this bill is intended to address. I. Through fiscal disparities, LGA formula's, income tax system, etc. there is a lot of revenue channelled to the core area that more than compensates for the sewer funding system. J. Curbing development in the metro area will probably cause more leap frogging into the counties bordering the metro area. K. Problems and concerns identified by Rep. Orfield are real and should be of concern to all metro area residents and cities but quicker and more direct solutions are needed to be effective. L. This bill may be mostly a philosophical statement because it does not really address the problems of the core and affluent people will still find ways to live where they want to live. M. Some areas added to MUSA at much lower densities than originally planned and there will be need for less sewer interceptor expansion than originally planned. NOTE: Rep. Orfield was given the opportunity to respond to each question raised by members of the committee. In most cases he did respond by repeating and /or emphasizing and expanding upon his previous statements and data presented. His responses are not presented here since the points raised by committee members and his responses are mostly opinion and were not proven one way or the other. 6. The meeting was adjourned at approximately 1:30 P.M. with the reminder that the next meeting was scheduled for Wednesday, January 15 at 1:30 A.M. Minutes: Metropolitan Agencies Committee, Jan. 15, 1992 1. Call to order. Chair Bill Barnhart called the meeting to order at about l 1:M a.m. Those attending were: Barnhart, Steve North, Ron Moorse, Brenda Thomas, Dudley MoyIan, Randall Graves, Kevin Batchelder, Kevin Frazell, Richard Enrooth, Jim Miller, Julian Empson, Craig Dawson, Gary Joselyn and Kurt Ulrich: guests Joan Archer for the developers association, Mark Mahon, Lois Spear, Neil Haugerud and Gordon Voss for MWCC, and Anne Hurlburt. Marcel Jouseau and Janey Gohl for Metropolitan Council, and AMM staff Vern Peterson, Roger Peterson and Nicole Debevec. 2. Minutes. M/S/P Thomas/Enrooth to approve the minutes as presented at the meeting. 3. Discussion of Rep. Myron Orfield's bill by representatives from the Metropolitan Council and the Metropolitan Waste Control Commission. Anne Hurlburt spoke of the philosophical aspects of Orfield's bill as the concern for the older urban areas and their situation as people move outward. Also pointed out that Orfield last year sponsored a bill that was approved and signed into law that directs Met Council to study fully developed areas regarding transit and transportation, wastewater treatment, housing and changing demographics. The study is slated to be completed in 1994 because it will rely on 1990 census information that isn't available yet. "We haven't really gotten into it yet," she said. She said Orfield's citing of 18,000 new acres included in the Urban Service Area translates to 28 square miles for a 4 percent increase in acreage to the Urban Service Area (from 2,841 square miles). She also pointed out that the region's population increased by about 15 percent, while jobs increased about 21 percent. Speaking to the specifics of the proposal, Hurlburt said as she reads it, the bill would prevent a subsidy of interceptors to developing areas by the fully developed areas; or, to put it another way, it would prevent growth. Jouseau said he hadn't read the bill, yet from what he understands there would be a number of problems: 1. It would prevent the council from providing funding as it has for the past 25 years. It the bill becomes law, the entity seeking the construction would be responsible for the funding itself to build a new system or tie in to the existing one. 2. Responsible entities would have to decide what type of sewer system they want, either connecting with an existing system or creating their own sewer districts. 2. The entities would have to decide how high a level of treatment they wish to achieve, and how much management they wish to have. Hurlburt pointed out that the bill also goes directly against current Met Council policy that does not support the stoppage of sewer expansion. If the Council no longer could provide bonding authority or get financing for sewer systems outside of fully developed areas, they would have to seek funding themselves, she said. Haugerud said he believes Orfield designed the bill on the assumption that additional development and additional flow creates greater costs. He said the majority of cost for building new plants is not for additional flow but to meet regulation Spear explained the funding s�S� tween developed and developing areas. The MWCC has spent about $I billion in capital expenditures. Most of the metropolitan plant work was for the fully developed area, or for meter station improvements in fully developed (52 percent), undeveloped (33 percent) or both (15 percent). Regarding treatment and interceptor financing, Spear said 70 percent of the S1 billion was spent for treatment: 62 percent in developed, 24 percent in undeveloped. 14 percent in other areas. Thirty percent was spent for interceptors, with 56 percent in undeveloped areas The SAC fees pay for the reserve (extra space) in the system. SAC pays about one -third of the debt service. She said to pay for the operating expenses in 1992, 62 percent comes from developed areas, which account for 62 percent of the flow. Voss said the growth component of costs is small, that the costs are driven by regulations. He said he was unsure whether there even is a subsidv. But, regarding interceptor costs. be said he believes that if there were a subsidy it would be from the suburbs to the developed areas because of improvements that must be made in fully developed areas to meet regulations. "Whatever subsidy that has existed was very small," he said. Voss said the number of customers does play in the financial equation, too. The economy of scale means the more customers on the system, the less it costs for treatment. Hurlburt said most of the additional 18,000 acres to the Urban Service Area wouldn't require new interceptors because they near existing ones that could accommodate additional service. Barnhart named a panel of Graves, Ulrich and Thomas to work with Barnhart, V. Peterson, R. Peterson and Debevec on developing a draft policy for discussion at the next Metropolitan Agencies Committee. 4. Adjourn. The meeting adjourned at about 1:10 p.m. 1992 LEAGUE OF MINNESOTA CITIES TRANSPORTATION POLICIES LUEET -3. Transportation Systems Funding (A) The League supports legislative action to provide adequate funding for streets and highways for city, county, township, and state roads from stable statewide sources. The Legislature should consider using multiple revenue sources which have adequate growth potential to meet the rising needs of street and highway systems throughout the state. The League supports consideration of additional revenue sources, including increased gas taxes, automobile registration fees, license fees, wheelage taxes, and other types of user fees. The League also supports legislative action to provide an adequate and stable source of transit funding for city, county, and state systems. An accessible transit system is an increasingly vital element of the states transportation system. The League encourages the Legislature to dedicate a portion of the motor vehicle excise tax (MVET) or some other dedicated revenues for transit purposes. State funding must be available to match expected federal funding for transit. An efficient transportation system is a vital element in planning for fiscal, economic, and social development at state, regional, and local levels. Since the economy of the state and its cities are dependent upon highway transportation, particularly agriculture and tourism, it is necessary to determine long -range street and highway needs to assure the vitality of the states economy. Actions such as the cut of $3.846 million in motor vehicle excise tax (MVE) aid to cities in the middle of the 1991 budget year do not serve the street and highway system goals of cities or the state. Furthermore, environmental concerns and the need to conserve energy require the use of alternate modes of transportation in meeting the diverse needs which exist in various communities and regions of the state. Tied in with the funding issue are the issues of jurisdictional studies and turnback of responsibility for roads. The League recommends that the following issues be addressed by the Legislature. 1. The League urges the Legislature to authorize cities to create, at their option, a transportation utility. Such authority would acknowledge: the effects of very tight levy limits and cuts to the state aid revenues 1 available for local transportation infrastructure; the benefit to all taxpayers of a properly maintained local transportation system; and the severe limitations of existing special assessment authority. A transportation utility, comparable to the statutory authority for cities to operate storm sewer utilities, would provide a stable, long -term, dedicated funding source for reconstruction and maintenance of city transportation facilities. Current transportation funding options available to cities are inadequate. Current special assessment law, Chapter 429 Local Improvements, Special Assessment n P ( p p s) does meet o cities financing needs because of the benefit requirement. The law requires a minimum q q of 2 0 ercent of such a project to be specially assessed against affected properties. in P a ected ro P 1 P Y 9 P P practice, however, proof of increased property value to this extent benefit can rarely be proven for regular p egu ar repair or replacement of existing transportation infrastructure. Alternatives to financing through the use of Chapter 429 authority are nearly nonexistent. The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, and stormsewers. The stormsewer authority (1983), in particular, set the precedent for a workable process of charging a fee on a utility bill for a city service or infrastructure which is of value to the entire city without metering and without proof of property value increases (benefit). A transportation utility would use technical, well- founded measurements, and would equitably distribute the costs of local transportation services. Authority for cities to operate a transportation utility would reduce the need for cities to incur debt in order to accomplish major reconstruction and maintenance projects. It would also limit the frequency of large special assessment charges on individual property owners. Finally, authority for this utility will be enabling only. Cities will need to individually weigh the benefits of such a tool for their long -term transportation service needs. 2. Funding for local and state roads and streets, including the facilities and operations, should be clearly appropriated for these transportation purposes. The League supports targeting the highway user fund to be used only for expenditures related to improvement, construction, and maintenance of the highway system and municipal and county state aid programs. Funding of other state programs which do not directly benefit the transportation system in the state should be funded through the states general fund. In fiscal year 1991, over $66 million from the trunk highway fund was spent for state agencies such as the Department of Public Safety (including law enforcement), Tourism and Economic Development, the Department of Health, and the Department of Education. Establishment of a transportation p services fund by the 1991 Legislature was 2 a positive first step in this direction. The League encourages further clarification and separation of transportation- related spending. 3. The League urges the Legislature to establish a system of direct appropriations to cities under 5,000 population. Smaller cities can rely only on general property tax revenues, and limited use of special assessments for road and street funding. Townships currently receive approximately two percent of the highway user tax distribution fund for road construction, reconstruction, and maintenance of town roads. The Legislature should provide a similar state aid program for smaller cities. tl- This could be accomplished through either a constitutional amendment modifying the 62 -29 -9 formula for the highway user fund, from a portion of the current 29 percent county share, or at a level similar to the direct distribution for townships. Efforts should be made to ensure that county state aid (CSAH) designated for roads within cities under 5,000 population is continued. _ 4. Minnesota's commitment to public modes of transportation has had goals of: meeting the mobility needs of our citizens, improving accessibility and efficiency of current transit programs, and reducing automobile congestion and overall energy 9 e er and environmental concerns. A. Transit funding should become a higher priority for the state and MVET or another revenue source of dedicated funding for the existing level of operation for transit systems with a maximum local share should be maintained. B. The League also supports creation of a separate statewide transit fund for mass transit and light rail transit (LRT) expenditures. State funding should be specifically provided for these purposes. C. The League supports coordination of the design and construction of LRT by the Minnesota Department of Transportation (MnDOT). D. Existing railroad trackage /rights -of -way petitioned for abandonment should be preserved. Appropriate government agencies should, through alternate public use, save this trackage until rail systems once again become economically feasible or needed because of energy considerations. Also, the possibility and feasibility of utilizing existing railroad trackage as part of a fixed guideway and /or light rail mass transit system should be studied. 5. The League supports opportunities for alternative financing for local transportation needs including the option of local authority for toll facilities. Cities should be given the authority and flexibility necessary to finance future 3 needs through public, private, or joint agreements. 6. The state bonding program should be continued in order to provide funds for cities, towns, and counties for replacement and repair of bridges. 7. The Legislature should authorize cities to establish, at their option, road access charges for new residential, commercial, and industrial development. Growing communities are finding it increasingly difficult to finance construction of facilities needed for new residential, commercial, and industrial development. Often, with new developments, major streets (collectors) often also need to be constructed. Under current law, only the abutting benefitted property can be specially assessed for the costs of such roads, and then only for the degree of benefit. Such assessments are generally inadequate to pay for the roadway upgrades which are necessary to serve larger populations. Cities should be allowed to levy such charges on an area or per lot basis at the time subdivisions are approved (similar to park dedication fees), or on existing open lots when a building permit is issued. For other services, the Legislature has recognized similar problems and authorized charges to provide facilities which do not directly abut the affected property. Two such instances are park dedication fees and sewer availability charges. 8. Increased support should be provided for innovative and inter -modal transportation programs and policies. Restoration of funding for the bikeway grants program would be an example of this commitment. Dependency on the current primary transportation options should be lessened. All levels of government in Minnesota should continue to encourage increased energy conservation, travel- demand management, ride -share programs, alternative fuels, bicycle facilities, and research and education of such options. There is an increased awareness of health and fitness, the environmental benefits and cost effectiveness of bicycling, and greater numbers of Minnesota citizens are looking for safe and convenient transportation alternatives. The Minnesota Comprehensive Bicycle Plan recommends the establishment of grant programs to create bicycle friendly zones. Some of the possible programs include construction of on and off road bicycle facilities, public education efforts, and promotion of bicycling. 9. The League does not oppose the imposition of a metropolitan area add -on sales tax to be used to finance metro transit, light rail transit (LRT), and transportation infrastructure provided it is supported by metropolitan area interests, including the Association of Metropolitan Municipalities. If the Legislature approves authority for this sales tax, overall tax burdens on metropolitan residents should be studied and existing funding distributions should not be reduced. 4 x LUEET -5. Transportation Structure and Responsibility (B) 1. In order to more adequately represent the current eligible miles of city streets, the League supports raising the municipal state aid system (MSAS) limit to 3,000 miles. Existing law limits MSAS mileage to 2,500; total mileage currently in the system is approximately 2,300. This mileage increases for the system is necessary to accommodate cities reaching the eligible 5,000 population threshold and mileage being added by currently eligible cities. In addition, the population factor of the municipal state aid system should be changed to reflect annual population updates based on estimates from the state demographer or Metropolitan Council, rather than reliance on federal or special census counts. 2. Existing mechanism for transferring jurisdiction of roads should be changed, including increasing the level of funding in the municipal turnback account, and prohibiting unilateral revocations or turnbacks of roads which have not been brought up to normal maintenance standards before the effective date of the revocation. (Reclassifying many roadways in the state by appropriate use classification and jurisdiction has been studied and proposed as an alternative to increased state funding for state roads.) The increased cost for cities to assume responsibility for general maintenance and life - cycle treatment greatly exceeds the current financial capacities of cities. Rather than saving money, turnbacks merely make the property taxpayer -- rather the users- - responsible for financing highways. For these reasons, no wholesale program of highway turnbacks should be instituted at this time. The League also recommends the following changes to help facilitate turnbacks: a) State aid rules should be changed to allow counties to upgrade county state aid highways using county state aid highway funds prior to turnback when cities concur and without penalty (as under current rules); and b) The League supports allowing cities to determine if a turnback road will be designated as a state -aid road or local street. If the city chooses to designate the road as a state -aid road, this designation should not affect the standard designation process, so that developing cities will be able to continue to designate a percentage of new road growth as part of the state -aid system. 5 3. In ite of the t' two metropolitan t i sp a consolida ion of the o po an sta a construction o district, 5 and 9, in 1989 -90, the League supports legislation which continue the previous metropolitan membership on MnDOT committees to ensure that adequate statewide representation continues. By law the MSA Screening Committee consists of one member from each highway district and from each first class city. The unintended effect of combining the metropolitan districts reduces metropolitan representation on this body. 4. The League opposes state legislation allowing longer truck tractor and trailer combinations on Minnesota highways. increased needs for acceleration distance needs, offtracking of rear wheels, and additional requirements for safe passing are all likely to exceed the physical limits and safety needs of our current system. 6 � x • �s as ocia 'on of metro olit n A' munic� alit es p POLICIES AND 0 LEGISLATIVE PROPOSALS 1992 THIS DOCUMENT PRINTED ON RECYCLED PAPER Adopted by the AMM Membership on November 7, 1991 • 183 university avenue east, st. paul, minnesota 55101 (612) 227 -4008 r INDEX PART ONE • MUNICIPAL REVENUES AND TAXATION PAGE NUMBER I. MUNICIPAL REVENUES 1 - 7 A. LEVY LIMITS 1 B. MANDATED STATE AND FEDERAL PROGRAMS 1 C. LOCAL GOVERNMENT AID 2 D. PROPERTY TAX 3 1. Homestead Class Rates 3 2. Non - Governmental Tax Exempt Property 3 3. State and Metropolitan Owned Tax Exempt 4 Property 4. Property Tax Reform 4 E. GENERAL FISCAL IMPACT POLICIES 6 1. Fiscal Note Continuation 6 2. Funding Shifts 6 3. State Revenue Stability 6 F. SALES TAX DEDICATION GUARANTEE 7 PART TWO GENERAL LEGISLATION II. GENERAL LEGISLATION 8 - 17 A. LABOR RELATIONS ISSUES (PELRA) 8 1. Disciplinary Action 8 2. Impasse Resolution /Binding Arbitration 8 3. Picket Lines 9 4. Unfair Labor Practice Charges 9 is 5. Part Time Employees 9 -i- t y B. TORT LIABILITY 9 . C. DATA PRACTICES 10 1. Open Meeting 10 2. Liquor License Application 11 3. General Public Data 11 D. POLICE AND FIRE PENSION PROVISIONS 12 1. Amortization Aid 13 2. Employee Contribution Amount 13 3. Benefit Increases 13 4. Assumption Changes 13 E. OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL 13 F. CONTRACTORS PERFORMANCE BONDS 14 G. POLICE OFFICER STANDARDS AND TRAINING (POST) 14 RECRUITMENT H. STATE AGENCY RULE MAKING 15 I. SHADE TREE DISEASE CONTROL PROGRAM 15 J. CONCURRENT DETACHMENT AND ANNEXATION 16 PART THREE HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE III. HOUSING AND NEIGHBORHOODS 18 - 33 A. HOUSING AND NEIGHBORHOODS 18 1. Examine Local Requirements 18 2. Practices Which Increase Housing Costs 18 3. Mandatory Land Use Standards 19 4. State and Regional Housing Policies 19 -ii- • 5. Federal Housing Policy 20 g Y 6. Local Housing Policy 21 7. Metropolitan Area Housing Needs 21 8. Neighborhood Liveability 22 9. State Licensed Residential Facilities 25 B. ECONOMIC DEVELOPMENT 27 1. Cities Development and Economic Development 28 Responsibilities 2. Equal Treatment of Cities 29 3. Tax Increment Financing 29 4. Local Option for Development Organization 30 Structure • 5. County Economic Development Authorities 31 (EDA's) 6. Development of Polluted Lands 31 7. Building Permit Fee Surcharge 32 C. LAND USE PLANNING 32 PART FOUR METROPOLITAN AGENCIES IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN 34 - 49 GOVERNMENTAL AGENCIES A. PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES 34 B. CRITERIA FOR EXTENSION OF METROPOLITAN 34 ORGANIZATION POWERS • -iii- C. STRUCTURES, PLANNING, IMPLEMENTATION AND 35 FUNDING OF METROPOLITAN SERVICES AND PROGRAMS 1. Policy Planning - Implementation 35 2. Funding for Regionally Provided Services 35 3. Regional Tax Rates and User Fees 36 D. COMPREHENSIVE PLANNING - LOCAL AND REGIONAL 36 INTERACTION E. COMBINED SEWERS - SEPARATION 37 F. METROPOLITAN COUNCIL BUDGET /WORK PROGRAM PROCESS 37 1. Budget Detail and Specificity 37 2. Reliance on Property Taxes 38 3. Program Evaluation 38 G. METROPOLITAN PARKS AND OPEN SPACE FUNDING 39 1. Operation and Maintenance (0 & M) Funding 39 2. Regional Bonding For Regional Parks 39 H. WATER MANAGEMENT IN METROPOLITAN AREA 40 I. WATER SUPPLY IN METROPOLITAN AREA 41 J. WASTE STREAM MANAGEMENT 42 1. Integrated Waste Stream Planning 43 2. Hazardous and Dangerous Waste Management 44 3. Metropolitan /County Responsibilities 46 4. Local Solid Waste Management 46 _ Responsibilities 5. Funding 47 6. Organized Collection 48 • -iv- f r 7. Host Cities and Cleanup Responsibilities 48 PART FIVE TRANSPORTATION V. TRANSPORTATION 50 - 59 A. STREET AND HIGHWAY GENERAL FUNDING 50 B. METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING 50 C. TRANSPORTATION SERVICES FUND 50 D. TRANSPORTATION FUNDING ALTERNATIVES 51 E. HIGHWAY AND TRANSIT INTEGRATION 51 F. HIGHWAY JURISDICTION REASSIGNMENT, TURNBACKS, 52 AND FUNDING G. TRANSPORTATION UTILITY 52 H. 1 3C' TRANSPORTATION PLANNING PROCESS - ROLE 53 • OF ELECTED OFFICIALS I. LARGE TRUCKS (TRIPLE TRAILERS) 54 J. CITY SPEED LIMITS 54 K. SEAT BELTS 54 L. REGIONAL TRANSIT SYSTEM 55 M. MSA SCREENING COMMITTEE 56 N. METROPOLITAN TAX 56 0. AIRPORT POLICY 57 P. BIKEWAY GRANTS PROGRAM 58 Q. OPTOUT - 58 • -v- 1 } PART SIX ENDORSEMENT POLICIES VI. ENDORSEMENT POLICIES 60 - 67 A. TRUTH IN TAXATION 60 B. CITY FUND BALANCES 61 C. SALES AND MOTOR VEHICLE EXCISE TAX EXTENSION 62 D. STATE ADMINISTRATIVE COSTS 62 E. COMPARABLE WORTH 63 F. LIQUOR ISSUES 64 G. WARRANTS TO TOW VEHICLES 64 H. ECONOMIC DEVELOPMENT AUTHORITIES 64 I. MUNICIPAL SERVICE DISTRICTS 65 J. ROAD ACCESS CHARGE 66 K. MSA MILEAGE LIMIT 66 L. OPPOSE MARKET VALUE REFERENDA 66 • -vi- f t • I MUNICIPAL REVENUES • PAGE 1 THROUGH 7 • r LEGISLATIVE POLICIES 1991 • I MUNICIPAL REVENUE AND TAXATION I -A LEVY LIMITS The Association of Metropolitan Municipalities has consistently opposed the levy limit laws in that they apply uniform statewide restrictions to cities and are too inflexible to accommodate inflation, uncertanties in state and federal financial aids, and the diverse problems and circumstances faced by cities throughout the state. Such laws are inconsistent with principles of local self - government and accountability. Neither do they recognize changing local conditions as to either expenditure needs or revenue sources. Levy limits may ultimately work against the interests of local taxpayers because the law creates an incentive for cities to take maximum advantage of the opportunity to make general or special levies. For example, the arbitrary decision in 1981 to create a new levy limit base effectively penalized those cities that were successful in holding down their property tax levies in 1981. This was done again in 1987 and 1988. History has now provided cities with numerous lessons teaching that cities which choose to levy less than the maximum allowed in a given year risk being later tied to unrealistic or artificially low new limits for future budget years. Therefore, • THE AMM REMAINS STRONGLY OPPOSED IN PRINCIPLE TO SUCH LIMITATIONS AND RECOMMENDS THAT THE MINNESOTA LEGISLATURE ALLOW LEVY LIMIT LAWS FOR CITIES TO SUNSET PER CURRENT LAW FOR TAXES PAYABLE 1993. I -B MANDATED STATE AND FEDERAL PROGRAMS The cost of local government is being influenced more and more by both state and federal legislatively mandated programs and increased mandated benefits or costs for in place programs. At the same time the legislature and administration are suggesting that expenditures are far too great at the local level and that cutbacks are needed. Cities cannot provide additional mandated programs without seriously impacting he ability f cities to g Y provide the traditional services of public safety, street maintenance, snowplowing, etc. Mandated programs such as pay equity, binding arbitration, PELRA, certain Data Practice requirements, expensive election rules, waste recycling, and truth in taxation cost money. These costs must be recovered through levy, state payment, or reduction of current service. There is no other way. THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT ,MANDATED INCREASED EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INFUSION OF FUNDS MANDATES A NEW PROPERTY TAX OR A DECREASED EXPENDITURE IN -1- THE OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE, . WHEN NEW PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED, THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING ASSISTANCE. I -C LOCAL GOVERNMENT AID State Aid to cities has been a much debated legislative issue for two decades. Over that time the formula(s) have ranged from pure per capita, to need based on value and service, to a distribution based on location and past spending. Homestead Credit has changed to Homestead Aid and is no longer a direct taxpayer subsidy. New gimmicks such as Disparity Reduction Aid (Mill rate equalization) and Tax Base Equalization Aid, have been invented to target money to various regions when the general aid formula could not be politically designed to work. With few exceptions, cities across the nation have access to more than one form of municipal revenue. The dedicated Local Government Trust Fund recognizes that and provides Minnesota cities with a second source, sales tax, in addition to the traditional small share of the property tax. The advent of the dedicated Local Government Trust Fund (LGTF) made up of 1 1/2 cent current sales tax revenue and 1/2 cent locally enacted sales tax revenue provides the opportunity to return to the basics and to develop a rational redistribution formula. That formula should recognize the sales tax as 1) a second source of city revenue to fu- general city services as well as 2) a source of funds to ha p eliminate some of the disparities caused by unique municipal overburden and for low property wealth. THE AMM WILL SUPPORT THE EFFORT OF THE LEAGUE OF MINNESOTA CITIES (LMC) TO DEVELOP A STATEWIDE LOCAL GOVERNMENT AID DISTRIBUTION SYSTEM AND PLEDGES ITS HELP IN THAT EFFORT, PROVIDING THE AID DISTRIBUTION FORMULA IMPLEMENTS THE FOLLOWING CRITERIA: .THE SALES TAX IS A GENERAL REVENUE SOURCE FOR CITY EXPENDITURES AND THUS SOME DISTRIBUTION TO EACH COMMUNITY MUST BE PROVIDED TO UPHOLD THE ORIGINAL COMMITMENT TO ALL OF THE STATES TAXPAYERS; .RECOGNITION OF BURDENS CAUSED BY RAPID POPULATION GROWTH; .RECOGNITION OF BURDENS CAUSED BY POPULATION LOSS IN MEETING THE DEMANDS FOR PUBLIC SERVICES; .RECOGNITION OF NEEDS BASED ON CHANGING DEMOGRAPHICS SUCH AS AGING POPULATION, HOUSING STOCK, AND INFRASTRUCTURE; .RECOGNITION OF WEALTH OR TAX CAPACITY; • -2- i • .RECOGNITION OF BASIC NEEDED SERVICES WHICH SHOULD BE SUPPORTED AND APPROPRIATE SUPPORT LEVEL; AND .RECOGNITION OF PROPERTY TAX BURDEN RELATIVE TO INDIVIDUAL WEALTH. UNTIL SUCH A FORMULA IS DEVELOPED WHICH ADEQUATELY SUPPORTS THE ABOVE CRITERIA, THE AMM SUGGESTS THAT 1) THE CURRENT DISTRIBUTION AND CLASS RATE CHANGE BUY DOWN IN LAW THROUGH 1994 BE MAINTAINED , AND 2) THE GROWTH IN THE 2 CENTS SALES TAX RECEIPTS DEDICATED TO PROPERTY TAX RELIEF BE DESIGNATED AS EACH CITY'S SHARE OF THE SALES TAX AND DISTRIBUTED BASED ON A PER HOUSEHOLD AND /OR PER CAPITA BASIS. I -D PROPERTY TAX D -1 HOMESTEAD CLASS RATES The 1991 Legislature is to be commended for modifying the Homestead Class Rate system to eliminate the third and highest rate tier over a two year period. For taxes payable 1993 there will be two tiers of 1% on the first $72,000 market value and 2% on the value in excess of $72,000 market value. The elimination of the third tier is significant in achieving more fairness and equity in the property tax system, especially for homestead property.. THE AMM COMMENDS THE LEGISLATURE FOR THE PHASED ELIMINATION OF THE THIRD TIER HOMESTEAD CLASS RATE AND FOR NOT SHIFTING THE RESULTING TAX INCREASE ONTO OTHER PROPERTY. THE AMM URGES THE LEGISLATURE TO ALLOW THE COMPLETION OF THE ELIMINATION AND TO CONTINUE NO MORE THAN TWO HOMESTEAD CLASS RATE TIERS IN THE FUTURE. D -2 NON- GOVERNMENTAL TAX EXEMPT PROPERTY One of the glaring inequities in the Minnesota tax system involves the free local services that are provided to tax exempt property owned by certain non - governmental organizations. It is widely acknowledged that such property benefits directly from governmental services such as police and fire protection and street services provided by cities and counties. However, since there is not legal basis for claiming reimbursement for the cost of such services, they are borne by the local taxpayers. Furthermore, such property is concentrated in certain cities and counties resulting in a heavy cost burden in certain parts of the state. THE ASSOCIATION BELIEVES THIS PROBLEM SHOULD BE CORRECTED BY ENACTING LEGISLATION, REQUIRING OWNERS OF TAX EXEMPT PROPERTY, EXCEPT FOR CHURCHES, HOUSES OF WORSHIP, AND PROPERTY USED SOLELY FOR EDUCATIONAL PURPOSES BY ACADEMIES, COLLEGES, UNIVERSITIES AND a -3- T i SEMINARIES OF LEARNING, TO REIMBURSE CITIES AND COUNTIES FOR THE COST OF MUNICIPAL SERVICES. • D -3 STATE, CITY AND METROPOLITAN AGENCY OWNED TAX EXEMPT PROPERTY The State of Minnesota, some cities and Metropolitan Agencies owns a significant amount of property within the metropolitan area. Cities provide a range of services that benefit these properties. However, since the they are exempt from paying property taxes, municipalities are not reimbursed for the cost of these services. This places an unreasonable burden on cities. The Mate of Wisconsin established a program called "Payment for Municipal Services" in 1973. The program provides a mechanism for municipalities to be reimbursed by the state for services they provide to state -owned properties. Through a formula based on the value of state -owned buildings within a city, the Wisconsin system reimburses cities for police, fire, and solid waste services. THE AMM ENCOURAGES THE STATE LEGISLATURE TO ESTABLISH A PROGRAM FOR REIMBURSING KUNICIPALITIES FOR SERVICES TO STATE, OTHER CITY AND METROPOLITAN AGENCY FACILITIES. THE PROGRAM SHOULD (1) ENSURE THAT THESE AGENCIES PAY ASSESSMENTS FOR SERVICES THAT BENEFIT THEIR PROPERTY, AND (2) ALLOW CITIES TO RECEIVE COMPENSATION FOR SERVICES THAT ARE FUNDED THROUGH GENERAL REVENUE, SUCH AS POLICE AND FIRE, WHICH ARE VALUABLE TO THE STATE OF MINNESOTA, ANOTHER CITY AND METROPOLITAN t1GEYCIES. D -4 PROPERTY TAX REFORM Many significant changes in the proper : -y tax system have been made since the 1988 Session. The AMM believes it is critical that any future proposals be evaluated on the basis of their impact on individual communities. A proposal that may appear balanced on a statewide basis can have very disparate effects on individual cities. The difference in property tax burdens among taxpayers living in neighboring tax jurisdictions which provide similar services must also be kept within reasonable limits. its. An y significant nificant tax burden disparities would adversely affect cities' abilities to compete on a fair basis for residents and economic development. ., Tax increment districts are dependent on tax rates and assessment ratios of the current property tax system. The financial viability of those projects should not be jeopardized by state - imposed changes in the tax structure. Likewise, enterprise zone businesses have been recruited based on a commitment that they would receive a preferential classification ratio in the -4- calculation of their - !:=o-ccrty 1 7a.x obligations. These development districts should wDe protectsd any negative consequences of tax reform. T,k).e tax 1"Inancing plan in effect at the time legislation _'Is - _ - ;assed i3hca1d ';, the basis for determining remedies. In enacting any major reff-crns _-f '_ i4innesota property tax system, including the ccm system of aids to local government, the AM M recom % the Legislature pursue policies which meet the f ail o conditions: THE IMPACT OF THE PRO POS2 _Sy,� 3E THOROUGHLY ANALYZED, NOT ONLY FOR ITS IMPACT STILTEEWIDE, BUT2 24LS0 FOR ITS EFFECT ON INDIVIDUAL COMMUNITIES. MAJOR SHIFTS Tz'U'kT 1 _Nr_2,=ASE DIS:" 21.!T_TLES 12.1 TAX BURDENS AMONG TAXING JURISDICTIONS OR ?2=14S INTITHIAN THE STATE SHOULD NOT OCCUR. ALL SIGNIFIC21UNT CH2dq= S 7:31', PTIUMSED IN 0 THAT CITIES CAN ADEQUATELY PAN YOR 2 NEEPT]D LOCAL GOVERN14E11T .3AID, 0 _ PROGRAM OF SHARING STATE REVENUE FOR ar- PURPOSE 07 T-0 PROPERTY TAX BURDENS, SHOULD RE2 Tu'q r_ C_07�1FCNEITT OF THE PROPERTY TAX SYSTEM. 7 CATEGORICAL AID PROGRKIS SHOULD 'BECOINE A SUBSTITUTE FOR LGA • AND RELATED PROPERTY "MAX RELIE.F 70G MS. PROPERTY TAX REFOP-9 SHOU10) OT JEOPARDIZE EXISTING DEVELOPMENT DISTRICTS 1 ESTABLIS'. fir' 7 AND FINA11CING WERE BASED ON CONTINUATION OF THE 1 7J1UREIN7 T,:-U4 .3T_R.UC=_=E. ANY TAX REFORM NEEDS TO RECOGNIZE EXISTING =7 , TC=T_T1-', 1 T FINIT110E DISTRICTS AND THEIR CASH FLOW AND 0BLIG;V1"10HS. ON ENTERPRISE ZONES MUST ALSO BE ADDRESSED. THE CHANGES IN TAX STZIT H BY THIS 1988 LEGISLATURE HAVE THE POTENTIAL TO _=S '�D Z THE VALUE OF HOMESTEAD AND AGRICULTURAL CREDIT - 11D �'.-IACA) PAYIMENTS MADE TO LOCAL GOVERNMENTS AND SHOULD BE CORRECTED. THE PROPERTY TALK SYS.".r�! S�-JOULD 17T P EQgALIZ L -, R U - X TION FOR CITIES, COUNTIES AND SCHOOLS !a4D 1NDIVIDUAL TAXPAYERS WITHIN THE PARAMETERS OF OTHER 2VIM P7ROPERfY TAX OBJECTIVES. AT THE SAME TIME, REFORMS SHOU7�D NCT XIAKE 1 R REDUCTIONS IN THE PROPERTY TAX BASES OF CITIES. AN INCOME STED CIRCUIT AND IRENTER.E3, I CREDIT SHOULD CONTINUE. SIMPLIFICATION AND LRE DESIRABLE GOALS THAT SHOULD BE ADDRESSED WITHEAN T]EIE ABO'_I'z TE_'4LTS. I -E GENERAL FISCAL IMPACT POLICIES E -1 FISCAL NOTE CONTINUATION Many laws are passed each year by the legislature which have a substantial effect on the financial viability of cities. Some of these, such as revenue and tax measures, have an obvious and direct effect which is often calculated and reported during the hearing process. Many others, such as worker's compensation benefit increases, mandated activities, binding arbitration and other labor related legislation, social programs, etc., have costs which are not as obvious but which will now be known due to a fliscal note requirement. Cities and others will now be able to determine the real cost of a program or suggestion and be able to use this data in determining the merits. THE STATE SHOULD CONTINUE A POLICY OF "DELIBERATE RESTRAINT" ON ITS MANDATED PROGRAMS AND UTILIZE EXTENSIVELY THE RECENTLY ADOPTED FISCAL NOTE STATUTE IDENTIFYING LOCAL GOVERNMENT COSTS ON ANY NEW MANDATED PROGRAMS. E -2 FUNDING SHIFTS The Minnesota House of Representatives Research Department annually prepares 'Major State Aids and Taxes: A Comparative Analysis'. The statistics for 1985 through 1989 show an imbalance of state revenues collected and aids and credits distributed • between the metropolitan and outstate areas that is growing each year. Over 65% of the Stale rte is collected in the Metropolitan Area while less than 45e- of the aids and credits are redistributed in the metro area. In 1989 there was $.53 returned in aids and credits for each dolla :- collected in the metro area whereas, there was $1.25 returned -oe $1.00 collected in greater Minnesota. If this trend is allowed to grow , state tax and aid policies may jeopardize the future economic growth of the metro area to the detriment of the whole state. STATISTICS COMPILED BY THE HOUSE RESEARCH DEPARTMENT SHOW THAT THE MAJORITY OF THE STATE REVENUE IS RAISED IN THE METRO AREA WHILE ONLY A MINORITY OF THE STATE AIDS AND CREDITS ARE ALLOCATED TO THE METRO AREA. THE AMM REQUESTS THE LEGISLATURE TO NOT ALLOW THE IMBALANCE TO CONTINUE AND TO CONSIDER HOW THIS DISTRIBUTION OF RESOURCES EFFECTS THE ECONOMIC GROWTH AND VITALITY OF THE METRO AREA AND THUS THE ENTIRE STATE. E -3 STATE REVENUE STABILITY The AMM has in the past supported a state budget reserve of a sufficient size to allow the state to overcome unexpected Revenue shortfalls in a given year. This supporting position was adopted to prevent a repeat of the 1980 disaster where cities P h re ci ie did not -6- receive certified State Aids that had become an integral part of • the budget. However, when faced with a similar shortfall in 1990, the state legislature and administration again withheld needed already budgeted State Aids. The state acted as' if use of the budget reserve for its stated purpose would somehow be bad and that it was better to take away service resources from citizens and blame local government. THE AMM SUPPORTS A CONTINUED STATE BUDGET RESERVE ONLY IF THE STATE IS WILLING TO USE THE RESERVE IN TIMES OF REVENUE SHORTFALL IN ORDER TO MAINTAIN THE BUDGETED COMMITMENTS MADE TO LOCAL GOVERNMENT. MAINTAINING A BUDGET RESERVE MERELY FOR THE SAKE OF HAVING MONEY IN THE BANK WHILE ARBITRARILY CUTTING PREVIOUSLY COMMITTED LOCAL EXPENDITURES IS BAD PUBLIC POLICY AND IS DECEIVING TO THE CITIZENS OF MINNESOTA. I -F SALES TAX DEDICATION GUARANTEE The AMM commends the Legislature for the creation of the Local government Trust Fund (LGTF) consisting of 2 cents sales tax dedication to city /county property tax relief. City governmental officials have long needed a stable source of funding to augment the property tax for provisions of municipal services. THE AMM SUPPORTS CONTINUATION OF THE LOCAL GOVERNMENT TRUST FUND BASED ON 2 CENTS SALES TAX AND MVET TO BE USED ONLY FOR • PROPERTY TAX RELIEF PROGRAMS CURRENTLY PAID BY THE TRUST FUND BUT NOT TO INCLUDE FUTURE PROPERTY CLASSIFICATION CHANGES AFTER 1994. THE AMM SUPPORTS AN IRREVOCABLE DEDICATION OF 2 CENTS SALES AND MOTOR VEHICLE EXCISE TAX TO THE TRUST FUND WHICH INCLUDES SUPPORT OF A CONSTITUTIONAL DEDICATION IF STATUTORY DEDICATION CAN NOT BE GUARANTEED. • -7- r • II GENERAL LEGISLATION • PAGE 8 THROUGH 17 r t II GENERAL LEGISLATION • II -A LABOR RELATIONS ISSUES (PELRA) In addition to coverage under the Minnesota Public Employee Labor Relations Act, public employees find their employment relationship governed by a number of laws that can conflict with their collective bargaining rights negotiated under PELRA. Disciplinary actions against a public employee can be governed by the veterans preference law, the human rights act, federal discrimination laws, civil service or merit systems, laws relating to specific employee classes (i.e. city managers) or specific job protections (i.e. right to know or workers compensation laws) or by state and federal due rocess or implied contract provisions. P P P PELRA should be amended to encourage successful negotiation of the "terms and conditions of employment ". Specifically, constraints or artificial timelines on the parties' ability to bargain, should be amended. A -1 DISCIPLINARY ACTION PUBLIC EMPLOYEES INCLUDING VETERANS SHOULD HAVE "ONE BITE" IN DISCHARGE ACTIONS. THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT SHOULD CONTROL THE ACTION, AS LONG AS STATE AND FEDERAL DUE PROCESS RIGHTS ARE GUARANTEED. THE DISCHARGE . CHARGE PROCEDURES RIGHTS UNDER ANY LAW OR SYSTEM SHOULD BE HELD BEFORE A NEUTRAL PARTY AND SHOULD BE HANDLED WITHIN 120 DAYS OF THE DISCIPLINARY ACTION INITIATED BY THE PUBLIC EMPLOYER. COMPENSATION PAYMENTS AND ACCRUAL OF BENEFITS SHOULD NOT BE PERMITTED WHERE AN EMPLOYEE HAS BEEN GIVEN NOTICE OF THE EMPLOYER'S INTENT TO DISCHARGE FOR "JUST CAUSE." THE VETERANS PREFERENCE LAW, PROHIBITING DISMISSAL OF PROBATIONARY EMPLOYEES WITHOUT A HEARING, SHOULD BE AMENDED SO THAT ALL PROBATIONARY EMPLOYEES ARE TREATED UNIFORMLY. A -2 IMPASSE RESOLUTION /BINDING ARBITRATION ALL PUBLIC EMPLOYEES, REGARDLESS OF JOB CLASSIFICATION, SHOULD HAVE THE RIGHT TO STRIKE. HOWEVER, A STATUTORY MECHANISM SHOULD BE PUT IN PLACE THAT ALLOWS A PUBLIC EMPLOYER TO ADDRESS PUBLIC HEALTH, SAFETY AND WELFARE CONCERNS IN THREATENED OR ACTUAL STRIKE SITUATIONS. PUBLIC EMPLOYEES, AFTER IMPASSE IS DECLARED, SHOULD BE ALLOWED TO GIVE ONLY ONE NOTICE OF THEIR INTENT TO EXERCISE THEIR RIGHT TO STRIKE. IF THE NOTICE IS GIVEN AND THEY FAIL TO STRIKE DURING THE STATUTORY PERIOD, THEY WOULD LOSE THEIR RIGHT TO STRIKE. • -8- T y THE AMM STRONGLY URGES THE LEGISLATURE TO READOPT ITEM BY ITEM • LAST BEST OFFER INTEREST ARBITRATION TO PROMOTE MORE MEANINGFUL NEGOTIATIONS FOR ESSENTIAL EMPLOYEES. A -3 PICKET LINES PUBLIC EMPLOYEES SHOULD NOT BE GIVEN THE RIGHT TO REFUSE TO CROSS A PICKET LINE. A -4 UNFAIR LABOR PRACTICE CHARGES REVI7,% OF UNFAIR LABOR PRACTICE CHARGES SHOULD BE TRANSFE�'.xED FROM DIST IC;T COURT TO AN ADMINISTRATIVE AGENCY. (I.E. BUREAU OF MEDIX210N SER17ICES OR OFFICE OF ADMINISTRATIVE HEARINGS). A -5 PART TIME FAPLOYEES THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE PREVIOUS DEFINITION OF EMELOYEES COVERED BY PELRA TO BE PERSONS EMPLOYED FOR MORE THAN 100 WORKING DAYS IN A CALENDAR YEAR, INSTEAD OF THE CURRENT 67 DAYS FOR NON STUDENTS. II -B TORT LIABILITY The Municipal Tort Liability Act was enacted to protect the public treasury while giving the citizen relief from the arbitrary, confusing, and administratively expensive prior • doctrine of sovereign immu -pity with its inconsistent and irrational distinctions between governmental and proprietary activities. The act has served that purpose well in the past, however, courts frequently forget or ignore the positive benefits secured to citizens damaged by public servants as a result of enactment of the comprehensive act which includes some limitations on liability and some qualifications of normal tort claims procedure. The special vulnerability of far -flung government operations to debilitating tort suits continues to require the existence of a tort claims act applicable to local governments or local governments and the state. The need for some type of limitations is evidenced by recent experiences with the insurance market. Cities in Minnesota are finding it increasingly difficult to obtain insurance at an affordable rate, if at all. Amendments in 1983 to increase the dollar amounts recoverable by plaintiffs should be adequate to satisfy any reasonable claim. Further changes in limits beyond the current $200,000 per person and $600,000 per occurrence should not be made. Joint and several liability provisions have been modified to lessen the deep pockets effect some. The current limit of payment _9_ • is times two for liability of 35% or less (i.e. if the city is 30% • liable, they may be required to pay 60% of the damage award) or total responsibility if liability is over 35% (i.e. if the city is 40% liable, they may be required to pay 100% of the damage award). This still seems onerous especially when this comes out of taxpayers pockets. Payment liability should definitely not be increased. THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL TORT LIABILITY ACT AND RECOMMENDS THAT THE CURRENT LIMITS OF LIABILITY REMAIN INTACT. JOINT AND SEVERAL LIABILITY PROVISIONS FOR PAYMENT LIMITS SHOULD NOT BE INCREASED FROM CURRENT LAW SO THAT TAXPAYERS ARE NOT MORE UNFAIRLY SUBJECTED TO DEEP POCKET AWARDS. II -C DATA PRACTICES C -1 OPEN MEETING Data privacy laws protect individuals from the release of information to the public which the legislature has deemed to be private or which could be unnecessarily harmful to the individual. On the other hand, the open meeting law prohibits local government units from holding closed sessions except when discussing pending or actual lawsuits with an attorney or labor negotiations. Unfortunately, many occasions have arisen in past years where local units in dealing with ith individuals or employee disciplinary matters have been forced to either violate the Data Privacy • Statutes or the Open Meeting tatute in order rder to fairly resolve the issue. The Minnesota Supreme Court in early 1989 apparently resolved the conflict between the two laws and did so by establishing a clear rule that when 'not public data' comes before public bodies, either the data must not be released or the meeting must be closed. However, the 1990 legislature overturned that decision, but in its clarification, raised more questions than existed prior to that 1989 Annandale decision. The new law allows an initial hearing to be closed, unless an individual being accused requests a public hearing, but does not provide for notice to the individual. It does not say whether the name can be released. The new law provides that the data which is a basis for firing or suspension is public after final determination and that cities must use 'reasonable efforts' to protect private data. However, the law is unclear as to whether final determination is upon council action or upon completion of grievance and arbitration of the action. The time gap between council action and filing of grievance is a problem for determining what data is public or private. It does not define 'reasonable efforts' nor does it provide a method to discuss multiple charges, some of which may not be included as part of the ultimate basis for action. • -10- Local officials appear to be just as much or more at risk under the new law than the old law prior to the Annandale decision, and thus, because of the severity of punishment should probably err by closing meetings rather than err by inadvertently violating the Data Practices Act and violating an employees right. THE AMM REQUESTS THE LEGISLATURE TO MAKE THE DATA PRIVACY AND OPEN MEETING LAWS CONSISTENT SO THAT TO COMPLY WITH ONE LAW A CITY SHOULD NOT HAVE TO VIOLATE THE OTHER. FURTHER, THE AMM STRONGLY SUPPORTS LEGISLATION FAVORING DATA PRIVACY OVER OPEN FLEETING WHERE CONFLICTS ARISE TO PROTECT THE EMPLOYEES RIGHT OF CONFIDENTIALITY FOR PERSONAL AND PRIVATE DATA. ALSO, THE LEGISLATURE SHOULD CREATE A PROCESS WHICH WOULD ALLOW CITIES TO FORWARD DISSEMINATION REQUESTS FROM THE PUBLIC TO AN INDIVIDUAL OR BOARD AT THE STATE FOR AN OPINION ON THE PROPER RESPONSE. THE AMM SHOULD SUPPORT THIS PROCESS ONLY IF AIPY LOCAL GOVERNMENT RECEIVING THE OPINION WOULD ALSO RECEIVE PROTECTION FROM ANY CLAIMIS BROUGHT AS A RESULT OF ACTIONS TAKEN IN RELIANCE ON THE OPINION. C-2 LIQUOR LICENSE APPLICATION The definition of 'licensing agency' in Minn. State 13.41 is not clear as to the inclusion of cities, therefore, it is unclear whether all or part of the information on license issuance is public. This can be a real ,problem when issuing liquor licenses, • since part of the data concerns sensitive business and personal finances. THE AMM ENCOURAGES THE LEGISLATC'1_'- TO CLARIFY THAT POLITICAL SUBDIVISIONS OF THE STATE INCLUDING CITIES ARE LICENSING AGENCIES IN MINN. STATUTES 13.41 AND THAT FINANCIAL DATA OF A PERSON OR BUSINESS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LIQUOR LICENSE OR OBTAINED AS A RESULT OF .1N INVESTIGATION OF THE APPLICANT OR LICENSEE SHALL BE CLASSIFIED AS PRIVATE. C -3 GENERAL PUBLIC DATA The Government Data Practices Act allows municipalities to charge the actual costs of searching for, retrieving, and copying public data if copies of the data are requested. The law prohibits municipalities from charging the costs of searching for and retrieving data if a person asks only to inspect it. In many cases, the searching and retrieving are the most time - consuming " aspects of supplying data. Making a copy is frequently only a small portion of the time required and should not be the standard for determining whether a charge is appropriate. Profit - making enterprises have used this free service to augment their businesses. For example, individuals have established _11_ r e ' businesses for preparing special assessment searches. Personnel from these businesses use city facilities, including expensive computer equipment, to obtain the special assessment data. The personnel may also take significant amounts of staff time for explanations of the data collected. They then dominate the publicly provided telephone for lengthly periods to transmit the information obtained. These businesses use city facilities and personnel as part of a profit- making enterprise, solely at taxpayer expense. Municipalities should be allowed to charge for retrieving and explaining public data whether or not the request includes copying. The law also prohibits municipalities from charging for separating public from non - public data. This task may be very time- comsuming and is necessary to protect the non - public data. Municipalities should be allowed to charge for this service. To preserve the Act's spirit and intent of keeping government records open to inspection for public purposes, the new charges proposed would not apply to the media or to private citizens requesting information about themselves or their own properties. THE AMM ENCOURAGES THE LEGISLATURE TO AMEND MINN. STAT. 13.03, SUBD. 3 TO ALLOW MUNICIPALITIES TO CHARGE FOR RETRIEVING AND EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON- PUBLIC DATA. THIS AMENDMENT WOULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO PRIVATE CITIZENS REQUESTING INFORMATION ABOUT THEMSELVES OR THEIR OWN PROPERTIES. II -D POLICE AND FIRE PENSION PROVISIONS Local police and full -time fire relief associations were phased out by the 1980 legislature, unless the local council opts to keep the relief association. All new employees will become part of the state police and fire PERA fund and the state will reimburse local units for a portion of the unfunded liability remaining in the local fund. The unfunded liability was projected to be paid by the year 2011 but during the 1980 investment earnings were in excess of 10% and thus could, at that continued rate, reduce the time to year 2005. Past earnings are not an indication of what happens in the future. The legislature considered siphoning earnings in excess of that needed for 2011 amortization to reduce state payments and property tax levy for unfunded liability as well as provide a bonus (13th. paycheck) to retirees. If investment increase drops below 100, the local property taxpayers in future years will pay more, not only to pick up the property tax reduction but the state reimbursement reduction. It would be better public policy to wait until the unfunded liability is funded. Also, 1979 Law set employee contributions at 8% and the Legislative Retirement Commission has in the past established a general policy requiring public safety employees to pay 40% of the • -12- normal pension costs. . D -1 AMORTIZATION AID THE AMM OPPOSES LEGISLATION THAT PROVIDES FOR REDUCTIONS OF STATE AMORTIZATION AID TO LOCAL POLICE AND FIRE RELIEF ASSOCIATIONS. D -2 EMPLOYEE CONTRIBUTION AMOUNT EVEN THOUGH THE EMPLOYEE CONTRIBUTION AMOUNT WAS SET AT 8$, IN MA14Y FUNDS THIS IS NOT EQUIVALENT TO 40% OF THE NORMAL COSTS. THE AMM RGES THAT THE CONTRIBUTION LEVEL BE SET AT 40-*0 OF T111E NORMAL COST OF FINANCING THE BENEFITS EVEN IF THIS AMOUNT EXCEEDS 3% OF BASE SALARY. D -3 BENEFIT INCREASES THE AMM OPPOSES ANY BENEFIT INCREASES FOR LOCAL POLICE AND FIRE RELIEF ASSOCIATIONS UNLESS AN INCREASE, INCLUDING ANY RESULTING DEFICIT, IS FINANCED 50% BY THE EMPLOYING CITY AND 50% BY EMPLOYEES ON A CURRE1dT BASIS. D -4 ASSUMPTION CHANGES THE AMM SUPPORTS CHANGES IN ACTUARIAL ASSUMPTIONS RELATING TO SALARIES AND INVESTMENT RETUMI TO MORE TRULY REFLECT EXPERIENCES. THE AMM OPPOSES PAYMENT OF ANY TYPE OF BONUS TO ACTIVE OR RETIRED MEMBERS (13TH. CHECK) AS A PART OF -- C-1 JARIAL ASSUMPTION CHANGES. II —E OPPOSE REDUCTION OF AUTHORITY OR ZO::AL CONTROL The AMM has for many years opposed certain statutory changes that erode local authority or mandate activities which cost money to implement unless there is a provision to recover those costs. Rather than adopt a separate policy for each issue, the AMM believes that as general policy the legislature should not decrease current authority or mandate activities creating added costs to cities without providing the necessary funding or unless there is overwhelming obvious demonstration of obvious need. Included in this general policy is opposition to mandates such as; mandating wards for elections, setting city employee salaries, state or metropolitan licensing of tree treatment contractors, plumbing inspections by licensed plumbers only, and requiring competitive bidding for land sales. THE AMM OPPOSES STATUTORY CHANGES WHICH ERODE LOCAL CONTROL AND AUTHORITY OR CREATE ADDITIONAL TASKS REQUIRING NEW OR ADDED LOCAL COSTS WITHOUT A CORRESPONDING FUNDING MECHANISM. THIS INCLUDES MANDATING ELECTION BY WARDS AND INTRUSION IN SETTING LOCAL SALARIES. —13— • II -F CONTRACTORS PERFORMANCE BONDS The 1989 legislature modified Minnesota Statutes 574.26 to allow contractors to provide a letter of credit instead of a performance bond for contracts of less than $50,000. This is an improvement but still will create significant hardship with many reputable small contractors. In todays market, projects in excess of $50,000 are very common and are not really large jobs. The emphasis should be in protecting the public. THE AMM URGES THE LEGISLATURE TO PROVIDE GREATER FLEXIBILITY IN CONTRACTOR GUARANTEES FOR CITIES BY ALLOWING IN ADDITION TO BONDS, OTHER RELIABLE FINANCIAL SECURITY GUARANTEES, SUCH AS LETTERS OF CREDIT, WITHOUT LIMITATION AS TO PROJECT COSTS. II -G POLICE OFFICER STANDARDS AND TRAINING - RECRUITMENT Current POST rules require at least a two year degree in law enforcement to be eligible to become a peace officer. This is somewhat restrictive in that it does not allow for College degreed persons to make a career change without returning to school for significant added course work. The current applicants tend to lack maturity that may be desireable to blend into police departments. • Since the adoption of uniform standards of training and licensing for police officers in 1978 many positive changes have been made to allow a wide range of people to qualify to be police officers in Minnesota. However, one area is still a significant problem, protected class recruitment, specifically Black and Hispanic minorities. Because of the education requirements, people must decide or be recruited early in the post secondary education time frame, to qualify in police work. Neither POST nor cities are in the position of being able to induce or recruit people into the appropriate educational track at the appropriate time and the University /College system is not doing so either. Therefore, protected class hiring is very difficult. One area that has been overlooked is Military Police, who are trained police personnel but may lack the required academics. THE AMM ENCOURAGES THE POST BOARD TO CONSIDER ALLOWING PERSONS WITH COLLEGE DEGREES OR OTHER APPROPRIATE EDUCATION AND MILITARY POLICE PERSONNEL TO BECOME PEACE OFFICERS WITH SOME ADDITIONAL LAW RELATED COURSE WORK THAT CAN BE ATTAINED THROUGH PRE EMPLOYMENT PART -TIME EFFORT OR DURING THE FIRST YEAR OF FULL TIME PEACE OFFICER EMPLOYMENT. THIS DOES NOT AFFECT THE SKILLS COURSE REQUIREMENTS. • -14- r , II -H STATE AGENCY RULE MAKING • Legislation is needed to assure that municipalities are informed of proposed rules when they are initiated by State Agencies to assure a more meaningful appraisal of their impact upon local government. State agencies now are required to only publish notice of proposed rules in the State Register which is not in general circulation and which is available to local governments only by subscription, whereas, State law mandates that local governments publish notice of a variety of activities in legal newspapers and mail notices to potentially affected parties. State agencies are not required to notify local governments when rules are proposed that have direct impact upon and directly involve the local governments. The current law also allows the agencies to decide that proposed rules are "non controversial" and thereby negate the requirements for a Public Hearing. The decision that a proposed rule is "non - controversial" may be overridden only if 25 persons file a notice with the agency that a Public Hearing is desired. The law requires agencies to make a finding as to the cost the proposed rules would have for other units of government; this process does not require too solicitation of input from the other units of government, but, rather, is left to the agency itself. The cost threshold for "non- controversial" is an overall dollar amount that does not consider teat the cost could be very significant for some units. THE AMM REQUESTS LEGISLATION 1 1 1 71AT WOULD REQUIRE DIRECT NOTIFICATION FOR PROPOSED AGENCY RULES IF THERE IS IMPACT OF ANY FINANCIAL NATURE REGARDLESS OF THE AMOUNT. ALSO, THAT AGENCIES BE REQUIRED TO ESTABLISH AN OPEN PROCESS TO SEEK INPUT FROM AFFECTED GOVERNMENTAL AGENCIES PRIOR TO DECLARING A PROPOSED RULE "NON CONTROVERSIAL" THUS BYPASSING FORMAL PUBLIC HEARING. II -I SHADE TREE DISEASE CONTROL PROGRAM Starting in 1977 the legislature made a strong commitment to control Dutch Elm and Oak Wilt tree diseases by enacting an excellent Shade Tree Disease Control program and backing that legislation with sufficient funding to bring the diseases under control. However, due to lack of financing in the most recent past, Dutch Elm disease is once again spreading rapidly as it has in other areas of the country when financial commitment has stopped. Therefore, the AMM urges the legislature to: CONTINUE THE SHADE TREE DISEASE CONTROL LEGISLATION WITH NO -15- 0 1 III HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE • PAGE 18 THROUGH 33 • III HOUSING, ECONOMIC DEVELOPMENT AND LAND USE III -A. HOUSING AND NEIGHBORHOODS The housing problem for persons currently unable to afford market rate housing can best be mitigated if all levels of government and the private sector including non - profit groups work together and if each contributes a fair share to the solution. Each level of government should contribute to help solve the problem and each level's contributions should be of the kind it is best suited to make. The Federal and /or State Levels should provide direct financial subsidies for housing for low and moderate income persons. The Federal and State Governments also have the responsibility to provide a tax climate in which the private sector can produce and maintain rental units that are affordable to low and moderate income households. The State should also grant local units of government the authority and flexibility to conduct the kind of housing programs that best meets their diverse needs. The Metropolitan Council should continue to place high priority on housing planning for the Metropolitan Area and provide specific guidance to the public and private sectors so that both can make rational decisions relative to future housing needs. The Council should continue to be aggressive in seeking innovative ways to create housing opportunities for low income persons. Local units of Government also have a major role to play. Local controls constitute but a small portion of the total cost of housing but local units should not establish requirements which go beyond what is necessary for the protection of health, safety and welfare. Local units should also work with the private and non - profit sectors to make the best use of existing tools to produce affordable housing which is more affordable. Decision makers at all levels must become more cognizant of their actions, policies, and decisions which have an undesirable impact on housing costs. A -l. EXAMINE LOCAL REQUIREMENTS. Local requirements, if excessive, can add to the cost of producing affordable housing. COMMUNITIES SHOULD EXAMINE THEIR LOCAL REQUIREMENTS (LAND USE REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO ASSURE THAT THESE REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR THE PROTECTION OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE WHEN APPROPRIATE. NO LEGISLATIVE INITIATIVE NEEDED. A -2. PRACTICES WHICH EFFECT HOUSING COSTS. -18- Decision makers at all levels of government must become more cognizant of actions they take which have an impact on housing costs. These actions in themselves may be worthwhile and beneficial, but when implemented result in increased housing costs. Examples of this type of action would include such things as the sewer availability charge, restricted growth policies, building and energy codes, environmental rules, etc. ALL LEVELS OF GOVERNMENT SHOULD EXAMINE THEIR PRACTICES AND POLICIES TO DETERMINE POSSIBLE UNNECESSARY IMPACTS ON HOUSING COSTS. CHANGES SHOULD BE MADE AS NECESSARY. A -3. MANDATORY LAND USE STANDARDS. Uniform standards for housing style, type and size are not appropriate because of the great diversity among cities and differences within n cities relative to density development, Y P , topography, age of housing stock, the mix of housing values, and the level of municipal services which are provided. Land use regulation is one of the tools used by city officials to protect the health, safety, welfare, and interests of the city's residents. THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH MANDATES UNIFORM ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES ADDITIONAL LAND USE REGULATION AUTHORITY FROM LOCAL UNITS OF GOVERNMENT. CITIES SHOULD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE, AMOUNT, AND TYPE OF HOUSING WITHIN THEIR BOUNDARIES. NO LEGISLATIVE INITIATIVE NEEDED. A -4. STATE AND REGIONAL HOUSING POLICIES. The State should be a more active participant in providing funding for housing needs. It is expected that allocation of state resources would be based on an overall State Housing policy which would provide the necessary tools for implementation. The Legislature needs to provide for financing strategies which will carry out the long range goals for providing and maintaining affordable housing opportunities. The State Housing Policy should enable and assist local and metropolitan governments, private and non - profit developers to initiate affordable housing. Local governments should participate in the formulation of state and metropolitan housing policy which will be used to support local housing goals. THE AMM RECOMMENDS THAT THE STATE PROVIDE NEEDED FUNDING IN THE FORM OF GRANTS AND LOANS TO ASSIST CITIES IN MEETING LONG, RANGE HOUSING NEEDS IN THE STATE. SEVERAL STATE FINANCING SOURCES SHOULD BE CONSIDERED, INCLUDING BUT NOT LIMITED TO: -19- III • _ STATE APPROPRIATIONS STATE BONDING - STATE GAMBLING REVENUE - INCREASED MORTGAGE DEED TAX THE AMM WOULD RECOMMEND THAT THE STATE ESTABLISH A HOUSING POLICY TO PRIORITIZE AND ALLOCATE ITS RESOURCES. THE STATE SHOULD ALSO CONSIDER CONSOLIDATING SMALLER PROGRAM ACTIVITIES AND ANY NEW REVENUES WITH THE HOUSING TRUST FUND. THE STATE SHOULD CONSIDER THE USE OF STATE TAX POLICY TO BENEFIT THE MAINTENANCE AND DEVELOPMENT OF AFFORDABLE HOUSING. EXAMPLES OF THIS WOULD BE THE ESTABLISHMENT OF A STATE LOW INCOME HOUSING TAX CREDIT AND OTHER MODIFICATIONS THAT WOULD EFFECT THE IMPACT OF PROPERTY TAXES ON RENTAL PROPERTY. THE AMM RECOMMENDS THAT THE PROPERTY TAX SYSTEM NOT BE USED TO FUND STATE AND METROPOLITAN GOALS. THE AMM ALSO RECOMMENDS THAT A PORTION OF ANY NEW METRO AREA TAX SHOULD BE USED TO FUND HOUSING ACTIVITIES IN COOPERATION WITH LOCAL GOVERNMENTS. LOCAL PARTICIPATION IN THE DEVELOPMENT OF THESE POLICIES IS CRITICAL FOR THE LONG TERM IMPLEMENTATION OF THE HOUSING GOALS. • A -5 FEDERAL HOUSING POLICY The Federal Government has a broader and more diverse tax base than state and local governments. For this reason, the Federal Government should provide the necessary funding to fulfill its housing policy commitments to very low income persons beyond the funding reach of state and local governments. THE AMM SUPPORTS CONGRESS'S EFFORT TO ADOPT HOUSING LEGISLATION WHICH WILL INCREASE FUNDING LEVELS FOR THE PROVISION OF AFFORDABLE HOUSING. IT IS ESSENTIAL THAT FUNDING IN THE FORM OF GRANTS BE PROVIDED TO CITIES IN ORDER TO SUPPORT THE NEEDS OF THOSE PERSONS REQUIRING ASSISTED HOUSING (VERY LOW INCOME). THIS SHOULD INCLUDE: -HOME PROGRAM FUNDING AT A 2 BILLION DOLLAR LEVEL - FUNDING FOR THE RENOVATION AND REHABILITATION OF SUB - STANDARD HOUSING - INCENTIVES THAT WOULD ENCOURAGE OWNERS NOT TO OPT OUT OF SECTION 8 CONTRACTS - CONTINUED AND INCREASED FUNDING OF THE SECTION 8 RENT SUBSIDY PROGRAM - CONTINUED AND INCREASED FUNDING OF SECTION 202 PROGRAM • -20- IT IS ALSO NECESSARY TO AMEND THE FOLLOWING HUD RULES: —RULES REQUIRING CITIES TO PAY BACK BLOCK GRANT FUNDS FOR • SCATTERED SITE HOUSING PROJECTS WHICH MEET GRANT OBJECTIVES. —RULES REQUIRING CITIES TO BE PART OF THE TITLE CLAIM WHILE. FACILITATING REHAB AND CLEANUP OF HAZARDOUS WASTE SITES. — SIMPLIFY COMPLIANCE PROCEDURES FOR CDBG AND OTHER HUD PROGRAMS IN ORDER TO REDUCE ADMINISTRATIVE COSTS FOR CITIES AND THEIR SUBGRANTEES AS WELL AS TO ENCOURAGE MORE MEANINGFUL INVOLVEMENT BY NEIGHBORHOOD ORGANIZATIONS IN THESE PROGRAMS. A -6 LOCAL HOUSING POLICY Thera is a great diversity among cities in the metropolitan area. Some —ties need more housing for low income persons while other cities need housing for moderate to upper income persons. Cities should have the authority to promote whichever kind of housing is in the public purpose and best interest of the particular city and is consistent with the regional housing policy. Cities need to have a greater flexibility in financing their housing goals if they are to meet the intent of the Metropolitan Land Planning Act. CITIES SHOULD BE Grj- -TED SUFFICIENT AUTHORITY AND FLEXIBILITY BY THE LEGISLATURE TO CONDUCT AND FINANCE HOUSING PROGRAMS THAT MEET THEIR INDIVIDUAL HOUSING NEEDS. LOCAL FUNDS CAN BE USED TO LEVERAGE FEDERAL, STATE t�dD -, TZOPOLITAN RESOURCES WHEN THEY CAN MEET COMMON POLIC`L GOALS. IT IS NECESSARY TO EXPAIID 1 1H UIC IAL RESOURCES AVAILABLE AT THE • LOCAL LEVEL. THIS COULD INCLUD' -.: —THE REMOVAL OF SOME OF THE LT141 ON THE USE OF TAX INCREMENT FINANCING FOR HOUSIivG — REMOVAL OF CITY AND HOUSING AUT.xlC: ITY LEVY LIMITS —ALLOW FOR SPECIAL IMPACT FEES — SPECIAL LEVIES FOR HOUSING — REINSTATE THE STATE DEED AND MORTGAGE TRANSFER TAX EXEMPTION FOR PUBLIC AGENCIES —USING THE PROPERTY TAX SYSTEM TO PROVIDE INCENTIVES FOR LOW INCOME HOUSING A -7 METROPOLITAN AREA HOUSING NEEDS The Metropolitan Council through a specially appointed regional housing task force has completed a thorough study of housing needs in the seven county area. The study concluded that the region is facing critical challenges to its ability to provide decent affordable housing for its population. Demographic shifts, market forces and aging of the regional housing stock will combine in the 1990's to jeopardize many peoples opportunity for housing of their choice'. —21— • I` . The AMM supports most of the task force's final report conclusions and is very concerned with the problems identified in said report. However, individual cities do not have the financial resources to adequately deal with said problems. TO BEGIN ADDRESSING THE REGIONS HOUSING PROBLEMS, THE AMM RECOMMENDS THAT: A. ALL CITIES AND THE METROPOLITAN COUNCIL UNDERTAKE COORDINATED AND COMPREHENSIVE PLANNING WITH RESPECT TO CITY AND REGIONAL HOUSING NEEDS INVOLVING BOTH THE PRIVATE AND PUBLIC SECTORS. B. ADDITIONAL FUNDING FROM SOURCES BEYOND CITIES' CURRENT REVENUE SOURCES SHOULD BE PROVIDED TO ENABLE CITIES AND THE REGION TO ADDRESS THE HOUSING NEEDS. ADDITIONAL FUNDING IS NEEDED TO ASSIST CITIES WITH THE COMPREHENSIVE PLANNING AND ITS IMPLEMENTATION. THE ADDITIONAL FUNDING COULD BE CONDITIONED ON A CITY UNDERTAKING THE SPECIFIED COMPREHENSIVE AND COORDINATED PLANNING AND THAT ALLOCATION COULD BE BASED ON CONFORMANCE WITH SPECIFIED STANDARDS. A -8 NEIGHBORHOOD LIVEABILITY Rapidly evolving social, demographic, economic and behavorial changes are converging on many cities creating new challenges that exceed their capacity to deal effectively with their new • environments. The challenges cities face, such as deteriorating neighborhoods, crime, and drugs, need the cooperative efforts of public private and business interests to solve. Cities have expanded public safety, inspection, and health programs; have aggressively repaired and replaced infrastructure; ie., replaced streets and public utility lines; have removed diseased trees, redeveloped parks, refurbished or replaced neighborhood civic facilities; and have developed programs to assist low and moderate income families, yet problems continue to grow. Cities should take the lead in developing local and regional strategies that will assist them in dealing with growing neighborhood problems. These strategies should include the following major categories: 1. Physical and structural deterioration of the neighborhood. 2. Social welfare of the neighborhood. 3. Educational opportunities. PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD: a. Cities need to evaluate the demographic impact on -22- their housing stock and plan for future rehabilitation or reuse. The demographic impacts • may include declining home values, delayed or non - maintenance of housing stock, foreclosed or abandoned housing and the changing of neighborhood character (i.e. An owner base to a tenant base). In a metropolitan area these forces go beyond a city's boundary and may require a more metropolitan view to try to resolve the causes of the problems. b. Cities need to plan for continued upgrading of public facilities (i.e. streets, utilities, parks) even in the face of declining values. This may require statutory authority beyond existing authority. C. Cities need to plan for regulatory enforcement at levels needed to maintain neighborhood quality. If a strong level of enforcement is provided up front it can be an effective relatively low cost long term strategy for maintaining neighborhood quality. d. Cities need to plan for and encourage neighborhood resident's participation in the preservation of the city's neighborhoods. Neighborhood pride can become one of the strongest tools that cities can tap into, provided that other resources are in place that can provide the means by which this energy can focus. • e. Cities need to expand their resource base and plan for the targeting of resou�ces to accomplish their long -term strategy for ne. -borhood preservations. Expanding this resource base will require coordinated efforts at the federal, state, regional and local level. f. Cities need to strengthen their ability to take appropriate legal actions in a swift manner to eliminate deteriorating structures in a neighborhood. Lengthy procedures accelerate damaging impacts blighted structures have on a neighborhood. This should include the expanding use of the housing court to allow for action on single family dwellings and for City code enforcement. g. Cities need to plan for and encourage neighborhood resident's participation in recreational pursuits and activities. Along with the appropriate public facilities for recreation and leisure, there needs to be organized programs and activities to make the best use of these facilities. -23- • • SOCIAL WELFARE OF NEIGHBORHOODS: a. Cities need to evaluate those social issues that directly impact the liveability in a neighborhood (aging, child care, transportation, job training, domestic abuse, etc.) and plan for long -range systems that will strengthen the liveability of neighborhoods. b. Cities need to become more familiar with the social welfare system and work closely with state and county agencies to emphasize the need of stabilizing neighborhoods and the family units within those neighborhoods. C. Cities need to strengthen the cooperation of individuals and families within the neighborhood to support city initiatives dealing with crime and drug awareness, public health issues (i.e. garbage houses, animal infestation, etc.) and domestic abuse. d. Cities need to plan for services to neighborhoods that will allow for affordable day care, transportation and job opportunities. The impact of lack of these services has the greatest impact on the • low income and elderly households within any neighborhood. e. Cities need to develop programs and /or participate in the development of state and regional programs to lesson the impact that poverty has on the destabilization of a neighborhood. These programs are needed to deal with the broad range of issues rather than one specific activity and can be tailor -made to address a problem by linking activities together (i.e. rent, mortgage assistance or tax breaks tied to rehabilitation loans; rent assistance tied to child care; job training and transportation assistance, etc.). EDUCATIONAL OPPORTUNITIES: a. Cities need to encourage, participate in and strengthen the school systems community education outreach programs. These programs provide an opportunity to coordinate school and city efforts to strengthen the liveability of neighborhoods. b. Cities need to work within the education process by providing early childhood education on problems • -24- cities face in dealing with social impact on neighborhood liveability. • C. Cities need to work closely with secondary and post secondary education systems to encourage job training programs. Such programs can help solve neighborhood problems (i.e. work study with forestry, rehabilitation, maintenance, etc. which will give work experience by providing opportunities in the neighborhoods). THE AIM WILL SUPPORT LEGISLATIVE INITIATIVES THAT PROVIDE CITIES WITH THE NECESSARY TOOLS, FUNDING AND PROGRAMS TO HELP STRENGTHEN AND PRESERVE NEIGHBORHOODS. THE AMM ALS BELIEVES THAT A HOLISTIC APPROACH IS NEEDED TO SOLVE THE NEIGHBORHOOD DETERIORATION PROBLEM AND WILL REQUIRE THE COOPERATION AND INVOLVEMENT OF EDUCATIONAL INSTITUTIONS, HUMAN SERVICES AGENCIES, PRIVATE NON - PROFIT ORGANIZATIONS IN ADDITION TO CITY RESOURCES. I THE AMM r^ ALSO BELIEV -_,,. THAT THE METROPOLITAN COUNCIL HAS A ROLE TO PLAY IN NEIGHBORHOOD AND COMMUNITY REVITALIZATION AND URGES THE COUNCIL TO INITIATE A COMPREHENSIVE STUDY OF RESOURCES NEEDED TO ADDRESS NEIGHBORHOOD AND COMMUNITY REVITALIZATION ISSUES SUCH AS HOUSING, EDUCATION, HEALTH AND HUMAN SERVICES, TRANSPORTATION AND JOBS AND JOB TRAINING A -9 STATE LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) The AMM believes that persons with disabilities are entitled to live in the least restrictive possible environment and should have a range of residential choices throughout the state. The AMM also believes that residential based facilities (i.e. Group Homes) should not be concentrated. Over concentration of such facilities could have a negative impact on the community and on the facility residents. Recent amendments to the Federal Fair Housing Act may have an impact on the State's ability to regulate residential based facilities but the extent of such impact is not known as yet. However, the AMM believes that the principles contained ned in this policy are very appropriate and any state legislation pursued should not conflict with the AMM principles. The residents of residential based facilities come from our communities and the AMM believes that cities as one of the major institutions of our society have a responsibility to be a part of the solution by welcoming such facilities on a fair share and rational basis. The AMM believes that cities have a responsibility to be part of the solution, but it also believes that the state has the major responsibility o assure in Y re that the residents living residential based facilities receive care and • -25- supervision appropriate to the extent of their disability. The state's deinstitutionalization policy is directly linked to the need for more residential based care facilities in our cities and the state has the responsibility to provide sufficient funding to assure adequate care and supervision of the residents placed in such facilities. The state also has the responsibility to notify a city when such a facility is licensed so that the city is prepared to deal with emergencies that might occur in such a facility. The AMM also believes that the state has an obligation to screen clients, particularly in the corrections area, so that persons placed in residential based facilities are not a danger to themselves, fellow residents, or the community. THE LEGISLATURE SHOULD ADHERE TO THE FOLLOWING PRINCIPLES WHEN DEALING WITH THE ISSUES OF DEINSTITUTIONALIZATION AND RESIDENTIAL BASED FACILITIES: -THERE MUST BE TIMELY NOTIFICATION TO CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS REQUESTED TO BE ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE OPPORTUNITY TO RESPOND. -STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCONCENTRATION FOR THE STATE OR FOR COUNTY - ISSUED RFP'S SHOULD BE ESTABLISHED. ALL CITIES SHOULD HAVE THE RIGHT TO REGULATE THE DISTANCE BETWEEN GROUP HOMES. IN ADDITION, FINANCIAL INCENTIVE PROGRAMS FOR PROVIDERS LOCATING IN NON - CONCENTRATED AREAS SHOULD BE EXPLORED. -THERE MUST BE ADEQUATE STATE FUNDING SO THAT THE RESIDENTS OF THESE FACILITIES RECEIVE PROPER CARE AND SUPERVISION. -THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT. - FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS. -ANY LEGISLATION EFFECTING LAND USE CONTROLS SHOULD BE EXPRESSED IN TERMINOLOGY CONSISTENT WITH LOCAL LAND USE CONTROLS. -A FAIR SHARE CONCEPT AND FORMULA SHOULD BE CONSIDERED WITHIN THE METROPOLITAN AREA, BUT SUCH CONCEPT AND FORMULA MUST BE COGNIZANT OF OTHER FACTORS INCLUDING TRANSPORATION FACILITIES, JOBS AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES. -26- III -B ECONOMIC DEVELOPMENT Cities have an interest in the maintenance of and appropriate enhancements to the economic base of their respective communities. It is the community's economic base which provides; a.) the tax base and other revenue sources which support the general operations of cities, counties and school districts; b.) the employment of some or a substantial number of residents and, c.) the means by which the populous is housed. All Metropolitan communities address economic development when its translated to physical development through their local land use regulations with the individual communities striving for "orderly development ". As a group however, Metropolitan communities differ as to development needs and view points, with each community's needs subject to a nurber of variables. A municipality's ability to both regulate and promote economic development is based on authority established by other organizations and regulations. It is this ability that is of general interest to all Metropolitan communities. The Association of Metropolitan Municipalities (AMM) is the principal policy action group acting on behalf of its member cities. As such it is appropriate that AMM present the policy issues and concerns to those organizations that set the rules. Because of divergent economies, differing needs and diverging viewpoints between Metropolitan Minnesota and Greater Minnesota there is a need to ensure that the means of economic development available to AMM member cities are appropriate to their needs and that economic development efforts of others are complementary to and not at the expense of member cities. As noted economic development for local governments is not just a matter of more tax base for the community but entails tools to promote, regulate and service the development. Promotional means include Housing and Redevelopment Authorities, Economic Development Authorities, Port Authorities, tax increment financing, revenue and general obligation bonds, condemnation and the Star Cities Program. Regulation includes its comprehensive planning and land use functions. Servicing include water, sewer, streets and other municipal services. TRANSPORTATION AS A KEY ECONOMIC DEVELOPMENT ELEMENT Transportation, not only streets and highways but mass transit, • -27- • rail and air are all key elements in the economic development picture of a community. While infrastructive issues such as water and sewer are to some degree issues for one or two governmental entities, transportation systems involves the entire gammet from the local municipality through the federal government. Additionally it is more than just an infrastructure issue. Concerns as to where highways were to be planned was a significant issue raised in the formation of the Metropolitan Council and a rationale for passing the Fiscal Disparities Act in 1973. The transportation issue has come to the forefront in the last few years as major highways and interstate links have aged, existing routes have volumes exceeding capacity and federal and state funding has not kept pace with needs. This has been further highlighted by using a previous highway funding source the sales tax /MVET to help balance the State general fund. This has resulted in cuts and delays in projects throughout the state. With economically depressed areas demanding more funding to improve their economic attractiveness to businesses and economically successful areas needing funding to keep pace with expansion, the issue of funding has become very divisive between Metro and Greater Minnesota. A balanced and an efficient, well maintained transportation system, including the before mentioned • components; is a necessity so as not to retard economic development. BUSINESS FACTORS IN ECONOMIC DEVELOPMENT While governmental entities can provide inducements, services and infrastructure there are a number of other factors that influence a business' economic development decisions. Factors such as in place resources and costs, human resources (availability that matches the needs), regulations and attendant costs, governmental costs such as taxes, services etc. While only some of these are under the control or influence of the governmental sector in the state and therefore the mission of AMM, these entities should make efforts to ensure that state and local governments are competitive. GENERAL ISSUES IN ECONOMIC DEVELOPMENT Apart from direct business factors other items influence locational and expansional considerations including "Quality of Life" factors such as the educational systems, arts, theater and professional sports teams. In addition governmental concerns relate to housing, environmental impacts and economic security among others. B -1 CITIES DEVELOPMENT AND ECONOMIC DEVELOPMENT RESPONSIBILITIES. -28- The AMM has been operating under the assumption that cities have the primary responsibility for economic development within their jurisdictions. This includes redevelopment as well as new development. However, it became apparent during the discussion and debate concerning Tax Increment Finance, that many legislators, state agency officials, officials representing other levels of government and many private sector .representativ do not share that view. With the destruction of TIF as a viable tool for economic development, cities no longer have the necessary tools to be responsible for economic development in today's economic environment. Consequently, we believe that legislative actic:_i is needed to address the many issucs and costs associate: with economic development in our cities. THE AMM ENCOURAGES THE LEGISLATURE TO EXAMINE THE QUESTION OF ECONOMIC DEVELOPMENT AND DETERMINE WHICH LEVEL OR LEVELS OF GOVERNMENT SHOULD HAVE THE PRIMARY RESPONSIBILITY FOR ECONOMIC DEVELOPMENT WITHIN THIS STATE. IF IT IS TO BE A SHARED RESPONSIBILITY, T.." THE VARIOUS ROLES INCLUDING ALL ISSUES AND COSTS WHICH EFFECT ECONOMIC DEVELOPMENT SHOULD BE CLEARLY DELINEATED. THE ;IPPP- OPRIATE TOOLS SHOULD THEN BE DEVELOPED SO THAT EACH 'PLAYER' CARRY OUT THE DESIGNATED RESPONSIBILITIES. THE AMM STRONGLY RECOMMENDS THAT LOCAL GOVERNMENTS BE GIVEN A MEANINGFUL OPPORTUNITY TO PARTICIPATE IN THIS EXAMINATION PROCESS. B -2 EQUAL TREATMENT OF CITIES. The AMM believes that all cities irrespective of size or location should be treated fairly with respect to the availability and use of state authorized development and redevelopment tools, and programs and state funding. THE AMM URGES THE LEGISLATURE TO ASSESS NEW PROGRAMS THAT CAN BE EFFECTIVELY USED BY ALL CITIES. NEW PROGRAMS DESIGNED TO ADDRESS SPECIFIC ECONOMIC CIRCUMSTANCES WITHIN CITIES OR COUNTIES SHOULD USE PROBLEM DEFINITION AS THE CRITERIA FOR MUNICIPAL PARTICIPATION AS OPPOSED TO GEOGRAPHIC LOCATION, SIZE OR CITY CLASS, ETC. B -3 TAX INCREMENT FINANCING. Tax Increment Finance (TIF) has enabled cities to plan and carry out housing, economic development, and redevelopment projects on _ their own initiative. TIF represented, prior to 1990, the most feasible and effective strategy or tool exercised by cities to preserve and improve their own physical and economic environments. TIF was virtually the only tool available to most cities for positive self intervention to curb the spread of blight and to encourage and manage sound economic development which is so vital to provide jobs and to maintain a healthy tax base. -29- Unfortunately, the many restrictive amendments placed on TIF during the 1990 Legislative Session virtually eliminated TIF as a viable tool for most cities. One of the `sore spots' which led to the restrictive amendments was the Legislative concern with the way some cities were using economic development districts. While some changes mostly technical, were made during the 1991 session, TIF remains as virtually unworkable for most metropolitan area cities. Since cities are the level of government mostly responsible for economic development and redevelopment (which includes but is not limited to job creation) , TIF should be restored as a workable tool. Economic development districts can be eliminated as a tradeoff for restoration of TIF as noted in the following. THE AMM STRONGLY ADVOCATES THAT TIF BE RESTORED IN THE FOLLOWING WAY: A. THERE SHOULD BE FOUR TYPES OF TIF DISTRICTS: I. HOUSING. 2. SOIL CONDITION. 3. REDEVELOPMENT. 4. MANUFACTURING. B. ELIMINATE THE LGA AND HACA DEDUCTIONS. C. ELIMINATE THE FIVE YEAR LIMITATION AND RESTORE POOLING PROVISIONS TO PRE 1990 RESTRICTIONS. D. HAZARDOUS SUBSTANCES SUBDISTRICTS TO DEAL WITH POLLUTION PROBLEMS SHOULD BE INCLUDED IN REDEVELOPMENT DISTRICTS. E. ALL CITIES SHOULD BE ABLE TO CREATE MANUFACTURING DISTRICTS. AND THE DEFINITION NEEDS TO BE CHANGED SO THAT 35 TO 40% OF OFFICE SPACE IS ALLOWABLE IN AN OWNER OCCUPIED MANUFACTURING FACILITY AND ALSO TO ALLOW 10 TO 15% NON - MANUFACTURING USES IN AN INDUSTRIAL PARK FOR DAY CARE CENTERS, CONVENIENCE CENTERS, ETC. B -4 LOCAL OPTION FOR DEVELOPMENT ORGANIZATION STRUCTURE. A bill was introduced in the 1988 legislative session which would have had the effect of forcing cities to have a combined, single development authority for housing and economic development and redevelopment activities. The proponents argued that the intent of the legislation was not to restrict local development activities but to help assure coordination and cooperation at the local level. Opponents argued that cities ought to have the maximum flexibility in determining which type or types of local agencies were the most appropriate to meet the desires and unique needs of different cities. There is a possibility that a bill similar to the 1988 bill will be introduced in the 1992 session. THE AMM SUPPORTS LEGISLATION WHICH WOULD ENABLE CITIES TO HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY AS LONG AS IT IS OPTIONAL. -30- IF THE LEGISLATURE BELIEVES THAT IT IS IN THE 'PUBLIC INTEREST' TO • HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY, IT SHOULD PROVIDE INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT DOES NOT CHOOSE SUCH OPTION. THE AMM ALSO SUPPORTS ENABLING LEGISLATION TO ALLOW CITIES. TO CREATE AN AREA (TWO OR MORE CITIES) DEVELOPMENT AUTHORITY. B -5 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S) Some county officials working through the Minnesota Association of Counties are asking that Counties be given EDA authority similar to Cities. A bill was introduced in the 1989 Session to grant such authority and may be introduced again. There may be areas of the state, particularly in Greater Minnesota, where it makes sense to do economic development projects on a larger geographic basis such as a County. Such rationale does not exist in the seven county area in the AMM's judgement. THE AMM DOES NOT NECESSARILY OPPOSE THE GRANTING OF ECONOMIC DEVELOPMENT AUTHORITY TO COUNTIES IN GREATER MINNESOTA BUT OPPOSES SUCH AUTHORITY FOR COUNTIES IN THE METROPOLITAN AREA SINCE IT WOULD BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY CITIES. B -6 DEVELOPMENT OF POLLUTED LANDS Every Minnesota city has contaminated sites within its boundaries that remain undeveloped and polluted because of the number of obstacles that prevent local government action. Among the roadblocks are liability issues and financing of up -front costs for clean -up. Developers are reluctant to expose themselves to liability. Clean -up costs often exceed the value of the land precluding incentive for private sector intervention. Public sector subsidy is critical. Recent changes in tax increment law have rendered hazardous substance subdistricts useless in providing assistance with clean -up costs, and Superfund dollars are not sufficient to address the need. In addition, there is some question as to whether Superfund assistance to clean -up a site has negative ramifications for later development. The Minnesota Pollution Control Agency is often slow and noncommittal about time lines for issuing "no action letters" and development opportunities can be lost as a result. Also, while "no action" letters are readily available for public entities, they are not available to the private sector. In addition, there needs to be some certainty with respect to "closure" once a public or private entity has cleaned up a property under the direction of the Minnesota Pollution Control Agency. -31- The situation is urgent. Until these obstacles are removed, polluted sites continue to have a blighting influence on our communities and pose a potential health threat to our citizens. THE AMM SUPPORTS LEGISLATION THAT WOULD ADDRESS THE FOLLOWING: - PROVIDE A SOURCE OF FUNDING FOR A STATE -WIDE REVOLVING LOAN OR GRANT FUND FOR ASSESSMENT AND CLEAN -UP OF CONTAMINATED SITES THAT HAVE DEVELOPMENT POTENTIAL; - RESTORE TAX INCREMENT FINANCING WITH RESPECT TO HAZARDOUS SUBSTANCE SUBDISTRICTS; -MAKE "NO ACTION LETTERS" AVAILABLE TO THE PRIVATE SECTOR AS WELL AS THE PUBLIC SECTOR AND MAKE SURE THEY PROVIDE FOR CERTAINTY WITH RESPECT TO CLOSURE; - CREATE AND ENFORCE A DEVELOPMENT ACTION RESPONSE TIMELINE; AND -ADD STATUTORY LANGUAGE REQUIRING THAT CONDEMINATION COMMISSIONERS CONSIDER THE COST OF CORRECTING POLLUTION PROBLEMS IN DETERMINING THE FINAL AWARD VALUE OF THE PROPERTY. • B -7 BUILDING PERMIT FEE SURCHARGE Local units of government levy a one half percent surcharge on building permits which is paid to the State to operate the State Building Codes and Standards Division. Until the 1991 Legislature changed the law at the request of the Governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for Building Officials training and continuing education costs. Local units of government are facing tough financial times and need every available resource, especially that which could be considered local money. THE AMM RECOMMENDS REINSTATING THE LANGUAGE PROVIDING THAT UNUSED BUILDING PERMIT SURCHARGE FEES IN EXCESS OF STATE BUILDING CODE DIVISION COSTS BE RETURNED TO LOCAL UNITS OF GOVERNMENT. III -C LAND USE PLANNING Land use regulation by cities in the Metropolitan Area has been governed by the Municipal Planning Act (MS 462) and the Metropolitan Land Planning Act (MS 473). While not a perfect framework, these acts have worked well for the vast majority of cities in the metropolitan area. Land use control for cities is more than just one of the many powers and occupies a significant • -32- part of the work of city councils and their staff. It has a significant impact on other community regulations, tax base, economic development and redevelopment. It is a driving force for creating service needs. Land use regulation is the common thread which runs through most of a city's functions and operations. Proposed Legislation, which would have superceeded existing law and created a uniform land planning law for cities, towns and counties was introduced in the 1987 through 1990 legislative sessions under the sponsorship of the former Governor's Advisory Committee on State -Local Relations (ACSLR). The AMM successfully opposed those proposals because they would have diluted the authority of local elected officials; established a new legal framework which could have rendered moot much of the existing case law and existing codes and ordinances; created conflict with some provisions of the metropolitan land planning act; and reduced the flexibility and discretion of local official to manage development within cities. A special AMM task force has been working for the past 18 months in developing a compromise proposal which would be beneficial to metro cities as well as to the counties, townships and outstate cities. The task force's work is now complete and a bill will be introduced in the 1992 session based on the work of the AMM task force. THE AMM WILL SUPPORT A UNIFORM LAND PLANNING ACT THAT IS CONSISTENT WITH THE PROVISIONS OF THE COMPROMISE PROPOSAL DEVELOPED BY THE AMM LAND USE PLANNING TASK FORCE. THE KEY PRINCIPLES WHICH MUST BE CONTAINED IN A NEW LAW ARE AS FOLLOWS: A. THE LEGISLATION MUST NOT CONFLICT WITH THE METROPOLITAN LAND PLANNING ACT, AND B. THE AUTHORITY OF LOCAL ELECTED OFFICIALS TO MAKE LAND USE DECISIONS MUST NOT BE REDUCED, AND C. THE FLEXIBILITY IN MANAGING LAND USE PLANNING AT THE LOCAL LEVEL MUST NOT BE REDUCED, AND D. SUFFICIENT TIME MUST BE GRANTED IN IMPLEMENTING THE REVISED LAW TO MINIMIZE THE COSTS TO CITIES IN UPDATING LOCAL CODES AND ORDINANCES • -33- IV METROPOLITAN AGENCIES • PAGE 34 THROUGH 49 • IV METROPOLITAN AGENCIES IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES Many challenges AMM cities face in the 1990s are beyond the financial and staff resources of a single city. Therefore, it is recognized by the AMM that when such questions arise, it is in the organization's interest that all concerned units of government cooperate and work together in reaching solutions. There are a few issues which because of their complexity or cost encompass the concerns of the entire metropolitan area. The AMM may need to deal al w' ith these issues through a metropolitan administrative unit. AMM strongly states that these units must act in cooperation ration wit P h local governing bodies. The theme of this effort is that the Metropolitan Agencies and local government officials are partners, with each respecting the key roles of the other when addressing metropolitan wide problems and issues. IV -A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES The diversity and political differences in our metropolitan area results in the need for a regional service delivery system to provide certain services or portions of services to most effectively and efficiently address the needs of the residents. There is also a need for planning on a metropolitan basis which must be done in cooperation with local government. THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES TI AFFIRMS IT SUPPORT FOR THE CONCEPT OF A METROPOLITAN GOVERNANCE SYSTEM WHEN APPROPRIATE. THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN GOVERNANCE SYSTEM SHOULD BE TO FACILITATE THE COORDINATED PLANNING AND DEVELOPMENT OF THE METROPOLITAN AREA; TO PROVIDE REGION -WIDE SERVICES, WITHOUT DUPLICATING THOSE PROVIDED BY LOCAL GOVERNMENT, THAT ARE BEYOND THE CAPABILITIES OF LOCAL GOVERNMENTAL UNITS TO CARRY OUT INDIVIDUALLY OR JOINTLY; TO PROVIDE REGION -WIDE PLANNING AS NECESSARY AND WITH THE COOPERATION OF AFFECTED LOCAL GOVERNMENT UNITS AND TO FULFILL OTHER SPECIFIC RESPONSIBILITIES AS DELEGATED BY THE STATE AND FEDERAL GOVERNMENTS. IV -B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS Any efforts by Metropolitan Agencies to expand their powers or authority must be carefully considered and limited in focus without in -depth review by all those impacted by the proposed changes. THE LEGISLATURE, WHEN GRANTING THE METROPOLITAN AGENCIES ADDITIONAL AUTHORITY, SHOULD CAREFULLY STATE THE SPECIFIC AUTHORITY BEING GRANTED. • -34- ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED ONLY WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXIST: -THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT CANNOT OR IS NOT BEING EFFECTIVELY OR EFFICIENTLY PROVIDED THROUGH EXISTING GENERAL PURPOSE UNITS OF GOVERNMENT; - INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE REGION'S INVESTMENT IN AN EXISTING METROPOLITAN SYSTEM. IV -C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF METROPOLITAN SERVICES AND PROGRAMS. The Metropolitan Council was created by the Legislature in 1967 to coordinate "the planning and development" of the Metropolitan Area. The Council was mostly advisory, but was given responsibility for regional policy development and coordination in the areas of wastewater treatment and disposal, land transportation and airports. The Council was given limited approval authority for development proposals which were of metropolitan (regional) significance. The Council was not given direct operational authority and instead the Legislature created two new Metropolitan Commissions (MWCC and MTC) and restructured the MAC to operate and provide regional services. The Metropolitan Council's responsibility has expanded subsequently to include regional parks and open space, solid waste, approval authority for controlled access highways and for certain elements (airports, transportation, parks and open space, and sewers) of local comprehensive plans. C -1 POLICY PLANNING - POLICY IMPLEMENTATION The historic legislative intent concerning separation of responsibility for metropolitan (regional) planning and policy implementation should be continued. THE METROPOLITAN COUNCIL MUST BE A PLANNING AND COORDINATING BODY. REGIONAL PROGRAMS SHOULD BE IMPLEMENTED AND OPERATED BY EXISTING METROPOLITAN OPERATING AGENCIES AND /OR GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT. C -2 FUNDING FOR REGIONALLY PROVIDED SERVICES The Metropolitan Council and the Metropolitan Agencies funding has changed over time and is a mixture of property taxes, user fees and federal and state revenues. Occasionally there has been some discussion to replace these multiple sources with a single new revenue source. -35- • THE AMM BELIEVES IT IS APPROPRIATE TO CONTINUE TO FUND THE • REGIONAL AGENCIES AND ACTIVITIES BY THE EXISTING COMBINATION OF USER FEES, PROPERTY TAXES, STATE AND FEDERAL GRANTS. THE AMM BELIEVES THIS METHOD PROVIDES BETTER OVERSIGHT OF EXPENDITURES BY THE 'PAYERS' AND THEREFORE OPPOSES THE IMPOSITION OF A SINGLE NEW REVENUE SOURCE TO REPLACE THE PRESENT FUNDING SOURCES. C -3 REGIONAL TAX RATES AND USER FEES The Legislature controls the tax levies of the Metropolitan Council and the other Metropolitan Agencies. We believe it should continue to do so. User fees are generally controlled by the Metropolitan Agency collecting the fees (MWCC, MTC and MAC) . The setting of user fees and the process for setting fees has generally not been considered a problem by local officials except for isolated cases. The AMM believes that: USER FEES FOR REGIONAL SERVICES SHOULD NOT BE DICTATED BY THE LEGISLATURE BUT SHOULD BE DETERMINED BY THE OPERATING AGENCY PROVIDING THE SERVICE. ALL FEES SHOULD BE REVIEWED BY THE METROPOLITAN COUNCIL ON A PERIODIC BASIS TO ENSURE THAT SUCH FEES ARE CONSISTENT WITH REGIONAL SYSTEM PLANS AND GOALS. AN OPEN VISIBLE PROCESS /PROCEDURE SHOULD BE EMPLOYED FOR USER FEE CHANGES UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES ARE NECESSARY AND IN CLOSE COOPERATION WITH THOSE IMPACTED BY THE FEE CHANGES. • IV -D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION Implementation of the legislation passed in 1976 mandating the completion of local and regional comprehensive plans is complete. Planning, however, is an ongoing process, and several precepts should be kept in mind by local units of Government, Metropolitan Agencies and the state as this planning process continues. METROPOLITAN SYSTEM PLANS MUST CONTINUE TO BE SUFFICIENTLY SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO ALLOW FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING. THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS (TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND OPEN SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION AND COORDINATION BETWEEN REGIONAL AND LOCAL PLANNING. LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL PLANNING PROCESS ON AN ONGOING BASIS. DESIGNATION OF OTHER REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS SHOULD NOT BE MADE UNLESS THERE IS A COMPELLING METROPOLITAN AREA WIDE PROBLEM OR CONCERN THAT CAN ONLY BE SOLVED THROUGH A REGIONAL • -36- SYSTEM DESIGNATION. IV -E COMBINED SEWERS - SEP • ORATION The three communities of Minneapolis, St. Paul and South St. Paul still have a significant amount of combined waste water and storm water sewers which create overflows of unCreated waste water in the Mississippi River during heavy rains and storm water runoff periods. These cities have over many years been progressing with sewer separation projects paid for primarily through local tax levies. The Federal and State governments are pressing the issue of meeting certain water quality standards in the Mississippi River consistently which apparently cannot be done until separation is complete. The state has provided additional funding since the 1985 Legislative session to help pay for the speed up. For the first five years of the program Federal funds were also available to assist in the program. Since 1990, however, there have been no Federal funds. IT HAS BEEN AMM POLICY THAT IF THE STATE GOVERNMENT CONTINUES TO PURSUE THE ACCELERATED COMBINED SEWER SEPARATION PROGRAM IN THE THREE CITIES, THAT IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY SEWER COSTS ARE INCREASED DUE TO THE ACCELERATED BUILD EFFORT. THE PROGRAM TO DATE HAS PROCEEDED ACCORDING TO THAT POLICY. AS THE CSO ISSUE HAS SIGNIFICANT IMPLICATIONS, BOTH FOR STATE • FINANCES AND FOR DEVELOPMENT IN THE METROPOLITAN AREA, THE AMM REQUESTS THAT ITS BOARD OF DIRECTORS HAVE THE OPPORTUNITY TO REVIEW AND COMMENT ON ANY SIGNIFICANT CHANGE IN THE FINANCING OR IMPLEMENTATION PLANS FOR THE SEPARATION PROJECT. SINCE PART OF THE REASON FOR THE ACCELERATED PROGRAM IS TO MEET FEDERAL STANDARDS, AMM SUPPORTS THE CONSIDERATION OF THE ESTABLISHMENT OF A CSO FUNDING PROGRAM AND THE ADDRESSING OF THE MOST EFFICIENT MANNER AND REGULATORY FRAMEWORK WHEN THE CONGRESS CONSIDERS THE REAUTHORIZATION OF THE FEDERAL CLEAN WATER ACT. IV -F METROPOLITAN COUNCIL BUDGET /WORK PROGRAM PROCESS The Metropolitan Council has an annual budget approaching 15 million dollars and its programs impact the two million plus people living in the metropolitan area. The budget document should convey sufficient information so that the residents can determine what 'product' is being produced and how much the 'product' costs and the benefits. The budget process should commence early enough in the annual adoption cycle so that the residents can provide meaningful input as to goals and priorities. F -1 BUDGET DETAIL AND SPECIFICITY -37- s • The annual budget and work program document has been improved in recent years and contains more detail and specificity which enables public Interest groups to make more reasoned recommendations but further improvements can be made. MANDATED OR NON- DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR STATE GRANT SHOULD ALSO BE IDENTIFIED. MORE INFORMATION SHOULD CONTINUE TO BE PROVIDED AS TO PREVIOUS YEARS, EXPENDITURES AND PROGRESS FOR ON -GOING PROGRAMS, PROJECTS AND ACTIVITIES. F -2 RELIANCE ON PROPERTY TAXES The AMM is aware of growing reliance on the property tax to support Council activities. Federal grants formerly funded about two /thirds of the Council Budget and the local property tax about one /third. The federal portion has now shrunk to about 20 percent and the property tax has increased to over 60 percent. THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS FORMERLY FUNDED BY FEDERAL GRANTS OR NON -LOCAL FUNDS TO DETERMINE IF THEY ARE STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH • SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH NEED TO BE EXAMINED INCLUDE SOLID WASTE, HEALTH CARE, HUMAN SERVICES PLANNING, ETC. F -3 PROGRAM EVALUATION The Council usually levies the maximum or close to the maximum tax levy allowed. It is difficult for 'outsiders' to determine if internal evaluation is being performed to ascertain the effectiveness or necessity of council programs or if they are being continued because 'they have always been done.' THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/PRIORITY SHOULD MEET FOUR TESTS: -THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL BEING OF THE REGION. - COUNCIL INTERVENTION OR ACTIVITY WILL MAKE A DIFFERENCE. COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A STATE LEVEL ACTIVITY. - COUNCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM ACTIVITY. -38- IV -G METROPOLITAN PARK AND OPEN SPACE FUNDING The Legislature established the Metropolitan Parks and Open Space System in 1974 and provided state /regional fiscal support for the acquisition and development of the Parks System and provided a payment in lieu of taxes to local units of government on a decreasing basis for land removed from the tax rolls. Since the establishment of the system, the State and the Metropolitan area have failed to establish a permanent partnership relative to the status of the Regional Park System both within the region and state. Failure to clearly define the role of regional parks has led to long term instability relative to the acquisition and development of regional parks and created significant funding concerns for implementing agencies as they relate to the operation and maintenance of those regional facilities. G -1 OPERATION AND MAINTENANCE FUNDING Regional parks within the Metropolitan area provide the same basic function as state parks provide in Greater Minnesota. The State has consistently y fused to acknowledge this situation and has never provided an adequate amount of funding for the operation and maintenance of regional parks while covering 100 percent of the cost of state parks in Greater Minnesota. AMM RECOMMENDS THAT THE STATE OF MINNESOTA RECOGNIZE THE ROLE OF • REGIONAL PARKS WITHIN THE METROPOLITAN AREA AND PROVIDE APPROPRIATE IATE FUNDING TO IMP 7 .F'ME??'!' ING AGENCIES TO ASSIST THEM IN THE OPERATION AND MAINTENANCE OF THE REGIONAL PARKS AND OPEN SPACE SYSTEM. THE STATE OF MINNESOTA SHOULD PROVIDE 40 percent OF THE FUNDING TO OPERATE AND MAINTAIN THESE FACILITIES. G-2 REGIONAL BONDING FOR REGIONAL PARKS The Legislature for the past several years has provided less than 25 percent of the funding requested for acquisition g q development by the Metropolitan Council and the MP S annual C on an an and basis. To allow for the orderly and planned development schedule for the r p regional g nal parks and open space p p e system, the Metropolitan Council is planning to use previously granted authority and issue regional bonds to make up part of the shortage. THE AMM BELIEVES THIS ACTION CREATES A DANGEROUS PRECEDENT AND COULD TAKE THE `STATE OFF THE HOOK' IN FUTURE APPROPRIATION N CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARE ESSENTIALLY A SUBSTITUTE FOR STATE PARKS IN THE METRO AREA AND SHOIILD BE FUNDED ACCORDINGLY. IN ESSENCE, METRO AREA TAXPAYERS WILL BE PAYING TWICE AND THIS IS NOT EQUITABLE. THE AMM URGES THE METROPOLITAN COUNCIL TO REDOUBLE ITS EFFORTS TO OBTAIN AN EQUITABLE SHARE OF STATE FUNDING TO SUPPORT THE REGIONAL PARKS AND -39- OPEN SPACE SYSTEMS. IV -H WATER MANAGEMENT IN METROPOLITAN AREA In order to safeguard the public health and the environment it is necessary to plan and manage our water resources as a valuable state and metropolitan resource. Most Water Management Organizations (WMOs), cities and towns are doing a good job of dealing with surface and groundwater management issues and seem to be the most logical g 1 entities to have such responsibility. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems, instead of establishing a new system or creating new organizations. At the Federal level serious consideration is being given to rules and regulations which would drastically increase the efforts required to ensure � that surface water runoff meets environmental standards. The cost implications particularly in full developed P P Y Y P areas could be extremely high for units of government. Local units of government should retain the basic responsibility for surface water management as they are the level of government closest to the problem but they need the financial resources and tools to implement this responsibility. THE AMM SUPPORTS THE OVERALL THRUST OF THE AMENDMENTS TO THE METROPOLITAN SURFACE WATER MANAGEMENT ACT AS CONTAINED IN LAWS 1990, CHAPTER 601. HOWEVER, WE BELIEVE IT IS ESSENTIAL TO INCLUDE CITY OFFICIALS IN A MEANINGFUL WAY AS THE BOARD OF WATER AND SOIL RESOURCES (BWSR) AND THE METROPOLITAN COUNCIL MOVE TO IMPLEMENT THOSE AMENDMENTS. THE AMM DOES NOT BELIEVE ADDITIONAL MAJOR CHANGES ARE NEEDED IN THIS ACT AT THE PRESENT TIME BUT THERE ARE SOME WATER RELATED ISSUES WHICH SHOULD BE ADDRESSED: -THE LOCAL COSTS OF IMPLEMENTING THE SURFACE AND GROUND WATER MANAGEMENT RESPONSIBILITIES SHOULD BE OUTSIDE OF LEVY LIMITS. -THE BWSR BOARD SHOULD BE EXPANDED TO INCLUDE SOME METROPOLITAN AREA CITY OFFICIALS. -THE METROPOLITAN COUNCIL SHOULD FORM AN ADVISORY COMMITTEE OF LOCAL OFFICIALS TO ASSIST IT IN IMPLEMENTING ITS NEW SURFACE WATER MANAGEMENT RESPONSIBILITIES. -ALSO, THE LEGISLATURE SHOULD PROVIDE FUNDS IF IT MANDATES ANY ADDITIONAL WATER MANAGEMENT PLANNING OR IMPLEMENTING ACTIVITIES BY LOCAL UNITS OF GOVERNMENT. THE CSO PROGRAM SHOULD BE VIEWED AS THE PRECEDENT FOR THE STATE HAVING A FINANCIAL INTEREST IN PROVIDING FUNDS FOR CAPITAL PROJECTS RELATED TO STORM WATER RUNOFF. -40- IV -I WATER SUPPLY IN METROPOLITAN AREA The Association of Metropolitan Municipalities p p es recognizes that water is an important resource and its unchecked use in the metropolitan area could produce undesirable results. The AMM acknowledges that extended periods of drought could alter the quality and quantity of this necessary element of life and living. Some measures of conservation need to be considered for both the short -and long -term. Cities can do much to help assure good quality and large.quantity of water for years to come. Cities demonstrated in 1988 that they can react to the challenges of managing a short supply of water when necessary. They also can take a pro- active stance to ensure the careful use of this resource so that an adequate supply can be maintained to accommodate current and future needs even under drought conditions. The AMM believes that most Water Management Organizations, and cities and towns are doing a good job of dealing with surface and groundwater management issues and seem to be the most logical entities to have such responsibility. These existing mechanisms could do an even better job if they had a better data base, and should continue to be used to the greatest extent possible to address surface and groundwater management instead of establishing a new system or a new organization. The AMM believes cities in the seven - county metropolitan area should develop their own short -term and long -term water supply plans. These plans could include a variety of cost -and water - saving measures. Cities are in the best position to determine what type(s) of water resource management fit(s) their individual needs. Just as each city possesses unique characteristics that distinguishes it from another community, so too, a city's water supply requirements would differ each from the other. The AMM recognizes that the Metropolitan Council has a legitimate interest in maintaining a good supply of water for the metropolitan area and recommends that it develop a regional water supply plan that can be the basis for local water supply planning. Local units of government should retain the basic responsibility for water resource management because they are the level of government closest to the problem. However, local units of government need the financial resources and tools necessary to implement this responsibility, and may need to look to the Metropolitan Council for both its expertise and assistance to help cities secure funding for implementation. THE AMM ENCOURAGES THE METROPOLITAN COUNCIL TO ADOPT A "REVIEW AND COMMENT" ADVISORY POSTURE CONCERNING WATER RESOURCE PLANNING AND -41- MANAGEMENT FOR THE METROPOLITAN AREA, RATHER THAN ADOPT IT AS ANOTHER SYSTEM. THE COUNCIL'S INVOLVEMENT CAN HELP ASSURE THAT CITIES ARE PREPARING WATER SUPPLY PLANS THAT ARE ADVANTAGEOUS FOR THE ENTIRE REGION YET SENSITIVE TO THE INDIVIDUAL CITIES. THE AMM SUPPORTS NECESSARY CHANGES IN STATE LAW THAT WOULD REQUIRE A WATER SUPPLY PLAN AS AN ELEMENT OF A CITY'S COMPREHENSIVE PLAN. THE AMM SUPPORTS THE DEVELOPMENT OF A COMPREHENSIVE REGIONAL PLAN BY THE METROPOLITAN COUNCIL WHICH CITIES WOULD USE AS A GUIDE WHEN DEVELOPING THEIR WATER SUPPLY PLANS. THE CITY WATER SUPPLY PLAN PORTION OF THE COMPREHENSIVE PLAN WOULD INCLUDE THE FOLLOWING ELEMENTS: 1. DESCRIPTION OF EXISTING /NEW SYSTEMS; 2. OBJECTIVES, POLICIES AND STANDARDS; 3. CONSERVATION AND EMERGENCY WATER SUPPLY PROGRAMS; 4. PUBLIC EDUCATION; S. POSSIBILITIES OF JOINT EFFORTS, AND 6. PROBLEMS AND POSSIBLE SOLUTIONS. THE PLANS WOULD BE SUBMITTED TO THE METROPOLITAN COUNCIL FOR REVIEW AND COMMENT. WATER SUPPLY PLANS WOULD BE COMPLETED TWO YEARS AFTER COMPLETION OF THE COUNCIL'S COMPREHENSIVE REGIONAL PLAN AND LOCAL PLAN CONTENT GUIDELINES. THE AMM BELIEVES FUNDING FOR THE METROPOLITAN COUNCIL'S REGIONAL PLAN COULD COME FROM THE COUNCIL'S INTERNAL OPERATING FUNDS OR THROUGH A DIRECT APPROPRIATION FROM A STATE SOURCE SUCH AS THE WATER APPROPRIATION PERMIT FEE FUND OR THE ENVIRONMENTAL TRUST FUND. THE AMM BELIEVES THAT STATE AGENCIES SHOULD BE SENSITIVE TO LOCAL AND REGIONAL WATER SUPPLY PLANS WHEN DEVELOPING REGULATIONS THAT WOULD DIRECTLY OR INDIRECTLY AFFECT WATER SUPPLY FOR THE METROPOLITAN AREA. THE METROPOLITAN COUNCIL AND CITIES SHOULD ASSIST STATE AGENCIES AS THEY DEVELOP NEW REGULATIONS. THE METROPOLITAN COUNCIL SHOULD CONDUCT A STUDY ON POTENTIAL SUDDEN RELEASES OF NOXIOUS MATERIALS INTO THE MISSISSIPPI RIVER THAT COULD NEGATIVELY IMPACT THE WATER SUPPLY OF THE METROPOLITAN AREA. THE STUDY SHOULD IDENTIFY AND LIST THE POTENTIAL SOURCES (I.E., FACTORIES OR RAILWAY LINES) FOR RELEASING HAZARDOUS /CONTAMINATING MATERIALS INTO THE RIVER THAT WOULD RENDER IT AN UNUSABLE WATER SOURCE FOR A TIME. IV -J WASTE STREAM MANAGEMENT The problem of managing the waste stream (for all types of waste) is and will continue to be one of the major social environmental problems during this decade. We are rapidly running out of space (capacity for land disposal) in the metropolitan area and there are no general disposal facilities in this state for Hazardous Waste. We are also learning that for many materials incineration may not be a good environmental alternative to landfill disposal. 40 -42- The existing waste management system centralizes responsibility at the state level for hazardous waste but requires the cooperation and support of all levels of government and the The solid waste system for the metropolitan area is three - tiered system: cities control and regulate collection; counties are responsible for 'siting' new landfills, developing abatement plans, developing processing facilities and regulating existing landfills; and the Metropolitan Council provides grants and has regional planning and coordinating responsibilities. The systems were intended to foster and encourage abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. In spite of a great deal of cooperation and coordination among and between the various levels and units of government and the private sector, some major problems appear on the horizon. Much has been accomplished during the past decade in improving the waste stream management system. Much remains to be done and any future legislation should take into account the following precepts. J -1 INTEGRATED WASTE STREAM PLANNING The disposal of solid waste is a multifaceted problem which will require the e coo e ratio p n and participation of all levels of government and the rivate sector ector to effectively el deve to a solid waste system which is cost effective and envi onmentally sound. To achieve such a system, all elements of the waste management hierarchy (reduction, reuse, recycling, composting, incineration, landfilling) must be utilized. Further, it must be realized that an effective "system" begins before materials become "waste" and, as such, a comprehensive view of the entire life cycle of products is needed in order to succeed. -THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE." -THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY ONE ELEMENT. -THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT. +THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE, -43- COMPOST, REUSE AND REDUCE WASTE GENERATION. +LEGISLATION SHOULD BE INITIATED TO REQUIRE PACKAGING TO MEET RECYCLED CONTENT STANDARDS AND /OR RECYLABILITY, DEFINED AS RECOVERY RATES, STANDARDS. +ESTABLISH STATE REGULATIONS WHICH ENCOURAGES BEVERAGE AND FOOD RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR REUSABLE AND RETURNABLE CONTAINERS. +LEGISLATION SHOULD BE INITIATED TO REGULATE THE SALE, DISTRIBUTION, AND DISPOSAL OF NON - RECYCLABLE, NON - RETURNABLE, AND NON DEGRADABLE PACKAGING MAT ERIALS _ FEES OR DEPOSITS ON THESE ITEMS SHOULD BE CONSIDERED. . -THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL INITIATIVES IN WASTE STREAM MANAGEMENT UNLESS AN OVERALL STATE OR METROPOLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE SAME GOAL OR OBJECTIVE. -THE AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE STREAM. GIVEN THE PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS AND REFUSE HAULERS NEED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING. COUNTIES WITH ASSISTANCE FROM THE STATE OR METROPOLITAN COUNCIL SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSOTING FACILITIES AND MUST NOT DELEGATE THIS RESPONSIBILITY TO CITIES WHICH DO NOT WISH TO OPERATE SUCH FACILITIES. MINOR CHANGES MAY BE NEEDED IN THE EXISTING OVERIDE PROCESS TO ENABLE COUNTIES TO SITE THESE TYPES OF FACILITIES. J -2 HAZARDOUS AND DANGEROUS WASTE MANAGEMENT The improper disposal of hazardous wastes, through landfilling or incineration, poses a major risk of water and air pollution. Much has been done to monitor the generation and proper disposal of hazardous waste by business and industry, and these efforts should continue. However, the reduction, control and proper disposal of household hazardous wastes is a significant concern which needs to be addressed. (A.) HOUSEHOLD HAZARDOUS WASTE. THE AMM SUPPORTS A STATE -WIDE PROGRAM TARGETED TO THE REDUCTION AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING: - PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING, PROCESSING, OR DISPOSAL. -44- - EDUCATIONAL AND POINT -OF -SALE INFORMATION FOR CONSUMERS NOTIFYING THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE IMPORTANCE OF PROPER HANDLING. - INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER HANDLING AND PROCESSING. - INFORMATION TO CONSUMERS ALERTING THEM TO NON - HAZARDOUS SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS. - ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO REDUCE THE AMOUNT PRODUCED. (B.) COMMERCIAL /INDUSTRIAL HAZARDOUS WASTE. THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE -USE, RECOVERY AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH CANNOT BE RE-USED OR REPROCESSED MUST BE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOULD ALSO BE ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS USED IN THEIR MANUFACTURING PROCESSES. (C.) DANGEROUS AND OTHER WASTES WHICH POSE AN ENVIRONMENTAL PROBLEM. Re: Scrapping of automobiles, with air conditioning systems, refrigerators, home air conditioners and building insulation containing Ozone- Depleting Compounds. Chlorofluorcarbons (CFC's) and Halons when discharged into the environment deplete the earth's protective ozone layer, allowing increased ultra - violet radiation causing such harms as skin cancer, cataracts, supressions of the immune systems and damage to crops and aquatic life. CFC's in a form commonly known as Freon are widely used in air conditioning and refrigeration systems. Fire extinguishers are the primary source of Halons released into the earth's atmosphere. CFC's are often a propellent used in the manufacture of foam board insulation. CFC's are a solvent in the manufacture of electronic equipment. The recapturing and recycling of freon from auto air conditioning units could eliminate approximately 20 percent of all CFC's nationally. AMM STRONGLY SUPPORTS LEGISLATION THAT REQUIRES RESPONSIBLE DISPOSAL OF CFC'S (FREON) AND HALONS. THE AIR CONDITIONING AND REFRIGERATION SERVICE OPERATORS AND THE WASTE MANAGEMENT /DISPOSAL INDUSTRY MUST RECAPTURE AND RECYCLE WASTE PRODUCTS. ELIMINATING CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL. -45- J -3 METROPOLITAN /COUNTY RESPONSIBILITIES. As noted previously, the cities have the responsibility for waste collection including implementing and managing most recycling type programs. The other waste stream management responsibilities are basically split between the Metropolitan Council and the Counties. Considerable progress has been made in recent years in certain parts of the waste stream management system particularly those aspects for which cities are responsible. But several significant problems beyond the control of cities are becoming evident including: the inability of the counties to site needed waste facilities (landfills, transfer stations, compost sites, etc.), fluctuating and /or lack of markets for some recyclables, uneven funding among counties to run the low tech systems, and the radical variance in disposal costs throughout the metropolitan area. Some of these problems are urgent and significant changes may need to be made in the waste stream management system in the metropolitan area. Some of the current waste stream management concerns are similar to the concerns which precipitated the formation of other regional commissions. WHILE NOT RULING OUT ADDRESSING THESE CONCERNS WITHIN THE EXISTING INSTITUTIONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION. SUCH COMMISSION SHOULD INCLUDE LOCAL ELECTED OFFICIALS. MORE ANALYSIS AND STUDY IS NEEDED TO DETERMINE THE TOTAL LIST OF FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING: - OWNERSHIP (INCLUDING THE ASSUMPTION OF DEBT) OF THE CURRENT MAJOR PUBLIC DISPOSAL AND PROCESSING FACILITIES. - RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND DISPOSAL FACILITIES. - REGULATION OF DISPOSAL CHARGES (TIPPING /FEE) TO PROVIDE MORE FAIRNESS AND EQUITY. - DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS. - DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE METROPOLITAN COUNCIL. -MOST OTHER FUNCTIONS PERFORMED BY THE COUNCIL EXCEPT FOR THE PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC.). - COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES. J -4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES Cities have certain responsibilities in helping to manage and implement an effective solid waste management system including recycling programs and the collection systems. The AMM believes that to date cities, utilizing a variety of collection systems, -46- are doing a good job of managing Local Recycling and Waste Collection. THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE MANAGEMENT SHOULD REMAIN WITH THE CITIES. THE AMM BELIEVES THAT THE SYSTEM OUGHT TO BE FLEXIBILE AND BASED ON PERFORMANCE STANDARDS AND /OR GOALS RATHER THAN MANDATED TECHNIQUES. TO HELP ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE ~ CREATION OF A DISPOSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO RESIDENTS WHO REDUCE THEIR VOLUME OF WASTE THROUGH ABATEMENT, RE -USE AND SOURCE SEPARATION ACTIVITIES. J -5 FUNDING The current funding system for solid waste has a number of drawbacks: It does not encourage maximum utilization of the waste disposal hierarchy; it often gives no incentive to individual residents to participate in recycling; it does not differentiate between generators of 'clean' waste and 'problem' waste; and it has given no assurances that the main sources of funding are related to the entities incurring expenses. -AMM BELIEVES THAT THE FUNDING SYSTEM SHOULD RECOGNIZE THAT ALL METHODS OF DISPOSAL, INCLUDING RECYCLING HAVE A COST. ALSO THE TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE RECOGNIZED. -AMM BELIEVES THAT IN GENERAL FUNDING FOR THE SOLID WASTE SYSTEM SHOULD COME FROM THE GENERATORS OF SOLID WASTE THROUGH THE COST OF DISPOSAL. IN PRACTICAL TERMS, THIS MEANS THAT THE TIP FEE SHOULD BE THE GENERAL, ALL - PURPOSE VEHICLE FOR FUNDING. -IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF THE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES. -AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS. -AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING WHILE MAKING IT CLEAR THAT EVEN RECYCLING HAS A COST. -AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM AND RECOGNIZE ALL COSTS ASSOCIATED WITH THE SYSTEM. THIS MEANS A SIGNIFICANT PORTION OF THE FUNDS RAISED THROUGH THE SALES TAX SHOULD BE DISTRIBUTED TO CITIES WHICH OPERATE RECYCLING PROGRAMS. THE AMM ALSO BELIEVES THAT THE ENTIRE PROCEEDS OF TAX ON SOLID WASTE SHOULD BE DEDICATED TO SOLID WASTE ACTIVITIES. -47- J -6 ORGANIZED COLLECTION Organized collection serves as a viable and important method for municipalities to achieve solid waste abatement. It is a type of service agreement that allows cities proper regulatory power over their solid waste collection system. It provides municipalities the opportunity to choose the type of solid waste collection that would best serve their residents. 'Just Compensation' legislation is designed to limit municipalities regulatory power in the area of solid waste collection. In placing severe financial penalties on municipalities that undertake organized collection, 'Just Compensation' legislation infringes on municipalities rights to establish intangible service agreements for municipal services. -THE AMM ENDORSES THE CONCEPT OF ORGANIZED COLLECTION AS A VIABLE METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR SOLID WASTE COLLECTION SYSTEMS. -THE AMM BELIEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO BE AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR RESIDENTS. -THE AMM OPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATION PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE COLLECTION SYSTEM. J -7 HOST CITIES AND CLEANUP RESPONSIBILITIES While solid waste facilities are components of county and regional solid waste management systems, they must be located in individual cities. Because the number of facilities is limited, the effects of hosting these facilities is not equally shared among cities. Most of these effects are negative - an increased likelihood and incidence of water, soil, air, and noise pollution; and increased amount of litter and offensive odors; a greater likelihood of adverse impacts on values of neighboring properties; a need for increased maintenance on public streets and highways; and potential threats to public health and welfare in areas immediate to and along access routes to these facilities. Longer -term impacts may affect cities if the organizations responsible for facility operations cease as financially viable entities. Safeguards need to be enacted for host cities for the operations and clean up responsibilities associated with solid waste facilities. The trend within the metropolitan area has been to internalize present and future costs of solid waste management on current -48- generators of solid waste. These costs should include the extra and adverse financial impacts borne by host communities. Cities host these regional facilities because of accidents of geography. Liabilities for these facilities should be shared across the region. -THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES. -THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD BE BORNE BY FACILITY OPERATORS OR, IN THE ABSENCE OF SUCH REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE FACILITIES. LEGISLATION SHOULD FURTHER ESTABLISH THAT PROCEEDS FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND. -THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON THE PERMITTED OPERATOR AND /OR THE STATE OF MINNESOTA. -THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES. -THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES. -49- V TRANSPORTATION PAGE 50 THROUGH 59 V TRANSPORTATION V -A STREET AND HIGHWAY G ENERAL FUNDING An efficient transportation system.is a vital element in planning for physical, economic, and social development at the state, regional, and local levels. Funding for current roadway maintenance reconstruction, and construction of new streets and highways in developing areas is a significant major element of a competitive and safe transportation system. Due to past declining state revenues there has been a tendency by the Legislature to divert much needed roadway funds to state general expenditure. This trend must be reversed and funding expanded to at least pace inflation plus growth to insure high quality transporation within the state and metropolitan region. THE AMM URGES THE LEGISLATURE TO PROVIDE AN ADEQUATE LEVEL OF FUNDS SO THAT NEEDED STREET AND HIGHWAY MAINTENANCE MAY BE CONTINUED, NECESSARY NEW STREET AND HIGHWAY CONSTRUCTION MAY OCCUR, AND THE MUNICIPAL STATE AID FUND LEVEL CONTINUES GROWTH. V -B METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING Because of the large economically diverse population but rather compact nature of the Twin City Metropolitan Area, it is an absolute necessity to provide an effective and efficient public mass transit service augmented by a variety of programs,such as Rideshare and Project Mobility, to protect the economic viability of the area. Without a good transit system, the Metropolitan Highway system would not just be crowded, it would be totally inadequate. Many elderly and handicapped persons residing in the area primarily because of access to unique services would be almost totally immobile. Due to statutory constraints, there are no funding resources available for other units of government to pick up the difference if the programs are allowed to deteriorate. Therefore, legislative funding of transit programs through the RTB should be a high priority. THE AMM REQUESTS THE LEGISLATURE TO CONSIDER THE METROPOLITAN TRANSIT PROGRAMS AS HIGH PRIORITY AND FUND THEM SUFFICIENTLY. FUNDING ALTERNATIVES SHOULD INCLUDE THE STATE GENERAL FUND, MOTOR VEHICLE EXCISE TAX, THE FARE BOX PROPERTY TAX AN BOX, � D SERVICE EFFICIENCIES. V -C TRANSPORTATION SERVICES FUND. The 1991 Legislature eliminated transfer of any MVET funds to the Highway Users Fund for Highway maintenance and construction thus reversing the 1980 legislative intent to over time dedicate 100% MVET to Highways (75%) and Transit (25%). A Transportation Services Fund was created for minimal activities and with minimal funding. -50- T If the Legislature can not or will not use MVET for Highway funding then it should consider the recommendations of the Transportation Study Board and Minnesota Transportation Alliance which suggests using MVET to fund statewide transit needs and related non highway construction activities currently funded from the Users Fund. These are Dept. of Public Safety, Tourism, River Parkway, Safety Council and several others which are at best questionable gas tax expenditures. THE AMM ENDORSES THE CONCEPT OF REMOVING NON HIGHWAY CONSTRUCTION AND MAINTENANCE ACTIVITIES FROM THE STATE TRUNK HIGHWAY FUND AND THE EXPANSION OF A TRANSPORTATION SERVICES FUND FOR THESE ACTIVITIES AND A TRANSIT FUND FOR MASS TRANSIT BOTH OF WHICH SHOULD BE FUNDED FROM DEDICATED MVET FUNDS. V -D TRANSPORTATION (HIGHWAY AND TRANSIT) FUNDING ALTERNATIVES The need for both Highway and transit funding has been increasing significantly in the past several years while the resources dedicated or generally used for these purposes have either not kept pace or been diverted for other state priorities. The legislature solved the funding delemma in 1980 but unfortunately did not implement its solution. Transit needs in the Metropolitan Area have become critical since in many cases Highway expansion is physically or financially prohibitive. Capacity expansion can only be solved by transit alternatives implementation. Funding should be multi source with growth capability. Therefore, the AMM believes it is time once again to solve the problem but this time on a permanent basis. THE AMM SUPPORTS A COMBINED STRATEGY OF GAS TAX INCREASES TO KEEP PACE WITH HIGHWAY MAINTENANCE AND CONSTRUCTION NEEDS AND A DEDICATED MVET FOR TRANSIT FUNDING EXPANSION AND HIGHWAY NON CONSTRUCTION RELATED ACTIVITIES. IF THE LEGISLATURE CANNOT ASSURE STATUTORY DEDICATION OF THE MVET FUNDS THEN A CONSTITUTIONAL SOLUTION SHOULD BE IMPLEMENTED. V -E HIGHWAY AND TRANSIT INTEGRATION An efficient Transportation System consists of both high quality roadway and high quality transit opportunities. These two elements must be considered together from early planning through implementation especially in high growth Metropolitan areas where the travel needs tend to glut to excess capacity new or expanded highways as soon as they are opened for use. The AMM understands that to some degree this is done in planning and that transit is considered somewhat when determining funding priorities for highway construction, however, it is felt that the integration of highway and transit is minimal and should be significantly increased. -51- 1 ` THE AMM URGES EXISTING AGENCIES INVOLVED IN MAJOR HIGHWAY AND TRANSIT PLANNING AND IMPLEMENTATION TO INTEGRATE THESE ACTIVITIES TO ENSURE AN EFFICIENT TRANSPORTATION SYSTEM. CRITERIA USED TO DETERMINE HIGHWAY FUNDING FOR CONSTRUCTION AND EXPANSION SHOULD BE REVIEWED AND UPDATED TO REQUIRE INCLUSION OF TRANSIT MODES AND OPPORTUNITIES, WHEN APPROPRIATE. ONLY WHEN THIS IS ACCOMPLISHED WILL THE TRANSPORTATION SYSTEM BE TRULY EFFICIENT AND COST EFFECTIVE. V -F HIGHWAY JURISDICTIONAL REASSIGNMENT, TURNBACRS, AND FUNDING Many commissions, boards, organizations, and now the legislatively reconstituted Transportation Study Board have studied or are to study the possibility of reclassifying many roadways in the state as to appropriate use classifications and jurisdiction. This reassignment in the metropolitan area is estimated to shift $6.1 million annually from the state and $1.2 million annually from the counties to the cities for an increase of $7.3 million annually for general maintenance and life cycle treatment (i.e. sealcoat, overlays, etc.). Current state law provides that the state and /or county may declassify a trunk highway and turn it back to a local unit of government. The only provision is that it must be in good condition. The unit receiving the highway does not have the option to refuse title and must, thereafter, maintain the turned back road. Although reassignments or turnbacks may be added to the MSA system, there may not be enough maintenance funds for the new mileage, and the receiving city will lose the opportunity of new MSA road designation until its mileage allocation catches up to the turnback mileage. Reassignment may be appropriate, but will have a profound effect on city finances and future ability to maintain good road systems, especially if certain criteria are not met and finance alternatives established. Therefore, the AMM offers the following as a guide to continuing discussion and ongoing studies. THE AMM SUPPORTS JURISDICTIONAL REASSIGNMENT OR TURNBACK OF ROADS ON A PHASED BASIS BASED ON FUNCTIONAL CLASSIFICATION AND OTHER APPROPRIATE CRITERIA SUBJECT TO A CORRESPONDING MECHANISM FOR FUNDING OF ROADWAY IMPROVEMENTS AND CONTINUING MAINTENANCE SINCE CITIES DO NOT CURRENTLY HAVE THE FINANCIAL CAPACITY TO ABSORB THE ADDITIONAL ROADWAY RESPONSIBILITIES WITHOUT NEW FUNDING SOURCES. THE EXISTING MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON CONTEMPLATED TURNBACKS. V -G TRANSPORTATION UTILITY Many cities are experiencing aging infrastructure, especially streets which are in need of replacement but because of few funding options continue to deteriorate. Chapter 429 bonds issued without election require a minimum of 20 percent assessment. However, the courts require a benefit proof that the assessment -52- I i has actually increased the property value by the assessment value. For street replacement this is nearly impossible. Strict levy limits have prohibited full levy for the cost but further a general levy for full cost of street replacement might be very unfair to non benefiting property as well as higher valued classes of property. A general referendum to replace streets in one aging neighborhood would undoubtedly not pass in an entire city. The only remaining option is to legislatively establish a new funding mechanism that creates fairness. The best model available is a Utility district similar to one the created for stormsewers which allows assessment annually for shared use on a volumn basis. THE AMM REQUESTS THE LEGISLATURE TO ESTABLISH A TRANSPORTATION UTILITY AUTHORITY FOR CITIES TO USE FOR STREET MAINTENANCE AND RECONSTRUCTION SIMILAR TO THE EXISTING STORM SEWER UTILITY. V -H 1 3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED OFFICIALS The transportation planning process in the Twin City Metropolitan Area has been developed in response to a variety of federal and state laws and regulations. The Metropolitan Council (MC) was formally designated by the Legislature in 1974 (1974 MRA) as the agency responsible for the administration and coordination of said planning process. Included within this designation is the responsibility for long range comprehensive transportation planning commonly referred to as the 1 3C' process (continuous, comprehensive, and cooperative). Federal law and regulations at one time required that principal elected officials of general purpose local governments be part of the planning process. When the Legislature designated the MC as the transportation planning agency for the metropolitan area, it also mandated the establishment of an "advisory body" to assist the MC and Metropolitan Transit Commission (MTC), now Regional Transit Board, in carrying out their responsibilities. This advisory body is the Transportation Advisory Board (TAB) and contains 17 local elected officials among its membership of about 30 officials. Although, the Federal Regulations no longer require exclusive local official representation as the MC, they still maintain local official involvement in the MC and 1 3C' process. In addition, the current elected official participation and 1 3C' process has worked reasonably well in this Metropolitan Area. THE AMM SUPPORTS AS A MINIMUM THE CONTINUATION OF THE' CURRENT LOCAL ELECTED OFFICIALS INVOLVEMENT IN THE 1 3C' PROCESS. IF MODIFICATION IS CONSIDERED, THE AMM URGES GREATER LOCAL OFFICIAL INPUT IN THE SELECTION PROCESS OF THE TRANSPORTATION PUNNING AGENCY. -53- V -I LARGE TRUCKS (TRIPLE TRAILERS) The trucking industry has recently proposed to the state legislature to allow truck tractor -and trailer combinations of up to 110 feet on Minnesota State Highways. Due to offtracking of rear wheels, acceleration distance needs, and time and distance required for safe passing, current legal lengths are pushing the limit of safety and physical ability of our interstate and trunk highway systems. Longer tractor /trailor combinations would only exacerbate these conditions beyond tolerable limits. To upgrade the Highway System to accommodate longer units would be very expensive reducing funding resources for other much needed critical projects. Once allowed on the interstate and designated trunk route highways there would undoubtedly by pressure to provide access to various local areas which would be prohibitive in cost for local upgrading and unacceptable for safety, Therefore, THE AMM RECOGNIZES THAT THERE IS PENDING FEDERAL LEGISLATION PROHIBITING EXTENSION OF LONG TRUCKS INTO ADDITIONAL STATES, BUT UNTIL PASSAGE, URGES THE LEGISLATURE TO NOT INCREASE TRUCK TRACTOR AND TRAILER COMBINATION LENGTH LIMITS BEYOND CURRENT LIMITS DUE TO UNACCEPTABLE COST FOR HIGHWAY CONSTRUCTION AND FOR PROTECTION OF PUBLIC SAFETY. V -J CITY SPEED LIMITS A bill has been introduced which would grant cities the authority to set speed limits on city roads and streets. This policy of local authority for free standing rural or out state cities may be feasible but could be extremely dangerous and confusing in the metropolitan area. The seven county metropolitan area is made up of 140 contiguous cities and a number of townships. Because of the compactness of cities in this area, it is often impossible to determine when one has crossed a boundary from one city to the next. If one city changes its limits, its neighbor would either have to also change or post many additional signs on each street crossing a boundary. This system would be costly, extremely confusing to individuals, and might cause some legal problems in case of accidents. Therefore, THE AMM SUPPORTS SPEED LIMIT CONTROL OF CITY ROADS AND STREETS AS CURRENTLY PROVIDED BY LAW AND OPPOSES CHANGES TO GRANT GENERAL SPEED LIMIT CONTROL TO INDIVIDUAL CITIES. V -K SEAT BELTS The Legislature passed a no penalty mandatory seat belt usage law in 1986 and added some modest penalties effective beginning August 1, 1988. Originally, a violator could be stopped and ticketed for non use of a seat belt. However, when penalties were added, a non -54- a use ticket could only be issued incidental to being stopped or detained for another traffic violation. Compliance went from 32% to 45% when penalties were added. The change to ticketing incidental to another violation caused a reduction from 98,000 tickets to 80,000 tickets. THE AMM SUPPORTS A CHANGE IN THE SEAT BELT STATUTES WHICH WOULD ALLOW ENFORCEMENT AUTHORITIES TO ISSUE CITATIONS FOR SEAT BELT VIOLATIONS WITHOUT FIRST HAVING TO ENFORCE OTHER TRAFFIC CODE VIOLATIONS. V -L REGIONAL TRANSIT SYSTEM The purpose of a Transportation System is to provide mobility for people and accessibility to and for economic development and services. The most effective system will make maximum use of all transit alternatives and strategies where they are most appropriate, thus, creating a truly integrated system. Exclusive reliance on only freeways is imprudent and possibly cost prohibitive primarily due to social and economic upheaval of established neighborhoods for right of way acquisition. Transit improvements are imperative, but even with implementation of various load increasing strategies, the capacity is finite and will reach unacceptable saturation limits within the forseeable future. The AMM supports more coordination and integration of Transit and Highway planning and implementation. THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF SHORT AND LONG HAUL SYSTEMS AND BE INCLUDED IN ALL PLANNING DOCUMENTS AT ALL LEVELS INCLUDING ENVIRONMENTAL IMPACT STATEMENT STUDIES. THE LONG HAUL SYSTEM SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS. THE SHORT HAUL SYSTEM SHOULD INCLUDE A VARIETY OF MODES, INCLUDING A TAXI SYSTEM, BUSES, PEDESTRIAN AND BICYCLE FACILITIES, AND PARK AND RIDE FACILITIES, ADEQUATE TO CONNECT THE LONG HAUL SYSTEM AND REGIONAL CENTERS, MAJOR TRIP GENERATORS AND COMMUNITIES, BOTH URBAN AND SUBURBAN. BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE REGIONAL PARK AND RIDE FACILITIES FOR AUTOMOBILES, MOTORCYCLES AND BICYCLES, WITH EASY ACCESS, CONSISTENT WITH THE PLANNING OF A REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR BUS PARR AND RIDE AND LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOLS AND BICYCLES AND WALKING TO FEED THE PARK AND RIDE FACILITIES FOR EXPRESS BUSES AND LRT. -55- ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT POLICIES SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE METROPOLITAN AREA. THE FINANCING FOR THE REGIONAL SYSTEM SHOULD BE BORNE IN PROPORTION TO THE BENEFIT OR SERVICES RECEIVED. V -M MSA SCREENING COMMITTEE The Metropolitan Highway Districts 5 and 9 were combined in 1989/90 administratively to form one Metropolitan Highway District within the MNDOT structure. By law the MSA screening committee consists of one member from each Highway District and first class city. Technically, the combining of Districts 5 and 9 reduces the membership by one from the metro area. This was not intended by MNDOT. Therefore; THE AMM REQUESTS THAT THE STATUTES BE MODIFIED TO PRESERVE TWO SEATS ON THE MSA SCREENING COMMITTEE FROM THE METROPOLITAN HIGHWAY DISTRICT. V -N METROPOLITAN TAX N -1 REGIONAL TAX A number of agencies have suggested the use of a special Metropolitan Tax for various purposes. The AMM membership has had extensive discussion on this issue, and given the reality that a metro tax will continue to be considered, the AMM offers the following position: THE AMM MEMBERSHIP FEELS THAT ANY NEW METROPOLITAN TAX SHOULD BE RELATED TO A SPECIFIC NEED THAT CAN BE IDENTIFIED AS CRITICAL TO THE METROPOLITAN AREA AND THAT CURRENT FINANCIAL OR TAX RESOURCES CANNOT BE USED OR DIVERTED FROM LESSOR PRIORITY ACTIVITIES. N -2 REGIONAL TAX PRINICIPLES If it is shown that an activity is in critical need of funding and that there is no current source that can be used, then certain principles should be applied. ANY NEW METRO GENERATED TAX OR REVENUE SOURCE SHOULD NOT BE USED AS A REASON TO REDUCE CURRENT OR FUTURE STATE ALLOCATIONS FOR ANY ACTIVITY OR REDIRECT METRO TARGETED STATE AGENCY FUNDS TO OTHER REGIONS. A NEW TAX AND ITS SOURCE, TO THE DEGREE POSSIBLE, SHOULD BE RELATED TO THE USE. -56- A NEW TAX SHOULD BE IMPOSED AS BROADLY AS POSSIBLE AND TO THE GREATEST EXTENT POSSIBLE ON THE USER OR LARGEST BENEFICIARY OF THE ACTIVITY FUNDED. THE TAX OR REVENUE SOURCE SHOULD BE STABLE. THE FUNDS SHOULD BE DEDICATED TO THE STATED PURPOSE, NOT ACCOUNTED FOR IN OR THROUGH THE STATE GENERAL, FUND, AND SPENT ONLY ON METROPOLITAN PROJECTS. THE TAX OR REVENUE SOURCE CHOSEN SHOULD BE ONE THAT WILL NOT RESTRICT LOCAL GOVERNMENT REVENUE OPTIONS OR IMPACT LOCAL GOVERNMENT NEEDS FOR FUTURE CRITICAL ACTIVITIES. N -3 TRANSPORTATION TAX The AMM does feel that Transportation needs are becoming critical in the Metropolitan Area and that LRT must be examined within the context of the total Transportation system. A proposal has been brought forward by the Regional Transit Board to fund LRT AMM SUPPORTS THE CONCEPT OF A METROPOLITAN TAX FOR METROPOLITAN TRANSPORTATION NEEDS, INCLUDING LRT WITH THE FOLLOWING CONSIDERATION: (1) TAXES SUCH AS THE MOTOR FUELS, MOTOR VEHICLE EXCISE TAX, SALES TAX, AND PAYROLL TAX SHOULD BE INVESTIGATED; AND (2) THE PROPERTY TAX AND GENERAL INCOME TAX SHOULD NOT BE CONSIDERED. V -O AIRPORT POLICY In 1987 the Minnesota State Legislature adopted the "Dual- Track" strategy for airport planning. One track focuses on a new airport option; the other on improvements at the existing airport. The choice will be made when economic, operational, environmental and cost benefits studies are completed by 1996. The Metropolitan Council has identified a search area in Northern Dakota County within which a major airport could be located. Meanwhile, the Metropolitan Airport Commission must determine by the end of 1991 a long range plan to ensure capacity at the Minneapolis St. Paul International Airport. By the end of 1995, the Metropolitan Airports Commission must also identify a specific airport site within the search area identified by the Metropolitan Council. In 1996, both the Metropolitan Council and the Metropolitan Airports Commission must prepare recommendations on major airport long -term development for consideration by the Minnesota State Legislature. THE AMM RECOMMENDS AND SUPPORTS THE CONTINUATION OF THE DUAL TRACK PROCESS TO ASSURE THAT ALL OPTIONS ARE PROPERLY REVIEWED, AS AIRPORT ISSUES ARE BEING CONSIDERED. THE AMM ENCOURAGES THE METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION, -57- WHETHER CONSIDERING A NEW SITE OR REDEVELOPMENT OF THE EXISTING SITE, TO THOROUGHLY STUDY THE SOCIETAL AND ECONOMIC IMPACTS OF BOTH SITES IN THE FOLLOWING AREAS: ENVIRONMENT, SOCIAL, SITE AREA, GENERAL LAND USE AND COST. THE AMM ALSO ENCOURAGES THE METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION TO CONSIDER THE INFRASTRUCTURE COSTS AT BOTH SITES AS WELL AS THE COST - BENEFITS RATIO OF ALL CLASSIFICATIONS OF PROPERTY FOR THE AREAS SURROUNDING BOTH SITES , AS STUDIES ARE COMPLETED ON POSSIBLE EXPANSION OF THE EXISTING MINNEAPOLIS -ST. PAUL AIRPORT AND /OR RELOCATION OF THE AIRPORT TO A NEW SITE. THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES ENCOURAGES THE 1992 LEGISLATURE TO SHORTEN AND EXPEDITE THE PLANNING PROCESS REQUIRED FOR REVIEW OF POSSIBLE EXPANSION OR RELOCATION OF THE NEW MAJOR AIRPORT, AIRPORT DEVELOPMENT PLANNING AND ENVIRONMENTAL ANALYSIS. V -P BIKEWAY GRANTS PROGRAM Increased support should be provided for innovative and inter modal transportation programs. Dependency on the automobile should be lessened. All Minnesota governments should continue to encourage increased energy conservation, travel- demand management, ride -share programs, bicycle facilities, alternative fuels, and research and education for such p o ions. It is in urban areas that the attractiveness of mode the bicycle as Of trans y a transportation is maximized. Traffic calming projects have been shown to reduce the severity and number of accidents, reduce air and noise pollution and improve urban streets for non -motor users. With the increased awareness of health and fitness, the environmental benefits and cost effectiveness of bicycling, more and more Minnesotans are looking for safe and convenient bicycle transportation opportunities. Local governments have expressed interest in the bicycle grant program. IN KEEPING WITH THIS COMMITMENT, THE LEGISLATURE SHOULD RESTORE FUNDING FOR THE BIKEWAY GRANTS PROGRAM. THE MINNESOTA COMPREHENSIVE BICYCLE PLAN n RECOMMENDS THAT A GRANT PROGRAM RAM BE ESTABLISHED AND IMPLEMENTED TO DEVELOP BICYCLE FRIENDLY ZONES IN URBAN AREAS-" THIS PROGRAM WOULD INCLUDE BUT NOT BE LIMITED TO CONSTRUCTION OF BOTH ON AND OFF ROAD BICYCLE FACILITIES, PUBLIC EDUCATION, PROMOTION AND MONITORING. V - Q OPTOUT In 1981, the Minnesota Legislature established the Transit Service Demonstration Program under Statute 174.265 (which was repealed in 1984 as a demonstration program). Opt -out transit systems operate under Statute 473.388 under which they qualify for transit funs equivalent to 90 percent of the property taxes levied for transit in their communities. The legislature recognized that little of the transit monies collected from the suburbs were actually -58- r providing those areas with transit services. With changing demographics caused by suburban growth, not only was transit needed, but suburban legislative support was becoming more and more critical for continued transit funding. Opt -out was designed to fill this void by allowing suburbs at the end of efficient transit services in their areas. The Regional Transit Board (RTB) is responsible for overseeing the opt -out program. The opt -out program includes five transit systems serving 12 metro -area communities. Several issues of regional significance have been identified as areas of concern by the opt -out systems. (1.) The opt -out community taxpayers pay twice for capital equipment. The first payment is made through the debt service levy annually made by the RTB to acquire vehicles for the MTC. The second payment is made when each opt out community contracts with a service provider (presently the MTC), and in doing so, pays both operating and capital costs. The RTB should take a lead role in eliminating this inequity and concurrently promote competition between the public and private sector. (2.) The regional fare structure should be reviewed annually so that it is realistic. The opt -out systems should have the flexibility of diverging from the metropolitan fare structure, particularly if their services offer features not typically found in regular route or para transit systems. (3.) The RTB should encourage the concept of "opt -in" whereby communities otherwise ineligible for opt out may have a greater say in the type of transit service they receive from the MTC instead of "taking what they get." Such a program would foster the involvement of other municipalities which will benefit the Regional Transit System through services better matched to community needs and increased ridership. THE AMM URGES THE LEGISLATURE TO DIRECT THE RTB TO; (1) DEFINE AND ESTABLISH A REGIONAL CAPITAL FUNDING PROGRAM THAT ELIMINATES DISPROPORTIONATE PAYMENT FOR CAPITAL EQUIPMENT FOR OPT OUT AND SUBURBAN TRANSIT PROVIDERS, (2) ANNUALLY REVIEW THE REGIONAL FARE STRUCTURE AND PROVIDE GREATER FLEXIBILITY TO SET FARES COMMENSURATE WITH SERVICE LEVELS, AND (3) ENCOURAGE THE CONCEPT OF "OUT -IN" PROVIDING GREATER MUNICIPAL INVOLVEMENT IN TRANSIT SERVICES. i -59- VI ENDORSEMENT POLICIES PAGE 60 THROUGH 67 VI ENDORSEMENT POLICIES VI -A TRUTH IN TAXATION (LMC POLICY RS -4) The League supports improvements in the taxation hearing notification law designed to make the process more valuable for property taxpayers and workable for cities and other local units of government. The first change should be in the title of the process; `Truth In Taxation' is a misleading title for these notification and hearing requirements. In addition, the League believes that all levels of local government (including counties and school districts); as well as the state government, should be required to follow similar requirements for public hearings on tax and budget issues. 1. The title of the requirement should be changed to the `Taxation Notification Hearing Law'. The current title infers that there was and would be a lack of accuracy and accountability without this process. In addition, the calculations used in the process are frequently misleading and confusing, and challenge the `truthfullness' and accuracy of the information provided. 2. The requirements for parcel- specific notices should continue to be required in all counties. Use of notices which provide the tax on an individual parcel of property is the best means to show the precise impact of levy and budget decisions. 3. Local governments should be allowed to amend the levy that they preliminarily propose to the county auditor on September 1. In addition, the process should continue to apply only to a local unit's property tax levy, not its total budget. Many cities will have a difficult time realistically assessing ing their budget needs to be able to certify a proposed levy and budget by September 1st., far in advance of the beginning of the city's budget year. This early date, combined with the restriction that prevents the city's final levy from exceeding its preliminary estimate, may work against responsible budgeting and force cities to overestimate their budget needs in order to avoid potential revenue shortfalls. 4. As a state mandate, the costs of this requirement should be fully funded by the state. The appropriation made for the process for pay 1991 taxes has not been renewed. Cities must now find additional funds to finance this state - mandated process from their tight g or shrinking budgets. 5. Since the notices are sent to each property -owner and the notice must be posted within each apartment building, the newspaper advertisement requirement should be eliminated. Citizens are effectively notified of the hearings and proposed levies through h the mailed d notice. The costs of publishing -60- either a one - quarter or one- eighth page advertisement consume tax dollars which could be better spent on city services for taxpayers. 6. The League opposes the use of misleading calculations on the notices or on the property tax statement. Statistics such as the weighted average used on the generic notice for pay 1992 taxes or the homestead credit calculation on the final property tax statement are deceptive to taxpayers. The method for calculating the proposed tax increases and accurate "Homestead Credit' amounts should reflect as accurately as possible the actual year -to -year changes occurring in tax bills and state aid amounts. VI -B CITY FUND BALANCES (LiMC POLICY RS -5) The Legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain the fiscal viability of city governments, to purchase capital goods and infrastructure, and to maintain high level bond ratings. There are several reasons why cities must carry adequate fund balances. First, cities need substantial cash balances at the beginning of their fiscal year to finance expenditures for the first six months of the year. (By statute, cities' fiscal year is on a calendar year basis, running from January 1 through December 31.) The main sources of city revenue are property taxes and state aid; property tax payments are not made to cities until June and state aid is -- not provided until late July six to seven months into the city fiscal year. Without the necessary cash balance at the beginning of the year cities do not have funds to operate for the first half of the fiscal year. The alternative would be for the city to engage in costly borrowing which is not in the interest of local taxpayers or the state. The office of the state auditor has recommended that to be prudent, cities should carry an end -of- the -year dedicated cash balance sufficient to fund city expenditures for the first half of the year. Second, many cities, in order to save taxpayer dollars and avoid paying costly interest on debt, accumulate funds for major capital purchases and infrastructure. A common example is saving over a period of years to purchase an expensive fire engine or public works vehicle. In some cities, it may appear as if a city has a large reserve compared to its annual expenditures, but in reality it is "saving" for a major purchase. Confusion over this practice w has lead cities to more prudently "designate" their fund balances to clarify the intended future use of such funds. Because of the vast differences in the size of the 856 cities of Minnesota and the various local preferences in financing purchases, it would be bad public policy for the Legislature to -61- r - restrict or eliminate cities' abilities to accumulate fund balances. Third, cities need to maintain some fund balance to meet emergency or unanticipated expenditures created by situations such as natural disasters, lawsuits, and premature breakdown of vital equipment. Cities are not given the necessary revenue raising authority to be able to address these issues in the middle of a budget year. And finally, bond rating firms require liquidity and a demonstrated ability to pay debt in order to receive a favorable bond rating. Bond rating firms scrutinize city fund balances when rating bonds. The better the bond rating of a city, the lower the interest cost of borrowing are to the taxpayer. VI -C SALES AND MOTOR VEHICLE EXCISE TAX EXTENSION. (LMC POLICY RS -6) THE LEAGUE OPPOSES FORCING LOCAL GOVERNMENTS TO PAY THE SIX PERCENT SALES AND MOTOR VEHICLE EXCISE TAX ON THEIR PURCHASES. Forcing local governments to pay the state sales tax means one level of government is taxing another. This increased sales tax will directly result in increased local property taxes. In 1987, the governor proposed extending the six percent sales and motor vehicle excise tax to purchases made by cities and other local government units. While rejecting the sales tax proposal, the Legislature did accept the motor vehicle excise tax plan, effective with city purchases of vehicles made after May 31, 1987. This excise tax, however, does not apply to public safety vehicles. VI -D STATE ADMINISTRATIVE COSTS. (LMC POLICY RS -7) THE LEAGUE STRONGLY OPPOSES DEDUCTING STATE ADMINISTRATIVE COSTS FRO F UNDS APPROPRIATED FOR PROPERTY TAX RELIEF. IN ADDITION, IF A STATE AGENCY IS REQUIRED TO RECOVER COSTS THROUGH A STATE CHARGE -BACK FOR SERVICES TO LOCAL UNITS, THEN DURING ADMINISTRATIVE HEARINGS THE STATE SHOULD BE REQUIRED TO JUSTIFY THEIR CHARGES ON THE BASIS OF THE SERVICES PROVIDED TO THE INDIVIDUAL LOCAL UNITS. All state government costs should be subject to the standard appropriation review process and be funded directly by specific state appropriation, not by a broad deduction from property tax relief programs. While decisions on the necessary staffing and funding levels is for state agencies are made by the appropriations committees, tax policy decisions should be handled by the tax Committees. -62- When state administrative costs are financed through the local government aid (LGA) appropriation, funds available for property tax relief are reduced, defeating the purpose of LGA. In 1990, such state costs included the unprecedented large sum of $460,000 to fund the state auditor's office and certain department of administration functions related to local government. In the case of the state auditor's office, earmarked deductions from LGA are being used to finance over 40 percent of the auditor's state - appropriated budget, an inappropriate action in the League's opinion. Furthermore, LGA funds are being used to finance auditor and department of administration operations which do not relate to cities, but to all local governments -- counties, school districts, and townships. The LGA program is largely designed for and used by cities. Other state programs -- county income disparity aids, school aids -- largely benefit other units of local government. the League believes it is wholly inappropriate and unfair to almost exclusively tap city funds for programs which relate to all units of local government. In order to promote a cohesive and coordinated state tax policy and provide for adequate review of proposed state agency costs, it is recommended that no state agency's administrative costs be deducted from property tax relief funds. This will allow the tax committees to fully determine the level of property tax relief to be provided. VI -E COMPARABLE WORTH. (LMC POLICY GLP -2) THE LEAGUE SUPPORTS EFFORTS TO ELIMINATE ANY SEX -BASED DIFFERENCES IN COMPENSATION OF PUBLIC EMPLOYEES AND ASKS THE LEGISLATURE TO REFRAIN FROM FURTHER AMENDING CURRENT LAW UNTIL THE LEGISLATURE EVALUATES IMPLEMENTATION REPORTS IN 1992. THE LEAGUE SUPPORTS PROVIDING FINANCIAL ASSISTANCE TO CITIES IN THE FORM OF A SPECIAL LEVY OR PERMANENT LEVY BASE ADJUSTMENT FOR EQUITY ADJUSTMENTS OR A LIMIT ON THE AMOUNT OF EQUITY ADJUSTMENTS WHICH A LOCAL GOVERNMENT MUST MARE IN ANY YEAR. Following a review of implementation reports, the legislature should exempt from the law those employers for which a job evaluation system proves unworkable, such as those with too few employees or too many single incumbent job positions. The 1990 legislature enacted significant amendments to the state's comparable worth legislation. Many local governments will incur substantial costs in adjusting their implementation programs. As a result of the changes, some cities may not finish implementation by the December 1991 deadline. Further changes only months prior to the deadline would be irresponsible. Following the deadline, the legislature should evaluate the implementation reports and -63- r t consider options for providing financial assistance to those jurisdictions still deemed out of compliance with legislative goals. VI -F LIQUOR ISSUES. (LMC POLICY GLP -6) THE LEAGUE OPPOSES THE ESTABLISHMENT OF ONE CLASS OF BEER AND THE OFF -SALE OF WINE IN OTHER THAN LIQUOR STORES, The establishment of one class of beer in Minnesota would cause substantial problems in controlling the sale of beer in filling stations, grocery stores, drug stores, and elsewhere where 3.2 beer is sold. Also, with regard to a proposal for only one class of beer in Minnesota, current 3.2 on -sale establishments could be selling strong beer without the supervision and controls imposed upon on -sale liquor establishments and municipal liquor stores, or would be forced to meet most if not all the restrictions on intoxicating liquor establishments. Cities should be fully authorized to establish hours of sale and be expressly authorized to establish differing license fees for establishments having different hours of operations. VI -G WARRANTS TO TOW VEHICLES (MINNEAPOLIS POLICY) State statute currently requires that a vehicle have a minimum of five warrants before it can be towed and held until full payment of warrants is made. Lowering the number of warrants required to tow to three would discourage people from ignoring their tags. THE AMM ENDORSES LEGISLATION WHICH WOULD LOWER THE NUMBER OF WARRANTS REQUIRED TO TOW A VEHICLE FROM FIVE TO THREE VI -H ECONOMIC DEVELOPMENT AUTHORITIES (I24C POLICY DS -2) THE LEAGUE SUPPORTS LEGISLATION WHICH WOULD PROVIDE CITY ECONOMIC DEVELOPMENT AUTHORITIES WITH THE SAME POWER AND AUTHORITY AS CERTAIN CITIES HAVE RECEIVED IN SPECIAL PORT AUTHORITY ACTS. The League believes that it is unfair and unreasonable to grant greater authority and power to some cities in the economic development field and requests the following changes: 1. Authorize all cities to designate economic development areas anywhere within their jurisdiction, not as present law provides which requires that economic development areas be contiguous and meet the tax increment finance (TIF) redevelopment /blighted area test; -64- y 2. Authorize the issuance of debt with respect to project activities within economic development districts without a referendum; 3. Authorize the economic development authority to build buildings or structures on land the authority owns; and 4. Allow cities to choose the number of council representatives that will be members of the board of an economic development authority. Presently, the minimum number of council representatives is in state statutes. VI -I MUNICIPAL SERVICE DISTRICTS (LMC POLICY DS -7) THE LEAGUE SUPPORTS LEGISLATION ALLOWING CITIES TO CREATE MUNICIPAL SERVICE DISTRICTS. CITIES SHOULD HAVE AUTHORITY TO FINANCE THE TYPES OF IMPROVEMENTS LISTED IN MS 429.021 (RELATING TO THE CONSTRUCTION REPLACEMENT, AND MAINTENANCE OF SUCH THINGS AS STREETS, SIDEWALKS, GUTTERS, STORM AND SANITARY SEWERS, WATERWORKS SYSTEMS, STREET LIGHTS, AND PUBLIC MALLS, PARKS, OR COURTYARDS). BOTH SERVICE CHARGES AND AD VALOREM PROPERTY TAXES SHOULD BE AVAILABLE TO FINANCE SERVICES OR CAPITAL IMPROVEMENTS IN THE DISTRICT. Court decisions concerning special assessments have made it even more difficult for cities to use special assessments to finance public services and improvements. The Minnesota Supreme Court has interpreted the Minnesota Constitution to require not only that a special assessment project "specially benefit" affected parcels or property, but also that the city be able to prove that the market value of a property will increase in direct relation to the amount of the special assessment applied to that property. This interpretation has created particular problems for several important city functions. First, it is more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to newly built improvements. This hinders cities from meeting the widely recognized need for maintenance of the existing public infrastructure. Second, cities' abilities to finance annual operating and maintenance costs of some services to property through the use of special service charges is either unclear or non - existent under current law. The only current financing alternative to special assessments or service charges is the general property tax. But it may not be desirable to use the general property tax to finance some capital or operating expenses. For example, if a road is used almost exclusively by people living in one corner of a.city, it is bad public policy to require the cost of replacing that road be borne i -65- by all the property in the city. This is especially true if the property in the rest of the city has already been assessed for similar improvements. Or, if the central business or mall of a city benefits from more frequent snowplowing or street cleaning, better lighting, etc., it may not be good policy to have all the city taxpayers share in those expenses. VI -J ROAD ACCESS CHARGE. (LMC POLICY LUEET -3.7) THE LEGISLATURE SHOULD AUTHORIZE CITIES TO ESTABLISH, AT THEIR OPTION, ROAD ACCESS CHARGES FOR NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT. Growing communities are finding it increasingly difficult to finance construction of facilities needed for new residential, commercial, and industrial development. Assessments on developing property for sewers and streets which directly benefit the property are the most common available legal option. Often, however, there are major streets leading to new development that need to be constructed. Under current law, only the abutting benefitted property can be specially assessed, and then only for the degree of benefit. This is generally inadequate to pay for the roadway upgrades which are necessary to serve larger populations. Cities should be allowed to levy such charges on an area or per lot basis at the time subdivisions are approved, (similar to park dedication fees), or on existing open lots when a building permit is issued. For other services, the Legislature has recognized similar problems and authorized charges to provide facilities which do not directly abut the affected property. Two such instances are park dedication fees and sewer availability charges. VI -K MSA MILEAGE LIMIT (LMC POLICY LUEET -8.1) In order to more adequately represent the current eligible miles of city streets, the League supports raising the municipal state aid system (M.S.A.S.) limit to 3,000 miles. Existing law limits M.S.A.S. mileage to 2,500; total mileage currently in the system is approximately 2,300. This mileage increase for the system is necessary to accommodate cities reaching the eligible 5,000 population threshold and mileage being added by currently eligible cities. VI -L OPPOSE MARKET VALUE REFERENDA (LMC POLICY RS -1.8) The League supports repeal of the 1991 tax law which requires that all municipal referendum levies be applied to the "estimated market value" of all affected properties. -66- This law makes an inappropriate distinction between capital expenditures and operating expenditures. Both are components of total city spending and should impact taxpayers comparably. In addition, if the Legislature wants tax burdens adjusted, changes should be made in the classification system, rather than through the tax base. Inconsistent taxing systems are not justifiable to the local taxpayers. -67- League of Minnesota Cities C t all • • • i " I m es Vt IIIL Number 1 January 17, 1992 State panel may put legislative , r redistricting plan into effect The Special Redistricting Panel possible that the state court order on , 1 may act by the end of the week to put legislative redistricting will be in into effect its final order to redraw effect soon, cities should anticipate state senate and house district bound- requirements to complete local ' aries. Cities and other local units of redistricting plans, perhaps as as soon government need to take notice of as Tuesday, March 17 (which would be such actions since they must be 60 days from Friday, January 17), the r prepared to respond to requirements to date by which the state court final ' complete local redistricting once redistricting order may go into effect. legislative redistricting is complete. Last week the U.S. Supreme Court Cities must establish new precinct set aside the previous order the and/or ward boundaries within 60 days Minnesota federal district court issued of the date on which legislative r _ redistricting is effective. Since it is See Redistricting, page 3 Lobbying costs reporting orm g League to submit LMC dues for all cities Cities will not have to individu- bership dues for the League. Other ally report their League of Minne- payments for lobbying services for sota Cities dues when completing constituency groups of the League, the local government lobbying cost private contracts for Legislative r form distributed by the Office of the representation, or employees who State Auditor. lobby should be reported on this form. The League has again arranged This is the second year the Office thftcost4 if it is part a-, with the auditor's office to submit a of the State Auditor has done the ' list of all member cities and the survey. The Ixgislatur�! requires the necessary information for their auditor to collect this information and League membership for calendar report back during the legislative • year 199 L sessior When completing the "lobbyist 7h reporting form has been sent disbursement report," cities will, to atLcieies; the deadline for submit - therefore, not need to report rnem- ting the form is January 31, 1992. SH See welatedstory ost page 4-t t The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legis- lative, administrative, and congres- sional actions that affect cities. It also includes reviews of metropoli- C ontents tan area issues by the Association of Metropolitan Municipalities. League legislative staff members are available to answer your questions 1 I Governor vetoes bill delaying primary concerning legisla don relating tocit- 1 / State panel may put legislative redistricting plan ies. into effect 1 / Lobbying costs reporting form The Bulletin lists League and AMM / Local aid veto override fails in house authors of articles and bill summa - 3 / ADA compliance date ries by their initials. 4 / Legislature delays presidential primary 5 / Pay equity deadline 6 / POST Board seeks changes in part-time peace Laurie Behrends - -LB officer system Gayle Brodt - -GB 6 / Wetlands training program Tim Busse - -TB 7 / Annexation is topic of Senate meeting Gary Carlson —GC 7 / Mayor Chuck Hazama elected to NLC board Jean Mehle Goad - -JMG of directors Sarah Hackett - -SH 7 / MPCA seeks input Carla Heyl - -CH 8 / Celebrate National Youth Service Day Ann Higgins - -AH 9 / Conferences Joel Jamnik - -JJ 9 / GASB publishes implementation guide Darlyne Lang - -DL 9 / Grants available to collect used oil Sherrie Le - -SL 9 / 1992 Directory of Minnesota City Officials Debra Nyberg - -DN 10 / Bill Summaries Stanley Peskar - -SP 11 / Municipal ads Roger Peterson - -RP Scott Riggs - -SR Donald A. Slater - -DAS Jim Stigman - -JS John Tomlinson - -JT Peter Tritz - -PT League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 (612) 227 -5600 Fax (612) 221 -0986 Page 2 Printed on recycled paper LMC Cities Bulletin Local aid veto override fails in house City resolutions needed supporting local government trust fund On January 14, an effort by the With the loss on this vote, it is The League urges cities to Minnesota House of Representa- urgent for the Legislature to pass a quickly adopt resolutions on this issue tives to override the governor's new bill for distribution of the local and send copies to their Representa- veto regarding the future distribu- government trust fund. The League tives and Senators. These resolutions tion of aid to local governments supports passage of a bill which would should urge legislative adoption of a future local government trust fund distribution of local aids fell three specify the same language as the distribution which dedicates the fund votes short. original 1991 omnibus tax bill, before to city, county, and township property The governor's veto cancelled the line -item veto. This language tax relief. The fund should not be a section of the 1991 omnibus tax would insure the integrity of the trust raided to balance the state budget or bill which specified the growth in fund and provide good growth for city to pay for non - related state general property tax relief aids from the aids. Alternatives which are offered fund expenditures. It is important for local government trust fund for are likely to provide less city aid, more cities to tell legislators that, despite calendar years 1993 and 1994. property tax increases, and an attack the defeat of the veto override, the Rep. Paul O same aid distribution provisions from gren's (DFL - Aitkin) on the entire concept of the trust fund the 1991 tax bill should be used for motion to override lost on a 87 -45 as a dedicated revenue source for the trust fund. SH vote, just short of the 90 votes property tax relief aids. required for passage. Redistricting, continued from page 1 ' AAA which had suspended the authority of The League will continue to compliance the state redistricting panel to act on monitor redistricting actions and keep redistricting. The action by the U.S. cities informed of the latest develop- date Supreme Court left the state court free ments. A congressional redistricting to proceed on legislative redistricting. plan has not been enacted. The If the Special Redistricting Panel governor vetoed the plan okayed The October 11, 1991 issue acts by Friday (January 17), cities earlier this week by the state Legisla- of Cities Bulletin cited a March should be prepared to complete ture. Nonetheless, cities must redraw 26, 1992 date for buildings and redrawing local precinct and/or ward local precinct and/or ward lines once facilities to be accessible (if boundaries within the 60 -day the Legislature is redistricted. If accessibility can be done timeframe state law provides (Chapter congressional redistricting occurs at a through non - structural changes) 349, 1991 Session Laws). 'llie later date, cities affected by those under the Americans with t attorney general and the Hennepin changes may have to adjust precinct disabilities act (AI)A). county attorney will advise the boundaries to accommodate those new This date was a transition secretary of state and county election congressional district boundaries that period in the proposed regula- officials on the question of the time- cross newly established city precinct tions. In the final regulations, frarne for local units of government to lines. All however, the 60 -day transition complete their redistricting activities. period was omitted. As a result, cities must assure that people with a disability have access (if accessibility can be done through non - structural changes) by January 26, 1992. ,January 17, 1992 Printed on recycled paper Page 3 Legislature delays presidential rimar � y � 11ie house joined the senate preference in 1996 when signing the ballot privacy issues took a back seat during the last hours of the brief voter roster. The amendment was to arguments by those who said that January session to approve postpone- offered by Sen. McGowan (Dist. 48- the primary gave citizens a voice in ment of the presidential primary. Both Maple Grove). (That change was not the selection of presidential candidates bodies overwhelmingly endorsed adopted in the final version of the bill and provided a meaningful alternative proposals to delay the primary for four approved on Wednesday, January 15.) to the precinct caucus system. Years. The postponement will give Those voting against postponing While supporters in the LeQisla- supporters and critics the chance to the primary were Sens. Doug Johnson, ture said that the governor would veto address problems with the current law Ron Dicklich (author of the original any effort to repeal it, there w ere establishing the first such primary for proposal to create the presidential indications at mid -week that lobbying :Minnesota since 1956. Majorities in primary), Don Frank, Duane Benson, by local officials and organizations both bodies were large enough to Larry Pogemiller, Florian such as Common Cause and members assure that a veto by the governor Chmielewski, Bill Belanger, Pat of the Dyrstad Commission on State - could be overridden. (House: 103 -28; McGowan, Fritz Knaak, and Richard Local Relations were having some Senate: 45 -10, final vote on January Cohen. Postponement of the primary effect in dissuading the governor from 15.) was never strictly a partisan issue, with his earlier comments that he would Committees in both the senate and lawmakers in equal proportions in both probably veto legislation to cancel the house had recommended postpone- caucuses voting for and against a primary. By Wednesday, the governor rnent of the primary, which is sched- delay. (Of the ten senators who voted and his staff were expressing the view uled to be held on April 7. Commit- to support holding the primary as that the matter was under continuing tees approved and sent to the floor scheduled, six were cast by members discussion and that a final decision had measures to delay the primary until of the DFL caucus, four by those not been made. 1996. belonging to the I -R caucus.) Additional anxiety arose, how - In the senate, local officials, as The house took up the Senate- ever, over delays in House floor well as die President of Common passed bill late Wednesday, January action. Failure to take up the pri Cause in Minnesota, testified for three 15. The house companion measure, mary on Tuesday and Wednesday led to hours to underscore problems with the H.F. 1731 (Lasley), had passed out of speculation that the House would vote current law and to object to require - the House General Legislation late in the week to postpone the menu for conducting the primary at Committee last week on a vote of 13- primary, signaling that lawmakers the local level without adequate state 5. After two hours of debate and were responding to local government funding, several attempts to amend the bill, concerns. But action late in the week The Senate Elections Committee lawmakers agreed that the current would permit the governor the oppor- initially decided to recommend again method of conducting the primary is tunity to veto the postponement after that another attempt be made to unworkable and costly. the lawmakers have gone home. By conduct the primary by statewide mail. Concerns mounted during the the time they returned in February, ballot at state expense (the committee week as controversy increased over would be too late to consider ovrrid- had previously recommended such a whether or not to delay the primary. ing the veto because local government method be used for conducting the Local government objections to the would have already begun preparations primary during the 1991 session). But lack of state funding and failure of to conduct the primary. AH die Senate Finance Committee voted primary supporters to address voter/ u> postpone the primary, arguing that the state budget could not be tapped for additional spending. Lawmakers h qty Products and Services Guide a concerns d conces about conducting a rust statewide mail ballot for candidates in the short time remaining before April The Statewide Directory of 7. On Monday, January 13, the Saves you time and money when shopping for services Senate voted 57 -10 to approve S.F. or products. 1598, authored by Sen. John Marty (Dist. 63- Roseville), to postpone the Use the Guide and watch it work for your city. primary after adopting an amendment For a co to eliminate requirements for voters to PY call the League at 227 - 56(x. indicat their political party ballot Page 4 Printed on reryc,'ed paper LMC (.sties Bulletin Pay equity deadline au proaching Reporting requirements He also determined that the months to comply with the new By now you should have received procedures for adopting the rules were criteria and tests. Because of that, and the pay equity compliance forms from not properly followed because a fiscal the finding requiring the rules to be the State Department of Employee note was not prepared notifying republished, he said that there are Relations. The forms were developed jurisdictions of potential costs. Based questions as to the enforceability of assuming the administrative rules on this latter finding, the ALJ deter - the rules. This points directly to the would be in place sometime in January mined that the rules must be repub- question: Is it reasonable for DOER to with little or no substantive changes. lished. DOER is still discussing this enforce compliance with standards Because the pay equity act issue with the ALJ's office. without providing sufficient notice and requires reporting by January 31, Assuming the finding stands, this time to comply with them? 1992, cities must complete the forms will result in a delay in the final Along with these findings, the regardless of the status of the rules. adoption of the rules and in reviewing ALJ said that the commissioner has "Ilie pay equity act requires that cities compliance. It does not however, the discretion to establish an alternate report certain information. This delay the compliance date nor does it date for compliance in accordance information includes "any other delay the January 31 reporting require- with Minn. Stat. 471.9981, subdivision information requested by the commis- ment. 6(a). It is our understanding that the sioner." In fact, the findings of need and Attorney General's Office has advised The act also states that if a reasonableness for the various provi- DOER that this statement is an subdivision fails to submit a report, the lions of the rules will likely mean that inaccurate interpretation of the law. Commissioner shall find the subdivi- the rules as proposed will eventually There is now a question as to sion not in compliance with subdivi- be fully adopted. whether the ALJ would have deter - sion 6 (penalty for failure to imple- Many cities are concerned about mined a different resolution to the ment plan) and shall impose the being found out of compliance with problems of tuning he found had he penalty that subdivision prescribes. some of the newer provisions of the not thought that DOER could extend That penalty is five percent of your proposed rules. Some of these the date for compliance. local government aids or S 100 per day, provisions involve `other tests" If cities are found out of compli - whichever is greater. jurisdictions must pass in order to be ance based solely on the new tests and The Department of Employee found in compliance. Many of these criteria, we believe the findings of the Relations (DOER) has recently tests, such as the salary range test for ALJ can be used to support an exten- notified the League that jurisdictions example, were first communicated to sion with DOER under Minn. Stat. having no employees who meet the us this past fall, and are not specified 471.998 1, subdivision 6(c). Under this definition of a "public employee" by the act. subdivision, jurisdictions can be given under PELRA will not have to The fact that these rules, espe- a reasonable time to implement complete a report. This definition can cially the provisions specifying the changes to achieve compliance. If you be found in Minn. Stat. 179A.03, "other tests," were not in place before would like a copy of the ALI's report, subdivision 14. If you have any the December 31 deadline for compli- please contact the League. employees who meet that definition, ance did not escape the notice of the you must submit a report by January ALJ. Assistance 31. The ALJ found that several of the If you need assistance in complet- criteria or tests departed from previous ing the compliance report, or want to Administrative law guidelines or direction from DOER. discuss additional information you IIe also found that these tests could judge's ruling result in a failure to comply even in could provide to support your position, "I7ie Administrative Law Judge circumstances where the jurisdiction contact Sherrie Le at the League. You may also contact Sherrie if would have complied with the law (ALI) who reviewed the rules for you need assistance explaining to compliance with the administrative under previously articulated criteria DOER why you feel you are in procedures act has determined that the and tests. nce or if you need to redo ia rules were needed and reasonable. He continued by finding that some compliance your compliance work. SL jurisdictions have had less than six .January 17, 1992 Printed o.s recycled paper P age 5 POST Board seeks changes in part -time peace officer system The Minnesota Police Officers point, the claim that part -time officers when a complaint is received. POST Standards and Training (POST) Board are not adequately supervised, has Board staff contend that they face an is seeking clarifications in the part- been used as an argument for the impossible task of tracking hourly time peace officer system, and elimination of part-time officers. totals of the more than 1,200 part-time presented their proposals to League POST is proposing legislation that officers licensed in the state. representatives at a recent meeting. At will require all part -time officers to be To address the problem, POST is the top of the POST legislative agenda supervised by licensed peace officers. proposing a requirement that agencies are issues surrounding part-time Any supervision agreements and record the number of hours that part- officer supervision and the current structures between agencies would time officers work and provide those 1,040 hours per year service restriction need to be in writing. In addition, records to POST upon request. To on part -time officers. POST is seeking authority through help avoid the problems raised by Current Minnesota law calls for administrative rules which will ensure officers working for more than one direct or indirect supervision of part - that those who supervise part -time agency, POST recommends that time officers by a fully licensed officers have accountability for those officers working for more than one officer. However, the statute does not officers. In general, language would agency to disclose to each agency their provide a concrete definition of what be changed or added as needed to clear affiliation with other agencies. When constitutes adequate direct or indirect up the ambiguity in the current statute. working for multiple agencies, part- supervision. The result, according to Part-time officers are currently time officers would be responsible for POST, is varying levels of part-time limited to 1,040 hours of work in a tracking hours and ensuring compli- officer supervision throughout the year. However, the restriction on ance with the 1,040 hour service state. Some agencies allow part-time hours is seen as toothless as monitor- restriction. officers to work only in the direct ing is uncoordinated and no sanctions POST has not yet offered a presence of a licensed officer, while are provided for officers who go over proposal for specific statutory lan- others allow part -time officers to work the limit. The responsibility of guage changes, and the League will alone with minimal radio contact with monitoring the hour limit presently continue to work with POST as these licensed officers. falls to the employer, and POST proposals move through the legislative Additionally, the issue of part- investigates possible violations only process. TB time officer supervision, or more to the Wetlands training program Wetlands, wetlands, wetlands. This is not a technical training 9:00 a.m. to 3:00 p.m. Information That's all one hears about lately. session. will be sent out by the end of January We know that you are swamped, Unfortunately there is limited directly to city officials. Due to inundated, and busy. I Iowever, the attendance. No more than one or two limited attendance, we hope cities will wetland interim program is another people from each interested local take the responsibility to appoint responsibility that is being handed government will be selected to go to a someone to attend the session. The down to you. session. These people are then respon- appropriate person will then be Cities will be responsible along Bible to share the information with notified. with other local government units for colleagues. The Minnesota Association of Soil the interim program. This voluntary The sessions are from February 18 and Water Conservation Districts training; session is designed to be as to March 25. They are to be held in (MASWCD) and Board of Water and beneficial and informative as possible. your area and divided into four or five Soil Resources (BWSR) will run the It will define your responsibilities and counties. The meetings will be from sessions. .1.1 aid you in producing policy decisions. 0 Page Printed on recycled paper � LMC Cities Bulletin Annexation 'I's topic of Senate meeting Annexation and other government showing specific examples of cities only one appeal from about 70 orders boundary adjustments were the hindered by the current system. Other was made to District Court and The subjects of the first meeting of the problems highlighted in the Briggs and Board has denied only four of about Senate Local Government Committee Morgan study include the likelihood 600 petitions in the last three years. In on January 7. The Committee heard that annexation will fail if there is addition, Merritt highlighted the testimony on both sides of Sen. Randy township opposition, the apparent emphasis the board places on local Kelly's bill (S.F. 1013) which would statutory or procedural bias against resolution. lie cited the 61 joint significantly change the annexation annexation, and the heavy cost the agreements the board has helped draw process for cities and townships. system imposes on local taxpayers and up since 1989. Kelly's bill, which was introduced the state. The Local Government Commit - late and never made it out of the Local The bill introduced by Sen. Kelly tee did not vote on the bill, and if the Government Committee last session, would simplify the annexation committee revisits the issue, it could proposes the elimination of the procedure by automatically approving be considering an entirely different Minnesota Municipal Board and all proposed annexations if there is no bill. Both sides agreed to continue transfers the annexation responsibili- objection within 30 days of the working together and neither ruled out ties of the board to the State Office of proposal. If an objection is raised, an the possibility of a compromise Strategic and Long Range Planning. administrative law judge would decide solution to the dispute. Sen. Kelly Zlic bill also provides for appeals to be the matter using the same criteria the closed the meeting by warning that if heard by an administrative law judge Municipal Board has used in making the annexation issue isn't worked out under the Administrative Procedures its decisions. The bill specifies that this legislative session, the reappor- Act (APA), rather than by the board the only parties that may object to a tioned 1993 Legislature would address which is exempt from the APA. proposed annexation are the affected the issue in a much more aggressive Critics of the current annexation township or municipality. In addition, manner. TB process complain that it's too difficult no objection would be allowed if the for cities to annex developed or land to be annexed is owned or developing land, and that the system is completely surrounded by the munici- too political. Sen. Kelly contends that palit Mayor Chuck Hazama the makeup of the Municipal Board is Opponents of the bill stressed the elected to NLC board clearly political, which allows the importance of local representation that process to take on partisan overtones. the current format provides, and the of directors Three members of the board are higher costs associated with the use of governor appointed and serve six -year an Administrative Law Judge. The Rochester Mayor Chuck Hazama terms, and die remaining two members Minnesota Municipal Board staff and a µ'as elected to serve on the board of are county commissioners from the town board member from St. Cloud directors of the National League of county where the annexation is Township testified in opposition to the Cities at the NLC Congress of Cities in proposed. bill. December. His election occurred as the Supporters of Kelly's bill refer- Director of the Municipal Board League concluded its 1991 annual enced a study commissioned by the Terry Merritt argued that the current meeting. Coalition of Greater Minnesota Cities system succeeds in doing what it was Hazama, who chairs NLC's Asian and the League of Minnesota Cities created to do 33 years ago. Last year, Pacific American Municipal Officials (APAMO) caucus and has served on MPCA seeks input several NLC policy committees and special task forces, will serve a two - The Minnesota Pollution Control soil treament monitoring, and lead year term on the 40- member board. Agency (MPCA) is seeking input as treatment administrative and reporting A total of 19 elected municipal they prepare rules relating to the procedures. officials and live state directors of treatment of petroleum contaminated Anyone interested in commenting state municipal leagues were elected to soil removed from leaking petroleum on the subject should do so by Febru- the NLC board at the Congress of storage tank sites and spill cleanup ary 5, 1992. Comments should be Cities, along with new officers for sites. directed to Minnesota Pollution 1992. In addition to new NLC Presi- Specifically, the MPCA is Control Agency, Hazardous Waste dent Glenda Ilood, Mayor Don Fraser considering rules which include Division, Christopher G. Zadak, 520 of Minneapolis will serve as first vice criteria for approval of land treatment Lafayette Road North, St. Paul, president, and Mayor Sharpe James of sites, land treatment procedures, Minnesota 55155, telephone: (612) Newark, N.J., as second vice presi- contaminated soil storage procedures, 297 -8315. dent. January 17, 1992 Printed on recycled paper Page 7 NationalYouthService C7 Celebrate National Youth Service Da On April 28, 1992, communities special recognition. Governor Carlson in Minnesota and across the nation will be sending certificates to those ' will gather to celebrate National Youth programs which meet high standards �� N Service Day. The League of Cities, and will be recognizing the top along with the Minnesota Association programs at a ceremony at the state League staff has discussed the of Mayors, the state Department of capitol. Programs nominated to possible designation of local youth Education, and the National Youth receive the Governor's recognition by their city's council as honorary Leadership Council urge Mayors and will be listed in the Cities Bulletin in council members in order to City Councils to honor youth in their April. familiarize them with local govern- arrt and recognize the positive ways Recognition on the local level can ment. This is but one example of in which young people contribute to be as simple as incorporating youth how cities can acknowledge young their communities. service recognition into an existing people as important community As part of the Minnesota city celebration such as a parade, or resources. Governor's Youth Service Recognition acknowledgment at a City Council For more information or proeram, the Department of Education meeting followed by a reception. The nominating forms, please contact will be sending nomination forms to National Youth Council has a number the National Youth Leadership school superintendents and directors of of local recognition ideas, all of which Council, 1910 West County Road B, non - profit youth serving agencies to encourage, promote, and celebrate Roseville, Minnesota 55113, phone nominate youth service programs for youth service in Minnesota. 631 -3672 or (800) 366 -6952. Dear League Member: I invite you to join me this spring in a statewide effort to recognize youth volun- teers involved in serving our communities. The recognition and publication of local youth service programs will encourage young people to serve, and heighten aware- ness of the many ways young people contribute their time, talents, and energy to make a positive difference in the cities of Minnesota. 1 encourage you to recognize and honor the young people in your area who volunteer time and energy to the community. You may plan an event to coincide with existing recognition efforts on the national, state, or city level. Nationally, April 28 has been designated National Youth Service Day. In Minnesota, events include the Governor's Youth Service Recognition (see notice regarding the nomination process) in May and Minnesota Volunteer Recognition Week, April 27 -May 2. You may also choose to incorporate the recognition of local Youth Service Programs into existing spring or summer celebrations in your city. I look forward to your participation as we celebrate the hope and promise and contributions of Minnesota youth in 1992. Sincerely, Robert J. Demuth, President MN Association of Mayors Page 8 Printed on reeyeled paper LMC Cities Bulletin Conferences N11INVA holds technical conference The Minnesota Rural Water thing about pumps;" information on backwash discharge rule; sexual Association (MRWA) is holding the meter installations; calculating water harassment policy; safe drinking water, eight annual MRWA technical confer- storage damage; working with brass act regulations; and pro- active grass ence on March 3 -5, 1992 at the St. and copper fittings; variable speed roots legislative networking. Cloud Civic Center. The conference is drive motor options; working with For more information contact for public water and wastewater asbestos within your system; proper Minnesota Rural Water Association, personnel. disposal of heavily chlorinated water; R.R. 2, Box 29, Elbow Lake, MN Conference topics include a disinfection of wells; corrosion tests; (218) 685 -5197. training course on "practically every - MACTA sets dates for ninth annual cable conference The Minnesota Association of Conference topics include DBS -- fully marketing access; cable lingo Cable Television Administrators high power direct broadcast satellite, 103, the conclusion of a layperson's (MACTA) is holding a conference beginning in 1994; enforcement and guide to cable; and speaking out for called "Getting a Jump Start on Cable administration of your franchise; cable the consumer. Issues," on January 31, 1992 to lingo 101, a layperson's guide to cable; Registration deadline is January February 1, 1992 at the Radisson cable vs. Telco: it's my party(line); 24, 1992. Executive Conference Center and negotiating with your cable operator; For more information contact Hotel (formerly Scanticon) in Ply- cable lingo 102 - -a continuation of a Linda Magee, MACTA (612) 782 mouth. layperson's guide to cable; success- 2812. GASB publishes implementation guide Grants available to The Governmental Accounting tion guide is in a question- and -answer collect used oil Standards Board (GASB) has pub- format, most of which was developed lisped an implementation guide to aid from technical inquiries received by Minnesota counties, towns, and financial statement preparers and the GASB staff. cities are eligible for grants of up to attestors in applying GASB statement Copies of the implementation $5,000 ($2,500 per tank) to purchase 3, "Deposits with Financial Institu- guide are available for $20 ($16 for and install storage tanks for the tions, Investments (including Repur- members of the Financial Accounting collection of used crankcase oil from chase Agreements), and Reverse Foundation - -GASB and academics) the general public. Repurchase Agreements." from the GASB order department, P.O. Any local government that wishes The material in the implementa- Box 30784, Hartford, CT 06150. to provide used -oil collection service to the public and whose tank meets 1992 Directory of Minnesota City Officials federal, state, and local laws and ! regulations is eligible to apply. A grant The Directory contains: Directory Updates of $2,500 is available for each tank, • Names of all city officials and Updates to this directory will be and each county or city may receive department heads in Minnesota available in May and September for the . up to $5,000. Private entities are not • City hall street addresses and zip following information: Names of eligible to receive grants, but may codes mayors, managers, clerks, and • Designation of Plan A and Plan B councdmcmbers and city hall addresses, operate collection tanks and services cities phone numbers and fax numbers. for governmental units. Grants are • Council meeting dates The directory purchase price expected to hL awarded in spring 1992. • Telephone numbers of city hall or city includes the updates. For more information contact the clerk, when available Please send changes to Laurie Office of Waste Management (612) • Population estimates from the 1990 Audette, I,MC, 183 University Ave. E., 649 -5750 or (800) 652 -9747 toll -free federal census St. Paul, MN 55101 -2526. in Minnesota. • Legislative and congressional districts January 17, 1992 Printed on recycled paper Page 9 Bill Summaries ' Indicates League support or general conformance to League -policies. Economic development Local government trust fund for additional distribution for this Bloomington port authority distribution. II.F.1789 (Schreiber) purpose. , membership. S.F.1633 (Belanger) would provide a new distribution In addition, the trust fund would would assign membership for the design for fiscal years 1994 and 1995 distribute $852,000 for fiscal year Bloomington Port Authority. The for growth in the two cents of state- 1994 and $660,000 for fiscal year authority would have seven commis- wide- collected sales tax receipts which 1995 to the commissioner of revenue sioners, including the mayor and a city is going into the local government to pay for the administration of the council member. Effective upon trust fund. The fund would first pay local option sales tax (the additional actions by the city council. Six year the 1992/93 levels of the homestead one -half cent sales tax passed by terms are phased in. SH and agricultural credit aid (HACA), counties), and $200,000 for the disparity reduction aid (DRA), and biennium to the commissioner of Finance and taxation miscellaneous aids and credits. Then finance to administer the local govern- the bill would provide funding for 25 ment trust fund, and $50,000 for the Local government trust fund percent of the county income mainte- biennium for per diem expenses of the distribution. S.E1664 (Doug John- nance human services program. non - legislative members of the ACIR. son, Reichgott, Price, Riveness, Traub) (Current Iaw has an appropriation that SH is identical to the distribution of the would continue the fiscal year 1992/93 Use of Minneapolis sales tax trust fund which was included in the distribution for LGA and equalization revenues. H.F.1757 (Jefferson) would 1991 tax bill, before the governor's aid for 1994 /95.) allow the revenues collected for the veto. Seventy -five percent of the local Minneapolis sales tax to acquire, For fiscal years 1994 and 1995, 67 forecasted increase in the trust fund design, equip, construct, improve, percent of the expected growth in the would pay up to an additional 10 maintain, operate, and administer two cents of statewide- collected sales percent of the income maintenance neighborhood school readiness centers tax receipts which is going into the program costs for fiscal ears 1994/95 Effective on approval pproval by the city trust fund would first pay for certain class rate reductions (homestead and (approximately $39 million of the trust council. SH fund growth would go for this pro - Excess levy authority for agricultural credit aid, HACA) which gram) and necessary increased aid for Otsego. S.F. 1604 (Adkins) would were included in the 1991 tax bill, and the HACA, DRA, and several miscel- allow the newly incorporated city of then to the counties for the income laneous aids and credits. If the funding Otsego (Wright County) to be exempt maintenance human service program. available for the increased aid is not from the levy limit penalty for their Approximately $17 million of the trust adequate for the scheduled increased excess 1990 levy, payable in 1991 of fund growth would be used for this costs, the bill would proportionately $63,707. Effective on approval by the program. The remaining 33 percent of reduce the distribution to each pro- city council. SH growth in the trust fund would provide grain. If any revenues remain after full Ramsey County cooperation/ growth for the local government aid payment for these items the Legisla- consolidation study extended. program (LGA) and equalization aid ture would determine distribution of S.F.1658 (Cohen, Kelly, Marty, Novak) (provided there is no formula recom- the remaining amount. The other 25 would continue the Ramsey County mendation from the Advisory Com- percent of the forecasted increase in local government services study for an mission on Intergovernmental Rela- the fund would be either distributed to additional two years. Another report tions), IIACA, disparity reduction aid LGA, IIACA, and the other aid on the ro ress and finding (URA }, and other miscellaneous aids p g �� of the programs if the ACIR has made no study would he due to the Legislature and credits. About $85 million would other program recommendations. by November 15, 1993. Sit be available for additional distribution About $64 million would be available through these programs. SH Page 10 Printed on recv; led Paper LMC Citie Bulletin Munici a. ds operations. Serves 5,000 electric meters and Jfunicipal ads are printed at no charge to member cities. Ads rvn in one issue only unless notice 2,700 water meters. Wastewater treatment plant is is received to run a second time. "rhe Cities Bulletin is published weekly during the legislative Class A plant. Requirements include five years session and twice a month during the interim, the time betwa n sessions. ;!Municipal ads will experience in management of electric and public appear in the next available Cities Bulletin. Cities have the right to reJea any or all bids on works operations and a BSE electric engineering equipment or proposals, and !o waive any informalities therein. Minnesota cities are equal degree desirable. Competitive salary and benefit opportunity employers package. 1991 salary range is $45,000 to $53,000. Send resume and salary requirements to Richard Grabow, City Administrator, P.O. Box Positions participate with other divisions, departments, and 647 Detroit Lakes, MN 56502 before February staff to identify, evaluate, and develop adminis- 25, 1992. CITY ADMINISTRATOR. Hugo, MN (pop. trative programs and procedures which improve 4,500). Statutory flan B city. One admitustrator performance. Qualifications include undergradu since 1956. Assist mayor and five - member ate degree in accounting, finance, business, or For sale council (one elected at large and three from public administration (an MBA or CPA is FIRE TRUCK. The City of Ho Lakes has wards) and direct individual departments and desirable); a high degree of technical, financial, Y contract services. Supervise five full -time for sale a 1961 International Fire Truck (general and accounting competence; four to sit years of emplovees and several part-time employees. progressively responsible positions in the public safety, 750 gpm pumper) with a three stage $950,Oo O general fund budget with a capital fund waterous pump. Bids will be accepted until or private sector; knowledge of governmental Februar 18, 1992 at 2:00 m. For a bid form budget of $130,000. Involved in overall policy accounting, fund, and account structure; Y P• development, managing contract services and and to make an inspection appointment contact knowledge and experience with automated Lynn Mugge, Fire Chief, City of Hoyt Lakes, play a key role in residential and industrial financial accounting systems and procedures and development activities. Qualified candidate Hoyt Lakes, MN 55750 (218) 225 -2344. Hoyt micro- ice; excellent spreadsheets; management should have a B.A. degree (M.A. preferred) in experience; excellent communication skills; Lakes reserves the right to award this bid in the public adninistration or related field plus five best interests of the city and to waive any strong cash management skills: knowledge of the irregularities there. }ears progressively responsible municipal property tax system; and knowledge of financial g sovernment experience and a comfort level with requirements ETRODOM LIGHTS. The City irements for federal and state grant Hamburg has purchased the recently replaced of working in a ruraUagriculturaUurban environ- administration. Starting salary is $44,000 to mcnt. Staning salary $35,000 to $45,000. Send metrodome lights. Excellent for baseball or $55,000 depending on qualifications. Applica- football fields. For more information call Wendell resume by 2114/92 to James Brimeyer, President, pons accepted until 5:00 p.m. January 21, 1992. at (612) 467 -3185. The Brimeyer Group Executive Search, One For more information and to apply call 291 -6368. MINI PUMPER/RCUE VEHICLE. The ASStSTAN"I' DI DIRECTOR R O OF FINANC E. FS I'cnth Ave. S.,1 s, MN TDD 291 -0904. AA/EOE City of Brooklyn Park has for sale one mini F FINANCE. FINANCE DIRECTOK. The City of Crystal 1 The city of Eagan (population 50,000) is seeking pumper /rescue vehicle. It is a 1979 Chevrolet is seeking a finance director. Responsibilities Custom Deluxe C60 with all aluminum apparatus an assistant director of finance. Duties include include planning and directing financial sulkrvising and directing day -to -day operational body constr built E -1. It has spied functions; manage financial assets; provide transm ion with h Chevrolet et 350 h.p. engine, activities of the finance division (seven people). financial information for management planning Hale 350 gpm pump, PTO driven, 300 gallon Minimum qualifications include Bachelors and decision making; manage accounting degree in accounting, business, finance, or public tank with two booster reels, a watt gas - functions including payroll, utility billings, powered generator, and pre -wired to four 500 administration; three years experience in an investments, and purchase of insurance; and watt telescoping lights. To make an appointment accountant or higher level financial position; and assist the city manager and council on financial three years supervisory education experience. throw -8020. Offers will be accepted to inspect the vehicle call the foe chief g (612) matters. Requirements include a Bachelors 493 h Municipal accounting experience desired. P 8 degree in public or business administration, Februar 15, 1992. Starting salary range is $46,884 to $49,740 plus finance, or related field; a minimum of five years y PAYLO benefits. Completed city application form must The City of Perham has for municipal experience related to position; sale a 1979 Owatonna 880 a loader with 11/4 be received by January 31. Application forms thorough knowledge of accounting and financing p y available at Eagan Municipal Center, 3830 Pilot yard dirt bucket and 2 1 yard snow bucket. It is practices in municipal government; and in fair condition. It can be inspected at the City Knob Road, Eagan, MN 55122, (612) 681 -4600, supervisory experience. Apply by February 7, public Works Building, County Highway 51 Qualified EO /AAE� and minorities encouraged to 1992 to James Brimever, The Brimeyer Group, North, Perham, MN. Inquiries can be made at the One Tenth Avenue South, Hopkins, MN 55343 or public works building (218) 346 -5242 or city CONTROLLER. The Metropolitan Council call (612) 945 -0246, is seeking a controller. Responsibilities include offices (218) 346 -4455. Don Christianson, Public PUBLIC AFFA}RSJGOVERNMENT k W ors Superintendent, City of Perham, 138 W. : managing the financial functions to include Ik Y OPENING. The City of St. Paul is seeking a Main, Perham, MN 56573. financial accounting, reporting, investments, legislative analyst. Self- starter with ability to , supervision of finance personnel, and the 1 UMPER. The City of New Prague has for development of automated financial systems; coordinate policy developmenubearings. Strong sale a 1958 Chevrolet Fire Truck Spartan 80 writing, research skills a must. Background in series, 348 cu. in. en five the finance staff; develop an annual b•. �• trans., two s i'd• Politics, j xunalism and law helpful. Full -time Alex Luverne senior body. 1 1,000 miles, 750 action plan; communicate clearly and effective ly $35 to $39K. Send resume and writing samples gpm pump, 5(>n gal. b with management, staff, o Ella ff, and external stakehold- w tank (pungr needs " }payer, 714 City }fall, St. Paul, MN 55102 repair). Truck co ui , ed with ith 40 ft. six min ers regarding financial and administrative issues; or call 298 -5378, Deudline is January 4. 1 I p iced and participate with others in the develop- � ladder. Submit hid to Jerry Buhnsat;k, City SUPFRIN [ENDENTOF UTILITIES. The Administrator, 118 Central Ave. N., New Prague, item of financial Policies and procedures; City of Detroit Lakes is seekin g autilities supervise financial reporting; direct the MN 56071 by January 31, 1992. The city council superintendent. Responsibilities include reserves the right to reject any and all bids. For operational function of the finance division; supervising the electric distribution system Provide assistance and financial related specific information on vehicle contact lire Chief information as requested; and initiate or (22,000 kilowatt peak demand), water plant and Joe Vaughn (612) 758 -4484 (days) or (612) 758- distribution system, and wastewater plant 3295 (evenings). ,January 17, 1992 Printed on 1 cycled paper Page 11 -' -� FIRST CLASS A� U.S. POSTAGE -r PAID St. Paul, MN PERMIT NO, 3 League of Minnesota Cities 183 University Avenue East St. Paul, ININ 55101 -2526 Phone: 612- 227 -5600 FAY: 612 - 221 -0986 n ��� 2 1492 the League of Minnesota Cities publishes � the Legislative Bulletin weekly during the -_ r Legislative session and monthly during the interim, the time between sessions - Subscriptions: members - 535; non members- S:0. Contact: Laurie Audette, League of Minnesota Cities. -- i Donald Slater Iaecutive Director Debra Vyherg Assistant Editor Jean .%lehle Goad Editor League of Minnesota Where to get legislative information at the Cap itol* g p Cities Legislative Staff Copies of bills Join Jamnik House Chief Clerk's Office - 296 -2314, Rm. 211, State Capitol Environment, personnel, public safety Secretary of Senate's Office - 296 -2343, Rm. 231, State Capitol general eovernment John Tomlinson T, mli fnance Bill status, authors, companion, committee referral (by bill number, Sarah Hackett author, or topic) faxes, finance, transportation House Index - 296 -6646, Rm. 211, State Capitol Stanley Peskar Senate Index - 296 -2887, Rm. 231 State Capitol Pensions, personnel, public safety Donald Slater Development tools Weekly committee schedules, bill introductions, and summaries of Ann Hlgpjns committee and floor action Federal legislation, elections, ethics House Information Office - 296 -2146, 175 State Office Building Gary Carlson Finance, taxes Senate Information Office - 296 -0504, Rm. 231, State Capitol Tim Busse Legislative Assistant Recording of the following day's committee schedule and agenda, glary Illedrich (after 4:30 p.m.) t' Legislative Secretary Julie Johns "House Call" (House committee schedule) - 296 -9283 I Legislative secretary Senate Hotline (Senate committee schedule) - 296 -8088 Association of Metropolitan To reach a member on the House or Senate floor Nlunicipalities Legislative Staff IIouse Sergeant at Arms - 296 -4860 Fern Peterson Senate Page Desk - 296 - 4159 Executive Director Roger Peterson To notify the governor's office of your concerns Director of Legislative Affairs GovemorAme Carlson - 296 -3391, Rol. 130, State Capitol I *Ali addresses are St. Paul, MN 55155, all area codes 612 See inside back cover for listing of legislators and their room and phone numbers at the Capitol. i CITY ENGINEERS ASSOCIATION of MINNESOTA RESOLUTION 92- LOCAL TRANSPORTATION UTILITY WHEREAS, many Minnesota Cities have not been able to keep up with the replacement and repair needs of their transportation infrastructure due to limited property tax revenues and State Aid; and WHEREAS, the accumulative effect of several years of state cuts has severely limited cities' abilities to plan for and administer long range improvements to the local streets and roads; and WHEREAS, the ability for cities to use special assessments is limited due to the court ruling involving "Proof of Benefit "; and WHEREAS, problems in financing the reconstruction and repair of transportation systems is common in both new and old cities; large and small cities; metropolitan and greater Minnesota cities; urban, suburban and regional centers; and WHEREAS, streets do have a finite life depending upon adequate and timely maintenance, weather conditions, traffic, etc.; and WHEREAS, the economy of the state is dependent on the timely and adequate repair and replacement of roads and streets in Minnesota cities; and WHEREAS, an additional revenue source is necessary to provide a dedicated, stable, long -term funding source for necessary transportation infrastructure improvements. NOW, THEREFORE BE IT RESOLVED, THAT THE CITY ENGINEERS ASSOCIATION OF MINNESOTA does hereby support and endorse the passage of enabling legislation to establish a transportation utility within the State of Minnesota which will provide an additional funding source that is dedicated, stable and long term to meet the transportation infrastructure needs of cities. -° Date President Vice President Secretary - Treasurer CITY OF BROOKLYN CENTER Council Meeting Date 1/27/92 Agenda Item Number a� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PAY EQUITY IMPLEMENTATION REPORT DEPT. APPROVAL: Geralyn R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is a resolution approving the pay equity implementation report along with a copy of the report and the required posting of the notice of the report. State law requires all jurisdictions to submit a pay equity implementation report to the Minnesota Department of Employee Relations (DOER) by January 31, 1992. The penalty for failure to submit a report by the deadline is a five percent reduction in state aid payments or $100 a day, whichever is greatest. I apologize to the city council for asking them to approve the report on such short notice. However, because of a delay in getting DOER's administrative rules approved, we just received the reporting forms on January 13, 1992. In addition, the data must be reported based on information available on December 31, 1992. Based on our analysis and discussions with our labor relations consultants, we can expect to be found in compliance with the law. There is a possibility that we may be found out of compliance, but we cannot know for sure until DOER tells us so. DOER is using a sophisticated statistical package to determine compliance, and this package has not been available to jurisdictions impacted by this law. There are a number of job classes that we will be reviewing closely later this year to determine whether or not the comparable work value (job points) need to be changed. The City of Brooklyn Center is joining with approximately 60 other jurisdictions to update and upgrade its job evaluation system, so until the revisions are made to the system, we will maintain our data as noted in the reporting form. Once the city council approves the implementation report, the City is required to send it to the bargaining units' exclusive representatives and to the public library. In addition, a notice must be posted informing employees the report has been submitted to the State and is available to employees upon request. Please note that maximum monthly salaries reported on the form include the maximum health insurance contribution the City pays for full -time employees. All information is reported as required by DOER, so if the city council needs any interpretation • of how or why something is reported in a certain way, I would be available at the council meeting to respond to any inquiries. This has been a very complicated process, and we have completed the information to the best of our abilities. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Approving Pay Equity Implementation Report _3 a, is Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PAY EQUITY IMPLEMENTATION REPORT WHEREAS, Minnesota Statute 471.9981 requires each political subdivision to submit to the commissioner of the Minnesota Department of Employee Relations (DOER) a pay equity implementation report by January 31, 1992, that includes certain information as of December 31, 1991; and WHEREAS, the City of Brooklyn Center has completed the pay equity implementation forms as provided by DOER based on information as of December 31, 1991. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center city council that the City of Brooklyn Center's pay equity implementation report is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the report authorizing approval of it by the city council. 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. Pay Equity Implementation Report Submit by January 31, 1992 to: For Department Use Only Pay Equity Coordinator Postmark Date of Report Department of Employee Relations 200 Centennial Building 658 Cedar Street Jurisdiction ID Number St. Paul, MN 55155 (612- 296 -2653) Name of Jurisdiction City of Brooklyn Center o b Q City ❑ County ❑ School ❑ Other: Address 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 o - Contact Person Phone CL Geralyn R. Barone 569 -3300 © The job evaluation system used measured skill, effort © No ranges /performance differences. Check one: responsibility and working conditions and the some system was used for all classes of employees. ❑ This jurisdiction does not have salary ranges for any of its Check one of the following: classes. Documentation about performance differ- ences is available upon request to explain apparent ❑ State Job Match Inequities between male and female classes. o ❑ Designed Own (specify) E l � This 4tem does not apply to this jurisdiction. u 0 Consultant's System (specify) 0 An official notice has been posted at HR Focus - PDI o City Hall - Employee bulletin boards u ❑ Other (specify) (prominent location) Informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon t © Benefits for male and female classes of comparable request. Also, a copy of the report has been sent to each ° value have been evaluated and: exclusive representative, if any, and a copy has been made available in the public library. The report was approved by: ❑ There Is no difference and female classes are not at a disadvantage. City Counci (governing body) 0 There Is a difference and the maximum salaries reported Include the monthly amount paid by the Todd Paulson employer for health insurance. (chiefelectedofficial, print) Q Information in this report is complete and accurate. Q The report includes all classes of employees over (chiefelectedofficial, signature) which the jurisdiction has final budgetary approval Mayor authority. (nom (date) m Result from Salary Range Worksheet C 1636 a H '- % is the result after average years to salary range maximum for male classes is divided by the average years to salary range maximum for female classes. o o v Results from Exceptional Service Pay Worksheet ° -° Less than 20% of male classes receive ESP. a C't % is the result from the worksheet (percentage of female classes receiving ESP is divided by ° the percentage of male classes receiving ESP). LU o 0 soma � 6,362,420 is the annual payroll for 1991. (Part F on Back) 0 PART F: Job lass Information Date * -92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 569 -3300 To convert hourly Phone rate to monthly, (Address) multiply rate 173.3 A B C D E F G H I J Number of Number of Class Comparable Minimum Maximum Years # Years Exceptional � s Title Male Female Type Work Value Monthly Monthly to 4r of Service Employees Employees M. F. B (Job Points) Salary_ Sal ary Alax— _5_e 1?ay__ I. PT EBHC Cook 0 1 F 33 $ 1260 1390 0 2. PT EBHC Laundry Person 0 1 F 33 1199 1 0 3. PT EBHC Custodian 1 l B 33 $ 1199 $ 1 0 4. Custodian 6 1 M 33 1357 $ 1 91 2 0 5. PT Golf Course Cl bhs. Wkr. II 2 1 B 37 $ 9 $ 1126 3 6. PT Liq. St. Cashier /Clk /Stocke 18 13 B 37 $ 858 $ 1291 0 7 PT Elem. Bldg. Coordinat 6 3 B 40 $ 1010 $ 1040 3 8 PT Golf Course Clbhse. Worker - I 2 0 M 42 $ 1170 $ 1343 3 9 PT Liq. St. Cashier /Office Ass 0 1 F 42 $ 1230 $ 1508 1.5 10. PT EBHC Hostess 0 3 F 42 $ 1291 $ 1425 0 11. PT EBHC Mtnce. Worker 3 0 M 42 $ 1324 $ 1459 0 12 PT EBHC Setup Crew Chief 3 0 M 42 $ 1260 $ 1390 0 13 PT Police Records Clerk 0 1 F 42 $ 1426 $ 1735 0 14 EBHC Receptionist 0 1 F 42 $ 1426 $ 1995 0. 15 Police Receptionist 0 1 F 42 $ 1426 $ 1995 0 16 Switchbd. Op /Receptionist 0 1 F 42 $ 1426 _ $ 1995 0 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP NOTES: 1. Maximum salaries for full —time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). 0 PART F: J*ss Information Date 06 -92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 569 -3300 To convert hourly (Address) Phone rate to monthly, multiply rate 173.3 A B C D E F G H I J Number of Number of Class Compparable Minimum Maximum Years # Years Exceptional Male Female Type 147 Value Monthly Monthly to Qr of Service U all-jitIe Employees E1ilFlue —e H. F. B (Job Points) Salary a alary Max .5t rvice Pay___ 1 PT P& R Recept /Typist 0 4 F 43 $ 1 46 1 1778 0 2 PT Admin. Clerk 0 1 F 43 $1461 $ 1778 0 3 Admin. /Elections Secretary 0 1 F 43 $ 1613 $ 2223 0 4 PT Police Typist 0 7 F 46 1613 $ 1963 0 5 PT Golf Course Mtnce. III 1 0 M 47 867 $ 953 3 6 PT EBHC Head Hskpr. 0 1 F 48 ; 1392 $ 1534 0 7 Park and Rec Secretary 0 1 F 48 $ 1613 $ 22 0 8 Police Secretary 0 2 F 48 $ 1613 $ 2223 0 9. Finance Secretary 0 1 F 48 $ 1613 $ 2223 0 10, Data Entry Operator 0 1 F 48 $ 1613 $ 2223 0 11. EBHC Secretary 0 1 F 48 $ 1613 2223 0 ` 12. Ping. & Insp. Receptionist 0 1 F 48 $ 1613 $ 2223 0 13. PT Seasonal PW Taborer 12 0 M 49 $ 1114 $ 1305 4 14. PT Golf Course Mtnce. II 1 0 M 49 $ 996 _ $ 1083 3 15. PT Golf Course Ranger 5 0 M 49 $ 867 $ 953 3 16. Police Classif. Operator 0 1 F 49 1653 $ 2272 0 Please make additional copies of this form as needed to allow space for all the ,job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50NPPC0MP NOTES: 1. Maximum salaries for full -time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). 0 PMT F: J10ass Information Date 106 -92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 569 -3300 To convert hourly Phone rate to month) (Address) multiply rate 173.3 A B C D E F G N I J Number of Number of Class Comparable Minimum Maximum Years # Years Exceptional C-l Title Male Female Type Work Value Monthly Monthly to Qr of Service Emp loyees Employees M. F. B 1Job Points) Salary aal ary Max —5-e rvice Pay 1. Property Room Supervisor 1 0 M 49 1653 ; 2272 0 2. Code Enforcement Officer 4 0 M 49 $ 1653 $ 2272 0 3 Engineering Secretary 0 2 F 49 1653 $ 2272 0 4. Ping. & Insp. Secretary 0 1 F 49 1653 2272 0 5. Mechanic 3 0 M 51 _ $ 2693 _ 12 - 6. PT Lifeguard & WSI 14 18 B 52 $ 1109 $ 1187 0 7. PT EBHC Asst. Innkeeper 0 1 F 52 $ 1426 $ 1572 0 8. Maintenance II 23 1 M 52 $ 1686 $ 2596 3.5 9. Accounting Tech 0 1 F 52 $ 1780 $ 2426 0 10. Utilities Tech 0 1 F 52 $ 1780 $ 2426 0 11. PT Engineering Aide I 1 0 M 53 $ 1114 $ 1305 0 12. PT Golf Course Mtnce. I 1 0 M 53 $ 1213 $ 1386 3 13. Assessment Tech 0 2 F 53 $ 1780 $ 2426 0 14. Public Works Dispatcher 1 0 M 54 $ 1870 $ 2535 0 15 EBHC Maintenance Custodian 1 0 M 55 $ 1917 $ 2593 0 16 Public Safety Dispatcher 1 5 F 55 $ 1917 $ 2593 0 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP NOTES: 1. Maximum salaries for full —time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). PART F: 3oss Information Date 6 -92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 569 -3300 To convert hourly Phone rate to monthly, (Address) multiply rate 173.3 A B C D E F G H I J Number of Number of Class Comparable Minimum Maximum Years # Years Exceptional Male Female Type Work Value Monthly Monthly to or of Service cl ass — JILhe Employees Employees M. F. B IJob Points) Salary Salary Max s ervice ` pay___ 1 Lead Custodian 1 0 M 5 $ 1 917 $ 2 59 3 0 2 Payroll /personnel tech. 0 1 F 5 1917 2 0 3 Mai ntenance Custodian 1 0 M 5 8 $ 2116 $ 2835 0 4 A d m in. Intern /Police 0 1 F 59 $ 1 977 $ 2666 0 5 Admin. Secy. /Deputy City Ck. 0 1 F 59 $ 1977 $ 2666 0 6 Police Officer 30 1 M 59 $ 2241 $ 3373 3 Longevity 7 Aquatics Supervisor 0 1 F 59 $ 1977 $ 2666 0 8 Liquor Store Supervisor 1 1 B 59 $ 1977 $ 2666 0 9 E BHC Innkeeper 0 1 F 61 $ 2129 $ 2851 0 10. Engineering Tech III 3 0 M 63 $ 2279 $ 3033 0 11. PT EBHC Salesperson 1 0 M 63 $ 1.828 $ 2015 0 12. EBHC Salesperson 0 1 F 63 $ 2182 $ _2915 0 13. Housing Inspector 0 1 F 63 $ 2182 $ 2915 0 14. Admin. Ass't. /Deputy City Cler 0 1 F 63 $ 2182 $ 2915 0 15. PT Preschool Teacher 0 1 F 63 $ 1733 $ 2080 3 16. Maintenance Supervisor 1 0 M 69 $ 2409 $ 3191 0 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP NOTES: 1. Maximum salaries for full -time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). i PART F: Jass Information Date 106 -92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 569 -3300 To convert hourly (Address) Phone rate to monthly, multiply rate 173.3 A B C D E F G H I J Number of Number of Class Comparable Minimum Maximum Years # Years Exceptional Male Female Type Work Value Monthly Monthly to or of Service Cl ass Title Employees Employees M. F. B (Job Points) Bal m SdI ary Max Service — .Pa 1. Admin. Srvc. Mgr. Police 0 1 F 70 s 2469 s 3264 0 2 Police Sergeant 5 0 M 70 s - $ 3683 - 2 7 Longevit 3 Building Inspector 1 0 M 73 $ 2530 $ 3339 0 4 Re P rog r a m Su 1 2 B 73 $ 2659 $ 3495 0 5 E BHC Mtnc Supv. 1 0 M 7 4 s 2 659 $ 3495 0 6 EDA Ass Coordinator 1 0 M 75 s 2725 $ 3576 0 7. Appraiser II 1 0 M 75 $ 2725 s 3576 0 8 Supv., Streets & Parks 1 0 M 76 s 2659 s 3495 0 9 Golf Course Manager 1 0 M 76 $ 2659 $ 3495 0 10. Supv., Public Utilities 1 0 M 76 $ 2659 $ 3495 0 11. Staff Accountant 1 0 M 78 $ 2793 $ 3659 0 12, Building Official 1 0 M 78 $ 2793 $ 3659 0 13, Liquor Stores Manager 1 0 M 79 $ 3090 $ 4440 0 14 Planner 1 0 M 80 $ 2863 $ 3744 0 15. Public Works Coordinator 0 1 F 80 $ 2863 $ 3744 0 16. Admin. Ass't., Police 0 1 F 80 $ 2863 $ 3744 0 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP NOTES: 1. Maximum salaries for full –time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). PMT F: Joss Information Date 406 - 92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 Phone 569 -3300 To convert hourly (Address) multiply rate 173.3 A B C D E F G H I J Number of Number of Class Comparable Minimum Maximum Years # Years Exceptional Cl ass Titl Male female Type Work Value Monthly Monthly to Qr of Service Emp Employee M. F. B (Job Points) Sala ry._, M ary fix, --S-e rvice Pay_ 1, Engineering Tech IV 1 0 M 81 $ 2917 $ 3811 0 — 2. MIS Coordinator 0 1 F 82 $ 3083 $ 4012 0 3. EBHC Manager 0 1 F 82 $ 3083 $ 4012 0 4. Supt. of Public Works 1 0 M 84 $ 3488 $ 4505 0 5. C ity Engineer 1 0 M 85 $ 3756 $ 4831 0 6. Police Captain 3 0 M 85 $ 3575 $ 4611 0 7. Personnel Coordinator 0 1 F 85 $ 3320 $ 4300 0 8. EDA Coordinator 1 0 M 86 $ 3575 $ 4611 0 9. Director of Recreation 1 0 M 86 $ 3654 $ 5203 0 10. City Assessor 1 0 M 86 $ 3464 $ 4947 0 11. Fire Chief 1 0 M 88 $ 3533 $ 5040 0 12. Ass't. Dir. of Finance 1 0 M 89 $ 3488 $ 4505 0 13. Director, Planning & Inspect. 1 0 M 91 $ 3614 $ 5150 0 14 Chief of Police 1 0 M 93 $ 4053 $ 5744 0 15. Director of Public Works 1 0 M 98 $ 4476 $ 6315 0 16 Director of Finance 1 0 M 99 $ 4161 $ 5890 0 Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP NOTES: 1. Maximum salaries for full -time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). 40 PART F: J*ss Information Date 6 -92 City of Brooklyn Center (Name of Jurisdiction) 6301 Shingle Creek Parkway (Address) Brooklyn Center, MN 55430 569 -3300 To convert hourly Phone rate to monthly, (Address) multiply rate 173.3 A B C D E F G H I J Number of Number of Class Comparable Minimum Maximum Years # Years Exceptional Male Female Type Work Value Monthly Monthly to Qr of Service Class_ Titl_e Employees Employees M. F. B (Job Points) Salary Salary Max service ^Pay_ 1 City Manager 1 0 M 114 $ 5462 $ 7711 0 2. $ $ 3. $ $ 4. $ $ 5. 6. $ $ 8. $ $ 9. $ $ 10. $ $ 11. $ $ 12. $ $ 13. $ $ 14. $ $ 15. $ $ 16. $ $ Please make additional copies of this form as needed to allow space for all the job classes in your jurisdiction. Return to: Faith Zwemke, Department of Employee Relations, 200 Centennial Building, 658 Cedar Street, St. Paul, MN 55155 Questions: Call (612)296 -2653 50WPPCOMP NOTES: 1. Maximum salaries for full -time positions include the maximum monthly health insurance contribution by the City. 2. Hourly employee rates are calculated using 2080 hours in the work year as required by the state (even though the City's salary schedule is based on 2088 hours in 1991). Posting date: NOTICE PAY EQUITY REPORT This jurisdiction is submitting a pay equity implementation report to the Min- nesota Department of Employee Relations as required by the Local Govern- ment Pay Equity Act, Minnesota Statutes 471.991 to 471.999. The report must be submitted to the department by January 31, 1992. The report is public data under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. That means that the report is available to anyone requesting this information. This notice is being sent to all exclusive representatives (if any) in this juris- diction. In addition, this notice must remain posted in a prominent location for at least 90 days from the date the report was submitted. For more information about this jurisdiction's pay equity program, or to request a copy of the implementation report, please contact: (local contact person's name, address, telephone) For more information about the state pay equity law, you may contact: Pay Equity Coordinator Minnesota Department of Employee Relations Second Floor, Centennial Building 658 Cedar Street is St. Paul, MN 55155 CITY OF BROOKLYN CENTER Council Meeting Date Jamuiry 27, 1992 Agenda Item Number / J 3 b REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: RESOLUTION ACCEPTING OFFER FROM ALL TELEPHONE SERVICE FOR THE PURCHASE OF OKI DISCOVERY SWITCH PHONE SYSTEM DEPT. APPROVAL: a, Patricia A. Page, Deputy City Clerk MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The City of Brooklyn Center purchased and installed a new telephone system in 1990. The old phone system, an OKI Discovery Switch, was declared surplus property on April 9, 1990, and put into storage until a buyer could be located for this equipment. Over the last two years we have tried unsuccessfully to sell this equipment. We have recently received an offer for the system and I believe it is worthy of consideration. The offer was made by All Telephone Service, a company who had serviced this piece of equipment in the past and now has two accounts with this same equipment. The owner is purchasing our system solely for parts because of the unavailability of new parts for the system. All Telephone Service has offered $200 for the equipment. Because of the size of the equipment and the components inside it (coated wiring, computer boards, etc.) it would cost the City money to dispose of the equipment if no one were interested in purchasing it. RECOMMENDED CITY COUNCIL ACTION I recommend adoption of the attached resolution accepting the offer from All Telephone Service. • lab Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING OFFER FROM ALL TELEPHONE SERVICE FOR THE PURCHASE OF OKI DISCOVERY SWITCH PHONE SYSTEM WHEREAS, the City of Brooklyn Center purchased a new phone system in 1990; and WHEREAS, the old phone system, an OKI Discovery Switch, was declared surplus on April 9, 1990; and WHEREAS, the City has received an offer from All Telephone Service for the purchase of the OKI Discovery Switch phone system in the amount of $200. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL of the City of Brooklyn Center that the offer of $200 from All Telephone Service is hereby accepted and upon payment the OKI Discovery Switch phone system will be released to All Telephone Service. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b member an vote Y d upon a bein P g 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 1/27/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 69TH AVENUE PHASE II IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT NO. 1992 -B, AND DIRECTING ADVERTISEMENT FOR BIDS DEPT. APPROVAL: Sy Knapp, Dir for of Public Works kkkkk�kkkkKkFkMkkk��cyek�! c��exx�cx�! c* ! c�cycx! ckxkkkkk** KkkkkKkkkklc? �kkKkkkkkk�r�jik�kk�kkk *kk f MANAGER'S REVIEW/RECOMMENDATION: zz�;: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached In accordance with discussions at the January 13 Council meeting, SEH, Inc. has completed preparation of plans and specifications for improvements to 69th Avenue between Brooklyn Boulevard and West Palmer Lake Drive. These plans and specifications have also been submitted to MNDOT for approval by their State Aid office. RECOMMENDED CITY COUNCIL ACTION A resolution approving the plans and specifications is presented for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 69TH AVENUE PHASE II IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT NO. 1992 -B, AND DIRECTING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to Resolution No. 91 -125, Short - Elliott- Hendrickson Inc. (SEH, Inc.) has prepared specifications for Phase II improvements to 69th Avenue, Improvement Project No. 1990 -10, Contract No. 1992 -B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for said improvement project as prepared by SEH, Inc. are hereby approved and ordered filed with the Deputy City Clerk. 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. 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 Mecting Dale I/27/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: jfi4lot �&� Sharon Knutson, Deputy City Clerk J MANAGER'S REVIEW/RECONLUENDATION: V w No comments to supplement this report Comments below /attached SUNEM ARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. i l� Licenses to be approved by the City Council on January 27, 1992: BOWLING ALLEYS Lynbrook Bowl 6357 N. Lilac Drive City Clerk FOOD ESTABLISHMENT P Maranatha Place 5415 - 69th Ave. N. tS1i� Sanitarian 4k GASOLINE SERVICE STATION United States Post Office 6848 Lee Ave. N. City Clerk NONPERISHABLE VENDING MACHINES Iten Chevrolet Co. 6701 Brooklyn Blvd. Minnesota Vikings Food Service 5200 W. 74th Street Graco 6820 Shingle Ck Pkwy Group Health 6845 Lee Ave. N. Hennepin Co. Service Center 6125 Shingle Ck Pkwy Hiway 100 Health Club 4001 Lakebreeze Ave N Schmitt Music 2600 Freeway Blvd. D Zubaz 6707 Shingle Ck Pkwy + ' Sanitarian �,(L PERISHABLE VENDING MACHINES Iten Chevrolet Co. Minnesota Vikings Food Service 5200 W. 74th Street Graco 6820 Shingle Ck Pkwy Group Health 6845 Lee Ave. N. Hiway 100 Health Club 4001 Lakebreeze Ave N Schmitt Music 2600 Freeway Blvd. Zubaz 6707 Shingle Ck Pkwy -, � 6 e�� Sanitarian ak SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6520 Brooklyn Blvd. Brooklyn Center Liquor #3 1966 57th Ave. N. � � Snyder Brothers Drug 1296 Brookdale Cntr. Sanitarian /tifL TAXICAB Loon Service 6843 Colfax Ave. N. #1 Suburban Yellow Cab Co. 3555 5th Ave. S. #89 -S Town Taxi 2500 Washington Ave. N. #77, #111, #118, #125, YJ127 #137, #138, #169 ief of Police 6* TOBACCO RELATED PRODUCT �K -Mart 5930 Earle Brown Dr City Clerk GENERAL APPROVAL: P. Page, DepLOy Clerk