Loading...
HomeMy WebLinkAbout1991 04-08 CCP Regular Session � r a, CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 8, 1991 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Reports 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. March 18, 1991 - special session *b. March 25, 1991 - regular session 8. Proclamation: a. Declaring a Day of Spiritual Rededication in Brooklyn Center 9. Public Hearing: (7:30 p.m.) a. A public hearing has been scheduled on the Housing and Community Development needs of the City of Brooklyn Center and Urban Hennepin County for the purpose of making recommendations on the proposed use of Year XVII Urban Hennepin County Community Development Block Grant Program Allocation. 1. Approving Proposed Program for Year XVII Urban Hennepin County Community Development Block Grant Funds and Authorizing Its Submittal 10. Ordinances: a. An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel -This amendment was tabled on March 25, 1991, and is offered this evening for a first reading. b. An Ordinance Amending Chapter 7 of the City Ordinances Relating to Recycling Services for Multifamily Dwellings -This item is offered this evening for a first reading. CITY COUNCIL AGENDA -2- April 8, 1991 c. An Ordinance Amending Chapter 3 of the Brooklyn Center City Charter 11. Discussion Items: a. Legislative Action 1. Proposed Legislation to Provide Funding for Wetlands Project by Imposing Surcharges on Public Water Supplies - Resolution Requesting Restructuring of Funding Mechanism for Wetlands Legislation 2. Proposed Legislation to Authorize Establishment of Transportation Utilities - Resolution Supporting Legislation to Authorize Establishment of Transportation Utilities b. National League of Cities C. Recommendation to Purchase Accident Insurance Coverage for City Volunteers 12. Resolutions: a. Establishing a Brooklyn Center Ad Hoc City Financial Task Force and Defining Duties and Responsibilities *b. Adopting a Solid Waste Source Reduction Plan for the City of Brooklyn Center *c. Declaring Surplus Property -This property will be sold at the auction on April 27, 1991. *d. Approving Specifications for Removal of Houses on 69th Avenue North, Phase II, Improvement Project No. 1991 -02, Contract 1991 -B e. Approving Purchase Agreement for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 f. Accepting Proposal for Professional Services Relating to Humboldt Avenue /65th Avenue Landscaping, Improvement Project No. 1991 -03, Contract 1991 -D g. Establishing the 1991 Diseased Tree Removal Program, Approving Specifications and Directing Advertisement for Bids, Improvement Project No. 1991 -06, Contract 1991 -G h. Amending Fee Schedules for the Administration of Tree Removal Accounts *13. Licenses 14. Adjournment i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION MARCH 18, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 7:05 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, EDA Coordinator Brad Hoffman, and Council Secretary Ann Odden. OPENING CEREMONIES In the interest of time, there were no opening ceremonies for the meeting. OPEN FORUM 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 wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson reported on his attendance at the Congressional Cities Conference in Washington, D.C. He attended a number of seminars and spoke to most of the State Congressmen and Senators as well as elected officials from several Twin Cities area municipalities. He felt the experience was very valuable. He attended a session of the transportation and communications steering committee and expressed a desire to become more active in that area. While at the Conference, Mayor Paulson received information in regard to youth programs, and he volunteered to supply the information to any interested Councilmembers. He suggested the City consider becoming a member of the National League of Cities, which he felt would be worthwhile. 3/18/91 - 1 - Councilmember Cohen thanked Mayor Paulson for his report and for his attendance at the Conference. He concurred with Mayor Paulson's suggestion in regard to joining the National League of Cities. He felt it would be a good investment provided the City took an active role in the policy committees. Mayor Paulson thanked Councilmember Cohen for his input and for helping him to arrange some meetings. He suggested the Councilmembers might want to consider rotating their attendance at various future conferences. Councilmember Rosene reported on a meeting of the Human Rights and Resources Commission. He noted children's issues were a priority and suggested the information Mayor Paulson had received at the conference might be beneficial to the group. Councilmember Cohen reported the Metropolitan Council was generating support for P g g P opposition to Hennepin County's fiscal disparities proposal. In regard to Tax Increment Financing, Councilmember Cohen stated this issue was scheduled to come before the Legislative Housing and Economic Development Committee on March 21, 1991. Councilmember Cohen reported on a memorandum which he and the City Manager drafted following his meeting with Lyle Schwarzkopf. It addressed the issues of cooperation between cities and budget concerns. He commented the main purpose of the four-page document w i has u latitude as to show that the C a small amount of rtu m City regard to its budget, as approximately 85% of the expenditures relate directly to state, federal or citizen - mandated programs, such as police departments, fire departments, or assessing functions. The memorandum went on to project what effect proposed budget cuts would have by fiscal year 1992. He estimated a negative balance of $1 million. The Councilmembers thanked Councilmember Cohen for the report and concurred to review a draft of the memo as soon as possible for possible use by other cities. They felt it would be helpful for residents to be aware of this information also. RESOLUTIONS RESOLUTION NO. 91 -82 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DEAN A. NYQUIST AND DECLARING MARCH 23, 1991, AS DEAN A. NYQUIST DAY IN BROOKLYN CENTER 3/18/91 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -83 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1, KNOWN AS THE BROOKWOOD TAX INCREMENT FINANCING DISTRICT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -84 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE BENEFITS FOR THE APPRAISER II The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ADJOURNMENT There 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 7:23 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 3/18/91 - 3 - ' 76 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 25, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 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, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden. OPENING CEREMONIES Dwight Gunberg offered the invocation. OPEN FORUM 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 wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson indicated he planned to visit each of the City's departments during his scheduled office hours for the purpose of meeting personnel. He invited any Councilmembers to accompany him and noted the staff's frequent contact with constituents was a valuable asset that could aid the Council. The City Manager introduced three new Code Enforcement Officers: Toby Sauer, Tony Orozco, and Tim Morton. Councilmember Pedlar suggested the matter of standard uniforms for officers be considered. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items removed from the consent agenda. Mayor Paulson requested item 7a be removed from the consent agenda. 3/25/91 _ 1 RESOLUTIONS RESOLUTION NO. 91 -85 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF A MICROCOMPUTER AND PRINTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -86 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $700,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1991, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -89 Member Celia Scott introduced the following resolution and moved its adoption: 3/25/91 - 2 - RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF ONE (1) MOWER FOR CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -90 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO REAPPROPRIATE DRUG FORFEITURE MONIES FROM FUND BALANCE AND APPROVING PURCHASE OF EQUIPMENT AND AUTHORIZING 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 passed unanimously. RESOLUTION NO. 91 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON IMPROVEMENT PROJECT NO. 1990 -17, CITY GARAGE REMODELING, PHASE I The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING PAYMENT TO CITY OF ROBBINSDALE FOR WORK ON IMPROVEMENT PROJECT NO. 1989 -31 TWIN LAKES/RYAN LAKE OUTLET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -93 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON IMPROVEMENT PROJECT NO. 1988 -27, COUNCIL CHAMBERS SOUND SYSTEM 3/25/91 - 3 - The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -94 Member Celia Scott introduced the following esolution and moved its adoption: g P RESOLUTION ACCEPTING WORK PERFORMED ON IMPROVEMENT PROJECT NO. 1989 -29, CLEANOUT OF UNITY AVENUE CULVERT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -95 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR GEOTECHNICAL SERVICES RELATING TO IMPROVEMENT PROJECT NO. 1990 -03, 1990 WATER DISTRIBUTION SYSTEM IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -96 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF TEN (10) MOBILE RADIOS AND SIXTEEN (16) PAGERS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -98 Member Celia Scott introduced the following resolution and moved its adoption: 3/25/91 - 4- RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF 800 FEET OF FIVE INCH FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -99 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF 800 FEET OF 1 3/4" FIRE HOSE ANGUS HIGH COMBAT HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -100 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF THREE (3) DIVER DRY SUITS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -101 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SALE OF SEVEN PARCELS OF LAND 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 following list of licenses: BULK VENDOR Brooklyn Center Lions P.O. Box 29092 Vendall Bulk Vending Company 1820 E. 38th Street 3/25/91 - 5 - FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. Berean Evangelical Free Church 6625 Humboldt Ave. N. Bridgeman's Restaurant 6201 Brooklyn Blvd. Brook Park Baptist 4801 63rd Ave. N. Brooklyn Ctr. American Legion 4307 70th Ave. N. Brooklyn Ctr. Baptist Church 5840 Humboldt Ave. N. Brooks Food Market #21 6804 Humboldt Ave. N. Children's World Learning Center 6020 Earle Brown Dr. Dayton's 1100 Brookdale Center Denny's Restaurant #1284 3901 Lakebreeze Ave. N. Food Express 1131 Brookdale Center Garden City School 3501 65th Ave. N. Ground Round, Inc. 2545 County Road 10 Hardee's 1601 Freeway Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Holiday Inn 2200 Freeway Blvd. J. C. Penney 1265 Brookdale Center Kentucky Fried Chicken 5512 Brooklyn Blvd. K -Mart 5930 Earle Brown Dr. LaCasita Mexican Restaurant 2101 Freeway Blvd. Leann Chin, Inc. 6050 Shingle Crk. Pky. Leann Chin, Inc. 6800 Shingle Crk. Pky. Little Brooklyn 6219 Brooklyn Blvd. Minnesota Vikings Food Service 5200 W. 74th Street U.S. West 5910 Shingle Crk. Pky. New Horizon Day Care Ctr. 6625 Humboldt Ave. N. Northwest Residence 4408 69th Ave. N. Num Num Foods, Inc. Brookdale Snack Bar Nutrition World 1271 Brookdale Center Perkins Family Restaurants 5915 John Martin Dr. Price Candy Company 4444 N. Belleview Carson Pirie Scott 1200 Brookdale Ctr. ITINERANT ER FOOD ESTABLISHMENT Brooklyn Center Lions 6500 Humboldt Ave. N. Feneis Foods, Inc. 13451 Arrowood Lane Iten Chevrolet I694 & Brooklyn Blvd. 3/25/91 - 6- i MECHANICAL SYSTEMS Blaine Heating, AC & Electric 13562 Central Ave. NE Brady Mechanical Serv., Inc. 3075 -C Spruce Street Fred Vogt & Co., Inc. 3260 Gorham Ave. J. K. Heating Company 1286 Hudson Road LBP Mechanical, Inc. 315 Royalston Ave. N. Lamb Mechanical 1433 Utica Ave. S. Noel's Heating & A/C, Inc. 4920 Zachary Lane Owens Services Corporation 930 E. 80th St. P & H Services C Ave. N. Company, Inc. 208 73rd A r Y� Pride Mechanical, Inc. 3025 NE Randolph St. Royalton Heating & Cooling Company 4120 85th Ave. N. Standard Heating & AC Co. 410 W. Lake Street Superior Contractors, Inc. 6121 42nd Ave. N. NONPERISHABLE VENDING MACHINES D.L. Service Co. 2516 83rd Ave. N. Lowell's Automotive 6211 Brooklyn Blvd. PERISHABLE VENDING MACHINES Consumer Vending 2828 Lyndale Ave. S. Target 6701 Parkway Circle POOL AND BILLIARDS Lynbrook Bowl, Inc. 6357 N. Lilac Dr. RENTAL DWELLINGS Initial: Brighton II Ltd. Partnership Timber Ridge Apartmnts. Renewal: Lu Ann Falenczykowski 6000 Abbott Ave. N. James and Bobbie Simons 6109,11,13 Beard Ave. N. Norman Chazin 6037 Brooklyn Blvd. Curtis H. and Audrey L. Cady 6915 Brooklyn Blvd. Henry W. Norton 5240 Drew Ave. N. Gar -Nan Mgmnt. Company 6807,13,19 Humboldt. Ave. N. Roland Scherber 4714 Lakeview Ave. N. Richard D. Bergstrom 5400 Russell Ave. N. Earle Brown Commons 6100 Summit Dr. N. 3/25/91 - 7- Renewal: (continued) Gregory M. Ray 3713 Urban Ave. N. Raymond & Betty Anderson 7113 Willow Lane Robert & Patricia Bobleter 4807 Wingard Place Donald Kutz 6837 York Place M.B.L. Investment Company 3613 47th Ave. N. Donald E. Sobania 3701 47th Ave. N. Donald Wilson & Michael Boyle 3713 47th Ave. N. Catherine P. Shefeluk 3018 51st Ave. N. Curtis H. Cady 1312 72nd Ave. N. Ruth Kalanquin 5348 70th Circle H. E. Homes, Inc. 1323 67th Lane J. J. Barnett 2930 68th Lane J. J. Barnett 2934 68th Lane SIGN HANGER Lawrence Signs, Inc. 945 Pierce Butler Rte. SWIMMING POOLS Beach Condominiums 4201 -07 Lakeside Ave. N. Brookside Manor Apt. 1121 -1307 67th Ave. N. Days Inn 1501 Freeway Blvd. Evergreen Park Manor Apts. 7200 Camden Ave. N. Four Court Apts. 2836 Northway Dr. Hiway 100 N. France Racquet Club 4001 Lakebreeze Northbrook Apartments 1302 69th Ave. N. North Lyn Apartments 6511 Humboldt Ave. N. The motion passed unanimously. APPROVAL OF MINUTES MARCH 11, 1991 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the minutes of the March 11, 1991, regular meeting. The motion passed unanimously. 3/25/91 - 8 - ORDINANCE The City Manager presented an Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. It was noted the purpose of the amendments would be to allow the City Manager to approve certain vacation leave and sick leave benefits without City Council approval. Councilmember Pedlar felt it was a good idea for the Council to review the cases as they arose. Councilmember Rosene concurred and felt it was important to ensure that such benefits were equally applied. In regard to the proposed Ordinance's statement regarding newly hired employees, Councilmember Rosene suggested the following verbage be added: ". . . to newly hired employees who would deserve credit for prior experience . . ." Councilmember Cohen indicated he was comfortable with the proposed Ordinance and with Councilmember Rosene's proposed addition. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene tabling the proposed Ordinance until the next Council meeting for the purpose of adding the language as suggested by Councilmember Rosene. The motion passed unanimously. ORDINANCE The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land (Twin View Development). It was noted the amendment involved land considered under the Twin View Development PUD (Planning Commission Application No. 90028). The proposed Ordinance described the land under its new zoning designation based on a new legal description. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land (Twin View Development) and setting a public hearing date of April 22, 1991, at 7:30 p.m. The motion passed unanimously. ORDINANCE The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Lot 1, Block 1, Lunacek Addition). Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Lot 1, Block 1, Lunacek Addition) at 7:24 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. 3/25/91 - 9- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing at 7:24 p.m. The motion passed unanimously. As noted by the City Manager, the final documentation on this item had not been received prior to the Council meeting. He recommended the Council table action on the second reading until such documentation was received. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar tabling approval of the second reading of the proposed Ordinance until final documentation was received. The motion passed unanimously. ORDINANCE The City Manager noted a public hearing was required for the second reading of An Ordinance Amending Chapter 35 by Repealing Ordinance No. 82 -1 (Flood Plain Management) and Adopting a New Flood Plain Management Ordinance Consistent with State and Federal Regulations. He noted the proposed Ordinance would result in four technical, rather than substantive changes and bring it into conformance with the Department of Natural Resources' model. He indicated staff recommended approval of i this item. Councilmember Cohen supported approval of the Ordinance, but noted the item was an example of action that was necessary, but not of the Council's volition; therefore, he suggested the cost of such Ordinance be estimated. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 by Repealing Ordinance No. 82 -1 (Flood Plain Management) and Adopting a New Flood Plain Management Ordinance Consistent with State and Federal Regulations at 7:30 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 Cohen and seconded by Councilmember Pedlar to close the public hearing at 7:30 p.m. The motion passed unanimously. ORDINANCE NO. 91 -03 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 BY REPEALING ORDINANCE NO. 82 -1 (FLOOD PLAIN MANAGEMENT) AND ADOPTING A NEW FLOOD PLAIN MANAGEMENT ORDINANCE CONSISTENT WITH STATE AND FEDERAL REGULATIONS 3/25/91 - 10- The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager noted a public hearing was required for consideration of an amendment to the Year XVI statement of projected use of funds for the Urban Hennepin County Community Development Block Grant (CDBG) Program. It was noted the proposed amendment would reprogram $57,000 from the rehabilitation of private property to scattered site development. Mayor Paulson opened the meeting for the purpose of a public hearing on consideration of an amendment to the Year XVI statement of projected use of funds for the Urban Hennepin County CDBG Program at 7:31 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 Scott and seconded by Councilmember Pedlar to close the public hearing at 7:31 p.m. The motion passed unanimously. RESOLUTION NO. 91 -102 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY STATEMENT OF PROJECTED USE OF FUNDS FOR YEAR XVI BY REALLOCATING $57,000 FROM THE REHABILITATION OF PRIVATE PROPERTY (PROJECT 001) TO A NEW ACTIVITY SCATTERED SITE REDEVELOPMENT (PROJECT 914) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS REVIEW OF PETITIONS RECEIVED FOR THE IMPROVEMENT OF HUMBOLDT AVENUE NORTH BETWEEN 69TH AVENUE NORTH AND 73RD AVENUE NORTH The City Manager briefly reviewed this item for the Council. He noted the petitions had been sent in accordance with the City's new policy, and there had been positive feedback regarding the new method of petitioning. The Director of Public Works indicated the majority of property owners in the vicinity of the proposed improvements were not in favor of the project. Councilmember Rosene commented he was pleased with the new petitioning system, which had allowed residents of the area to form an opinion based upon complete information. 3/25/91 I He thanked the City Engineer for his efforts in compiling the information. Councilmember Scott concurred. RESOLUTION NO. 91 -103 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING INADEQUACY OF PETITIONS AND TERMINATING CONSIDERATION OF STREET IMPROVEMENT PROJECT NO. 1991 -01 HUMBOLDT AVENUE NORTH FROM 69TH AVENUE NORTH TO 73RD AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager indicated a letter of explanation would be sent to Ms. Barbara Lippold, who had originally requested petitions for the improvement. Councilmember Rosene questioned the future of the area of Humboldt Avenue between 69th Avenue North and 73rd Avenue North, and the Council briefly discussed the matter. The Director of Public Works commented staff was looking at ways to discourage traffic there, but options were limited and the matter would likely need to be addressed at a future date. BUDGET TASK FORCE The City Manager noted applications had been received from citizens interested in serving on the committee and staff was still in the process of sending out applications to others. In addition, consulting firms had been contacted. Councilmember Pedlar indicated he would like the Council to discuss staff's involvement in the process. Mayor Paulson indicated he felt an independent consultant would not be necessary, as much of the information was already available to the Council. Councilmember Cohen questioned whether a policy regarding membership purpose, duration, and provision for removal had been formally drafted, and was told it had not. He suggested appointments to the committee be deferred until the formal policy had been adopted. Councilmember Pedlar concurred. Mayor Paulson suggested a formal resolution on this item be presented at the next Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to prepare a resolution formalizing the membership policy as discussed. The 3/25/91 - 12- motion passed unanimously. I regard In g to informational material regarding analysis of the budget which had been sent to the Council and staff, Councilmember Cohen urged staff to prepare the documents in final form. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -104 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE COMMUNITY CLEANUP OF SHINGLE CREEK AND PALMER LAKE AND DECLARING MAY 4, 1991, AS SHINGLE CREEK AND PALMER LAKE CLEANUP DAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The Council thanked Sarah Pollock of the Park and Recreation Commission for her work on this project. Councilmember Rosene suggested grade school students, with parental supervision, might be enlisted to help in the project. Councilmember Pedlar commented that newspaper coverage of the event might increase participation. Councilmember Cohen supported the cleanup day and requested the City's cost for the project be recorded. Vote: The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:17 p.m. and reconvened at 8:35 p.m. The City Manager reviewed item 11e in regard to General Obligation Tax Increment Refunding Bonds and noted selling and re- funding of the bonds was being considered due to the favorable interest rates. He indicated if interest rates were to rise substantially before closing, the Council would have the option to cancel the refinancing. Bob Thistle of Springsted, Inc. concurred with the City Manager's remarks and noted the potential savings to the City would be approximately $182,000 over the life of the issue. He suggested a public hearing be set for April 22, 1991. He stated if the Council chose not to proceed on the matter by April 5, 1991, there would be no cost or obligation. RESOLUTION NO. 91 -105 Member Celia Scott introduced the following resolution and moved its adoption: 3/25/91 - 13 - i RESOLUTION PROVIDING FOR THE ISSUANCE AND PUBLIC SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1991B OF THE CITY OF BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager reviewed item 110 regarding condemnation proceedings. He stated the process was lengthy and the action recommended did not commit the Council to carrying out the procedure, but avoided delaying the process. In response to Councilmember Rosene's question, he indicated the residents in the area had been consulted. The Director of Public Works indicated the City had a signed purchase agreement for all but two of the properties. In response to Councilmember Cohen's question, he indicated the homeowners would not bear costs associated with the action other than for an attorney, if retained. RESOLUTION NO. 91 -106 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS, 69TH AVENUE WIDENING AND RECONSTRUCTION, CITY IMPROVEMENT PROJECT NO. 1990- 10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -107 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF ONE (1) FIRE PUMPER/WATER TOWER AND TRANSFERRING ADDITIONAL FUNDS FROM THE CONTINGENCY ACCOUNT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager reviewed item 11u in regard to Commercial Development Refunding Revenue Bonds. He noted staff recommended approval of this item. In response to Councilmember Cohen's question regarding the City's cost for this action, the EDA Coordinator indicated a $2,000 application fee had been paid in 1985, which was to have covered legal and other associated costs. Councilmember Cohen commented 3/25/91 - 14- that due to the budget crisis, staff time was particularly valuable and the City might have to consider charging for extra services. He suggested all cases be examined in this regard. The City Attorney noted this case, being a default work out, might be considered a bit differently. The City Manager noted the issue of fees would be reviewed. RESOLUTION NO. 108 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RELATING TO COMMERCIAL DEVELOPMENT REFUNDING REVENUE BONDS (BROOKDALE ASSOCIATES LIMITED PARTNERSHIP PROJECT); AUTHORIZING THE ISSUANCE AND SALE THEREOF AND AUTHORIZING THE EXECUTION OF VARIOUS NECESSARY DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion b Councilmember Pedlar, and seconded b Councilmember Scott to Y � Y adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:05 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 3/25/91 - 15 - i PROCLAMATION A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER WHEREAS, in 1952 an event was inaugurated by Christian Leadership Groups in the United States Senate and the House of Representatives; and WHEREAS, the Annual National Prayer Breakfast has become a time for the rededication of the individual and the Nation to God; and WHEREAS, many states and local communities have sponsored similar events at the state and local level; and WHEREAS, a volunteer committee of concerned citizens have joined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to stage an annual Brooklyn Center Prayer Breakfast for a similar rededication of local community leaders and business representatives and our City to high Judeo- Christian ideals; and WHEREAS, the committee is planning the Thirteenth Annual Brooklyn Center Prayer Breakfast on the 20th day of April, 1991; and WHEREAS, Linda Brook, General Manager of KARE 11 TV, will be the featured speaker. NOW, BE IT HEREBY PROCLAIMED by the Brooklyn Center City Council: 1. That Saturday, April 20, 1991, be designated as "A Day of Spiritual Rededication in Brooklyn Center." 2. That it calls upon all citizens to reflect upon our heritage and join in quiet reverence and dedication; and 3. That it calls upon the citizens of Brooklyn Center to join hundreds of their neighbors and fellow citizens at the Annual Prayer Breakfast on Saturday, April 20, 1991, at the Historic Earle Brown Heritage Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk Seal NOTICE OF PUBLIC HEARING YEAR XVII 1991 URBAN ( ) HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the city of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on Monday April 8 , 1991, at 7:30 p.m. in the Cif Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota The public hearing is on the housing and community development needs of the city and Urban Hennepin County, the Urban Hennepin County Community Develop- ment Block Grant Program Statement of Objectives, and the proposed use of the Year XVII Urban Hennepin County Community Development Block Grant Program planning allocation of $ 215,761.0 by the city. In addition, during the July 1, 1991 to June 30, 1992 program year it is estimated that $ 0.00 in program income from locally CDBG funded activities shall be available to the city for allocation to activities consistent with community needs and the Urban Hennepin County Statement of Objectives. The Statement of Objectives consists of seven program areas, basically: (1) ADMINISTRATION, to maximize program benefit and effectively administer program funds; (2) HOUSING, to rehabilitate and assist in the development of housing which is affordable to low- and moderate- income households; (3) NEIGHBORHOOD REVITALIZATION, to maintain and preserve viable neighborhoods through con- centrated community-development activities; (4) PUBLIC FACILITIES, to improve existing and assist in the development of new public facilities which benefit low- and moderate - income persons; (5) ECONOMIC DEVELOPMENT, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate- income persons; (6) PUBLIC SERVICES, to expand and improve the quantity and quality of public services available to low- and moderate- income persons; and (7) REMOVAL OF ARCHITECTURAL BARRIERS, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons. The city of Brooklyn Center is proposing to undertake the following activities with Year XVII Urban Hennepin County CDBG funds starting about July 1, 1991. Activity Budzet Rehabilitation of Private Property $ 140,761.00 Scattered Site Redevelopment $ 75.000.00 For additional information on the proposed activities, level of funding, program objectives and performance, contact the city of Brooklyn Center at 56 9 -3300 or the Hennepin County Office of Planning and Development at 348 -6418. The public hearing is being held pursuant of MS 471.59. CITY OF BROOKLYN CENTER Council Meeting Date 4/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Approving Proposed Program for Year XVII Urban Hennepin County Community Block Grant Funds and Authorizing Its Submittal * ire* e* e�* �r** �s*** �r**** r« �cer*+► r«******* aw* eear*** *�cw *rr *�r * * * *�rarar+�rrr «. * * *� *air• *�r�rararra DEPT. APPROVAL: � �� Assistant EDA Coordinator Signature - title ay *... aaaaaaaaaaaaaaaaaaaaaaaaa * * « *aaa * * *aaaaaa * *atraa *,, aaa �aa a ii'�f.,e.r�- «.•wre�r * * * * * *a *x N MANAGER'S REVIEW/RECOMMENDATION: 7v w No comments to supplement this report Comments below /attached * * * * *+�s�rx. ear** �r. x�r�rr* �►* �r* �*.«.* x«.... �..*« �r. r,►. e...*.* +►+� *s * * *.�r * * *x*. *�..eararar* SUMMARY EXPLANATION: (supplemental sheets attached Yes ) • The resolution would approve the City's Community Development Block Grant Program for Year XVII as part of the overall Urban Hennepin County CDBG Program. The Year XVII proposed program is described in the resolution. The Brooklyn Center Community Development Citizen's Participation Committee met on April 2, 1991 to consider the proposed CDBG Program for Year XVII. The members present at the meeting, Barbara Jensen and Tom Loberg, endorsed the proposed CDBG Program and recommended approval by the City Council. The Community Development Citizen's Participation Committee members also recommended that if any community development program opportunities occurred during the course of the year, which are outside the recommended CDBG Program for Year XVII, they would request the Council to consider appropriate amendments to the Year XVII CDBG Program. 90_ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Brooklyn Center, through execution of a joint cooperation agreement with Hennepin County, is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County Community Development Block Grant funds made available to it, following a public hearing on April 8, 1991, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City's following proposed use of $215,761 from the Year XVII Urban Hennepin County Community Development Block Grant and $0.00 in program - related income: Projects Budget Rehabilitation of Private Property $140,761 Scattered Site Redevelopment 75,000 TOTAL $215,761 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the proposed use of Year XVII Urban Hennepin County Community Development Block Grant Funds and program- related income and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XVII Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 4 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL DEPT. APPROVAL: Personnel Coordinator Signature - tit e ot MANAGER'S REVIEW/RECOMMENDATION: V No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) At its March 25, 1991, meeting, the city council reviewed and tabled an ordinance amending chapter 17 of the city ordinances regarding personnel. Attached is a revision of the ordinance which now limits the city manager's authority in granting exceptions to vacation and sick leave benefits to certain newly hired employees. The reason for allowing the city manager to have the ability to grant exceptions to the established vacation and sick leave schedules is that when the issue of these leaves becomes a critical factor in hiring an employee, the need to wait for city council approval can put the whole selection process "on hold" for up to three weeks. This time period can be especially critical when there is a great deal of competition from other employers for experienced personnel (e.g., police officers). REQUESTED CITY COUNCIL ACTION Approve for a first reading an Ordinance Amending Chapter 17 Regarding Personnel. 10� 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 17 regarding personnel. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 17 -111. VACATION LEAVE. 1. Amount. Permanent employees shall earn vacation leave at the rate of 6.67 hours for each calendar month of full- time service or major fraction thereof. Permanent employees with five consecutive years of service through ten consecutive years of service shall earn vacation leave at the rate of 120 hours per year. Permanent employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year During 15th year of service and during each year of service thereafter 160 hours per year. In the best interests of the city, vacation leave in excess of the established amount specified in this section may be granted by the City Manager to newly hired employees who have a minimum of five years of job experience which is directly related to the position for which they are hired. The City Manager may grant a newly hired employee no more than 120 hours of vacation leave Per year during the employee's first five years of service with the city. ORDINANCE NO. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. Section 17 -112. SICK LEAVE. 1. Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight hours for each calendar month of full -time service or major fraction thereof. In the best interests of the city, an advance of a maximum of 96 hours of sick leave which must be earned before additional hours accumulate may be granted by the City Manager to newly hired employees who have a minimum of five years of lob experience which is directly related to the position for which they are hired. Section 2. This ordinance shall become effective after adoption and upon (30) days following its legal publication. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER �D,6 Notice is hereby given that a public hearing will be held on the day of , at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 7 regarding recycling services. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO RECYCLING SERVICES FOR MULTIFAMILY DWELLINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding a subsection to read as follows: Section 7 -113. MULTIFAMILY DWELLINGS. Subdivision 1. Recycling Services. Owners of multifamily dwellings containing more than eight dwelling units must contract with a hauler licensed under the provision of Section 7 -103 of the Brooklyn Center Ordinances to provide recycling _collection services to all residents of the dwelling. The recycling collection services provided under this subsection must meet the requirements of applicable county ordinances. Subdivision 2. Definitions. For purposes of this subsection, the term "multifamily dwelling" has the meaning given in the Brooklyn Center Zoning Ordinance. Subdivision 3. Penalty. A violation of this section is a misdemeanor. Section 2. Effective This ordinance shall be effective as of July 1, 1991. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) I f 1: t t't % DATE: March 28, 1991 TO: Gerald Splinter, HRG Director , FROM: Julie Jones, HRG Administrator SUBJECT: First Reading of Ordinance requiring provision of recycling collection at multi - family dwellings At their March 21 meeting, the Hennepin Recycling Group board members approved the wording of the attached ordinance, which was developed by the HRG attorney. The purpose of the Ordinance is to bring each HRG city into compliance with Hennepin County Resolution #90- 8- 592R1, which states that municipalities must adopt ordinances that require property owners of multi- family housing to provide recycling services by July 1, 1991. Hennepin County is currently in the process of updating Ordinance 13, which will clarify the recycling requirements of multi - family building owners. Multi - family buildings will be required to recycle the same materials that are currently required in the single family residential curbside program: glass, cans, newspaper, corrugated cardboard, and plastic bottles. The apartment owner must contract for recycling collection or bring the recyclables to a permitted recycling facility at least once per month. Hennepin County is providing a $5 per household container reimbursement but is not subsidizing the cost of collection for multi - family owners. The Hennepin Recycling Group has notified all HRG area apartment owners by mail of the forth coming July 1 recycling deadline and had provided information regarding screening requirements and fire code regulations. Hennepin County will be holding an educational workshop for apartment owners on April 26. HRG staff is planning on being available at that workshop to help answer various questions and provide assistance. The draft Ordinance is now ready to receive it's first reading by the City Council which will allow plenty of time to meet the July 1, 1991 effective date. kk • BUREAU OF PUBLIC SERVICE A -2309 Government Center HENNEPlN Minneapolis, Minnesota 55487 -0239 HH Phone (612) 348 -6509 January 24,1991 T0: Municipal Recycling Coordinators The purpose of this letter is to keep you informed about the County's apartment recycling efforts. You will recall that last fall the County Board adopted Resolution 90 -8 -59281 which directed cities to adopt ordinances to require property owners to provide recycling opportunities to their tenants by July 1, 1991. Staff recommends that your ordinance require property owners to collect newspapers, cardboard, metal and glass food and beverage containers and plastic bottles for recycling. It is the same list of recyclables required of municipal curbside collection programs by the County's funding policy. The ordinance should require the addition of other materials as markets develop. Property owners must provide for pickup or self -haul of recyclables to a recycling center at least monthly. Staff is preparing specifications for the purchase of recycling containers containing at least 20% post- consumer plastic for purchase by property owners. The containers will be sold to the property owners* minus the subsidy of up to $5.00 per multi - family household. A Recycling Guide for property owners and managers is currently being printed. The guide provides information on developing effective recycling programs in multi - family housing and offers step -by -step procedures for implementation. Other promotional items such as posters for use in apartment hallways are being developed for distribution in March. We are also planning to offer an apartment recycling workshop for property owners this spring. More information on this will be available shortly. Questions about the container purchase, workshop or other aspects of apartment recycling should be directed to Caroline Truth. She can be reached at 348 -4136. Sincerely, Carl Michaud Recycling Coordinator enclosure HENNEPIN COUNTY an equal opportunity employer PRINTED ON RECYCLED PAPER RESOLUTION NO. 90- 8 -592K1 The following resolution was offered by Commissioner Andrew, seconded by Commissioner Spartz: WHEREAS, the Recycling Task Force requested that the County evaluate the cost of subsidizing collection services and containers for multifamily housing units; and WHEREAS, the Recycling Task Force also recommended that by 1991, the County develop an ordinance requiring that recycling opportunities be provided for -multifamily residents; BE IT RESOLVED, that Hennepin County amend Ordinance 13 to require that recycling services be available to multifamily housing units by July 1, 1991. Municipalities must adopt ordinances that require property owners of multifamily housing to provide recycling services by July 1, 1991; and BE IT FURTHER RESOLVED, that Hennepin County subsidize the cost of containers up to a maximum of $5.00 per multifamily household. The cities must apply for this reimbursement by December 31, 1991; and BE IT FURTHER RESOLVED, that five— to eight —unit buildings can be added at the city's discretion in 1990 to the existing municipal curbside service and would be eligible for funding under the current reimbursement policy; and BE IT FURTHER RESOLVED, that the 1991 funding policy be revised to reflect that the container subsidy will be the only County funding available for multifamily units above eight —plex. BE IT FURTHER RESOLVED, that the Board expresses its appreciation to the City of Edina for its assistance. Commissioner Johnson moved to amend the second resolving clause to add the language to provide that these containers shall contain 20% post consumer plastic material if available. The motion was seconded by Commissioner Andrew. and adopted unanimously. The question was on the adoption of the resolution as amended and there were Seven YEAS and No NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER A Jeff Spartz X Randy Johnson X John Keefe X John E. Derus X Tad Jude X Mark Andrew X Sam S. Sivanich, Chairman X RESOLUTION ADOPTED. ATTEST: Cler the Cou ty Board AUG 0 7 1990 7 v /O CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 3 of the Brooklyn Center City Charter. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3 OF THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 3.01 of the Brooklyn Center City Charter is hereby amended as follows: Section 3.01. COUNCIL MEETINGS. [On the first business day of January following a regular municipal election, the Council shall meet at the usual place and time for the holding of Council meetings.] The City Council shall hold regular meetings at such time and place as it by motion shall determine. Officers elected at the time of a regular municipal election provided for by this charter shall be sworn in and assume the duties of the office to which they were elected on or after the first business day of January, or at the first City Council meeting in January, or as soon thereafter as practical. Officers elected at a special election shall be sworn in and assume the duties of office to _which they were elected on any business day or at any City Council meeting after the issuance by the City Clerk of the Clerk's certificate of election. [At this time, the newly elected members of the Council shall assume their duties.] Newly appointed Council members shall take the oath of office and assume the duties of office upon appointment or on any business day or at any Council meeting after being appointed [Thereafter, the Council shall meet at such times each month as may be prescribed by ordinance or resolution.] The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty -four (24) hours' written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at the member's [his] usual place of residence with some responsible person. All meetings of the Council shall be in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. ORDINANCE NO. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted; underline indicates new matter.) 77 I L 7 ­7 League of Minnesota Cities = - Cities Bulleti Number 12 March 29, 1991 Problematic personnel proposals progress Carlson A trio of legislative proposals hiring permanent replacement workers regarding personnel issues are moving to replace other employees who are on releases new through the Legislature and seem strike. The House passed the bill (79- likely to pass. They address strike- 53) and the Senate Employment revenue forecast breakers, definitions of part-time and Committee passed it on a 7 -3 vote. See page 3 seasonal employees, and peace officer The votes have been almost exclu- discipline procedures. Each provides sively along party lines which would concerns for cities. indicate almost certain passage by the full Senate and a possible veto by Plan to attend the Strikebreaker Governor Carlson. Passage of the bill LMC Legislative H.F.304 (I. Anderson, DFL -Int'1 would remove a major risk to employ- Conference April 10. Falls) S.F. 597 would prohibit all ces who choose to strike. private and public employers from See Personnel, page 6 Economic development committee examines TIF Given the major changes in tax cities that do not receive any LGA. increment financing (TIF) that the -The Legislature has enacted a number 1990 Legislature enacted, Sen. James of programs to encourage cities to Metzen (DFL -So. St. Paul), chair of create housing for low- and moder- 4 the Senate Economic Development ate - income people, but the LGA/ and Housing Committee, asked the HACA cuts. "...penalize those cities League of Minnesota Cities and that area willing to go out on a limb several other organizations to explain and create low -mod housing. The j the basics of TIF and how the 1990 cuts give opponents of these projects changes affect cities. a way to beat down these projects," Arlin Waelti, a Minneapolis Casserly said. attorney, and Jim Casserly, a former -Pollution abatement is a major legislator and now an economic problem in older cities. The Legisla- development consultant, gave basic ture needs to encourage cities to information. Casserly explained that intervene. The 1990 law penalizes while many of the provisions of the cities. 1990 law create serious difficulties, in -Redevelopment, always difficult, is combination they create even more now even harder to do. difficulties. He cited a number of -Pooling restrictions and the require- Bill King, economic development director, policy problems for post- Apri130, ment that all activities be contracted Brooklyn Park, and chair of the LMC 1990 districts: for within five years of the district's Development Strategies Committee, 0 •Poorer cities, the ones that depend on creation force creation of large testified before the Senate Economic LGA and need encouragement to districts when trying to deal with Development and Housing Committee grow, are the cities the changes about tax increment financing. penalize. The changes don't penalize See TIF, page 5 League photo by Debra Nyberg The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legis- t Contents lative, administrative, and congres- sional actions that affect cities. It y also includes reviews of metropoli- tan area issues by the Association of 1 / Problematic personnel proposals progress Metropolitan Municipalities. 1 / Economic development committee examines TIF 3 / New state revenue forecast up $73 million League legislative staff members are 3 / C.C. Ludwig Award nomination deadline available to answer your questions 3 / Supreme Court rules city did not obstruct concerning legislation relating to employee's workers' compensation benefits cities. 4 / Where cities stand with federal stormwater regulations The Bulletin lists League and AMM 4 / Simoneau introduces limited pay equity authors of articles and bill summa - contracting -out bill ries by their initials. 7 / Transportation bill advances 8 / Committee strengthens city election authority 9 / Wetlands bills in thicket Gayle Brodt - -GB 10 / Omnibus housing bill under consideration Tim Busse - -TB 10 / Notice of hearing on annexation bill Jean Mehle Goad - -JMG 11 / Federal update Sarah Hackett - -SH 12 / Conferences Carla Heyl - -CH B1 / Bill Summaries Ann Higgins - -AH Inside Joel Jamnik - -JJ back Darlyne Lang - -DL cover / Municipal ads Andrea Lubov - -AL Minnesota Clerks and Finance Officers Association Debra Nyberg - -DN holds seminar Stanley Peskar - -SP Barry Ryan - -BR Correction Donald A. Slater - -DAS Jim Stigman - -JS In the March 22 Cities Bulletin, page John Tomlinson - -JT 5, John Erar, administrator, Biwabik, Peter Tritz - -PT was not included in the list of city officials who testified at the House , and Senate hearings on the gover- nor's proposed budget. League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 (612) 227 -56 Fax (61 221 -0986 Page 2 Printed on recycled paper LMC Cities Bulletin New state revenue forecast C.C. Ludwig Award nomination deadline up $73 million The deadline for submitting a The new state revenue forecast statewide homestead taxes under nominee for the 1991 C.C. Ludwig released March 28 showed slightly current law, even before the gover- Award is April 15. higher revenues and lower expendi- nor's proposals, are increasing the The League encourages you to tures, yielding an overall gain for pressure against the proposed cuts in nominate an elected or appointed city the 1992 -93 biennium of $73 property tax relief aids. official meeting the criteria outlined in million. With the $4 million Another promising aspect of the the rules... outstanding balance previously provided beyond new forecast is the $147 million leadership... unselfish concern for the $550 million reserve, a total of improvement in the forecast for the $77 million is available for budget 1994 -95 biennium. This gain will Public ar r excellence in municipal government. improvements beyond the $550 be helpful in selling the League's pove million reserve. position favoring use of $300 The League sent nomination While advocates for many million of the $550 million reserve materials, including the rules, to your components of the state budget will fund during the 1992 -93 biennium. city in January. bid for the increased revenue, cities The end of the Gulf war has should have a strong case, because reduced the possible down side in For more information or forms, the $330 million proposed city aid terms of risk of a deeper recession please contact Darlyne Lang at the cut in the governor's budget is by and further shortfalls. This factor League office, (612) 227 -5600. DL far the largest dollar cut. Recent also encourages use of more of the estimates of 20 percent increases in reserve fund. JT Supreme Court rules city did not obstruct employee's workers compensation benefits p On March 22, 1991 the Minnesota he continued medical treatment. able," the Supreme Court nevertheless Supreme Court, in Flaherty v. Lind- When Flaherty returned to full -time ruled that the city did not intentionally say, ruled that the City of Brooklyn patrol duties, his knee worsened. obstruct workers' compensation Center did not obstruct a former police The city refused to allow him to benefits or incur civil liability by its officer's workers' compensation use a larger car and sent him home as actions. An "offer of unsuitable benefits. unfit for duty. Flaherty received employment, while offensive," does Cities may offer an available job workers' compensation benefits which not result in an obstruction of benefits to an injured employee, without were never interrupted or delayed under state law (Minn. Stat. 176.82). fearing that damages in a civil lawsuit during the time he was eligible. The "Construing a job offer made under could result if the employee found the city offered Flaherty the position of factual circumstances similar to this job offer to be unsuitable. The Court code enforcement officer which the case as an attempted obstruction ruled that the city could not be liable trial court described as "essentially a covered by the statute may deter for civil damages ($50,000 in punitive dog- catching and ticket - writing job." conduct that the Legislature intended damages, $44,900 in attorney fees, and The court found that the city believed to encourage, that of reemployment of $10,000 in compensatory damages), that if he rejected this job, the city injured workers." when the city did not actually delay or would be relieved of its workers' com- The League's Municipal Amicus deny workers' compensation benefits. pensation obligations. The trial court Program (MAP) along with the City of Dennis Flaherty served as a patrol said that the job offer was made in bad Minneapolis filed an amicus curiae officer for the city when he hurt his faith. brief in the case and helped prepare knee while responding to a call. The While describing the city's the city's argument. LMCIT litigated city assigned him to light duty while conduct as "b no means commend- the case on behalf of the city. C11 Y Y March 29, 1991 Printed on recycled paper Page 3 Where cities stand with federal stormwater regulations Without much, if any warning, all airports. Consequently, unless coordinate their members' group cities in Minnesota are now facing the modified, the new rule will require all applications. expensive prospect of having to obtain cities which "own or operate" these We hope that the MPCA can come a federal permit from the Environ- "activities" to obtain a permit. up with a cheaper alternative, such as mental Protection Agency (EPA) for a general permit or a permit by rule. r stormwater discharges from city - What should we do? Either of these approaches would be owned facilities and structures. While there are several options cheaper and easier than other options. available to cities, the most prudent is Finally, we hope Congress will 4 How did this happen? once again alter or suspend this Ah to wait and see what Congress, EPA, The problem now confronting and/or the Minnesota Pollution Control program. As an example, Congress is cities has its genesis in the 1972 Agency (MPCA) are going to do. currently acting to delay the original federal clean water act which requires An individual city with a landfill March 28, 1991, deadline for filing a EPA to issue discharge permits and or large wastewater plant could file for group application to September 30, control pollution levels entering the an individual permit. Since each 1991, and to direct that EPA provide waters of the United States from every activity requires a separate permit, and technical assistance regarding implem- manmade discharge point. EPA since each permit can run from entation. responded by requiring permits of $25,000 and up, we don't feel many League staff are evaluating these wastewater treatment plants and cities will want to rush to this option. options and focusing on the latter two. certain industries like power plants and Cities could join together and seek We hope the picture will become paper companies. EPA was promptly to file a group permit, which would clearer soon so we can provide sued for its limited interpretation and cover all similar activities. These members with a recommendation for resisted efforts to force extension of could be separate groups for open and implementation. In the meantime, city the regulatory system to stormwater closed landfills, wastewater treatment officials should contact our congres- discharges until the mid -'80s. plants, or airports. The North Carolina sional delegation regarding the cost Since these federal permit League and the North Carolina and potential difficulty of complying requirements and rules would apply Association of Counties have at- with this new unfunded federal not only to storm sewer discharge tempted to follow this option and requirement. JJ pipes (millions) but every entry of storm water into receiving streams and lakes (countless), it looked like an impossible task for cities and industry. Simoneau introduces limited pay In 1987, Congress agreed that some- thing less would suffice. equity contracting -out bill The 1987 law limited permit requirements to industrial activities Rep. Wayne Simoneau (DFL- proposed law would be ineligible for and systems serving 100,000 people or Fridley) has introduced a bill which reimbursement under state law. more. Since most cities have their would require that a school district (Minn. Stat. 124.646.) own systems, the law was widely that contracts with a private contrac- Although the bill does not affect viewed as having only limited impact for for food service to include the cities or local governments other in Minnesota (Minneapolis and St. employees of the contractor actually than schools, the League is worried Paul would the only cities working within the district's food that passage of this bill could lead to systems affected). ed). So thougg ht. service operation in the district's the future prohibition of other However, November 16, s e " a equity" EPA promulgated rules which clasi- p a y equity si- Y J ob evaluations y stem. contracts with "non-pay q Y' fied many city activities as "industrial H.F.959 would also require a businesses. Further, the bill would activities." If a city had an "industrial district, as a condition of its contract apply even in situations where no i activity" which was on the EPA list, it With the food service contractor, to current food service employees are wnli;d have to get a permit, regardless require the contractor to pay its on the payroll. its size. Included permit, the EPA's list employees covered by the job evalu- One of the benefits of this bill, of i I of i s activities are sanitary ation at levels adequate to maintain however, is that it should generate landfills (open ti dosed sewage an equitable compensation relation- greater interest in the pay issue by ship among all the employees schools and private sector treatment plants which process more covered by the job evaluation." Any businesses. JJ than one million gallons per day, district which would violate the vehicle maintenance facilities, and Page 4 PrWed on recycled paper LMC Cities Bulletin I . TIF, continued from page 1 redevelopment. Large districts tend strategy and economic development take further hits from redevelopment ?" to capture inflationary growth, he policy. "All cities in Minnesota are he asked. "Legislators need to said, precisely what the Legislature affected by TIF," he said. "The issue articulate the role of the public sector was trying to eliminate when it is not that some cities win and others in economic development and redevel- passed the 1979 TIF act. lose, but that TIF dollars are not opment. Tell us (cities) what you want He also expressed concern that the available to cities." from us," he concluded. Department of Revenue, in its role as He expressed concern for cities Dick Graves, Minneapolis enforcer of TIF legislation, may create with eroding tax bases and increasing Community Development Agency, r rules and regulations that will increase costs for providing city services. In explained how a city project providing the cost to cities of doing TIF projects. his city, he explained, nearly one -third housing for frail elderly would have A number of city officials also of the population live in large apart- been impossible if it had been a post - testified at the hearing. Jim Prosser,, ment houses that are about 30 years April 30, 1990 project. As it is, the city manager, Richfield, said that old. The city would like to redevelop city is losing $900,000 over the life of when he came to Minnesota 15 years some of those properties, but cannot the project. City aid losses would ago, he was impressed by the quality afford to lose any of its LGA. have been another $200,000. of city planning. Revitalization in his Brooklyn Park lost about Andrea Lubov, LMC staff, city, an inner ring suburb, was possible $250,000 in LGA so far this year, and presented data showing how the use of because of TIF. expects to lose that much again in TIF has fallen to about one - quarter of In Richfield, the removal of land December. "How can we afford to its pre -April 30, 1990 rate. AL from the tax base for highway and airport expansion, has made TIF a critical tool for keeping Richfield a vital city. The city expects to lose : z nearly 700 homes in the next few years, but costs will not decrease proportionately. "It is important for '. people to invest in their cities. With- out relief from the changes enacted in 1990," he concluded, "I'm afraid we will end up with a disposable city." Bill King, economic development director, Brooklyn Park, and chair of the LMC Development Strategies e Committee, characterized the 1990 - amendments to TIF law as a "Rambo strategy" to reform. He stressed the need for a statewide, comprehensive Jim Prosser, city manager, Richfield told committee members how TIF made revitalization possible in his city. League photo by Debra Nyberg More testimony on Carlson budget ' proposal a 3 Larry Bakken, mayor of Golden Valley i ° and president of AMM, was one city t ! official who testified during House and Senate committee hearings held throughout the state. The focus of the hearings was Governor Carlson's budget proposal. Bakken testified at a hearing at Edina City Hall. Photo by Ralph Campbell March 29, 1991 Printed on recycled paper Page 5 Personnel continued from page 1 While the Legislature still doesn't chief proponents of the bill, AFSCME, DFL- Brooklyn Center) now bears onl* require that employers pay or provide to drop their efforts to eliminate the a faint resemblance to the bill as benefits to striking employees, not 67 -day limit for seasonal/temporary introduced. , having to worry about a possible employees. The bill's provisions would not permanent job loss certainly will Rep. Rukavina has been receptive apply to criminal investigations or increase the leverage for employees in to the arguments of public employers human rights violations, only internal t negotiations. and respects their position. The same disciplinary proceedings. Formal if not true of all members of the House statements of officers could only be Part -time and seasonal Labor- Management Committee. taken at certain places, and only after employee definitions Many private and public employers, the filing of a written complaint and don't cover or appear before the providing the officer with a summary H.F.173 ( Rukavina, DFL- Virginia) committee because they feel commit- of the allegations. The bill would would eliminate the 14 -hour thresh- tee members won't listen to employer require the keeping of a complete hold for determining an employee's testimony. record of the "sessions," an attorney or eligibility for collective bargaining. League staff was the only public union representative would have to be An interesting House Labor- Manage- employer representative to testify at the "sessions," and the city or other ment Committee passed the bill on a against the bill. The chairman of the local or state agency would be liable divided voice vote. committee, Rep. Joe Begich, dis- for any damages, including costs and Under the current public employ- counted the League position on the attorney fees, which are caused by the ment labor relations act ( PELRA) an basis that our lawsuit against the employer messing up any of the proce- employee must work at least 14 hours extension of the prevailing wage rate dures. per week or 35 percent of the average law to road projects, and other past White the bill's goal is to prevent work week in order to belong to a activities, indicates our desire to keep officers from being abused, the League union. Inclusion of part-time employ- down the normal laborer. is concerned that the bill will be used ees under PELRA poses a potential Rep. Rice assailed both our by "bad" cops to hold onto their jobs problem for cities and other public testimony and our testifier. or leverage larger cash settlements out Am employers, including the state. On the positive side, several of the public as a condition of "accept - First, is the likelihood that public representatives, including Steve ing" their discharge. The bill would employers will eventually, through Sviggum and Phil Krinkie, demon- allow an employee to recover the collective bargaining, have to increase strated a firm grasp of the issue and a salary lost on a suspension without pay salaries and benefits for their part-time concern for local governments. Rep. if the suspension was imposed in employees. Second, the bill would Sviggum attempted, unsuccessfully, to violation of the bill's procedures, even severely limit the current ability of restore the part-time threshhold. if the punishment was deserved. public employers to continue to The bill now goes to the House Not only will the bill make provide services during a strike by Governmental Operations Committee. employers very careful when taking using supervisory and part-time It has not yet been heard in the Senate formal statements, it will also provide employees. Finally, because the Employment Committee. a significant disincentive to taking a definition of employers in PELRA has formal statement at all. Instead, a city been somewhat adopted for use in the Peace officer discipline could reduce its liability exposure by pay equity law, there is at least the not talking at all to officers who have possibility that we will have to include procedures complaints filed against them. part-time positions in our job evalu- A bill which would create a series Because League staff were not ation systems. of new discipline procedures and other provided an advance copy of the The League, with the assistance of rules for peace officers has passed out amendments, we were not able to the Association of Minnesota Counties of a House subcommittee and now respond at the hearing. Both the and the Metropolitan Inter - County goes to the full House Judiciary League and the Police Chiefs Associa- Association, had persuaded the author Committee. After subcommittee tion will continue our opposition to the of the bill, Rep. Tom Rukavina and the amendments, H.F.67 (Carruthers, bill. JJ i Page 6 Printed on recycled paper g LMC Cities Bulletin Transportation bill advances Cities should encourage legislators to authorize transportation utility The House and Senate Transporta- The authority for a utility fee for each city and would be approved by tion committees have both begun transportation expenses in a city would council ordinance. An administrative hearing the Omnibus Transportation follow the current statute which and legal appeal process would be Bill, S.F.5981H.F.723 (summary on permits storm sewer utilities (Minn. available as for most city council page 11, Cities Bulletin #9). Although Stat. 444, 1983). The storm sewer decisions. the bill, in its original form includes utility set the precedent for charging -The bill would impose the fee on all some new transportation- related for a city service without proving developed property to fund the revenue options, the League and the specific benefit and without precise operation, administration, and main - City Engineers Association of Minne- metering of use. The authority was tenance of the local street system. No sota support additional authority for a based on the idea that everyone particular properties would receive city - operated transportation utility. benefits from a well - functioning storm increased benefit from the fee. The The League urges cities to sewer system, and that a technical, bill assumes all residents receive ad- contact their legislators to support well - founded measurement, short of vantage from a working transporta- this authority for cities. Reductions metering, can be developed to equita- tion system. Even those property in state aid and tight levy limits bly share the costs of the service. owner's who do not drive on the city place financial restraints on the Some of the concept and justifica- streets are benefitted by a system transportation needs of Minnesota tions for the transportation utility which facilitates mail delivery, cities. Some legislators see utility include the following issues. garbage collection, police/fire/ fees as "just another tax." The -Substantial cuts in state aid to cities ambulance responses, public buses, League contends that cities need over the last several years and tight etc. additional revenue options and a tool levy limits are serious constraints on -Calculation of the fee would be based to address their transportation the spending levels of many cities. on property use or type, to reflect needs. The special assessment law does not traffic generation, not the property's The provisions in the bill that allow cities to assess the real costs of value (vacant land exempt). Quanti- propose a street surcharge on building street maintenance or reconstruction liable engineering data would be permits and a transportation - related because of the requirement for "proof available to closely estimate the special service district have met with of benefit" to the property owner. traffic generated by types of property substantial opposition. (The transpor- Most cities have been delaying and actual traffic counts. tation study board report recommends infrastructure maintenance and repair -The fee could be collected as part of both of these proposals.) Opponents because of limited revenues. each property owner's monthly utility say these provisions place additional -Transportation would be classified as bill (a separate billing process would and undue burdens only on new con- a part of the infrastructure which also be established for those property struction. The League sees the benefits the entire community. There owners not using other city utilities). possible flaws of each of these tools, are nearly 16,000 miles of city streets Revenues from the fee would be used and is enlisting support for a fee -based in the state. Streets actually do have solely for transportation - related utility to fund the construction, recon- a finite "life" of 30 to 50 years, de- purposes. struction, and maintenance of city pending on maintenance efforts. -Special levies for bonded debt for street systems. -This user fee would not be a property transportation purposes would decline The transportation study board tax, a special assessment, nor is it in- markedly in cities and taxpayers report also recommended authorization tended to generate general fund would be relieved of those additional for a transportation utility. Those who revenues. Property tax revenues, and costs. are against the surcharge and the municipal state aid funds for cities -Finally, Minnesota cities need a special service districts have been over 5,000 population, would not mechanism which provides adequate quite receptive to the utility option, meet the reconstruction and mainte- revenues on an annual basis to plan and both the House and Senate authors nance needs of local streets. and pay for annual maintenance of the bill have agreed to the substitu- -The utility fee would be optional for program costs. SH tion. March 29, 1991 Printed on recycled paper Page 7 Committee strengthens city election authority Local election officials could have election official; campus within the city. Since it will the authority to approve suitable * Requiring that rooms to be used not be possible to sort the housing list polling place locations and parking for for polling locations be separated from by precinct, county election officials voters at public facilities and could other building activities (to avoid would have to make copies of the require school districts to pay a portion circumstances in which election listings for cities, which, in turn, of the cost of conducting combined activities are interrupted by ongoing would have to see to it that copies of city - school elections. programs and activity within the student housing lists for addresses in The Elections and Ethics Division building). the city are distributed to all precincts of the House General Legislation Lawmakers also approved changes for all elections. Committee added those local election in state voter registration require - improvements to H.F. 478 (Lasley, ments. Supporters of the change hope Reverse referedum to DFL- Cambridge), election housekeep- to reduce the need for vouchers for ing legislation, on Tuesday, March 26. students wishing to register to vote in change election dates The division approved the bill. The precincts where they live while Statutory cities that decide to full committee could hear it by next attending college or other post- change the date of local elections week (April 4). secondary institutions. would be subject to a reverse referen- Legislators have an interest in the The amendment Rep. Dorn (DFL- dum if signatures of eligible voters lack of suitable polling place loca- Mankato) introduced would require totaling at least 10 percent of the votes tions. City officials see this as an that students receive a student photo cast in the last city election sign obstacle to encourage voter participa- ID card and that election officials petitions requesting a referendum on lion. receive a list of the addresses of the proposed change. Ordinances Other changes city officials want students enrolled in the institution who changing the year of the city election and the division added as amendments reside within 10 miles of the campus. would be effective 240 days (eight to the bill include: In addition, students would have the months) after enactment and publica- * Authorizing cities to determine chance to register to vote in the fall tion (or at a later date fixed by the method of voting for combined when they pay tuition or other fees. ordinance). The ordinance would not local elections when school districts Committee members voted to remove become effective unless a majority of schedule balloting on the same date as the photo ID requirement and replace voters voting on the question approve the regular city general or primary it with a means of identification the new date at a general or special election; without requiring that they be issued to election that the city must hold within * Changing the order of elective students. 60 days after receiving the petition. offices on the ballot so that city Legislation in the Senate includes Rep. Ron Abrams (IR- Minne- elective offices will follow federal, these proposals as requirements for all tonka) introduced the amendment. state, and county level positions and post - secondary institutions. The House Elections & Ethics Divi- will be prior to elective judicial Election officials should deter- sion approved the change and added offices; mine whether such modification of the provision to H.F. 478 (Lasley). If * Authorizing cities to allocate a voter registration requirements for enacted, the amendment would proportionate share of election costs to students would help reduce the need establish new requirements for school districts for combined city- for election day vouchers at precint statutory cities seeking to change the school district balloting conducted on polling places. It is also important to date of local elections from odd- to the date of regular city elections; evaluate how well it would work to even- numbered years and would affect * Making the selection of polling use a student housing list that must be all ordinances approved within 180 , place locations in public facilities copied and distributed to all precinct days (six months) prior to the day subject to the approval of the local locations within 10 miles of any following final enactment of the legislation. AH Page 8 Printed on recycled paper LMC cities Bulletin Wetlands bills in thicket With only two weeks until the amendment would purchase state park Chart - Current H.F.1 Permit Fee deadline for committee passage, land. All of these projects, though Structure wetlands protection legislation is positive from an environmental mired in committees in both the House perspective, would find funding hard Fee for and Senate. to come by. each * City residents will pay the lion Volume appropriated annually million Arguments against share of wetlands protection, town residents won' Under 100 million gallons $ .0 passage 100 -150 million gallons $1.50 The February 8, 1991, Bulletin * There are many significant listed possible funding options for 150 - 200 million gallons $2.00 200 -250 million ga.tons $2.50 problems facing the Legislature this wetlands protection. Three of the 250 - 300 million gallons $3.00 session, most significantly the budget. options, increasing DNR water 300 -350 million gallons $3.50 Neither the House nor the Senate are appropriation permit fees, a surcharge 350 - 400 million gallons $4.00 proposing cheap wetlands protection. on public water supply utility bills, or 400 -500 million gallons $4.50 Proposals have ranged from $10 to $90 extending the sales tax to water and/or 500 -1000 million gallons $5.00 million. Why, some ask, should we sewer bills, fall disproportionately on 1000 -2000 million gallons $5.50 add to our budget problems? city residents. The amount of money 2000-3000 million gallons $6.00 * The House and Senate versions generated varies, but is significant: 3000 -4000 million gallons $6.50 are radically different. H.F.1 (Munger 4000 -5000 million gallons $7.00 DFL Duluth) seems a little less cum Maximum 5000 ? million gallons $7.50 bersome, but more threatening perhaps Current Proposed to property owners, than does S.F.3 * The filling or draining permit (Davis, DFL- Princeton). While Water appropriation $4.6 m $11 m process would not get easier. Both legislators anticipated that the bills fees (paid by cities bills would make future development would start to "come together" as a to DNR) can be more difficult to undertake if it result of amendments, this has not passed through involves wetlands. Attempts to happened. It now looks like many streamline review procedures and issues will be left for the conference Public water supply $0 $3.2 if $1 eliminate duplicative approvals, have committee, if the bills get that far. charges (paid direct- per given way to a focus on the compensa- ly by 3.2 million customer, * Both bills would currently cost customers, collected $922,000 tion and control issues. about $50 million, and finding that by city) connec- amount won't be easy. The bills tions Arguments for passage unlike state shoreland regulations, zoning ordinances, and other police 6 percent sales tax The Legislature could fully power measures would compensate - -water $0 $9.4 m accomplish its primary goal of people who would have the use of - -sewer $0 $10.3 m protecting wetlands by specifying that their property restricted. The House all wetlands (or only some) will be ro ses permanent easement ac uisi- Another option would be to levy P Po Pe 9 treated as public waters. They could tion at a cost of 20 rcent of the the six percent sales tax on pesticides; � this would generate $6.3 million then be mapped like lakes and pro - average market value of agricultural tected like lakes. Counties could have property in that township. The Senate annually. responsibility for protecting wetlands sal in some cases could exceed The League prefers using the en- proposal trust fund Estimates of in unincorporated areas and cities 100 percent of the average market . could take the lead in incorporated value. Both bills also spend money n lottery proceeds are $16 million in � y 1991 areas. With proper maps and bo . This alternative seems to be the u nda- other programs, most notably the ries, the existing zoning controls could reinvest in Minnesota (RIM) conserva- least painful. The accompanying chart easily apply. Most cities would not lion ram ro . The Senate bill even shows what the existing House bill P g would do to permit fees. have to even amend their ordinances. finances fish habitat and a proposed The state would not have to spend a See Wetlands, page 10 March 29 1991 Printed on recycled paper Page 9 R EBUILDING Wt`df3nds continued from page 9 AMERICA NEIGHBORHOODS dime for compensation. Agricultural no longer would there be a maximum IS EVERYONE and development interests could obtain fee of $35,OWyear for permittees permits or variances at the local level. which have three of fewer pemiits. BUSINESS* This approach may be too easy to However, no city or other users have any chance of passage. Hearings (except power producers) would pay will continue following the Easter more than $350,000 annually. j break. In short, some cities may have The proposal would raise or their fees eliminated while others eliminate certain caps. For instance, could see their costs double. JJ O n *bus housing bill -A l u er consideration J " T .e House Housing Committe, less that will also help them rehabili''.. 1 chair d by Karen Clark (DFL- Minnea- late vacant housing, and implement a. polis) is considering a wide - reaching lead abatement fee imposed on hous'n- bill (H.F. 714). petroleum storage tanks with revenue P ?,e committee approved amend- going to abating lead pollution. Red.: merts to the bill which would elimi- Rich O'Connor (DFL, St. Paul) offered rate tiie L GA/HACA cuts for housing an amendment that would expand TU districts, create programs to some powers of the St. Paul housing prevent homelessness, extend home- and redevelopment and port authori stead property tax class rates to rental ties. The com.'nittee passed the housing for the homeless, delay amendment. When one neighborhood increases in property value for im The committee expects to fiiniiti declines, a whole community can provemerts made to housing in target its work on the bill during the week of collapse like a house of cards. neighbarhoods, implement a program April 1 AL That's why a non - profit part - to provide job training for the home- nership called NeighborWorks is rebuilding housing and building °—� a stronger community. And that's good for business. So make it your business to i nee, of hearing on get involved.Write Neighbor- Works, P.O. Box 41406, Bolti- annexati 1 11 more, MD 21203-6406. Or call 1- 800 - 245 -6957 There is a hearing set for Thurs- planning agency. day, April 4 at 8 a.m. before the Senate The Coalition of Greater Minhe- Local Government Committees, Room sota Cities supports the bill. It is 107 Cppitol, on S.F. 1013 (Kelly, scheduled last on the agenda and there DF L -St. Paul), which would abolish are eight other bills on the agenda.- the municipal board and transfer an- If you have questions or wish to NeighborWorks nexation review authority and related testify on the bill, please contact RmSing ate Rebulk P* responsibilities to the office of Sandie Wood, committee administra- administrative hearings and the state tive assistant, at 296 -2011. JJ 1 0T I Page i0 Printed on recycled paper LMC Cities Bulletin Federal update NLC urges support of seven -day waiting period for handgun purchases A National League of Cities tion of Metropolitan Municipalities give law enforcement agencies a policy supports a waiting period for (AMM) also supported the Brady bill. chance to enforce 1968 federal statutes handgun purchases similar to Minne- They appeared at an NLC press con- that prohibit sales of weapons to sota law. City officials should contact ference calling for passage of the felons, minors, or those considered to Minnesota Congressmen to urge them legislation. be insane. The debate in Congress has to support the "Brady Bill" (HF 7). The bill (HR 7) is scheduled for focused on calling on gun dealers to The bill would help create a national floor action in the U.S. House of transmit applications for handgun un g network to provide law enforcement Representatives, perhaps as soon as purchases to local police departments officials improved control over next week. Several Minnesota and requiring a seven -day waiting handgun purchases by enacting the congressmen are undecided or opposed period before the application is national seven -day waiting period for to the issue. Rep. Gerry Sikorski is effective. The proposal does not handgun purchases. undecided. Reps. Penny, Weber, require police to do a background Mark -up of the legislation is Peterson, and Oberstar are opposed. check of applicants, although most expected to take place immediately Rep. Ramstad has co- authored a departments would likely carry out at after the Easter recess (which ends substitute measure (HR 1412) that least a review process. April 9). While members of Congress would call for creating a national In Minnesota, police departments are home in their districts, city identification check system for those routinely check police records during officials have an opportunity to urge convicted of felonies. Supporters of the waiting period. In St. Paul, support for the measure. NLC has HR 7 argue that it is not yet techni- congressional testimony indicated that developed a comprehensive lobbying cally feasible to establish an accurate 20 applications for such purchases packet including each member's national felon identification check were rejected last year out of a total of stance on the issue, a summary of HR system. 630 applications. In Maplewood, 7 and changes Congress made during Ken Collins, president of the where Collins is Police Chief, the hearings during the '90 session. Other Minnesota Association of Chiefs of department had rejected 10 out of 125 information includes a comparison Police, testified earlier this month applications in 1990. between the "instant" check computer before the U.S. House Subcommittee The National Rifle Association system and the proposed waiting on Crime and Criminal Justice in supports the alternative measure (on period process, and an overview of HR Washington, D.C. He urged Congress which Rep. Ramstad is a co- author), 1412, which has been introduced as an to enact a seven -day waiting period arguing that a national computerized alternative to the Brady bill. and background check. Right now, he ID check should be in place. But, the If you are interested in the indicated that those wishing to get U.S. Justice Department has indicated information contact the League. LMC around the state law can simply buy that a hotline system such as in HR has not developed policy on this issue guns in other states and bring them 1412 proposes is not feasible for at because state law already requires a into Minnesota. According to Collins' least several years. seven -day waiting period for handgun testimony, rejections of handgun By contrast, the system under the purchases. applications are due to criminal Brady Bill could take effect immedi- During the NLC Congressional- history, chemical dependency, or ately. It would require federal officials City Conference in March, LMC mental illness. But he emphasized that to notify federal licensees of the new President Robert Benke and other these background checks are effective requirements and provide them with Minnesota city officials including only if police have sufficient time to standardized forms to use to check Larry Bakken, mayor of Golden do them. with local law enforcement officials. Valley, and president of the Associa- Supporters say the proposal will AH March 29, 1991 Printed on recycled paper Page 11 Conferences • State Planning Agency holds Chart a course for skill building seminar the 1 0s..eattend the The State Planning Agency is tors. Topics include an overview o 19 9 1 s ;1 ®ta holding a skill- building seminar for conflict, alternative dispute resolution _ public employees called "Effective processes, characteristics of negotia- State 'eRn —n ing Negotiation." tion, an overview of the positional The seminar will be May 22 -23, bargaining approach, and an overview Conference September 11 -12, and November 13- of the interest -based negotiation 14, 1991, at the Energy Technology approach. The City of Duluth is hosting the Center, 1450 Energy Park Drive, St. For more information contact 1991 Minnesota State Planning Paul. Roger Williams, Office of Dispute Conference on May 8 0-10, 1991. The The seminar will train public em- Resolution, State Planning Agency at theme of the conference is "Charting a ployees to be more effective negotia- (612) 296 -2633. GB Course for the Nineties." The program is for government officials, planning commissioners, and MPCA holds ground water citizens interested in local develop- ment and planning issues. sampling workshop Featured speakers include State Planning Commissioner Linda Kohl The Minnesota Pollution Control trip, field procedures, safety considera- who will address how the Carlson Agency (MPCA), division of water don, and QA/QC consideration. administration's strategies for the '90s quality, is holding a workshop on Field instruction topics include will affect professional and citizen ground water sampling on April 8 and taking water levels and determining planners and Tony Nelessen, an 9, 1991 at the Holiday Inn in Shore- well depth, purging a well, taking field authority on the subject of neotradi- view. measurements, sampling with a bailer, tionai town planning. Classroom instruction topics and non -point sampling. For more information contact Rita mn include introduction to sampling For more infoation contact Johnson, 1991 conference chairperson, ground water, planning the sampling Neal Wilson at (612) 296 -8838. GB (612) 441 -4547. GB St. Petersburg hosts fifth annual Time is running local government sports and events ®ut. °° management conference Register for the LMMC The City of St. Petersburg, Florida tors; economic development directors; 1991 Legislative will host a conference for local and others from local governments. Conference governments called "Sports and Events The conference offers local Management '9U' It will be held April government officials an opportunity to 10 -12, 1991 at the St. Petersburg share information and learp_ more Wednesday Hilton and Towers. about the competitive and complex April 10 1991 ' The International City Manage- businesses of owning and operating rnent Association (ICMA) Sports and convention, trade, and exhibition Convention Center Consortia is facilities and managing sports facili- Find the agenda and sponsoring the conference. It will ties, teams, and events. bring together top decision makers; For more information contact John the registration elected and appointed officials; Connor at ICMA, 777 North Capitol form in this Bulletin. attorneys; stadium, arena, and conven- St. N.W., Suite 500, Washington, D.C. tion center managers; finance direc- 20002 -4201, (202) 962 -3666. GB Page 12 Printed on recycled paper LMVtC Cities Bulletin Participatlng orgadzaUona Association of Metropolitan Municipalities Coalition of Greater Minnesota Cities Minnesota Association of Small Cities F I Municipal Legislative Commission Range Association of Municipalities and Schools Ramsey County League of Local Governments ` League of Minnesota Cities 1991 Legi Conference Wednesday, April 10, 1991 Radisson Hotel, St. Paul t Agenda 9:30 -10:30 a.m. Property Tax Issues, Radisson Hotel "The Amazing Disappearing Act: Local Government Aid to Cities" Representative Paul Ogren Senator Doug Johnson 11:00 -Noon Capitol Rally, Capitol Rotunda (LMC will provide shuttle buses) City officials will hear and respond to legislative view points concerning funding for cities Speaker of the House Robert Vanasek Representative Terry Dempsey Senator Roger Moe Senator Duane Benson 12:30 -1:45 p.m. Luncheon, Radisson Hotel (LMC will provide shuttle buses) Where do cities stand with the Carlson administration? Will Governor Carlson introduce an alternative to LGA? * Governor Arne Carlson i 2:00 -3:15 p.m. Concurrent Sessions Protection of Wetlands - -The League supports modifying and increasing existing governmental protection of wetlands resources - -does the Legislature agree? Senator Chuck Davis Ron Nargang, Deputy Commissioner, Minnesota Department of Natural Resources Representative Marcus Marsh Transportation Issues in Minnesota -- Funding and Structure-- Federal and State * Commissioner John Riley, Department of Transportation * Senator Keith Langseth * Rep. Henry Kalis 3:30 -5:00 p.m. Concurrent Sessions Classification Rates- -What changes should the state make in property tax rates for low, middle, and high -value homes, rental housing, and commercial - industrial property? What do legislators predict will actually happen in light of the state's budget deficit? * Representative Alan Welle * Senator David Frederickson Senator Ember Reichgott ` Senator Gen Olson Presidential Primary /Redistricting - -Who will pick up the tab for the price of the presidential primary? Will the Legislature have redistricting boundaries finished by 1992? * Secretary of State Joan Anderson Growe * Representative Linda Scheid 5:15 -7 :30 p.m. Reception for City Officials and Legislators * Invited to speak LMC 1991 Legislative Conference Wednesday, April 10, 1991 Radisson St. Paul Hotel 11 East Kellogg Blvd. St. Paul, Minnesota 55101 Registration City (Please print or type) Name Title Name Title Name Title Registration fee: $70.00 advance Advance Registration $80.00 on -site. Deadline - -April 3, 1991 Check enclosed in the amount of $ Fee Includes conference registration, luncheon, and evening reception with legislators invited. Mail to League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101 Radisson Hotel St. Paul DON'T FORGE7-- Make check or money order payable to Radisson Hotel St. Paul. Do not send currency. ORGAN17ATTON Leavue of i*+neartta -ides FUNCTION _ 1991 Lericlativc Conference DATES April 9- 10.1991 ALL REQUESTS FOR THE ABOVE GROUP MUST BE RECE VED BY April 11991 Pleat reserve aeec®odatiane for Print or Type Name co-Pany LAst First Addr as City State Zip Coda Sharma to= rLh No. of persona Signature Phone Number CHECK IN TIME 3:00 p.m. Month Day Year Antral Time Month Da Year CHECK O T TUDAE 12:00 p.m t , Arriral Date Departure Date Accommodations will not be conflumed without a check for the 1 st night's deposit or use your Amex or Diners Club credit card number to guarantee your reservation. You will be charged for the 1 st night if reservations are not canceled 48 hours prior to arrival. Clod's card a O A— ❑ Dinars Qub O Via O Maatateatd P.apinaim date (Phase check one) PLEASE CHECK PREFERRED ACCOMMODATIONS Special Reduced Rates for Members Only $68 Single $68 Double (2 people) Bill Summaries * Indicates League support or general conformance to League policies. Courts and crime operations review committee. The bill authority for local economic develop - would grant the subject of an operation ment authorities (including city Uniform traffic tickets cause of action if the subject suffers development agencies) to participate H.F.728 (O'Connor, Farrell, Si- injury or death due to the negligence with the GMC in seed capital invest - moneau, Trimble, Boo) (Transporta- or criminal activity of a state or ments in projects in their own districts. tion) would require that uniform traffic political subdivision employee. TB AL tickets specify the consequences to a violator who fails to respond. The bill Coroner and medical examiner data Tax increment financing S.F.812 (Cohen, Ranum, Knaak) H.F. 964 (Winter, Ostrom, Hugoson, would require notice to the Depart- would Public Safety of unpaid fines, (Judiciary) would keep information a Pelowski, E. Olson)(Economic ment notice to the individual, and county coroner or medical examiner Development) would eliminate LGA/ with court no a suspension tie driver's license until collects classified as protected HACA cuts for non -metro cities estab- the individual pays the fines. The bill nonpublic data if the manner of death lishing "exempt" tax increment financ- would require a pays fee to reinstate was homocide, undetermined, or ing districts after April 30, 1990. The after suspension, with the funds going pending investigation, and if an active bill would define exempt districts as aft a the highway fund for law enforce- law enforcement investigation is redevelopment districts or other to meat. TB underway. The bill would allow the districts where at least 90 percent of county attorney to release the data to the square feet of buildings con - Drug sale or possession penalties relatives if the investigation would not structed or rehabilitated are for manu- S.F.736 (Kelly, Cohen, Luther, Marty) be impeded. Information would be facturing, warehousing, storage, distri- (Judiciary) would include public classified private or nonpublic when bution (excluding retail sales) or housing zones as areas where the sale the investigation was no longer active. research and development. The bill and possession of a controlled sub- TB would extend the life of exempt stance would carry a more severe economic development districts to the penalty. The bill would define a public Eminent domain over railroad shorter of 15 years from approval of housing zone as any residential properties the tax increment financing plan or 13 property owned by the state or a S.F.834 (Merriam) (Judiciary) would years of increment. AL political subdivision, plus the sur- allow the use of eminent domain rounding area of 300 feet or one city power over properties railroads own. Port authorities block whichever is greater. TB The bill would allow acquisition if the H.F. 997 (Orenstein, O'Connor, property is of no use to the railroad, if Hanson) (Economic Development) Seat belt use some part of the property contains land would authorize port authorities to S.F.766 (Kelly, Spear, Frank, pollution, or if the authority intends to exercise their development powers on McGowan, Reichgott) (Judiciary) develop the property. The bill would projects outside their port authority would make proof of a person's failure also require that public use of the land districts, but within the state, provid- to use seat belts admissable evidence be judged a superior public use. TB ing the governing body of the city or in litigation involving personal injuries town in which the project is located or property damage to prove the fault Economic development approves. Any governmental unit in of that person. TB which the project is located may *Seed capital fund contribute funds or property in support Undercover operations H.F. 1088 (Segal, Hausman, Cooper, of the port authority's economic S.F.787 (Knack, Spear, Neuville) Winter, R.H. Anderson)(Economic development program. AL (Judiciary) would establish guidelines Development) would allow the Greater for law enforcement undercover Minnesota Corporation (GMC) to Elections and ethics operations including limits on opera- establish a regional seed capital tions and standards for selecting program which would supply equity School activities on election day targets. The bill outlines the use of funds to small emerging Minnesota H.F. 943 (Weaver, Scheid, Lynch, entrapment and due process defenses, businesses. The bill would allow tax Abrams, Dorn) (General Legislation) and would require specific findings of credits to people investing in the seed would prohibit public primary and reasonable suspicion by an undercover capital funds, and would provide March 29, 1991 Printed on recycled paper BI Bill ' sum maries continued secondary school districts from establishing environmental protection licensed by January 1, 1992. The bill holding school - sponsored events requirements or fees. The bill would also would place a five -year morato- between 6:00 pm. and 8:00 p.m. on prohibit political subdivisions from rium on new solid waste incinerators, the date of a special election in the establishing requirements of under- and would set supplementary recycling local election jurisdiction where the ground or above ground petroleum goals for counties. TB school is located. AH storage tanks that are more stringent 4 than federal or state laws, rules, and Battery regulations Student identification cards regulations. TB S.F.793 (Dahl, Merriam, Morse, S.F. 947 (Hottinger, Morse, Luther, Lessard) (Environment & Natural Traub) (Elections & Ethics) would Packaging requirements Resources) would establish maximum require that all colleges (including H.F.779 (Munger, Wagenius, Bauerly, allowable content levels of mercury in community and technical colleges) R. Johnson, Weaver) (Environment & batteries. The bill would also prohibit provide students with photo ID cards. Natural Resources) responds to many batteries containing a mercuric oxide The college would have to submit a of the concerns regarding packaging electrode, or an alkaline manganese list of addresses for enrolled students that the SCOPE report discusses. The battery that contains mercury. TB to the county auditor(s) to be used for bill would preempt local regulations, election day voter registration. set a state goal of 25 percent reduction Eminent domain liability Students would have to provide in discarded packaging by July 1, S.F.822 (Merriam, Pogemiller) proof of residence by showing either a 1994, and propose a packaging fee on (Environment & Natural Resources) valid student ID card (if the housing hard to dispose of items. The bill would provide that a governmental address list has also been submitted to would also establish and set the duties unit that acquires property through election officials by the institution) or of a packaging advisory council. eminent domain, or a person who a current student fee statement Membership f the council would acquires property from a governmental P q p p y g ntal containing the student's valid precinct consist of half public sector represen- unit, is not liable for the removal and address. tatives and half private sector repre- remediation of hazardous waste solely Colleges and other post- secon- sentatives. TB because of the acquisition. The bill dary institutions would have to make would also protect from liability voter registration forms available to Acquisition of wetlands property owners who acquire property students at the time of tuition payment H.F.836 (Schafer, by request) (Envi- involuntarily. TB and to inquire whether students wish to ronment & Natural Resources) would register to vote at that time. Colleges require the land exchange board and Solid waste disposal facilities would have to forward voter registra- county boards to consider a number of S.F.825 (Merriam, McGowan, Adkins, tion forms to the county in which the concerns before approving acquisition Laidig, Dahl) (Environment & Natural student maintains residence (or to the of wetlands. County boards would Resources) would eliminate the secretary of state) prior to the deadline have to look at impacts on local units inventory process used to site solid for pre - registration. The House of government, public road access, waste disposal facilities in the metro Election Division added similar provi- affect on land values, and the environ- area, and would eliminate the Metro - sions to H.F. 478 (Lasley) and ap- mental impact of the acquisition. The politan Council's authority to set proved the bill on Tuesday, March 26. bill would eliminate input from the disposal capacity by county. The bill AH local soil and water conservation would also remove the requirement district, and would allow affected that counties acquire sites and buffer Environment landowners to appeal. TB areas for facilities, and would continue the Metropolitan Council's levy Mandatory recycling authority for debt service on solid Petrofund reimbursement S.F.778 (Marty, J. Johnson, Finn, waste bonds. TB i H.F. 44 (Sparby, V. Johnson, Brown, Price) (Environment & Natural Cooper, Vanasek) (Energy) would Resources) would require each city or Authority of watershed districts change reimbursement eligibility town with a population of more than S.F.831 (Flynn, Ranum, Dahl, Mer- through the state petrofund. Changes 5,000 to have a recycling program by riam, Morse) (Environment & Natural would preempt rules and ordinances of July 1, 1992, and would require each Resources) would expand the authority political subdivisions requiring or municipal solid waste collector to be of watershed districts to assess the B2 Primed on recycled paper LMC Cities Bulletin Bill summaries continued costs of work, including but not establish a Minnesota residential target neighborhoods in eligible limited to engineering and legal fees. property tax study commission to second class cities. The bill would The bill would allow watershed study residential property tax burdens appropriate $20 million to fund the districts to prosecute certain violators, in Minnesota with emphasis on owners community resources program for the and would provide for the recovery of , of lakeshore and seasonal recreational 1991 -1993 biennium. AL attorney fees. Penalties would be set residential property. Membership between $100 and $1,000 for each day would consist of eight residential Personnel of the violation, up to a maximum of property owners and would be ap- $ TB pointed by the governor. The report from this commission would be due to Video display terminals Finance and taxation the Legislature by January 1, 1992, H.R.755 (Trimble, Farrell, Clark) with recommendations for legislative (General Legislation, Veterans Affairs action in the 1992 session. SH & Gaming) would establish a complete Local aid for small cities system of regulation and enforcement H.F.868 (Wenzel, I. Anderson, E. Fire state aid of video display terminal working Olson, Omann, Danner) (Taxes) would S.F.760 (Bertram) (Taxes & Tax Law) conditions. The bill would define create a separate local aid distribution would adjust proportionately the standards such as seating and lighting formula for cities with populations of distribution of state fire aid to incorpo- requirements and allowing for alterna- less than 1,000 beginning with aids rated or municipal fire departments tive work for a short period of time. paid in calendar year 1992 and that provide fire protection to other The bill would also establish a video thereafter. The formula for this cities, towns, or townships. TB display terminal advisory committee to program would be the average revenue study and make recommendations on per capita times the city's population, adverse worker health and safety minus its city tax capacity. The aid General government issues. An employer who violates this distribution for these cities could not act would be liable for a civil penalty exceed its city revenue. (It is probable Loans for political subdivisions of up to $500 for each day the viola - that this would mean that the aid H.F.889 (Girard, Cooper, Bettemtann, tion continues. TB would be limited to one half of a city's Lieder, V. Johnson) (Local Govern - revenue base, total levies plus state ment & Metropolitan Affairs) would Military benefits aid.) The bill would limit increases to allow local governments to obtain H.F.831 (Limmer, Sama, Long, $50 per capita per year. Aid to each loans from agencies within the USDA McEachern, Jefferson) (General city under this local government aid other than the Farmers Home Admini- Legislation, Veterans Affairs & program would be grandfathered at 90 stration. The bill would allow loans Gaming) would allow members of the percent of its distribution in the for the acquisition of rescue equipment national guard or reserve units who previous year. SH and the repair of existing facilities and serve parts or all of two calender years equipment. The bill would not require to receive pay and other benefits for Regional library special levy cities to include the amount of the loan each calender year of service. The bill H.F.925 (Bauerly, McEachem, (currently they must include it) when would limit the benefits so they could Gruenes, Bertram, Omann) (Educa- computing the net debt of a city, and not extend beyond four years. The tion) would allow a special levy for a the bill would not require an election change would be effective January 1, regional library system of up to eight (currently it is required) to authorize 1991. TB percent in the year in which previously the loan or the use of the funds. TB unaffiliated libraries join a regional Safety provision violations library system. The limit would Housing H.F.844 (Rukavina, Begich) (Labor- remain six percent per year for all Management Relations) would other regional libraries. Effective for increase the benefits of an employee taxes levied in 1991, payable in 1992, Community resource program injured as a result of an employer and thereafter. SH H.F. 1157 (Mariani)(Housing) would failing to comply with, or failing to expand the definition of eligible city to enforce compliance, with a state or Minnesota residential property tax include second class cities outside the federal statute or rule. Benefits would study commission metro area and second class cities in increase by 15 percent but would not H.F.990 (E. Olson, R. Anderson, Blatz, the metro area that are contiguous with exceed $15,000. TB Rest, I. Anderson) (Taxes) would a first class city. The bill would define March 29, 1991 Printed on recycled paper B3 Bill summaries continued Small cities — contract services up to $20 per motor vehicle on any make motorcycles eligible for physi- 0 H.F.894 (Uphus, Omann, Bertram, purchase or acquisition from any retail cally disabled license plates and Dille) (Local Government & Metro- business in the city. parking privileges. The bill would politan Affairs) would allow officers The bill would authorize Mankato allow vehicles displaying handicapped of a unit of government to contract for to use the proceeds of this tax to pay plates free parking at parking meters construction services with that unit of the construction and operation ex- without time restrictions, unless posted government, provided it has a popula- penses and bonding costs for an urban on a separate sign. TB tion of 1,000 or less. TB revitalization project in downtown Mankato known as Riverfront 2000 Speed zone regulation by cities Special legislation (convention center, arena, and river- H.F.835 (Runbeck, Orfleid, Valento, front park). Under the bill, the city Morrison, 1. Anderson) (Transporta- could issue bonds of up to $25 million lion) would allow home rule and Cottage Grove, Woodbury, SL Paul outside levy limits and debt limits statutory cities to establish a local Park, and Newport: Special levy without an election for these projects. speed zone on any segment of a local S.F.907 (Price) (Taxes and Tax Laws) The bill would authorize North street within the city. The speed limit would allow the cities of Mankato to use Cottage the proceeds of this tax could not be less than 25 miles per Grove, Woodbury, St. Paul Park, and to pay for the construction of a fire hour. This local speed zone would be Newport to levy up to $5 per capita station, expansion and remodeling of effective at the time the city posts under a joint powers agreement for the the existing municipal building, and signs indicating the beginning and end salaries and benefits of peace officers related facilities. The city could issue of the zone. The bill defines a local primarily assigned to investigation of bonds up to $2 million outside levy street as having a single name continu- crimes involving drugs or teaching limits and debt limits without an ously throughout its use, lying entirely drug abuse resistance courses in election for these projects. Effective within the corporate limits of the city, schools. This levy would be outside the day after approval by each city and not part of or connecting with a levy limits. Effective for taxes levied council. The cities must impose the street or highway that extends beyond in 1991, payable in 1992, and thereaf- tax and determine its rate on or before those corporate limits. SH 0 ter. SH December 21, 1992. SH Littering fines Mankato and North Mankato: Transportati H.F.882 (Blatz, Pugh, Wagenius, Motor vehicle excise tax Seaberg, Vellenga) (Transportation) S.F.948 (Hottinger, Adkins) (Local would increase criminal and civil Government) would authorize Handicapped parking clarifications. penalties from $100 to $400 for Mankato and North Mankato to H.F.823 (Lynch, Valento, Lasley, littering while driving. TB impose a motor vehicle excise tax of Garcia, Pauly) (Transportation) would BUOV"MEMoUP PLEDU` 1 r `> I pledge, for the next two weeks, to buckle -up, to protect children by placing them in safety belts or child safety seats, and to encourage my fellow passengers 1 , to get into the buckle -up habit. ® Signature Date ® Address Icitvl Iststel (zips ' erlc� / Telephone No. 0 B4 Printed on recycled paper LMC Cities Bulletin A Mun icipal ads Municipal ads are printed at no charge to membercitles. Ads run in one Issue only unless notice is received to 'Tire apparatus" on the envelope. Forest Lake run a second time. The Cities Bulletin is published weekly during the legislative session and twice a month Fire Department reserves the right to reject any t during the Interim, the time between session Municipal Ada will appear In the next available Cislrs Butktln, and all bids in best interest of the deportment. Cities have the right to reject any or all bids on equipment or proposals, and to waive any informalitles POLICE CAR. The City of Bloomington therein. Minnesota cities are equal opportunity employem will accept firm sealed bids for the sale of a damaged 1990 Ford Crown Victoria police car. It t Positions may be seen at 9750 James Ave. S., Bloomington For sale and will be sold "as is." Send bids to Purchasing CITY ADMINISTRATOR. The City of FLEX MATERIAL. Flex material for crack Agent, 2215 W. Old Shakopee Rd., Bloomington, Oakdale (population 18,323) is seeking a city filling. Fifty two --60 lb. boxes. Make offer. MN 55431, no later than April 3, 1991. The City administrator. Oakdale is a rapidly developing St. Contact Jo Ann 439 -2530. reserves the right to reject all bids. For further Paul suburb. The council has the mayor and four FIRE APPARATUS. The Forest lake Fire information contact Art Abrahams or Jim members serving four -year staggered terms and Department has for sale a 1954 GMC pumper, Bleicher at (612) 887 -9662. elected at- large. The city has a $3.6 million 500 GPM, 850 gal. tank, 270 CI six cyl.--new in SOIL TESTING EQUIPMENT. The City of general fund budget, $2.0 million enterprise fund 1976, approximately 50 hours on engine, five Bloomington has for sale a variety of soil testing budget, and 55 full -time employees. Require - speed transmission, 18,000 miles and includes equipment, including augers, scales, compaction ments include a B.A. degree in public administra- ladders and four channel radio. A 1977 F350 molds, sieves, infrared oven. Call 881 -5811, ext. tion, business administration, or related field; the Ford rescue van and personnel and equipment 254 to get a complete list of equipment available. equivalent in a related experience, and a truck. Ambulance box type body. 19,00 miles. Bids must be submitted to the Purchasing Agent, minimum of 5 years previous municipal 460 Cl, automatic transmission. AC, build for the 2215 W. Old Shakopee Rd., Bloomington, AI experience; and knowledge in economic devel- fire service. For further information call Chief 55431 no later than April 3, 1991 for all or any opment, finance, administration, and personnel. Bruce Wightman at (612) 464 -5521 or write portion of the equipment. The city reserves the Stress on demonstrated leadership and interper- Forest Lake Fire Department at 220 N. Lake St., right to reject all bids. sonal skills. Closing date is May 1, 1991 at 430 Forest Lake, MN 55025. Submit sealed bids to USED MOWERS. Used Tiger mowers with p.m. Starting salary is open. Submit application Forest Lake Fire Department no later than 12 or without tractor. Flail or rotary (side or rear). to Administrator Search Committee, 1584 Hadley noon, May 1, 1991. Should be clearly marked Call (612) 890 -3326 or 1- 800 -658 -5491. Avenue North, Oakdale, MV 55128. EOE COMMIJN= DEVELOPMENT SPE- CIALIST. The City of Hopkins is seeking a �. community development specialist who will work economic development. D ing and Does l Minnesota Clerks and Finance economc dvelopment. uties include activities relating to retail and communityvelopment, Officers Association holds seminar coordination of economic development promotional activities for city, management of downtown public parking system, and admini- stration of commercial rehabilitation loan The Minnesota Clerks and This is an opportunity to program. Must be familiar with federal, state, and Finance Officers Association is improve your understanding of the local community development programs. Must holding a two -day seminar on basic principles of accounting and have excellent written and communication skills and have a degree in public administration, financial reporting for cities on reporting which are common to business administration or related field and two the modified accrual basis of governmental accounting, double years experience in a community development accounting. entry bookkeeping classification of related area. Prefer individual with NDC Seminar locations and dates accounts and common terminology, certification. Salary range is $27,600 to $37,100 and benefits. For application and job description, are: budgetary control financial report- contact City of Hopkins, 10 10 1 st St So., Best Western Inn ing, and payroll and personnel Hopkins, MN 5 53 43, (612) 935 - 8474. Applica Thief River Falls accounting. tion deadline is April 19, 1991. EOE April 4 1991 The seminar is for anyone PARKS MAINTENANCE SUPERINTEN- DENT. The City of Apple Valley is seeking a involved in municipal government parks maintenance superintendent who will Sawmill Inn modified accrual basis of account - report to the parks and recreation director. Apple Grand Rapids ing. Clerks and finance officers, Valley is a rapidly developing Twin Cities April 11 -12, 1991 deputy officers, bookkeepers, and suburb. Responsibilities include administration of a 14 people parks maintenance division. Prefer staff responsible in any areas of BA in park management or maintenance or Redwood Inn day -to -day financial operations related field and three to five years work experi- Re dwood Falls should attend. ence, previous supervisory experience and April 18 -19 -1991 For more information and to successful operation and day -to -day repair of parks maintenance unit Salary range is $37 reserve your space call (612) 235 - to $44,500. Completed city application must be Best Western Inn 4913. received by April 26, 1991. For an application Brooklyn Park contact Personnel Department, City of Apple April 25 -26, 1991 Valley, 14200 Cedar Ave., Apple Valley, MN 55124, (612) 431 -8800. EOF/AA Printed on recycled paper it FIRST CLASS U.S. POSTAGE PAID St. Paut, MN PERMIT NO 322 League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101 -2526 Phone: 612 - 227 -5600 FAX: 612 - 221 -0986 The League of Minnesota Cities publishes the Legislative Bulletin weekly during the Legislative session and twice monthly during the interim, the time between -: sessions. Subscriptions: members -$35; non- ` T• . members -$50. Contact Laurie Audette, �__� 't �._ i �..� .: , �._• �-ii � � •:- r , i ,, , ' League of Minnesota Cities. Donald Slater ^ �,' `I n Executive Director 1 APR 1 1991 Debra Nyberg Assistant Editor Jean Atehle Goad Editor League of Minnesota Where to get legislative information at the Capitol* Cities Legislative Staff Copies of bills Joel Jamnik House Chief Clerk's Office - 296 -2314, Rm. 211, State Capitol Environment, personnel, public safety, general government Secretary of Senate's Office - 296 -2343, Rm. 231, State Capitol John Tomlinson ! Taxes, finance Bill status, authors, companion, committee referral (by bill number, i Sarah Hackett author, or topic) Taxes, finance, transportation House Index - 296 -6646, Rm. 211, State Capitol Stanley Peskar Pensions, personnel, public safety Senate Index - 296 -2887, Rm. 231 State Capitol Donald Slater Development tools Weekly committee schedules, bill introductions, and summaries of Ann Iliggin Federal legislation, elections, ethics committee and floor action Barry Ryan House Information Office - 296 -2146, 175 State Office Building Taxes, finance Senate Information Office - 296 -0504, Rrr 231, State Capitol Andrea Lubov Tax increment financing, bond allocation, housing Recording of the following day committee schedule and agenda, Jim Stigman (after 4:30 p.m.) Legislative network "House Call" (House committee schedule) - 296 -9283 Tim Busse Senate Hotline (Senate committee schedule) - 296 -8088 Legislative Assistant r Mary Diedrich Legislative Secretary To reach a member on the House or Senate floor Julie John House Sergeant at Arms - 296 -+860 s Legislative Secretary Senate Page Desk - 296 -4159 Association of Metropolitan Municipalities Legislative Staff To notify the governor's office of your concerns Governor Arne Carlson - 296 -3391, Rm. 130, State Capitol Vern Peterson Executive Director Roger Peterson *All addresses are St. Paul MN 55155 all area codes 612 Director of Legislative Affairs > > I CITY OF BROOKLYN CENTER council Meeting Date 4/8/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED LEGISLATION TO PROVIDE FUNDING FOR WETLANDS PROJECT BY IMPOSING SURCHARGES ON PUBLIC WATER SUPPLIES (DISCUSSION ITEM) ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIREMR OF P06LIC WORKS MANAGER'S REVIEW /RECOMMENDATION: J 'vi No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: su lemental sheets attached Y es � PP ) • The Minnesota Legislature is currently considering legislation designed to provide a greatly improved level of protection for wetlands and to impose much stricter mitigation standards relating to intrusions which may still be allowed under the new policies. Without debating the merits of the proposed standards, it is noted that the proposed legislation includes provisions to fund the wetland protection program by imposing water use charges on all public water supplies, using one or more of the following fee structures: (1) a 6% sales tax on water use charges; (2) an annual surcharge of 50 cents per person served by the public water supply; and /or (3) a substantial increase in the City's water appropriation fee. ( Note : Brooklyn Center's water appropriation fee was increased from $1,575.00 in 1990 to $6,007.50 in 1991. This proposal would dramatically increase that fee again.) A letter from the North Center Section of the American Water Works Association (AWWA), along with their enclosures, is attached for the Council's information. A draft resolution which, if adopted, would object to the use of this method of funding the wetlands program is provided for consideration by the City Council. Council Action Required Review.. Comment... Consider adoption of the draft resolution. Y AMERICAN WATER WORKS ASSOCIATION NORTH CENTRAL SECTION 1 dINNE5OTA AND NORTH DAKOTA Reply to: Gerald S. Allen, Chairperson Water Utility Council 1931 West County Road C2 St. Paul, MN 55113 March 27, 1991 Reference: WETLANDS LEGISLATION AND POSSIBLE ASSESSMENT OF PUBLIC WATER SUPPLIES FOR FUNDING Dear Municipal Water Utility official: The legislature is considering Wetlands legislation in this Session (House File No. 1 and Senate File No. 3). Some of the methods of funding this Wetlands legislation include : applying the 6% State Sales Tax to water use charges [A WATER TAX] ; an annual surcharge of 50 cents per person served by public water supplies assessed by the Commissioner of Health to each public water supply [A WATER TAX] ; and /or a substantial increase in the water appropriations fee that would increase the cost of operating all public water supplies [A HATER TAX] .. All of these proposed collected funds would be designated for use described in the Wetlands legislation and related projects, and NOT for uses related to the improvement of water supplies to Minnesota's water consuming public. You, as a water utility official, know the cost of furnishing quality water to the consumer is increasing rapidly and will be expected to increase by 2 or 3 times because of Federal Safe Drinking Water regulations already in effect. The Water Utility Council of the Minnesota Section, AWWA, is a group charged with the responsibility to evaluate and comment on legislative, regulatory, and other matters which directly affect water utilities. I have enclosed a copy of the list of members of the Water Utility Council. I have also enclosed a copy of the Council's Position Statement regarding the Wetlands legislation. Please let your elected officials know about this legislation that can be potentially costly to the people that you serve, so that these officials, along with yourself, can contact your legislators (call or write a letter) . Let them know how these proposed funding methods would affect your annual operating budget. If these proposed funding mechanisms pass and become law, you will be required to collect to fund the .`Jet sl i n a dd i t i on t_ it e l this tax � lands lagi at n r. e pro ad e q u a te , -, s drinking water to your customers. If you have any questions regarding this matter, feel free to contact me at (612) 636 -7173. Sincerely, d Le', - Gerald S. Allen, Chairperson. Water Utility Council Enclosures: Position Statement List of Water Utility Council Members List of House and Senate Members I POSITION STATEMENT WETLANDS PROTECTION LEGISLATION - FUNDING BY THE NORTH CENTRAL SECTION OF THE AMERICAN WATER WORKS ASSOCIATION MARCH 15, 1991 The North Central Section of the American Water Works Association (NCS -AWWA) , representing community water supply systems in the State of Minnesota, opposes the funding methods for the proposed Wetlands legislation (Senate Files 3 and 26, and House Files 1, 40, and 61) that assesses charges to people served by municipal water utilities because this proposed legislation is of limited benefit to municipal water utilities and the people they serve. Minnesota's local community water utilities are experiencing significant financial demands due to: - The Federal Safe Drinking Water Act (Enacted in 1974 and Amended in 1986) - Staggering 1990 increase in DNR appropriation permit fees - Increased energy and production costs The federal government estimates that current and proposed federal drinking water legislations and regulation will result in water rates doubling and possibly tripling (not considering inflation) during the next few years. These large increases can potentially drive the cost of water (a basic human need) beyond the resources available to many of our citizens, particularly older people and those who are on limited and fixed incomes. It is therefore imperative that no additional financial burden be placed upon Minnesota's water users, where there is no direct benefit to the water consumer. Please structure the funding methods for the proposed Wetlands legislation (Senate Files 3 and 26, and House Files 1, 40, and 61), so that municipal water utilities and people served by these utilities are not inappropriately and unduly burdened. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING RESTRUCTURING OF FUNDING MECHANISM FOR WETLANDS LEGISLATION WHEREAS, proposed legislation (Senate files 3 and 26, and House files 1, 40 and 61) is now under consideration in the Minnesota legislature to provide for the preservation, enhancement, establishment and restoration of wetlands; and WHEREAS, said proposed legislation contains provisions to provide funding for wetlands protection by assessing charges to people served by municipal water utilities; and WHEREAS, it is the opinion of the Council of the City of Brooklyn Center that the proposed legislation is of limited benefit to the municipal water utilities and to the people they serve; and WHEREAS, local community water supply utilities are already experiencing major financial demands due to (1) implementation of the Federal Safe Drinking Water Act (which may result in doubling or tripling water rates), (2) dramatic increases in DNR appropriation permit fees in 1990, and (3) increased energy and production costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that members of the Minnesota legislature are hereby requested to restructure the funding methods for the proposed wetlands legislation (Senate files 3 and 26, House files 1, 40 and 61) so that municipal water utilities and people served by these utilities are not inappropriately and unduly burdened. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4Z8/91 Agenda Item Number �-[—,:r& REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED LEGISLATION TO AUTHORIZE ESTABLISHMENT OF TRANSPORTATION UTILITIES ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAP RECTO F PUBLIC WORKS z MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 4 SUMMARY EXPLANATION: (supplemental sheets attached Yes ) . Attached hereto is a packet of correspondence from the City Engineer's Association of Minnesota (CEAM) and the League of Minnesota Cities (LMC) describing a proposal which has been developed by these two groups for legislation which would authorize cities to establish "Transportation Utilities ". It is my understanding that this proposal has recently been incorporated into the Omnibus Transportation Bill (H.F. 723/S.F.598). This proposal to allow establishment of "Transportation Utilities" was developed in response to the cities' reducing ability to provide funding for transportation system improvements as a result of reductions in state aids, levy limits, court rulings regarding special assessments at the same time that the need for transportation system improvements is increasing because of deterioration of the infrastructure. This proposal would allow each city to establish a "Transportation Utility" similar to the "Storm Drainage Utility" which Brooklyn Center adopted this year. Fees charged to properties would be based on the property's use or type so as to reflect traffic generation. Arguments in support of this proposal include (1) that fees charged under this system would be user - based, and (2) that these fees would provide a long -term, stable, dedicated funding source for a city's transportation system. One argument against the proposal is that, since the transportation fees are not regarded as taxes, they would not be tax deductible on personal income taxes. • Noting that this proposed legislation only enables (but does not require) cities to adopt a Transportation Utility, I recommend that the City Council adopt a resolution supporting this proposal, which would "place the tool into the toolbox A draft resolution is provided for consideration by the Council. City Council Action Required Review... Discuss... Consider adoption of the draft resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE ESTABLISHMENT OF TRANSPORTATION UTILITIES WHEREAS, currently proposed legislation (H.F. 723/S.F. 598) includes provisions to authorize cities to establish "Transportation Utilities "; and WHEREAS, it is the opinion of the Brooklyn Center City Council that this proposal is a fair and viable response to the need to provide adequate funding opportunities for the operation, maintenance and improvement of a city's transportation system; and WHEREAS, the proposed legislation allows each City to elect whether or not to adopt a transportation utility to serve as a funding source for its transportation system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Council hereby supports those portions of the proposed legislation (H.F. 723/S.F. 598) which would authorize the establishment of Transportation Utilities. 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 ENGINEERS ASSOCIATION of MINNESOTA TO: CEAM Legislative Committee FROM: Bruce R. Bullert, Chairman SUBJECT: Omnibus Transportation Bill DATE: April 2, 1991 The Omnium Transportation Bills are being amended this evening, April 2, by both the Senate Transportation Committee and the House Transportation Committee. A number of items have been changed based upon discussions that have occurred over the last two weeks. It appears that these bills will incorporate most of the items that we have requested with the League of Minnesota Cities through our correspondence and direct contact. In particular, the Transportation Utility is to be included in both of the bills at this time. The League of Minnesota Cities, in conjunction with the City Engineers Association, has promoted the Transportation Utility both from an overall Committee standpoint as well as contact with individual legislators. The groundwork has been laid for the necessary legislation to be passed which would allow cities the -option of adopting a Transportation Utility or not, based upon their individual circumstances. It is imperative, at this time, to continue presenting our position to other City Engineers, City Managers /Administrators, City Council members and in particular, Legislators to build support for the passage of this Transportation Utility legislation. Enclosed is information summarizing the Transportation Utility purpose, benefit, advantages, etc. The City Engineers Association adopted the Transportation Utility as one of its major goals to accomplish in this legislative session. The opportunity is now here to accomplish this legislation but it requires effort on everyone's part to educate and promote the Transportation Utility concept. Also, even though individual cities may not wish to establish a Transportation Utility, other cities, especially older communities with older streets, are faced with serious problems in financing infrastructure replacement programs in view of the proof of benefit requirement for 429 assessments. Your cooperation and assistance in this matter will be very helpful. P.S. Also enclosed is a copy of the latest packet of information submitted by the League and City Engineers Association to the overall Ominous Transportation Bill for your information. omnibus Transportation Bill S.F.598 / H.F.723 The League of Minnesota Cities and the City Engineers Association of Minnesota support inclusion of authority for a transportation utility in the Omnibus Transportation Bill. Some of the concepts supporting a transportation utility for Minnesota cities: * There have been substantial cuts to state aid to cities over the last several years. Levy limits are serious constraints on the general fund spending of many cities. Cities must bond heavily to cover the costs of construction, reconstruction, and maintenance of their transportation systems. Revenue shortages are resulting in delay and neglect of many transportation systems throughout the state; * Transportation is one component of a city's infrastructure and benefits all residents and property owners in the community. There are nearly 16,000 miles of city streets in the state. Cities under 5,000 receive no direct state aid for their streets, cities over 5,000 receive Municipal State Aid for only 20 percent of the streets in their boundaries. * The special assessment law allows cities to assess only a small portion of the costs of maintenance or reconstruction because of the requirement for "proof of benefit" to the property owner. With the exception of a few newly developing suburbs, cities in Minnesota (including first and second ring suburbs, central cities, and most cities in Greater Minnesota) have city streets which are 50 year old or more. Currently, a city may only assess an amount equal to the increase in the market value of the property. An existing street, even in decayed condition, still provides service, and therefore severely limits this use of special assessments because the improvement does not substantially increase the property's value,. Even when special assessments are applied, the high costs of street maintenance /reconstruction result in assessments in excess of $1,000 per year. A transportation utility fee, because it would be collected gradually and expended in a timely manner, would diminish the impact of special assessments for each property's share of its burden for the city's transportation system; * The need for special tax levies to pay the costs of bonding for transportation purposes would decline markedly. Cities 1 would be able to collect the fees and quickly expend them for necessary projects rather than assemble larger, costly plans and incurring the additional costs of issuing debt; * All residents are assumed to be advantaged by a working transportation system. The fee would be imposed on all developed property to fund the construction, reconstruction, operation, and maintenance of the local street system. No particular properties receive increased benefit from the fee. Even those property owner's who do not drive on the city streets are benefitted by a system which facilitates mail delivery, garbage collection, police /fire /ambulance responses, public buses, etc.; * A transportation utility would operate under current statute, it would be comparable to the storm sewer utility authorized in 1983. The storm sewer utility set the precedent for charging for a city service without proving specific benefit and without metering. Authorization was based on the idea that everyone benefits from a well- functioning storm sewer system, there is no rational basis for the property owner on the top of the hill not sharing the costs of controlling the water which flows by their property, and that a technical, well- founded measurement, without metering, can be developed to equitably share the costs of the service; * A transportation utility would provide a long -term, stable, dedicated funding source. Streets do have a finite "life" (approximately 30 to 50 years), depending on maintenance efforts, weather conditions, traffic, etc. Many cities have "pavement management programs" of regular seal coating and overlay to extend the overall life of the system. The opportunity for a city to fund such needs on an ongoing basis with a utility would facilitate responsible transportation planning. * The fee calculation would be based on property use or type, to reflect traffic generation, not the property's value. Categories could include: single family, multiple family, commercial, industrial, institutions, golf courses, etc. Technical engineering data is available on trip generation by property type (the Institute of Transportation Engineers), transportation system design methods of calculating traffic volumes, and field data collection methods (car- counting machines on roads). The fee would likely be based on type of property, street frontage or unit basis calculation, and a basic rate multiplier; * A small fee could be collected as part of each property 2 owner's utility bill. Depending on each city's transportation needs, the fee in most communities should amount to only a few dollars per month. All revenues from the utility would remain in the separate transportation utility fund and be required to be spent for transportation specific purposes; the revenues would not be used to finance the general fund * The user fee of the utility has a rational basis, is related to a specific municipal purpose, is not a property tax, is not a special assessment, and is not intended to generate general fund revenues. Users of the street system already pay a share of the costs of constructing and maintaining streets through gasoline taxes, motor vehicle registrations (benefit from these revenues is distributed only to cities over 5,000 and only for streets on the Municipal State Aid system), and property taxes. The revenues generated through these sources do not meet the needs of the systems of local streets. The additional costs of maintaining a street are not recoverable under the current system; * Passage of authority for a transportation utility provides enabling legislation only -- the utility fee would have to be established independently by individual cities and implemented by council ordinance. An appeal process would be available: as part of standard practice for a city, the city council hearing where the ordinance would be discussed would be advertised in the city (newspapers, cable tv, etc.), comment would be taken at the hearing, appeal of a council's decision to use the utility fee could be made to the council, the appeal opportunity would be ongoing -- for the utility itself and for the rates or rate changes, and further disputes could be taken j to district court for remedy; * Cities need a mechanism which provides adequate revenues on an annual basis to plan for and pay for construction, reconstruction, and regular maintenance program costs April 2, 1991 3 183 University Ave. East St. Paul, MN 55101 -2526 League of Minnesota Cities (612) 227.5600 (FAX: 221 -0986) March 27, 1991 TO: Members of the House Transportation Committee FROM: The League of Minnesota Cities and the City Engineers Association of Minnesota The League of Minnesota Cities and the City Engineers Association of Minnesota have spent the last two weeks reviewing H.F.723/S.F.598. Discussion on the bill have included the City Engineers Association of Minnesota, the League of Minnesota Cities Legislative Coordinating Committee, and staff from the League of Minnesota Cities and the Association of Metropolitan Municipalities. The resulting comments and recommendations come to you with support from both the City Engineers Association and the League of Minnesota Cities. Sarah I. Hackett Bruce R. Bullert Legislative Representative Chair, CEAM Legislative League of Minnesota Cities Committee 1 S.F.598 / H.F.723 0 ARTICLE 2 HIGHWAY JURISDICTION Section 1. Highway Board The League of Minnesota Cities and the City Engineers Association of Minnesota recommend that a process be established for the completion of a functional classification study, which would be followed by a jurisdictional plan. Only when these have been accomplished will action by the Board be appropriate, and should authorization exist for the Highway Board as it is created. The bill already indicates that responsibility for a functional classification study and jurisdictional plan be conducted and administered by the proposed Advisory Commission on Transportation. No action should be taken to appoint members of the board, nor should the board be activated, until the commission completes these tasks. In addition, during the study process, it is vital that the issue of adequate funding for jurisdictional changes be resolved. The decision - making responsibilities of the board which will determine statewide responsibility for roads and highways require that it be a balanced representation of the state and local governments responsible for streets and highways. Statewide, umbrella organization for cities, counties and townships should be responsible for appropriate membership. Numerous constituency groups s exist for both counties and cities in the state. For example, the League is considered to have at least eight subgroups of its membership. The League would make such recommendation with adequate representation from smaller cities, and the metropolitan area. And, most importantly, appointment, not recommendation, of members of the board should be made by these groups. The League of Minnesota Cities and the City Engineers Association of Minnesota recommend that the Minnesota Department of Transportation have a representative on this board. In addition, we believe that because of the issues which will be addressed by the board, it is advisable that the governor be responsible for appointing a non - voting (except in the case of a tie vote) chair for the board. 2 -40 ARTICLE 4 PORT DEVELOPMENT ASSISTANCE The League of Minnesota Cities and the City Engineers Association of Minnesota are taking no position on this article. The League of Minnesota Cities Legislative Coordinating Committee has serious concerns about the source of funding for a new program to address harbors and navigational systems for limited areas at a time when overall funding, for transportation and general state aid programs, is so limited. ARTICLE 5 LOCAL HIGHWAY FINANCE Section 1. Advance Funding for Trunk Highway Projects The League of Minnesota Cities and the City Engineers Association of Minnesota support the concept of agreement on advance funding for expedited construction of certain trunk highway projects. However, we understand that the Department of Transportation is able to know, in advance, the funding amounts which will be available to them. In addition, this new flexibility requires that projects which are eligible to receive advance funding must already be in the department's work program. Therefore, it is not appropriate for the bill to contain the clause referring to repayment of advanced funds "subject to the availability of state money." As the taskforce discussed at its March 6 meeting, we support the deletion of references to gifts, contributions, and grants (Subd. 3). The Minnesota Department of Transportation is currently permitted to accept "donations," and such a reference would negate the new authority of "loaned" advance funding of local project costs. ADDITION to S.F.598: Multiple -year reimbursement and M.S.A. advance funding /cooperative agreements In keeping with support of the flexibility of advance funding authority for the trunk highway system, and according to specific recommendations in the Transportation Study Board report, the League of Minnesota Cities and the City Engineers Association of Minnesota recommend that two additions be made to the bill. First, cities should be permitted to designate a particular project for M.S.A. funding and to obtain these funds as money becomes available in succeeding allocation years -- authority for "multiple -year reimbursement." Each city would be responsible for interim financing until M.S.A. funds become 3 available. Second, cities should be granted the authority to enter into agreements with one another to borrow funds for M.S.A. projects. The Screening Board would be an appropriate body to be responsible for the regulation of the funding advances. P � 1 g Authority for both of these is supported and recommended by the Transportation Study Board report. We believe, also, that these two additions to the bill are in keeping with the philosophy which would give MnDOT authority to accept funding advances and that it would provide necessary increased funding flexibility local y f r l al streets and roads. RECOMMENDED ADDITION TO ARTICLE 5: Sec.6 Transportation Utility The League of Minnesota Cities and the City Engineers Association of Minnesota endorse the Transportation Study Board's recommendation to authorize the establishment of transportation utilities through legislation. This utility could be used to finance both maintenance and construction /reconstruction costs. A transportation utility will provide a dependable funding source to meet the ever increasing transportation system needs within all municipalities throughout Minnesota. The passage of enabling legislation for the transportation utility is therefore vitally important, especially in view of the substantial, multi -year cuts to general state aid to cities and the problems being encountered with the special assessment law and the proof of benefit provision. In addition, the need to issue debt for street construction and reconstruction will decrease markedly with this funding mechanism. The following draft language is presented by the League of Minnesota Cities and the City Engineers Association of Minnesota as necessary provisions to be added to Minnesota Statues 444 to authorize a transportation utility. Both the League and CEAM recommend that transportation be considered a utility and be allowed to impose a user fee. This is particularly appropriate in light of the 1983 inclusion of storm sewer systems in enabling utility legislation. User fees for a transportation utility would be based upon extensive engineering technical data available (ie. Trip Generation, Institute of Transportation Engineers), transportation system design methods (ie. traffic volumes and types) and advanced field data collection methods available. 4 Therefore, the League of Minnesota Cities and the City Engineers Association of Minnesota strongly recommend that the necgpsary provisions be added to Minnesota Statutes Chapter 444 --to include transportation systems. Draft Lan ucL acre 444.075 Subd. la. Authorization - (iiii) transportation systems, including grading base construction, surfacing construction, curb and gutter, striping, signing, signalization, lighting, sidewalks, pedestrian pathways, landscaping, boulevard restoration and other appurtenances and related facilities for the collection, transport and disbursement of traffic, all hereinafter called facilities, and maintain and operate the facilities .inside its corporate limits, and acquire by gift purchase, lease condemnation, or otherwise any and ;all land and easements required for that purpose. The authority hereby granted is in addition to all other powers with reference -to the facilities otherwise granted by the laws of this state or by charter of any municipality. Subd. 2. Financing - add: transportation to line 6. Subd. 3. Charges; net revenues = add: transportation charges may be fixed on the basis of traffic generated or by reference to a reasonable classification of the types of premises to which service is furnished, or by reference to the quantity, type and loading of the traffic generated, or on any other equitable basis including, but without limitation, any combination of those referred to above. In addition, additional changes would need to be made to the statute to fully include transportation services. 5 ARTICLE 6 TOLLS The policy of the League of Minnesota Cities supports opportunities for alternative financing for local transportation needs "including the option of local authority for toll facilities." The City Engineers Association of Minnesota supports the Transportation Study Board recommendations on this issue. ARTICLE 7 TRANSPORTATION SERVICES FUND The League of Minnesota Cities and the City Engineers Association of Minnesota endorse inclusion of the entire Transportation Study Board recommendation concerning the establishment of three major fund accounts: Highway User Tax Distribution Fund, Transportation Services Fund, and Transit Fund. The existing requirements in the legislation for the design of the Transportation Services Fund do not meet the full intention of the Transportation Study Board recommendation. Both the League of Minnesota Cities and the City Engineers Association of Minnesota have each adopted policy which advocates creation of these funds, and we recommend inclusion of the Study Board findings (listed below) in their entirety. 1. The Highway User Tax Distribution Fund should be used only for those expenditures related to improving constructing, and maintaining the highway system. These funds would be used for the Trunk Highway system and for state -aid to counties, cities, and townships for transportation needs. Funds would be subject to the constitutionally - required distribution of 62 percent state, 29 percent county, and 9 percent cities. Separate bridge construction /reconstruction appropriations should be established within the Trunk Highway, C.S.A.H., and M.S.A. funds. 2. A Transportation Services Fund should be established for expenditures related to other transportation services such as public safety, law enforcement railroads. waterways, and other related transportation activities. MVET, driver's license fees, fines, and sales tax would 6 contribute to this fund. These monies would also be used to supplement funding for highway and transit projects. 3. A Transit Fund should be established for transit expenditures including Light Rail Transit. MVET, sales tax, and other funds for transit would contribute to this fund. Separate appropriations for new transit systems in Greater Minnesota and for LRT should be established within the Transit Fund. ARTICLE 8 METROPOLITAN TRANSPORTATION DEVELOPMENT Section 1 Light Rail Transit The League of Minnesota Cities and the City Engineers Association of Minnesota support MnDOT coordination of the design and construction of a light rail transit system (LRT). ARTICLE 9 TRANSPORTATION STUDIES Section 3 Advisory Commission on Transportation Section 5 Special Studies The League of Minnesota Cities and the City Engineers Association of Minnesota support the creation of a legislative advisory commission to address transportation policies and activities. In Subd. 7, State -Aid Distribution, we believe that the focus of the language should more accurately addresses the existing issues which are unresolved for the county state -aid distribution system. Few issues are under dispute for the municipal aid system. Therefore, we recommend deletion of "municipal state -aid street fund" from this subdivision. Subd. 8, which relates to local participation in trunk highway ,_projects, provides an additional opportunity for study. We support the recommendation that the commission be advised to study the substantial costs incurred by city and county governments for the construction, reconstruction, and maintenance of state trunk highways. In addition, we recommend that the language be expanded so that the commission also includes study of the costs to cities for construction, reconstruction, and maintenance of county state aid roads. 7 f Naiional 1301 Pennsylvania Avenue NW Officers League Washington, D.C. President 1f1 � u J Of 20004 Sidney J. Barthelemy Cities (202) 626 -3000 Mayor, New Orleans, Louisiana Fax: (202) 626-3043 First Vice President Glenda E. Hood Commissioner. Orlando, Florida Second Vice President March 21, 1991 Donald M Fraser Mayor, Minneapolis, Minnesota Immediate Past President Bob Bolen Ms Patty Page Mayor, Fort Worth, Texas City Clerk Executive Director 6301 Shingle Creek Parkway Donald J. Borut Brooklyn Center, Minnesota 55430 Dear Ms. Page: I am pleased to learn that your community is considering joining the National League of Cities -- the oldest, largest and most effective organization representing municipal governments in the United States. Formed in 1924 by 22 state municipal leagues, NLC currently has over 1,400 local governments and 49 state municipal leagues as direct members. The local government members range in size from those with populations measured in hundreds, up to and including the nation's largest cities. The National League of Cities is the only municipal organization in which all of the elected and policy leaders from cities and towns of all sizes may join together to establish unified policy positions, to advocate these policies forcefully, and to share information that strengthens municipal government throughout the nation. The NLC's diverse membership is one of its greatest strengths, and the organization's structure takes full advantage of the broad base the membership provides. In addition to the greater influence that cities have by joining together in NLC, as a direct member your city will receive a number of specific benefits, as follows: 1. Only officials from direct member cities are eligible to serve on the steering committees that shape NLC's policies on a broad range of issues. 2. Preference is given by the nominating committee to officials from direct member cities when developing the slate of nominees for NLC officers and Board of Directors. Past Presidents: Tom Bradley, Mayor, Los Angeles, California • Ferri L Harrison, Mayor, Scotland Neck North Carolina • William H. Hudnut, 111, Mayor, Indianapolis, Indiana • Cathy Reynolds, Councilwoman -at- Large, Denver Colorado • John P. Rousakis, Mayor, Savannah, Georgia • Directors Barbara M. Asher, Counciimember at Large, Atlanta, Georgia Joan Baker, Mayor Pro Tempere, Lubbock, Texas • Margaret Carroll Barrett, Council Member, Jackson, Mississippi • Kenneth G. Bueche, Executive Director, Colorado Municipal League James V. Burgess, Jr., Executive Director, Georgia Munapal Association • David Chambers, Executive Director, League of Nebraska Municipalities • Joel Cogan, Executive Director and General Counsel, Connecticut Conference of Municipalities • Larry D. Cole, Mayor; Beaverton, Oregon • John G. Curran, Gry Council President. Rochester, New York • Beth. Boosalis Davis, Alderman, Evanston, Illinois • Carol P. Day, Councilor, Gorham, Maine • Palmer A. DePaulle, Mayor, Salt Lake City, Utah • June M. Elsland, Councilwoman, Bronx, New York • Thomas G. Fitzsimmons, Executive Director, Illinois Municipal League • Heather Flynn, Assembly Member, Anchorage. Alaska • John A. Gamer, Jr., Executive Director, Pennsylvania League of Cities • Gardest Gillespie, Councilman, Gary, Indiana • Vicki H. Goldbaum, Councilwoman, Southfield, Michigan • Richard C. Hackett, Mayor, Memphis, Tennessee • Jack Hebner, Councilman, Spokane. Washington • Sharpe James, Mayor, Newark, New Jersey • Lawrence J. Kelly, Mayor, Daytona Beach. Florida • Patricia A. Killeen, Mayor, Crestwood, Missouri • Robert G. Knight, Mayor, Wichita, Kansas • Jeffrey T. Markland, Mayor, Urbana. Illinas • Ronald K. Mullin, Counciimember, Concord, California • Adolf Olives, Mayor, Hamilton. Ohio • Charles J. Pasqua, Executive Director, Louisiana Municipal Assoaaton • Elaine A. Pfalzgmf, Counaimember, Cedar Falls, Iowa • Scott A. Scanland, Councillor, Basque Farms. New Mexico • Mark Schwartz, Councilman, Oklahoma City, Oklahoma • Burton Stallwood, Town Administrator, Lincoln, Rhode Island • William F. Stallworth, Councilman, Biloxi. Mmsis&ppi • Nao Takasugi, Mayor, Oxnard. California • Richard C. Townsend, Executive Director, League of Oregon Cities • Avery Q Upchurch, Mayor, Raleigh. North Carolina • Thomas J. Volgy, Mayor, Tucson, Arizona • Kathryn J. Whitmire, Mayor, Houston, Texas • Mary Rose Wilcox, Councilwoman, Phoenix, Arizona • Rlllastine R. Wilkins, Councimember, Muskegon Heights, Michigan Recycled Paper Page Two 3. Only direct member cities and state municipal leagues may vote at the annual business meeting for the election of officers and Board members and on the adoption of organizational policies. 4. Officials of direct member cities receive a discount on the registration fees for the Congress of Cities, Con- gressional -City Conference, and other NLC conferences. 5. Subscriptions to Nation's Cities Weekly are provided to key elected and appointed officials of direct members cities at no additional charge. (The number of free subscriptions varies with the size of the city.) 6. Officials of direct member cities receive discounts on certain NLC publications. 7. NLC's Municipal Reference Service responds to requests for information only from direct member cities and mem- ber state municipal leagues. To provide you with additional information, P lease find enclosed a copy of NLC's brochure entitled "How NLC Works" (which includes a membership application form and a dues schedule) , and other materials about the organization. If you should require any additional information about NLC and its activities, do not hesitate to contact us. Sincerely, J ames A. Brooks embership Coordinator Enclosures Small cities, towns and villages are Elected officials from small communities across g part of NLC's membership the country sit on NLC's Board of Directors, Advisory Council, policy committees and steering committees — positions that let them help direct In this age of statistics, here are some worth think- ing about: the policies and activities of the League. As rep - resentatrves of NLC, leaders o f small communi- More than 75 percent of NLC's direct mem- ties testify in Congress on behalf of their home - bers —some 1,075 communities out of more towns and hometowns everywhere. than 1,400 members —have populations less NLC's Small Cities Council, created in 1976, makes than 50,000. sure that the interests and problems of small com- More than half of NLC's direct members —about munities are part of NLC's overall policies and 750 communities —have populations between activities. This special council meets regularly to 10,000 and 50,000. set its own objectives and policies, and through One -fifth of NLC's direct members —more than its representation on every NLC policy commit - 300 communities —have populations less than tee, it is an integral part of NLC activities. 10,000. Of the roughly 16,700 cities, towns, villages and NLC does a big job for small other municipal governments that are members communities of the 49 state municipal leagues that make up NLC, more than 16,000 have populations less In advocating municipal interests, NLC makes than 50,000. sure that the special concerns of small commu- nities are heard. Those statistics add up to strength for small cities, towns and villages across the country. NLC worked hard to provide mandate relief for small cities and towns in the Section 89, pension, gas tax, and municipal bond areas. all cities, towns and villages NLC action on tax legislation ensured that small thy a big part in NLC activities communities could continue to receive low -cost water and sewer financing through state bond pools. Numbers don't tell the whole story. At the National League of Cities, membership means a chance to NLC has made it easier —and in some cases pos- participate. Bible —for small communities to use federal pro- grams by insisting on simplified application forms and administrative procedures. And NLC advocates the interests of smaller com- munities in critical cases pending before the Supreme Court relating to municipal rights, authorities, and responsibilities. le Making the federal government take notice of small So when important questions affecting munici- communities —in its programs as well as in its palities are being discussed and local government rural and urban development policies —is only interests are at stake, NLC's participation means one side of NLC's efforts for small communities. that communities of all sizes are represented at The League also helps them solve local problems the bargaining table. locally. Just as NLC members draw strength from their Each of NLC's two yearly meetings —the numbers, so does the League. The state municipal Congressional -City Conference in the spring and leagues, the organizations that launched the the Congress of Cities in the fall— offers special National League of Cities more than 60 years ago, workshops for small cities, towns and villages. are a source of grassroots experience and infor- These workshops, and the many other confer- mation as well as strength. Through them and ences and seminars NLC sponsors throughout the through direct contact with communities across year, look at the day -to -day responsibilities of any the country, the League's Washington staff keeps local government —trash collection, economic in touch with the issues that matter to small cities, development, public works, public safety and many towns and villages. others —from a small community's special point of view. Take a small step and get big NLC's weekly newspaper— Nation's Cities results join the National League of Weekly— covers news of interest to small com- munities, and it covers the news of small com- Cities munities, as well. The federal budget, an inno- Add your voice to the voices of the hundreds of vative program, or a continuing trend —all are other communities like your own that are the bulk covered for small communities as well as large. of NLC's membership. You'll be helping your As a direct member of NLC, your community community by helping NLC speak for the small could receive as many as twenty subscriptions to cities, towns and villages of the nation. NLC's Nation's Cities Weekly, depending on population. voice is heard loud and clear in Washington and And direct membership entitles your municipality across the country. And because it's the voice of to reduced prices for NLC publications and to the National League of Cities, it's never dismissed reduced registration fees for NLC meetings and as "small town." conferences — including the Congressional -City Conference and the Congress of Cities. Fill out the application form today to enroll your community as a member of the National Why is this such a big deal for League of Cities. small cities, towns and villages? Membership in NLC means that your city, town or village knows about, and participates in, issues that affect your community. NLC works closely with your state municipal league and with the other important organizations that represent local and state government. What does our community munity lages receive without charge this important pub - buy with NLC dues? lication to keep them abreast of issues and events that affect municipalities. Nation's Cities Weekly ■ Leadership —Only direct member cities, towns, offers a unique combination of news and analysis and villages vote for NLC's officers and board of of the latest developments in urban affairs in directors, who represent the nation's municipal- Washington and around the country, balanced by ities in Washington. The League reaches deep into in -depth supplements on special subjects, such as the ranks of its members for leaders, and the environmental regulations, city financial manage - nominating committees give preference to direct ment, telecommunications, and economic devel- members. opment. NLC also sponsors an electronic com- munications network offering electronic mail, N Advocacy —Only direct members receive spe- specialized databases, and on-line transaction ser- cial legislative reports that describe what your vices to congressional representatives are doing and how effectivelyelp local officials communicate more to influence them on local government issues. NLC's legislative staff helps members over the phone, by letter, and in person get information on legislative and regulatory issues and sets up the Why should your community right appointments when local officials are in Washington. join NLC? ■ Policymaking —Only direct members vote on If your municipality joins NLC changes and adoption of the League's National You'll be adding Municipal Policy at NLC's annual meeting. What's don't join NLC because they want plaque Cities more, the steering committees that guide policy- the wall at City Hall. They join because they know . making are composed solely of representatives NLC is their action arm in Washington. NLC is from direct member cities, towns, and villages. the oldest and largest national organization rep- ■ Conferences —Only direct members cast votes resenting municipal governments in Washington. and participate in the business meeting at the annual That's why NLC and its members are called Congress of Cities. They also receive substantial on so often to testify before Congress and discounts on registration fees for the Congress of to meet with top White House and agency Cities, for NLC's major legislative strategy meet- officials. ing, the Congressional -City Conference, and for the many other seminars and workshops NLC That's why NLC, with its national sponsors throughout the year. membership, can shape the outcome of critical ■ Services —Only direct members receive many communities. national decisions affecting local of NLC's services, such as inquiry assistance from the Municipal Reference Service. They also receive That's why NLC National Municipal Policy is a widely respected statement of goals discounts on all NLC publications and directories of local officials. and policies for all the nation's ■ Information —Only direct members receive free communities. copies of Nation's Cities Weekly. Everyone else These days are not easy ones for municipal offi- pays $80 for a yearly subscription. But all top cials. Membership in NLC ensures that your inter- officials of direct member cities, towns, and vil- ests are guarded in Washington. Because the fed- NATIONAL LEAGUE OF CITIES MEMBERSHIP DUES eral government has such a pervasive impact on Dues local governments, NLC has expanded its activ- ities to include monitoring Congress, the execu- Population Range Votes Amount tive agencies, and the federal courts. At a time when local governments must unite in the face of Under 10,000 1 697 common challenges, NLC is there as a focus of 10,001 - 20,000 1 930 national leadership for all municipalities. 20,001 - 30,000 1 1,162 And NLC will always be there, representing 30,001 - 40,000 1 2,036 the nation's cities and towns. With its 40,001 - 50,000 1 2,382 home on Pennsylvania Avenue, midway 01 - 60,000 2 2,790 between the White House and the Capitol, 50,0 NLC is a permanent institution in 60,001 - 70,000 2 3,372 70,001 - 80,000 2 3,718 Washington. And only members can determine how NLC's influence is wielded 80,001 - 90,000 2 4,183 in Washington. 90,00 - 100,000 2 4,881 100,001 - 125,000 4 5,463 125,001 - 150,000 4 6,043 Is our community 150,001 - 175,000 4 6,627 y Y 175,001 - 200,000 4 7,206 eligible for membership? i 200,001 - 225,000 6 7,789 225,001 - 250,000 6 8,369 Yes. All municipalities, regardless of size, are 250,001 - 275,000 6 8,951 eligible to become direct members if they are also 275,001 - 300,000 6 9,531 members of their NLC - affiliated state municipal 300,001 - 325,000 8 10,113 leagues. NLC involves your entire community, 325,001 - 350,000 8 10,694 not just one or two top officials. Joining NLC 350,001 - 375,000 8 11,275 means involvement and support for the mayor, council members, selectmen, city manager or other 375,001 - 400,000 8 11,856 chief administrator, key aides, and appointed offi- 400,001 - 425,000 10. 12,437 cials from the police chief to the public works 425,001 - 450,000 10 13,019 director. 450,001 - 475,000 10 13,598 Fill out the application form today 475,001 - 500,000 10 14,180 to enroll your community as a member of the 500,001 - 600,000 12 14,761 National League of Cities. 600,001 - 700,000 14 15,340 700,001 - 800,000 16 15,924 800,001 - 900,000 18 16,504 900,001 - 1,000,000 20 17,086 1,000,001 - 1,333,333 20 21,618 1,333,334 - 1,666,666 20 24,407 1,666,667 - 2,000,000 20 26,152 2,000,001 - 3,000,000 20 43,002 3,000,001 - 4,000,000 20 46,489 Over 4,000,001 20 58,112 Effective January 1, 1991 MORE NLC MEMBERSHIP BENEFITS FOR YOUR OUR CITY 0 You may not know it, but NLC jointly owns (along with the National Association of Counties and ICMA) an organization called Public Technology, Inc. (PTI) whose programs are aimed at benefiting all NLC members. PTI is committed to addressing the issues facing cities through activities that result in enhanced services for citizens and increased financial stability for local governments. These activities are conducted within the PTI Public Enterprise program and here are some of the ways that they enhance the lives of citizens while creating new revenue for your treasury: A National revenue - producing agreements for your City! A Tools and technical assistance for good government that strengthen your operations and ensure a local government that serves as an anchor for a vital local economy! ® A Public Enterprise program that creates and supports locally developed public businesses that ensure new resources and enhanced services for citizens! NLC Executive Director Don Borut serves as chair of the PTI Board of Directors. Wes Pratt, Councilmember of San Diego, CA; and Christopher Lockwood, Executive Director of the Maine Municipal Association, also represent NLC on the PTI Board. And, Jonathan Howes, Mayor of Chapel Hill, NC represents the PTI Research and Technology Council on the PTI Board. PTI has over 150 member local governments that are active partners for creating new local government products and services. PTI members, including its special Urban Consortium network of over 40 of the largest U.S. cities and counties, are characterized as highly innovative, able to take risks, and entrepreneurial in spirit. To find out more about the PTI Public Enterprise Programs or PTI member- ship and comprehensive program information, we invite you to stop by "PTI Central" located in the registration area. We also hope to see you in our offices on the 8th floor of the NLC Building! (OVER) Public Technology, Inc. A 1301 Pennsylvania Ave., NW A Washington, DC 20004 202/626 -2400 A 202/626 -2498 (Fax) ♦ 800/852 -4934 cal han e x , What Is LEX? LEX is you ... and hundreds of other government officials just like you. A nationwide online network enables you to communicate on a daily basis with other local government officials. LEX also puts information crucial to the needs of local governments at your fingertips in the form of easy -to-use knowledge banks. LEX is a service of NLC, ICMA and PTI in partnership with GTE Education Services. Co-sponsors include NAHRO, AMSA and state municipal associations. What Can LEX Do For Me? LEX is the currency that buys you time. LEX allows you to find out TODAY what steps are being taken to solve the problems of tomorrow. Using the power of LEX you can cut your search for solutions to a minimum. LEX puts you in direct contact with other local government officials grappling with the same sort of day -to-day problems you encounter. On LEX you'll find information affecting all facets of local government — from the city manager to the county tax assessor. Using LEX you can determine the best solutions for your local government's problems by examining a range of options based on the experiences and results of other jurisdictions that have already dealt with similar problems. LEX's special computer conferencing option enables local government officials and experts to tackle and resolve specific problems over several weeks, and all without leaving the comfort of your home or office. What Kinds Of Information Am 1 Likely To Find On LEX? Interested in ways to increase non -tax revenue? Want to know how to approach installing a local area network in city hall? Need to find a workable recycling program? Having trouble formulating an employment directive in the wake of the AIDS crisis? All that information, and more, is available in one of the LEX databases. How Do I Access LEX? All you need is a personal computer, modem, communications software and a telephone line. You can print out hard copies, making the service more cost effective. ® Education Services THE POWER IS ON Do I Need To Be A Computer Whiz To Use LEX? No. Local Exchange is completely menu - driven. Computer literacy is not necessary to navigate through the system. Advanced users can employ commands for more efficient use! What Other Features Can Subscribers Use? Special Delivery Options allow LEX subscribers the flexibility to reach anyone in the world by a variety of means, including fax and telex. Federal legislative alerts provided by NLC, NAHRO and others keep you informed of important congressional and executive actions. Use the U.S. Congressional Directory to inform your congressional representatives of your views on pending action. LEX makes it easy for your representative to know your position. On any day LEX users commonly obtain information on topics such as: • Solid Waste ■ Recycling • Revenue Enhancement ■ Public Safety • Telecommunications ■ Youth at Risk • AIDS ■ Ground -water • Homelessness ■ Illiteracy and Education • Environment ■ Small Cities Network • Growth Management ■ And much more ■Housing The above topics, and more, can be found in the following information resources: ■ Local Government Solutions — One -page descriptions of thousands of recent, successfully implemented problem - solving city and county programs, complete with names and numbers for follow -up information. ■ Urban Affairs Abstracts — These are "quick read," short summaries of articles and reports in more than 400 local government publications. These summaries are designed to give you the basis for further investigation into an issue without wasting your time. A search on a hot topic, such as recycling, can turn up more than 130 summaries, complete with publication name and date. Rely on UAA and throw your "to read" pile away! ■ Microlink — Few things are changing faster than the application of computers at the local government level. Microlink keeps you up-to -date on the latest trends and technology in hardware and software as they relate to local government. How Do I Subscribe? Simply return the attached business reply card or call our customer service representatives at 1- 202 - 626-2400. Oak Park 31,537 Red Wing 13,736 Pontiac 76,715 Richfield 37,851 Port Huron 33,981 Robbinsdale 14,422 Rochester 7,203 Rochester 57,906 Rochester Hills 40,597 Roseville 35,820 Romulus 24,857 South St. Paul 21,235 Royal Oak 70,893 St. Anthony 7,981 Saginaw 77,508 St. Cloud 42,566 Saline 6,483 St. Louis Park 42,931 Southfield 75,568 St. Paul 270,230 St. Joseph 9,622 Virginia 11,056 Sterling Heights 108,999 Willmar 15,895 Troy 67,102 Winona 25,075 Walled Lake 4,748 Wayne 21,159 MISSISSIPPI Wyoming 59,616 Ypsilanti 24,031 Mississippi Municipal Association Batesville 5,162 MINNESOTA Biloxi 49,311 Columbus 27,503 League of Minnesota Cities Flowood 943 Albert Lea 19,190 Greenwood 20,115 Apple Valley 21,818 Grenada 12,641 Austin 23,020 Gulfport 39,676 Blaine 28,558 Hattiesburg 40,829 Bloomington 81,831 Jackson 202,895 Brooklyn Park 43,332 Laurel 21 ►897 Burnsville 35,674 Meridian 46,577 Champlin 9,006 Natchez 22,209 Chanhassen 9,200 Pascagoula 29,318 Columbia Heights 20,029 Pontotoc 4,723 Coon Rapids 35,826 Richland 3,955 Cottage Grove 18,994 Starkville 16,139 Crystal 25,543 Tupelo 23,905 Duluth 92,811 Vicksburg 25,434 Eden Prairie 16,263 Falcon Heights 5,234 MISSOURI Faribault 16,241 Golden Valley 22,775 Missouri Municipal League Hopkins 15,336 Ballwin 12,750 International Falls 5,611 Berkeley 15,922 Inver Grove Heights 17,171 Blue Springs 25,936 Lakeville 14,790 Bridgeton 18,445 Mankato 28,646 Cape Girardeau 34,361 Maple Grove 20,525 Carthage 11,104 Minneapolis 370,951 Columbia 62,061 Minnetonka 38,683 Crestwood 12,815 i Moorhead 29,998 Creve Coeur 11,743 Morris 5,367 Excelsior Springs 10,424 Mound 9,280 Festus 7,580 New Brighton 23,269 Florissant 55,721 New Hope 23,087 Gladstone 24,990 New Ulm 13,755 Grandview 24,561 North Mankato 9,145 Hazelwood 16,178 Northfield 12,562 Independence 111,797 Oakdale 12,123 Jefferson City 35,000 Owatonna 18,632 Joplin 39,023 Delegate push wins battle on stormwater mandate p.20 _ CARRYING THE MESSAGE TO. CAPITOL HILL t §'�a` �,, i - � s ;�, � # Ps � >�' � `� • � ' �* �- s� w�` a `� � ,�. . t Nj� ^� A Advisory Chair Ruth Messinger Small Cities Chair Paul Thornton NLC President Sidney Barthelemy First Vice President Glenda Hood 2nd Vice President Don Fraser NLC leaders carrying cities' message urge Congress to mount 'Operation City Storm —See p.12 It's time for new ri p orities for America //c DEPARTMENT OF FINAN- CE r TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: April 2, 1991 SUBJECT: RECOMMENDATION TO PURCHASE ACCIDENT INSURANCE COVERAGE FOR CITY VOLUNTEERS The League of Minnesota Cities Insurance Trust (LMCIT) will soon announce a new accident insurance coverage for city volunteers. I have attached a rough draft of the letter which will be going out to all cities covered by the LMCIT workers' compensation insurance. The letter explains the need for the policy and the conditions of the policy. The insurance provides disability benefits, death benefits, impairment benefits, and optional medical coverage for volunteers who are not otherwise covered under the City's insurance coverages. Since the City plans to undertake a "Clean -Up Day" on May 4, I think that it would be advisable to apply for the insurance as soon as possible. I think that we will be able to obtain coverage prior to May 4. The premium for the policy is based on the City's population. The basic annual premium is $0.10 per capita, subject to a minimum premium of $150 and a maximum premium of $1,500 plus an addition cost of 45% of the basic premium to add optional medical coverage. My estimate of the annual premium for Brooklyn Center is $2,175. If the City Council agrees that this coverage is desirable, they should, by motion, authorize me to apply to LMCIT for accident insurance coverage for City volunteers, such coverage to include optional medical coverage, at a total estimated annual cost of $2,175. (�� aj"Ji, \4� Paul W. Holmlund �o 183 University Ave. East St. Paul, MN 55101.2526 League of Minnesota Cities (612) 227 -5600 (FAX: 221 -0986) April 19, 1991 To: Cities and agents - LMCIT workers compensation program From: LMCIT Board of Trustees Re: Accident coverage for city volunteers The LMCIT Board of Trustees is pleased to announce a new program to provide accident protection to city volunteers. This program provides a schedule of benefits to compensate city volunteers who are injured while performing volunteer services for the city. This optional coverage is available to member cities of the LMCIT workers compensation program. Whom will the new program cover? With only a few exceptions, all city volunteers working under the city's direction and control will be automatically covered on a blanket basis if the city chooses to add this coverage. This could include, for example, coaches and instructors in recreation programs, volunteers working on a city- sponsored festival or celebration, ^'clean -up day" volunteers, etc. The city will not need to list the individuals who are to be covered, either by name or by project; nor will the city need to keep track of the time the various volunteers put in. There are four classes of volunteers who would not be automatically covered: 1. Volunteers who are covered by workers compensation. Certain volunteers are defined to be ^'employees" for purposes of workers compensation, and are therefor eligible for workers compensation benefits if they are injured. These include volunteer firefighters, ambulance attendants, first responders, law enforcement assistance volunteers, and civil defense volunteers. Since these volunteers are already protected by workers compensation, they are not covered under this plan. 2. City council, board, committee, and commission members. other coverage options are already available for these people. The workers compensation law gives cities the option to extend workers compensation coverage to elected and appointed officials. LMCIT has also for several years offered an accident policy underwritten by CIGNA for members of city councils, boards, and committees. 3. Members of private organizations which provide services or participate in city- sponsored activities as a g roup. 4. Volunteers working on construction or demolition projects. These volunteers will not be covered automatically. However, for an additional charge, the city can add coverage for volunteers on a specific construction or demolition project. What benefits would an injured volunteer receive? The plan will provide three basic benefits: 1. Disability benefit. A volunteer who is unable to engage in the activites of his /her normal occupation because of an injury suffered while performing volunteer services for the city will receive a disability benefit of $400 /week for up to 26 weeks. 2. Death benefit. If a volunteer dies as a result of an injury suffered while performing volunteer services for the city, a death benefit of $100,000 will be paid to the volunteer's survivors or estate. 3. Impairment benefit. If a volunteer suffers a permanent impairment or disability as a result of an injury suffered while performing volunteer services for the city, the volunteer will receive a lump sum payment as compensation for that impairment. Payments are based on the percentage of disability, ranging from $750 for a 1% disability to $100,000 for 100% disability. The percentage of disability is determined in the same manner used for impairment compensation in the workers compensation system. For an additional charge the city can add coverage for up to $1000 of medical costs. This limited medical coverage is intended to pick up relatively minor first aid costs. On more serious injuries, it could also be applied to costs which the individual would otherwise have to bear under his /her own health coverage's deductible or co -pay provisions. What does it cost? The cost is based on the city's population. The basic annual charge is $.10 per capita, subject to a minimum premium of $150 and a maximum premium of $1500. The additional cost to add the optional medical coverage is 45% of the basic premium. Coverage for volunteers working on a construction or demolition project can be added for a charge of $300 per project, or $435 per project if the optional medical coverage is included. The expiration date of this coverage will be coordinated with the city's LMCIT workers compensation coverage. For cities that add this coverage mid -term, the initial premium will be pro- rated. Why would the city want this coverage? Aren't injuries to volunteers already covered under the city's liability coverage? An injury to a volunteer would be covered by the LMCIT liability coverage only if the city was legally liable for that injury; that is, if the injury was caused by some negligence by the city or a city officer or employee or another city volunteer. However, just as with any other tort claim, the city would not be liable for an injury to a volunteer if the volunteer him /herself were more at fault than the city, or if the injury were simply an accident that really wasn't anyone's fault. A volunteer coach being hit in the head by a batted baseball might be an example of the latter situation. The volunteer accident coverage protects the volunteer on a "no- fault" basis. The benefits are automatically payable if the injury occurs while the volunteer is performing services for the city, regardless of whose fault it was. Besides protecting the volunteer whose injury isn't caused by the city's negligence, having these no -fault benefits available could also help avoid litigation in cases where the city (or a city officer, employee, or other volunteer ) is or may be at fault. The injured Y J volunteer can receive these benefits without getting into an adversary situation against the city. Of course, if the volunteer's injuries exceeded the benefits paid under this coverage, he /she would still be able to make a tort claim against the city for those excess damages, if the injury was caused by the city's negligence. Why did LMCIT create a whole new program? Why not just offer a ^'voluntary workers compensation endorsement" and provide workers compensation benefits to volunteers? The LMCIT Board chose this approach for several reasons. First, this approach is substantially less expensive to the city than providing workers compensation benefits would be. The basic premiums are roughly a fifth of the cost of workers compensation benefits, reflecting the more limited scope of benefits provided. Second, administration is simpler for the city, since the city doesn't have to keep records of how many hours were worked by how many volunteers, etc. Third, it eliminates the problem of determining what the appropriate indemnity rate is for an unpaid volunteer. (This is particularly problematic with volunteers who don't have other paying employment.) Fourth, providing voluntary workers compensation coverage would create a potentially unlimited risk for LMCIT, since the reinsurance LMCIT purchases from the state workers compensation reinsurance association wouldn't apply to this exposure. The LMCIT Board was very concerned about the danger of assuming an open -ended risk that conceivably could jeopardize the financial stability of the entire pool in a catastrophic situation. How do we enroll? To enroll, complete the attached form and return it to Berkley Administrators. (Don't worry, this isn't someone new. EBA has just changed its name. It's still the same company that has administered LMCIT's workers compensation program since 1980.) They will bill the city for the premium. Further information Call Pete Tritz or Pat Deshler at the League office if you have any questions or need any additional information. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST ACCIDENT PLAN FOR CITY VOLUNTEERS Application for Coverage The City of hereby requests coverage under the League of Minnesota Cities Insurance Trust's Accident Plan for City Volunteers effective and agrees to pay the premium established by LMCIT for that coverage. Optional coverages to be included: $1000 medical coverage Yes No Construction or demolition project Yes No Please describe each construction or demolition project to be covered, including the nature and scope of the project, the dates, and the approximate number of volunteers who will be involved. Signature Position Date Return this form to: Berkeley Administrators P.O. Box 59143 Minneapolis, Mn. 55459 -0143 CITY OF BROOKLYN CENTER Council Meeting Date 4 -8 -91 Agenda Item Number la Q / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY FINANCIAL TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES DEPT. APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is a resolution which officially establishes the financial task force. The mission statement formerly approved by the city council is expressed in subdivision 3. As proposed, the task force will consist of six members and a chairperson. Councilmember Jerry Pedlar is designated as the city council liaison to this body, which will serve strictly in an advisory capacity to the city council. Subdivision 11 serves as the sunset provision of the task force, which is set to dissolve by April 8, 1992, unless otherwise continued by the city council. The resolution is formatted in the same form as the other advisory commissions' enabling resolutions. RECOMMENDED CITY COUNCIL ACTION Approve a Resolution Establishing a Brooklyn Center Ad Hoc City Financial Task Force and Defining Duties and Responsibilities. /al Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY FINANCIAL TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of reviewing the fiscal impacts of State of Minnesota budgetary problems on Brooklyn Center and assisting the City Council in formulating priorities and responses to a limited fiscal resource situation. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc City Financial Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Financial Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's financial status. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to evaluate the cost effectiveness of City services, programs and functions in response to higher costs of service delivery, mandates, and a trend of decreasing intergovernmental revenues to cities. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: (1) Make recommendations to improve cost effectiveness of City services, programs, and functions. (2) Make recommendations on priorities for reducing or eliminating services should it become necessary. (3) Make recommendations on modifications, additions, and /or deletions to short and long term City revenue sources. Subdivision S. COMPOSITION: The Task Force shall be composed of a chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. RESOLUTION Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson: The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's financial status as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Financial Task Force of matters relevant to city finances. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city Council from the members of the Task Force. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. ualification for Membershi : Members of the Task Force p shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in the financial operations of the city. RESOLUTION Representation Requirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of sex, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations- Removal from Office - Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Task Force meetings or unexcused absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Task Force shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Task Force. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall serve as staff to the Task Force. The City Manager, or his designee, shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. Subdivision 10. EX OFFICIO MEMBERS: Councilmember Pedlar shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. RESOLUTION Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire on April 8, 1992, unless specifically extended by the City Council on or before said date. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A SOLID WASTE SOURCE REDUCTION PLAN FOR THE CITY OF BROOKLYN CENTER WHEREAS, the cities of Brooklyn Center, Crystal and New Hope formed a joint powers group on February 16, 1988, called the Hennepin Recycling Group, hereinafter called the "HRG," for the purpose of cooperatively providing recycling services; and WHEREAS, the HRG applies yearly for Hennepin County grant assistance to subsidize the cost of the curbside recycling collection program; and WHEREAS, the 1991 Solid Waste Management Agreement between HRG and Hennepin County, requires each HRG City to adopt a Solid Waste Reduction Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the 1991 Solid Waste Source Reduction Plan for the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DATE: March 27, 1991 TO: HRG Board Members FROM: Julie Jones, HRG Administrator` SUBJECT: Source Reduction Plans In order to receive County funding reimbursement in 1991, each Hennepin County city must approve a Source Reduction Plan. The HRG staff has developed the attached Source Reduction Plan based upon general guidelines developed by Hennepin County staff and according to information received from City employees. An authorizing resolution is also enclosed. The Source Reduction Plan lists existing source reduction activities which are occurring in your municipal buildings. It also states several new source reduction activities, which can reasonably be obtained in 1991. The HRG staff will be assisting the City staff in the attainment of these goals. The 1991 Solid Waste Management Agreement, which HRG has approved and submitted to Hennepin County, states that each City will adopt a solid waste source reduction plan. Each City must also adopt a procurement policy for recycled building materials by July 1, 1991. The HRG staff will be developing a model recycled building materials procurement policy upon receipt of guidelines from Hennepin County. kk DATE: March 27, 1991 TO: Gerald Splinter, HRG Director FROM: Julie Jones HRG Administrator SUBJECT: Composting Ordinance The City of Crystal updated it's garbage ordinance in 1990 to include a section regarding composting. The January 1, 1990 statewide ban on the disposal of yardwaste was expected to promote more backyard composting within the State. The purpose of the Ordinance was to set more clear and definitive guidelines for proper backyard composting. The basic components of the composting Ordinance were developed by Crystal's Environmental Quality Commission. The commission wanted to promote backyard composting, yet at the same time, set guidelines for the proper maintenance of compost piles which would help prevent complaints to the Health Department. The setback requirements for a compost bin are 5' from the property line. A compost structure cannot be located in the front yard. These requirements are based on the requirements for placement of a structure according to the City's Zoning Code. Crystal staff has found the new ordinance serves as an easily understood guidelines for residents who are constructing a compost structure in their yard for the first time. . kk Crystal City Code 605.03 (Rev. 1990) Subd. 11. "Rubbish" means non - putrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Subd. 12. "Swill" means garbage which is wholly or nearly edible and usable as a food and has food value for animals or fowl, accumulating from animal, vegetable, or other matter wasted from clubs, hotels, hospitals, restaurants, and public eating places. Subd. 13. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a thoroughfare including devices used exclusively upon stationary rails or tracks. Subd. 14. "Waste matter" means non- putrescible solid waste such as soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal and all other noncombustible material which has been or is to be discarded. Subd. 15. "Refuse enclosure" means an enclosure capable of containing all refuse and garbage stored by an establishment between pickups: the enclosure must be protected from damage by cement filled pipe in accordance with standards established by the City Manager. (Added, Ord. No. 89 -12, Sec. 2) Subd. 16. "Refuse enclosure - food service" is a refuse enclosure as defined in Subdivision 15 that has a floor constructed with 4" thick concrete, as interior finish of 10 mil thickness of epoxy paint or equivalent, and an effective means of excluding birds. (Added, Ord. No. 89-12, Sec. 2) Subd. 17. "Compost" means the product of the biological degradation of plant material into an odor free brown material usable as a soil amendment or garden mulch: "compost" also means the physical structure wherein the composting process takes place: plant material that is neither contained or maintained as provided in this section is not a compost. (Added, Ord. No. 90- 19, Sec. 1) 605.03. Refuse Storage and Disposal Subdivision 1. Containers Required The owner of any premises, and any other person having refuse as herein defined, shall provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each such container shall be water tight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin, and absorption of moisture, shall be fireproof, and shall not exceed 32 gallons in size unless otherwise specifically authorized in writing by the Health Authority. Refuse on any premises shall be stored in the containers required herein, except if the same may be immediately consumed or disposed of on such premises in an approved incinerator. Commercial, business, industrial, or other such establishments having a refuse volume in excess of two cubic yards per week and all six family and larger dwellings, shall provide approved bulk or box type refuse storage containers or approved equivalent. These containers shall be so located as to be accessible to collection equipment and so as not to require an intermediate transfer. 605.15. Composting (Added, Ord. No. 90 -19, Sec. 2) Subdivision 1. General Rule A compost must be maintained or contained in a manner to prevent it from becoming a habitat for insects and rodents and creating objectionable odors. Subd. 2. Permitted Contents A compost may contain only plant material consisting of grass clippings, weeds, leaves, small twigs, evergreen cones and needles, wood chips, sawdust, and herbaceous garden debris. Subd. 3. Prohibited Contents The following materials may not be placed in a compost: a) garbage; b)' refuse, except as provided in Subsection 605.03, Subdivision 2; r� c) rubbish; d) waste matter; e) fecal material; f) any matter of animal origin. Subd. 4. Compost; Construction A compost may be constructed of (i) wood, (ii) wire mesh, (iii) a combination of wood and wire, (iv) metal barrels with ventilation, or (v) commercially fabricated bins or barrels. Subd. 5. Compost: Maintenance The compost must periodically be mixed to incorporate air, properly mix wet and dry material, and promote rapid biological degradation. The compost must provide for adequate air circulation to prevent objectionable odors. The contents of the compost must be completely removed at least once a year. Subd. 6. Compost: Location A compost may not be placed closer than five feet from a property line. The compost may be located only in the rear yard of a residential lot and in the rear of commercial and industrial properties. Subd. '. Technical Assistance The City Manager is directed to prepare informational materials to assist persons operating a compost in the efficient -� and odor free operation of a compost and to offer technical assistance to those persons on the proper operation and maintenance of a compost. Subd. 8. Nuisance The operation of a compost in a manner that results in objectionable odors and the placing of prohibited materials in a compost is a public nuisance and may be abated as such under Section 2010 of this Code. CITY OF BROOKLYN CENTER SOLID WASTE SOURCE REDUCTION PLAN I. INTRODUCTION: Definition & Goals Source reduction is an activity that prevents waste at it's source. The best way to manage solid waste is to not produce the solid waste in the first place. If we use less raw materials, energy, transportation, etc., to deliver our goods and services, then we will have less material disposed in the end. Source reduction has virtually no negative effect on the environment. It conserves energy and resources, and does not require new facilities. Solid waste source reduction goals can be defined as: 1. Eliminating unnecessary purchases all together. 2. Reducing the amount of waste being thrown away. 3. Purchasing products with longer, more useful lives. 4. Purchasing environmentally friendly products products made from recyclable or recycled materials. 5. Creating new uses for materials before they are thrown away or recycled. II. EXISTING SOURCE REDUCTION ACTIVITIES: - purchasing recycled paper products according to the paper procurement policy adopted by the City Council July 25, 1990. - recycling office paper through a desk top collection system - recycling waste oil from City vehicles - recycling scrap metal collected in Street Department operations = Council members using reusable drinking containers at Council meetings recycling pop cans and newspapers from employee break room - recycling corrugated cardboard at municipal liquor stores - purchasing cleaning products in bulk containers - reinking toner cartridges for computer printers and laser printers instead of buying new cartridges III. PLAN SOURCE REDUCTION ACTIVITIES: - increased emphasis on double -sided photocopying - reuse old one -sided copies for scratch pads and printing preliminary draft copies in computer printers - implement a routing system for office memos, when immediately distribution to all employees is not necessary - discourage City employees from using disposable cups in employee break room - encourage use of reusable drinking cups at the Community Center, rather than use of disposables - reduce amount of junk mail by requesting to have names removed from mailing lists - reuse large, old manilla envelopes through relabeling whenever possible - increase office paper recycling tonnages by encouraging the recycling of window and labeled envelopes by tearing off label or window - purchase recycled paper toilet tissue if not cost prohibitive according to Paper Procurement Policy - investigate the cost effectiveness of purchasing refillable pens, pencils, and other office supplies over the purchase of disposables. IV. EDUCATION AND PROMOTION PLAN: all new City employees will be trained on how to properly participate in office paper recycling program route a memo to all employees, which briefly explains the City's new waste reduction activities, encouraging their participation promote the City's waste reduction goals in the City Newsletter V. IMPLEMENTATION DATE AND PLAN: The implementation of all planned activities will begin immediately following Council approval of this Solid Waste Source Reduction Plan. VI. MEASURING SOLID WASTE SOURCE REDUCTION IMPACTS: The following measuring techniques will be used: - determine the weight of those materials previously purchased, which are now eliminated or reduced - determine the new reduced weight of materials being purchased and subtract from the previous weight figure - calculate waste *.generated in pounds /employees /day for each employee in the City, using a commonly accepted figure of 1.5 lbs. /employee /day - determine the percentage of waste reduction in City operations at the end of each year Adopted by the Brooklyn Center City Council on kk CITY OF BROOKLYN CENTER council Meeting D ate 4 -8 -91 Agenda kern Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING SURPLUS PROPERTY ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: QC� Depujy City Clerk Signature - title , R MANAGER'S REVIEW /RECOMMENDATION: No comments t I w attached o supp this report Comments be o pp p / ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ), Attached is a resolution declaring surplus property. This surplus property will be sold at the annual auction to be held on April 27, 1991. I have also attached a copy of the items to be auctioned from the police department. This list does not have to be declared surplus since it is not city owned property. I recommend approval of the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS--PROPERTY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of property submitted by the Deputy City Clerk at the April 8, 1991, City Council meeting is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on April 27, 1991. 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. 701 Microfiche reader 2822 702 Microfiche reader 2162 703 Detecto Scale 704 Avita Rowing Machine 10080 705 Exercise Bike 706 IBM Correcting Selectric Typewriter 2967 707 8' Table 11384 708 8 Table 11346 709 8' Table 11350 710 8' Table 11347 711 8' Table 712 8' Table 713 8' Table 714 8' Table 715 8' Table 716 Lawnboy 21" Mower 717 AB Dick Stencil Maker model 592 10008 718 AB Dick Mimeograph model 565 w/2 drums 719 IBM Correcting Selectric II typewriter 2782 720 IBM Correcting Selectric II typewriter 2670 721 HP 82901M Disc Drive 10292 722 HP 82901M Disc Drive 10296 723 HP Monitor 10295 724 HP Monitor 10201 . � Y i � r AUCTION LIST 1991 NINTENDO ITEM NO. DESCRIPTION CASE NO, 100 Off Road -DRX Mario 90 -19898 101 Shadowgate -Super Mario 3 90 -19898 102 DRX Mario -Super Mario 2 90 -19898 103 Super Mario 3- Teenage Mutant Ninja Turtles 90 -19898 104 Solar Jetman -Super Mario 3 90 -19898 105 Final Fantasy -Super Mario 3 90 -19898 106 Ninja II -Super Mario 2 90 -19898 107 DRX Mario -Super Mario 3 90 -19898 108 Chip & Dale -Super Mario 3 90 -19898 MOVIES • 109 The Terminator -Total Recall- Pretty Woman 90 -19898 110 Roger Rabbit - Teenage Mutant Ninja Turtles- 90 -19898 Jetsons 111 Total Recall - Deathwish 3- Pretty Woman 90 -19898 112 Pretty Woman -Top Gun - Lockup 90 -19898 113 Total Recall -Young Guns - Scrooged 90 -19898 114 Pale Rider -Dirty Harry - Colors 90 -19898 115 Robocop- E.T.- Teenage Mutant Ninja Turtles 90 -19898 116 Ghost Busters - Jetsons - Teenage Mutant Ninja 90 -19898 Turtles 117 Total Recall - Commando -Raw Deal 90 -19898 118 Moonraker -Ghost Busters II- Batman- Deathwish 90 -19898 119 Predator - Child's Play- Batman 90 -19898 120 Pretty Woman - Lockup -Total Recall 90 -19898 121 Teenage Mutant Ninja Turtles -All Dogs Go To 90 -19898 Heaven -E.T. 122 Above The Law - Firefox -Above The Law 90 -19898 123 Robocop- Roadhouse -Total Recall 90 -19898 Auction List Continued Page 2 ITEM NO. DESCRIPTION CASE NO. 124 All Dogs Go To Heaven -Ghost Busters - Teenage 90 -19898 Mutant Ninja Turtles 125 Jetsons- Teenage Mutant Ninja Turtles -The 90 -19898 Land Before Time 126 Presidio -Off Limits - Pretty Woman 90 -19898 127 The Land Before Time -Roger Rabbit - Teenage 90 -19898 Mutant Ninja Turtles MISC ITEMS 128 Chantilly Perfume -Le Spa -Le Jardin 89 -13738 129 Levis Jeans 4R 89 -13738 130 Am /Fm Cassette Car Radio 88 -02511 131 Sound Design Equalizer Booster 88 -02511 132 Black Jacket 88 -02511 133 Face Masks 88 -02511 134 Cobra 29 %LR CB Radio 88 -22194 135 Unitech Am /Fm Cassette Radio 89 -10585 136 Jewelry Box With Some Jewelry 88 -06578 137 Pool Cue Stick With Case 89 -02438 138 Black Overcoat 89 -19413 139 Black Bag Containing Green Knapsack 90 -01372 140 10 Pair Jersey Gloves 89 -10585 141 Am /Fm Cassette Player 90 -00838 142 5 Pack Music Cassette Tapes 90 -00838 143 6 Pack Music Cassette Tapes 90 -00838 144 5 Pack Music Cassette Tapes 90 -00838 145 9 Pack Music Cassette Tapes 90 -00838 146 Jackknife 90 -03101 Auction List Continued Page 3 ITEM NO. DESCRIPTION CASE NO. 147 1 Pair Stonewash Levis 89 -06751 148 Gas Treatment -Power Steering Fluid -Carb. 89 -06751 Cleaner -Brake Fluid 149 2 Stuffed Animals 89 -06751 150 3 Horse Statues (musical) 89 -06751 151 1 Pair Sunglasses 89 -06751 152 Cadillac Hubcap 89 -15436 153 Sony Portable TV 90 -01459 154 Sound Design Am /Fm Ac /Dc Radio 90 -01459 155 Strong Box containing Small Mirror 88 -22194 156 Bearcat 150 Scanner 88 -22194 157 Phone -Mate Answering Machine 88 -22194 158 Pink Telephone 88 -22194 159 Sears Wire Stripper & Crimper 88 -07395 160 Cassette Carrying Case 88 -22425 161 10 Musical Cassette Tapes 88 -22425 162 Budlight Athletic Bag - Jordache Bag- Cassette 89 -13381 163 2 Craig Powermate Speakers 90 -00296 164 HT -7102 Power Equalizer 90 -00296 165 Nintendo Games -Super Team Games -Pac Man- 89 -14236 Golf - Gradus- Anticipation 166 Baby Wipes -Hair Color - Cologne -Nail Hardener 88 -19521 167 2 D Cell Batteries -Krazy Glue -Glue Stik 88 -19521 168 12 Cans 10/W/30 Valvoline Oil 89 -10585 . 169 Partial Case Of Wonder Bubbles 89 -10585 170 3 Pair Brown Gloves 89 -07964 171 Clairion Auto Stereo Receiver 89 -07964 Auction List Continued Page 4 ITEM NO. DESCRIPTION CASE NO. 172 2 Quarts Kendal 10/W/40 Oil 89 -15190 173 10 Music Cassettes 90 -06891 174 Gargoyles Sunglasses- Cigarette Lighter -2 90 -06164 Tapes 175 Red Lantern 89 -17062 177 Buck Folding Knife 90 -01215 178 Man's Gold Ring With Stone 90 -01655 179 Red Stocking -3 Cassette Tapes 90 -06204 180 Black /White Tote Bag 88 -18367 181 Phone -Mate Answering Machine 88 -22194 182 Seiko Watch 90 -05556 183 Pathcom 23 Channel CB 89 -10165 184 Cosmo Telephone 88 -13047 185 2 Dozen Brandware Spoons 89 -05750 186 Shotgun Bandolier 89 -21010 188 Roadpal Portable Air Compressor 90 -08059 189 Targa Equalizer 89 -09865 190 Clairion Am /Fm Auto Radio 85 -14403 191 Kenwood Cassette Receiver Auto 88 -20433 192 Shower Curtain 89 -06998 193 Paul Mitchell Shampoo & Conditioner (2 EA) 88 -19521 194 1 Bottle Styling Mousse -(1 EA) Paul 88 -19521 Mitchell Spray & Sculpture 195 Nakamichi Receiver /Cassette 90 -15855 196 Fever Thermometer 88 -19521 197 Sparkomatic Graphic Equalizer 89 -06864 198 Black Vinyl Bag 89 -10585 Auction List Continued Page 5 ITEM NO. DESCRIPTION CASE NO. 199 Black Vinyl Case 89 -10585 200 6 Pair Boys' Tube Socks 90 -04720 201 3 Sega Arcade Games- Vigilante -Time Soldiers 89 -17423 Wonder Boy 202 2 Videos -Iron Maiden - Metallica -1 Cassette 89 -17423 203 Buck Knife 90 -07130 204 Gold Ring 88 -17788 205 Advance Digital Watch 89 -13381 206 Red Jackknife & Small Flashlight 88 -18621 207 Stonewashed Levis 88 -12317 208 Grey Bugle Boy Pants 88 -12317 209 Blue /Pink Shirt 88 -12317 210 Black Vinyl Hip Bag 90 -09665 212 Girl's Ring 89 -11915 213 3 Gold Necklaces -Man's Gold Ring -Gucci 89 -15919 Watch 214 Hack Sack 88 -05869 215 Sunglasses 88 -07015 215 Sunglasses 89 -14427 215 Sunglasses 88 -11105 216 Water Pump- Telephone -Radio Cover 88 -03925 217 Wool Indian Print Rug 90 -14018 218 9 Cassette Tapes 88 -10158 219 Levis Stonewashed Jacket & Pants 33x44 88 -10158 220 Blue /White Knit Shirt 88 -10158 221 Electronic Blaster Control 88 -10158 222 Blue Samsonite Suitcase 91 -01152 Auction List Continued Page 6 ITEM NO. DESCRIPTION CASE NO. 223 Igloo Little Playmate Cooler 89 -09890 224 Talking Whiz -Kid Computer 88 -22701 225 Engine Heater 88 -12796 226 Reg Screwdriver - Yankee Screwdriver -Bungi 88 -12796 Cords (2) -12 FT Tape Measure - Channel Lock Wrench 227 Torque Wrench 88 -12796 228 1 Set Of Metric Wrenches 88 -12796 229 All -trade Set Of Screwdrivers /7 piece 88 -12796 230 Mark Air Grease Gun 88 -12796 231 1 Set Of Metric Wrenches 88 -12796 232 1 Super Start 88 -12796 233 1 Super Start - Universal Wrench -7/8 Wrench 88 -12796 234 Small Air Mattress 88 -12796 235 Modular Stereo Receiver /S- 75101902806 90 -00146 236 Black Leather Jacket 90 -11835 237 Grey Hamilton Duffel Bag - Orange Back Pack 89 -09865 238 Bon Jour Black Jeans /Size 15 88 -11806 239 Bon Jour Blue Jeans /Size 9 88 -11806 240 Prezzia Blue Jeans /Size 9 88 -11806 241 Maroon (East Pak) Bag 88 -11806 242 Blue (Academy Broadway) Bag 88 -11806 243 2 Side Cutters 89 -04035 244 Plainsman Jackknife - Western Hunting Knife 87 -15927 245 Small Cosmetic Purse (multi- color) 89 -18665 246 Incabloc 17 Jewel Gold Pocket Watch 90 -16784 247 Blue /Yellow Child's Tennis Shoes /Size 8 86 -02072 Auction List Continued Page 7 ITEM NO. DESCRIPTION CASE NO. 248 Black Buck Knife 88 -09339 249 Black Tire Cover 87 -19355 251 Buck Knife 89 -09480 252 Blue Cloth & Vinyl Bag 88 -18021 253 2 Espirit Canvas Bags /Black - Red 89 -10789 254 Nike Warm -up Suit 89 -08604 255 Nike Warm -up Suit 89 -08604 256 Tan Leather Duffel Bag 89 -08956 257 White Photo Album 90 -11835 258 3 Toy Trucks 90 -11835 259 Duofone Telephone 411 90 -11835 260 Duofone Telephone 203 90 -11835 261 Duofone Telephone ET421 90 -11835 262 Realistic Concertmate Keyboard 350 90 -11835 263 Koala Bear 90 -11835 264 Koala Bear 90 -11835 265 Snow Leopard Stuffed Animal 90 -11835 266 Black Cat Stuffed Toy 90 -11835 267 Clown Doll With Stand 90 -11835 268 Japanese Doll 90 -11835 269 Black /White Doll 90 -11835 270 Chinaman Doll 90 -11835 271 Stuffed Toy Car 90 -11835 272 13 Pair Of Glasses 90 -11835 273 Black Camera Case With 1 Roll 35mm Film 88 -06578 274 Blue "Desiree" Dish 88 -13010 Auction List Continued Page 8 ITEM NO. DESCRIPTION CASE NO. 275 Filet Knife With Sheath 89 -09922 276 Auto Cigarette Lighter 88 -03925 277 Aluminum Bat 88 -20634 278 Franklin Tee -Ball Bat 90- 08575 279 Louisville Slugger "Pete Rose" Bat 90 -08059 280 Red Marigold Case 88 -03925 281 Grey /White "Adidas" Warm Up Suit 88 -22503 282 Sunjet Polarized Sunglasses 88 -08041 283 Clown Doll With Stand 90 -11835 284 1 Blue /Purple & 1 Brown /White dresses 90 -11835 285 Daiwa Reel & Rod 89 -09011 286 2 Goalie Hockey Sticks 90 -00272 287 Black "Toledano" Handbag 90 -11835 288 Burgundy Purse 90 -11835 289 Brown Purse 90 -11835 290 Blue Purse 90 -11835 291 Black Leather Handbag 90 -11835 292 Black /Gold Handbag 90 -11835 293 Lavender /White Bed Doll 90 -11835 294 Yellow /White Bed Doll 90 -11835 295 Black Samsonite Cosmetic Case 90 -11835 296 10 Music Cassette Tapes 90 -02764 297 10 Music Cassette Tapes 90 -02764 298 10 Music Cassette Tapes 90 -02764 299 10 Music Cassette Tapes 90 -02764 300 10 Music Cassette Tapes 90 -02764 Auction List Continued Page 9 ITEM NO. DESCRIPTION CASE NO. 301 10 Music Cassette Tapes 90 -02764 302 10 Music Cassette Tapes 90 -02764 303 10 Music Cassette Tapes 90 -02764 304 10 Music Cassette Tapes 90 -02764 305 7 Music Cassette Tapes 90 -02764 306 it Music Cassette Tapes 90 -02764 307 10 Record Albums 90 -02764 308 10 Record Albums 90 -02764 309 10 Record Albums 90 -02764 310 5 Record Albums 90 -02764 S MISC CLOTHING ITEMS 311 Boy's Blue Minnesota T -Shirt 90 -11835 312 Woman's Bathing Suit /Size 10 90 -11835 313 Woman's Bathing Suit /Size 10 90 -11835 314 Woman's Flowered Dress /Size 8 90 -11835 315 White Blouse /Size 10 90 -11835 316 Child's Black /Red Ruffled Dress /Size 5 90 -11835 317 Child's Pink /White Dress /Size 6X 90 -11835 318 Child's Ski Jacket 90 -11835 319 Child's Black /Pink Dress /Size 6 90 -11835 320 Child's Blue Sweatshirt /Size 6 90 -11835 321 Child's Black /Purple Skirt 90 -11835 322 Child's White Shirt /Size 5 90 -11835 323 Child's Peach /White Shirt /Size 6 90 -11835 324 Child's Orange Sweatshirt /Size 6 90 -11835 s Auction List Continued Page 10 ITEM NO. DESCRIPTION CASE NO. 325 Child's Red Hat 90 -11835 326 Woman's Swimsuit 90 -11835 327 Infant Top & Bottom 90 -11835 328 Large Yellow Bib 90 -11835 329 Large Red Bib 90 -11835 330 Woman's Red Swimsuit /Size 12 90 -11835 331 Woman's Flowered Swimsuit /Size 12 90 -11835 332 Infant Dress With Bonnet 90 -11835 333 Infant Sleeper 90 -11835 334 Infant Yellow /White Top and Bottom 90 -11835 335 Infant Pink Shirt & Bib 90 -11835 336 Infant Dress Pink 90 -11835 337 4 Bibs 90 -11835 338 2 Pink /White Bonnets 90 -11835 339 5 Bras /Size 34 90 -11835 340 6 Bras /Size 34 90 -11835 341 6 Pair Women's Underwear 90 -11835 342 3 Halter Tops 90 -11835 343 Clown Doll 90 -11835 344 Blue Bi -Fold Suitcase 90 -11835 345 300 Pocket Photo Album 90 -11835 346 Infant Light Blue Outfit 90 -11835 347 Child's Orange Shorts /Size 6 90 -11835 348 Child's Grey Hat 90 -11835 349 Child's Red /White Shirt /Pants /18 Months 90 -11835 350 Woman's Pink Lingerie /Size Small 90 -11835 Auction List Continued Page it ITEM NO. DESCRIPTION CASE N0, 351 Woman's Multi -Color Swimsuit 90 -11835 352 2 Ceramic Figurines 90 -11835 353 Ceramic Raccoon 90 -11835 354 Brown Tweed "Tahoe" Suitcase 90 -11835 355 Black Sweatpants /Shirt Child /Size 6 90 -11835 356 Green Sweatpants /Shirt Child /Size 7 90 -11835 357 Blue Sweatpants /Shirt Child /Size 4 -5 90 -11835 358 Child's Blue Jeans /Size 7R 90 -11835 359 Girl's Blue /Red Top 90 -11835 360 Child's Dress /Size 18 Months 90 -11835 i 361 Infant Baseball Outfit 90 -11835 362 3 Pair Infant Shoes 90 -11835 363 Boy's Sweater /Size 8 90 -11835 364 Child's Blue Windbreaker 90 -11835 365 Infant Blue /White Outfit /Size 18 Months 90 -11835 366 Child's Pink /Green Pants /Shirt /Size 5 90 -11835 367 Infant Dress Pink /Blue With Bonnet /Size 90 -11835 18 Months. 368 Infant Yellow Windbreaker /Size 18 Months 90 -11835 369 Infant Blue /White Dress 90 -11835 370 Infant Sundress & Shirt /Size 12 Months 90 -11835 371 Red Sweatshirt /Size Small 6 -8 90 -11835 372 Sweatpants /Shirt Child /Size Small 4 -5 90 -11835 373 Sweatpants /Shirt Child /Size Large 7 90 -11835 374 Sweatpants /Shirt Child /Size Medium 6 90 -11835 375 Dress Flowered Child /Size 7 90 -11835 Auction List Continued Page 12 ITEM NO. DESCRIPTION CASE NO. 376 Blue Sundress Child 90 -11835 377 2 Corduroy Bib pants /Size 4T 90 -11835 378 Corduroy Dress & Top /Size Medium 6 90 -11835 379 Blue Jean Skirt Child /Size 5 90 -11835 380 Striped Blue Jeans Child /Size 7R 90 -11835 381 4 Bonnets 90 -11835 382 4 Bonnets 90 -11835 383 Checkered Jacket & White Shirt Infant /Size 90 -11835 12 Months 384 Toddler White Slip /Size 3T 90 -11835 385 Blue Sweatpants /Shirt Child /Size 7 90 -11835 386 Black Leather Suitcase 90 -11835 387 4 Bras /Size 34B 90 -11835 388 7 Bras /Size 34C 90 -11835 389 Grey /Black Sweatpants /Shirt /Size 7 90 -11835 390 Infant Shirts (2) & Bib Top 90 -11835 391 Woman's White Pants /Blouse 90 -11835 392 Blue Bib Pants Child /Size 6 90 -11835 393 Toddler Shirts (3) /Size 3T 90 -11835 394 Toddler Shirts (3) /Size 2T 90 -11835 395 Toddler Sunsuit & Shirt /Size 2T 90 -11835 396 Toddler Sweatshirts (2) /Size 4T 90 -11835 397 Pink Spring Coat Child /Size 18 Months 90 -11835 398 6 Pair Ladies Underwear /Size 6 -8 90 -11835 399 2 Blue /White Shirts Juv. /Size 4 90 -11835 400 2 Shirts Child /Size 4 90 -11835 Auction List Continued Page 13 ITEM NO. DESCRIPTION CASE NO, 401 2 Shirts Child /Size 4T 90 -11835 402 2 Shirts Child /Size 7 90 -11835 403 2 Shirts Child /Size 7 90 -11835 404 Infant 3 Shirts & 1 Pair Shorts /Size 12 90 -11835 Months 405 Toddler (2) Shirts 1 Pants /Size 12 Months 90 -11835 406 1 Green Shirt Child /Size 4 90 -11835 407 White Shirt Toddler /Size 2T 90 -11835 408 Blue Shirt Juvenile /Size 6 90 -11835 409 Red Nylon Suitcase 90 -11835 410 2 Play suits /Size 2T & 3T 90 -07360 • 411 Pink Shirt & Blue shorts /Size 4T 90 -07360 412 Blue /Pink Jeans & Vest /Size 2T 90 -07360 413 3 Vials Of Guest Perfume & 1 Pair Sunglasses 90 -07360 414 White Shirt & Bib Jeans /Size 3 90 -07360 415 Girl's Red Dress /Size 9 90 -00172 416 Girl's Blue Pant Suit /Size Small 90 -00172 417 Girl's Blue /White Pant Suit /Size 7/8 90 -00172 418 Girl's Black Jumper /Size Small 90 -00172 419 Guess Blue Jeans /Size 30 90 -00172 420 Red /White Blouse /Size Small 90 -00172 421 Blue Blouse /Size Medium 90 -00172 422 Green Sweater /Size Large 90 -00172 423 White /Black Blouse /Size Large 90 -00172 424 Black Espirit Bag 90 -00172 Auction List Continued Page 14 ITEM NO. DESCRIPTION CASE NO. MISC CLOTHING ITEMS 435 Timberwolves Shorts & T- Shirts - 1 Chicago 90 -08492 Bulls T -Top 436 Nintendo -Top Gun 88 -11931 437 2 "Alabama" Cassette Tapes 88 -03925 438 Weekends Jeans /Size 27x32 90 -19898 439 Levis 505 /Size 31x32 90 -19898 440 Levis 550 /Size 31x32 90 -19898 441 Levis 550 /Size 31x32 90 -19898 442 Levis 550 /Size 31x32 90 -19898 443 Levis 501 /Size 31x32 90 -19898 444 Levis 550 /Size 31x34 90 -19898 445 Levis 505 /Size 36x32 90 -19898 446 Levis 505 /Size 30x34 90 -19898 447 Levis 550 /Size 30x34 90 -19898 448 Levis 505 /Size 30x34 90 -19898 449 Levis 505 /Size 31x30 90 -19898 450 Levis 501 /Size 31x30 90 -19898 451 Levis 505 /Size 31x30 90 -19898 452 Levis 501 /Size 28x30 90 -19898 453 Levis 501 /Size 28x30 90 -19898 454 Levis 505 /Size 32x30 90 -19898 455 Levis 550 /Size 30x3@ 90 -19898 456 Levis 501 /Size 28x30 90 -19898 457 Levis 501 /Size 28x32 90 -19898 Auction List Continued Page 15 ITEM NO. DESCRIPTION CASE NO. 458 Levis 501 /Size 28x32 90 -19898 459 Levis 505 /Size 32x30 90 -19898 460 Levis 550 /Size 32x30 90 -19898 461 Levis 550 /Size 32x30 90 -19898 462 Levis 550 /Size 32x30 90 -19898 463 Levis 550 /Size 32x30 90 -19898 464 Levis 505 /Size 30x32 90 -19898 465 Levis 501 /Size 31x30 90 -19898 466 Levis 501 /Size 30x32 90 -19898 467 Levis 501 /Size 30x32 90 -19898 468 Levis 505 /Size 30x32 90 -19898 469 Levis 550 /Size 30x32 90 -19898 470 Levis 501 /Size 29x34 90 -19898 471 Levis 501 /Size 29x30 90-19898 472 Levis 550 /Size 29x30 90 -19898 473 Levis 505 /Size 29x30 90 -19898 474 Levis 501 /Size 29x30 90 -19898 475 Levis 550 /Size 29x30 90 -19898 476 Levis 550 /Size 32x30 90 -19898 477 Levis 505 /Size 32x32 90 -19898 478 Levis 550 /Size 33x30 90 -19898 479 Levis 505 /Size 33x30 90 -19898 480 Levis 505 /Size 33x30 90 -19898 0 481 Levis 505 /Size 34x30 90 -19898 482 Levis 550 /Size 29x30 90 -19898 483 Levis 501 /Size 29x32 90 -19898 Auction List Continued Page 16 ITEM NO. DESCRIPTION CASE NO. 484 Levis 501 /Size 29x32 90 -19898 485 Levis 501 /Size 29x32 90 -19898 486 Levis 505 /Size 29x32 90 -19898 487 Levis 550 /Size 29x32 90 -19898 488 Levis 550 /Size 28x34 90 -19898 489 Levis 550 /Size 28x34 90 -19898 490 Levis 550 /Size 30x30 90 -19898 491 Levis 550 /Size 30x30 90 -19898 492 Levis 505 /Size 30x30 90 -19898 493 Levis 501 /Size 30x32 90 -19898 494 Levis 501 /Size 30x30 90 -19898 495 Levis 505 /Size 30x30 90 -19898 496 Bugle Boy Jeans /Size 28x31 90 -19898 BICYCLES 497 Huffy 26" Boys' /S =HC5280101 90 -17782 498 Columbia 24" Girls' 3 Speed /S =623214 90 -17982 499 Huffy 26" Men's 3 Speed /S =HC3103112 90 -16847 500 JC Penney 26" Girls' 10 Speed /S- HC1996879 90 -16081 501 Kabuki 26" Men's 10 Speed/S-989711 90 -13430 502 Sigma 20" Boys' Dirt Bike /S- HC0752886 90 -20376 503 Huffy 20" Boys' BMX /S =HC1258979 90 -12600 504 Columbia 16" Men's 10 Speed /S- 50761417 90 -13375 505 Raleigh 26" Men's 10 Speed/S- 2080349 90 -13431 506 Schwinn 27" Men's 10 Speed /S- LN48435 90 -16789 507 Huffy 27 Men's 12 Speed /S =HC3345992 90 -17322 Auction List Continued Page 17 ITEM NO. DESCRIPTION CASE N0, 508 Sears 27 Men's 10 Speed /S =50247452251228166 91 -00695 509 Gitane 27" Ladies' /S =613307 90 -22069 510 Murray 26" Women's 10 Speed /S =MO5671 -71 90 -16475 511 Unknown 26" Boys' 10 Speed /S =None 90 -18476 512 Galaxy 26" Boys' 10 Speed /S =LY8503010451 90 -12172 513 Huffy 20" Boys' Racing /S= HC0760066 90 -12172 514 Schwinn 16" Boys' /S -None 90 -11952 515 Unknown 26" Men's 10 Speed /S=HC4230837 90 -11611 516 Schwinn 26" Girls' 10 Speed /S =0056654 90 -11549 517 Vista 27" Men's 10 Speed /S =RO5557 90 -18567 i 518 Huffy 20" Girls' 10 Speed /S =801Huffy26835 90 -11274 519 Open Road 26" Girls' 10 Speed /S- A861121730 90 -14962 520 Huffy 26" Men's /S- HC3350068 90 -10692 521 Unknown 20" Boys' /S =Unknown 90 -10538 522 Columbia 20" Boys' 10 Speed /S =1- 60971282 90 -10538 523 Huffy 26" Boys' 10 Speed /S =HC5894250 90 -16734 524 Randor 26" 10 Speed /S- Unknown 90 -16737 525 Murray 26" 10 Speed /S =HC1826225 90 -10011 526 Montgomery Wards 26" Boys' 10 Speed /S= 90 -03357 31110986 527 Columbia 26" Men's 10 Speed /S=3039284 90 -09014 528 Schwinn 27" Men's 10 Speed /S =HQ521169 90 -08132 529 All Pro 20" Boys' 10 Speed /S =B4552606 90 -07392 530 Unknown 26" Boys' 10 Speed/S =50247451ON09 90 -03257 04308 531 Galax 26" Boys' @ Speed/S=18506041922 0 -0 5796 1 9 Y Y r Auction List Continued Page 18 ITEM NO. DESCRIPTION CASE NO. 532 Hosteller 26" Men's 10 Speed /S =5279 90 -99729 533 Huffy 27" Men's 12 Speed /S =HC9307217 90 -06726 534 Tease 26" Men's 10 Speed /S =60093 90 -06114 535 MT Ranger 26" Mountain Bike /S =GBO801153 90 -05556 536 Columbia 10 Speed /S =60320961 90 -06649 537 Sears 26" Men's 10 Speed /S =11200567 90 -06992 538 Rampar 26" Men's 10 Speed /S- C64580 90 -13888 539 Schwinn 24" Ladies' /S =8112502 90 -15452 540 Schwinn 14" Boys' /S- EL570769 90 -15448 •541 American 26" 2 Speed /S- KS32384 90 -15860 542 Murray 26" Boys' 10 Speed /S- B0900584 90 -01762 543 Haro Group 16" Boys' /S- 0888816797 90 -00333 544 Predator 14" Boys' /S =3829467 90 -19461 545 Unknown 14" Boys' /S =32239701 90 -19461 546 Huffy 24" Girls' 10 Speed /S =HC4121930 90 -19461 547 Huffy 26" Boys' 10 Speed /S= 81527Huffy26827 90 -20710 548 Unknown 20" Boys' BMX/S- LY860121947 90 -05626 549 Kent 16" Girls' /S =None 90 -05247 550 Unknown 24" Girls' /S =302785 90 -19957 551 Kabuki 24" Boys' /S =350097860482 90 -19448 552 Schwinn 26" Boys' /S- H0573874 90 -16465 553 Giant 26" 10 Speed /S- CB910952 90 -16277 554 Ratler 13" Boys' /S -TH804 90 -15058 555 Murphy 14" Boys' /S- M09536012 90 -15058 556 Huffy 26" Men's 5 Speed /S- HC1826305 90 -14592 557 Huffy 26" Men's 10 Speed /S- HC8316331 90 -14592 . A Auction List Continued o inued Page 19 ITEM NO. DESCRIPTION CASE NO. 558 Huffy 26" Girls' 10 Speed /S= 82897Huffy26874 90 -15840 559 Pro Tour 26" Girls' /S= T1407453 90 -00655 560 Columbia 14" Girls' /S= 40635188 90 -13594 561 Huffy 22" Girls' /S =82256HuffyKO235 90 -18969 562 Coast King 24" Men's 12 Speed /S= HC7185262 91 -01719 563 Giant 26" 12 Speed /S- CB910751 90 -10198 564 Unknown Boys' /S =HC8374859 90 -18551 565 Huffy 26" Girls' 12 Speed /S =Unknown 90 -17402 566 Huffy 26" Boys' 10 Speed /S- HC3831785 90 -17360 567 Unknown 12" Girls' 3 Speed /S= Unknown 90 -14253 568 Huffy 26" Girls' 5 Speed /S- HC8325722 90 -18754 569 Huffy 20" BMX/S =HC4858937 90 -17582 570 Magna 20" Boys' /S- 81Al2509 90 -16675 571 Schwinn 27" Boys' /S- EJ597772 91 -00122 572 Murray 20" BMX/S =P3723787 90 -17571 573 Magna 20 "/S =9W252403 90 -07373 574 Free Spirit 20" Girls' /S =502479960 90 -04077 575 Diamond Back 20" Boys' BMX /S =Unknown 90 -02405 576 Murray 20" Boys' BMX/S- M03005622 90 -03070 577 Murray 20" boys' /S= Unknown 90 -08540 578 Huffy 20" Boys' /S- HC1667462 90 -09388 579 Unknown 20" Girls' /S =Unknown 90 -08542 580 Open Road 20" BMX /S- M871098 90 -09833 581 Redline 20" Dirt Bike/S- R88040787 90 -10050 582 Huffy 20" Girls' /S =HC5658421 90 -11252 583 Huffy 26" Boys' 10 Speed /S= 50247125358046446 90 -19318 Auction List Continued Page 20 ITEM NO. DESCRIPTION CASE N0. 584 Tropical 6" Little Girls' /S =None 90 -18753 585 Unknown 20" BMX /S =M4K11067 90 -12050 586 Huffy 26" Girls' /S= 80416Huffy34876 90 -16833 587 Unknown 20" BMX /S =Unknown 90 -17344 588 Huffy 26" Boys'/S= C8094436804 90 -15709 589 Murray 24" Girls' /S= Unknown 90 -14340 590 Murray 24" All Terrain 10 Speed /S= Unknown 90 -14340 591 Kuwahara 16" BMX/S- L850900309 90 -17714 592 Columbia 18" Boys' /S =3036 90 -05929 593 Clubmari 27" 10 Speed /S =5061389 90 -14655 594 Vista 26" Boys' /S- Unknown 90 -11874 595 Murray 16" Boys' /S- 8050372614 90 -11756 596 Schwinn 27" 10 Speed /S- GA702182 90 -10775 597 Murray 14" Boys' 10 Speed /S= L3647061 90 -10706 598 Murray 14" Boys' 10 Speed /S- 3847012 90 -10706 599 World Traveler 27" Men's 10 Speed /S= E323828 90 -15487 600 Huffy 26" Boys' 10 Speed /S- 81388Huffy3654 90 -18583 601 Unknown BMX /S- Unknown 89 -08653 602 Murray 20" Boys' /S =Unknown 89 -01383 603 Huffy 20" Girls'/S= 1830496 89 -18662 604 Huffy 26" Girls' /S= 9043OHuffy26837 90 -14600 605 Hercules 26" Boys' 10 Speed /S =2160797 90 -05673 606 Huffy 20" Boys' 5 Speed /S =HC7807164 90 -15590 607 Huffy 26" 10 Speed /S =58421226 90 -19965 MISC ITEMS 608 Ski Doo Snowmobile Approx. 1970 90 -00165 Auction List Continued Page 21 ITEM NO. DESCRIPTION CASE NO, 609 2 Grand Prix Tires /Size Q78 -15LT 89 -20934 610 Arklamatic Gas Grill With Tank 90 -18748 *611 See Bill West Items 89 -18969 612 Copper Wire 90 -14339 613 1980 Honda 50CC/S =ABO25100215 90 -13036 614 Pink Floyd Album & 1 Pair Mittens 88 -22425 615 Grey Cassette Case W /10 Cassettes 89 -10165 616 Pink Floyd Compact Disk 89 -15322 617 Zenith 25" Console Color TV 89 -15322 618 Chevrolet Pickup /Vin #GTCC14D8BF70561 87 -08150 619 1979 Ford LTD /Vin #9U63F161941 90 -10010 ' a A AUCTION LIST 1991 FIREARMS ITEM NO. DESCRIPTION CASE N0. 425 Winchester Pump 20 Gauge Shotgun Model 89 -21010 120 Youth /S- L1478687 W /Case & Bandolier 426 Remington .22 Rifle Semi - Automatic W /Scope 89 -06393 & Case /S- 2455692 427 Ruger .22 Rifle Semi - Automatic W /Scope 89 -06393 & Case /5 -126 -17256 AUCTION LIST 1991 FORFEITURE ITEMS ITEM NO. DESCRIPTION CASE N0. 428 Old W. Richards Double Barrel Shotgun 90 -04345 429 H &R 12 Gauge Shotgun /S- AX415049 88 -13725 430 Ruger Red Hawk Revolver .44 Caliber 88 -13725 S -502 -18219 In Shoulder Holster NOTE: This item can only be purchased by a police officer or licensed gun dealer 431 Westerfield Model 30 16 Gauge Shotgun /Case 88 -13010 432 .303 Rifle Brand /S- Unknown With Case 88 -13010 433 JC Higgins .22 Caliber Rifle /Case 88 -13010 434 Remington Model 1100 12 Gauge Shotgun 89 -04517 S- N734401M With Extra Barrel & Hard Case r FORFEITURE AUTOMBOILES ITEM NO. DESCRIPTION CASE NO. 620 1979 Pontiac Trans -Am /Vin #2W87K9L172001 90 -09161 621 1981 Cadillac /Vin #1G6AL5798BE615403 90 -06572 622 1984 Ford pickup /Vin #lFT #F15G9EPA51012 90 -12134 AUCTION LIST 1991 BILL WEST ITEM NO. DESCRIPTION CASE NO. 623 1971 Honda /Vin #CL4504109594 90 -09061 624 1988 Hyundia /Vin #KMHLF31J8J &424097 90 -08251 625 1987 Ford LTD /Vin #2FABP73F6HX123527 90 -19727 611 1983 Yamaha 550 Dirt Bike /Lic #MR51 -242 89 -18969 CITY OF BROOKLYN CENTER Council Meeting Date 4/8/91 Agenda Item Number I R REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE II, IMPROVEMENT PROJECT NO. 1991 -02, CONTRACT 1991 -B ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: J f SY KNAPP " IREC OF PUBLIC WORKS MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Prior to the reconstruction of 69th Avenue North, contracts were to be let for the removal of the 23 existing houses within the corridor. Last September, the City Council approved specifications and subsequently awarded a contract for the removal of the first 6 of these homes. A list of the next group of houses to be removed has been assembled and the specifications have been "fine- tuned" for this and the remaining removal contracts. It is recommended that the City Council adopt a resolution which approves these specifications for removal of the remaining structures within the 69th Avenue North P g corridor. Council Action Required Adopt the attached resolution. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE II, IMPROVEMENT PROJECT NO. 1991 -02, CONTRACT 1991 -B WHEREAS, the 69th Avenue North reconstruction project requires the removal of existing houses and garages along the north side of the road; and WHEREAS, the removal of such structures is being performed outside of the future contract for road reconstruction; and WHEREAS, it is anticipated that there will be 3 additional contracts for removal of houses within the 69th Avenue North corridor; and WHEREAS, the City Engineer has developed specifications for removal of the remaining houses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the specifications for structure removals, as prepared by the City Engineer, are hereby approved for Removal of Houses on 69th Avenue North, Phase II, Improvement Project No. 1991 -02 and subsequent house removal projects. The Deputy Clerk is hereby authorized and directed to publish advertisement for bids for the removal of houses in accordance with said specifications. The advertisement for bids shall be published as required by law. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/8/91 Agenda Item Number ,a '6F REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, 111BLeCTOR OfrPUBLIC WORKS, MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • Evergreen Land Services has negotiated a purchase agreement with the property owner at 3500 69th Avenue North. This agreement is based on an appraised value of: Olivia Weinrich, 3500 69th Avenue - $75,000. This offer is acceptable to the property owner, and she has signed the agreement. The closing has not yet been scheduled on this property. The City Attorney is working with Evergreen and Public Works staff to review and finalize all details. Previous Council Action The Council on May 7, 1990 approved a resolution which provided for the negotiated purchase of real property for project 1990 -10. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. City Council Recommendation As all parties agree to the sale of the properties for their appraised value, a resolution is provided that approves and ratifies the purchase agreements. With these agreements, the City has reached agreements with 22 of the 23 residential property owners. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owner of the property at 3500 69th Avenue has accepted the City Manager's offer of the appraised value, and has executed a purchase agreement to that effect; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreement is hereby approved. 2. The City Manager is directed to proceed with the purchase of the property at 3500 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreement. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/8/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO HUMBOLDT AVENUE /65TH AVENUE LANDSCAPING, IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAP.P, D ECTO OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION:. No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • Last year, in conjunction with Improvement Projects 1989 -26 and 27, (i.e. - the Humboldt Avenue and 65th Avenue improvement projects), 14 foot wide concrete walks and tree grates were installed along the north side of 65th Ave. No., adjacent to the Brooklyn Center High School and also along the east side of Humboldt Avenue No., from 65th Ave. No. to just north of 67th Ave. No. These wider than normal concrete walks were constructed to function as combined sidewalk /trails, and also to address the narrow boulevard and snow storage problem. The above - described improvements were made in preparation for a landscaping contract which would place trees in the above areas. Last year, the City Council also approved the concept of extending the improved walk /trail on the east side of Humboldt Ave. No., from last year's construction limit north to 69th Ave. No. This extension would provide a functional north -south link between the improved walk /trail along 65th Ave. No. and the future off - street trail along 69th Ave. No., according to the City's "Draft Comprehensive Sidewalk /Trail Plan ". The proposed extension requires the development and analysis of alternative designs in front of the Humboldt Square Shopping Center. The City Engineer has received two proposals from Westwood Professional Services, Inc.; one to provide services for the development of plans and specifications for Humboldt Ave. /65th Ave. No. Landscaping, Improvement Project 1991 -03, and the other for preliminary design for walk /trail extension in front of Humboldt Square. Westwood has proposed to provide these services for a total cost not to exceed $ 5,430.00. A breakdown of the two proposals are as follows: r • - $ 2,850 for services relating to Humboldt Ave. /65th Ave. Landscaping, Improvement Project 1991 -03, - $ 2,580 for Trail Planning services along Humboldt Ave. No., in front of Humboldt Square. Westwood has provided similar services to the City in the past. Staff has maintained a good working relationship with Westwood and accordingly recommends acceptance of their proposals as submitted. Copies of the proposals are attached for reference. Council Action Required A resolution accepting both Westwood Professional Services, Inc. proposals is provided for consideration by the City Council. • r Nestwoou Professional Services, Inc. April 4, 1991 14180 Trunk Hwy. 5 Eden Prairie. MN 55344 612.937 -5150 FAX 612 - 937 -5822 Mr. Mark Maloney City Engineer 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Landscape Architectural Services 65th Avenue and Humboldt Avenue Dear Mr. Maloney: Our meeting on some landscape planning and design issues near the High School was very informative. We are pleased that you invited this proposal for landscape architectural services from Westwood. This letter proposal can serve as our agreement if the City Council feels it adequately addresses the work. PROJECT Landscape Architectural design services for the 65th Avenue and Humboldt Avenue MSA project. Specific service needs include tree specie selection for planting in tree grates (already in place) in the sidewalks abutting the High School. A second area of service involves landscape improvements to the planting bed "island" just south of 65th and between Humboldt and the east frontage road. SCOPE OF WORK Westwood's services shall generally follow the sequence of tasks as described here and as clarified by the interaction with staff. 1. Prepare base map for landscape project (tree grate locations and "island" planting . area p g } 2. Provide on -site review of conditions and develop initial concept formulation. 3. Develop plant material recommendation based on site conditions, plant hardiness, a din ess size of lan in t area n p g and aesthetic concerns. 4. Review concept plan and plant choices with City staff and school administration. 5. Prepare a pre -bid cost estimate for client review. 6. Prepare a reproducible planting plan and technical specification (for plants) for city use in bidding and installation. westwooC Professional services. Inc. is an mal opportunity employer. Mr. Mark Maloney April 4, 1991 Page 2 7. Inspect planted materials for quality urban right -of -way projects and who will sign and plans and specifications. The planting plans may be worked on by other support staff as necessary. MATERIALS SUPPLIED BY THE CITY The City shall furnish the following materials, data, or services: 1. Construction plans for the sidewalks along the High School property 2. Preparation of bid form, advertisement for bid, general and special conditions. 3. Bidding and Contract administration. 4. Construction observation. This proposal assumes these will be provided. Materials, data or services not provided which require additional costs to Westwood (in materials or services) shall be grounds for additional costs beyond those stated in the "Cost of Services Section." PROJECT TIMING Westwood is prepared to undertake work within 10 days of award of this contract. Final plans and specifications can be ready within 20 days after work is initiated. PROJECT TEAM Westwood's Landscape Architecture /Planning Department shall provide the services on this project. Work shall be as directed by Tim Erkkila as project manager. Mr. Erkkila is a registered landscape architect who has undertaken numerous urban /street planting projects. COST OF SERVICES Westwood is prepared to provide the services described herein on a lump sum basis, with progress payments earned on the following basis: 1. Concept plans, plant choices and pre -bid estimate. $ 400.00 2. Meetings with City and school $ 200.00 3. Final plan and specification $ 2 4. Final inspection $ 150.00 TOTAL (not to exceed) $ 2,850.00 Mr. Mark Maloney April 4, 1991 Page 3 All work will be billed monthly, based on the pro -rata amount of work performed during the previous month. All invoices are due and payable upon receipt. All invoices outstanding 30 days or more from billing date will be charged a finance (interest) charge at the rate of 1.25% per month. We look forward to hearing from you about this project. This proposal is valid for 60 days; if notification to proceed comes later, we would like to review it and either revise it or reissue as is. Respectfully Submitted, WESTWOOD PROFESSIONAL SERVICES, INC. V Tim Erkkila, ASLA Vice President, Planning TE: jms APPROVED BY BROOKLYN CENTER CITY COUNCIL: Date: ACCEPTED FOR THE CITY OF BROOKLYN CENTER: By City Manager Westwood Professional Services, Inc. April 4, 1991 14180 Trunk Hwy. 5 Eden Prairie, MN 55344 612937 -5150 FAX 612- 937 -5822 Mr. Mark Maloney City Engineer 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Trail Planning Services Humboldt Avenue Trail Planning - Humboldt Square Dear Mr. Maloney: Our recent meeting on trail planning issues on the above referenced project was very informative. We are pleased that you invited a proposal for trail planning services from Westwood. This letter proposal can serve as our agreement if the City Council feels it adequately addresses the work. PROJECT Trail planning services for the 65th Avenue and Humboldt Avenue MSA project. Specific service needs include analyzing alternatives for linking a trail /sidewalk from just south of Humboldt Square Shopping Center north to 69th Street along the east side of Humboldt Avenue. SCOPE OF WORK Westwood proposes to explore the alternatives for a trail connection on the east side of Humboldt Avenue between the new 14 foot sidewalk south of Humboldt Square shopping center to the 69th Street trail system connection. During the study, consideration will be given to pedestrian /bike conflicts, snow storage, r.o.w. acquisition and existing conditions. After review of relevant construction drawings and an on -site analysis, Westwood will prepare a minimum of three alternatives for a trail routing. These will be done on an 8 1/2" x 11" format and will include a plan, cross - section and summary of the advantages and disadvantages of each alternative. The alternatives will be presented to City staff for a preliminary review for their input. Final presentation to the City Council will be by City staff. we—oo Pmfe-onal Services. Inc. is an equal opportunmy employer. _ Mr. Mark Maloney April 4, 1991 Page 2 MATERIALS AND SERVICES SUPPLIED BY THE CITY Westwood will rely on the City to provide the following materials, data, or services: 1. Aerial photos, construction drawings, cross sections or other materials as needed to perform the study. 2. Prompt review of preliminary alternatives. 3. Final presentation to City Council. PROJECT TIMING Westwood will begin the trail study immediately upon acceptance of this proposal and will have preliminary alternatives ready for City staff review within 20 days. Assuming a prompt response /review time by the City staff, material could be ready for the June 10 City Council meeting. PROJECT TEAM Westwood's Landscape Architecture /Planning Department shall provide the services on this project. Tim Erkkila will lead the study and be the primary representative at presentations. Anne Deuring will be involved in the study analysis and alternatives development. Other support people will be brought in as needed. COST OF SERVICES Westwood is prepared to provide the services described herein on a lump sum basis, with progress payments earned on the following basis: 1. Preparation and Analysis $ 600.00 2. Alternative Development $ 1,300.00 3. Presentations $ 600.00 4. Supplies and Presentation Materials $ 80.00 TOTAL (not to exceed) $ 2,580.00 Mr. Mark Maloney April 4, 1991 Page 2 All work will be billed monthly, based on the pro -rata amount of work performed during the previous month. All invoices are due and payable upon receipt. All invoices outstanding 30 days or more from billing date will be charged a finance (interest) charge at the rate of 1.25% per month. We look forward to hearing from you about this project. This proposal is valid for 60 days; if notification to proceed comes later, we would like to review it and either revise it or reissue as is. Respectfully Submitted, WESTWOOD PROFESSIONAL SERVICES, INC. t zt�.v gu k Tim Erkkila, ASLA Vice President, Planning TE: jms APPROVED BY BROOKLYN CENTER CITY COUNCIL: Date: ACCEPTED FOR THE CITY OF BROOKLYN CENTER: By City Manager Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO HUMBOLDT AVENUE /65TH LANDSCAPING, IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D WHEREAS, Improvement Project 1991 -03, Humboldt Avenue /65th Avenue Landscaping involves the selection of boulevard tree types and the assembly of plans and specifications for a landscaping contract; and WHEREAS, last year the City Council approved the concept of improving the walk in front of Humboldt Square; and WHEREAS, the City Engineer has obtained proposals from Westwood Professional Services, Inc. to provide design services in conjunction with the proposed improvements, and to provide planning services for the trail connection in front of Humboldt Square at a total cost not -to- exceed $5,430.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposals as submitted by Westwood Professional Services, Inc. to provide services relating to Humboldt Avenue /65th Avenue Landscaping, Improvement Project No. 1991 -03 at a cost not -to- exceed $5,430.00 are hereby accepted and approved. The City Manager is hereby authorized and directed to execute a contract with said firm on the basis of said proposal. 2. All costs relating to this work shall be charged to the Local State Aid Fund No. 2611. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/8/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING THE 1991 DISEASED TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT 1991 -06, CONTRACT 1991 -G DEPT. APPROVAL: r SY KNAPP, D1119CTOR,0P PUBLIC WORKS 47 MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The City of Brooklyn Center annually establishes a Tree Removal project to expedite the removal of diseased and other nuisance trees. Nearly 700 trees were marked for removal • under last year's program, 460 of which were removed by the City's tree contractor, Ceres Tree Service. A summary of the tree removal program from 1974 -1990 is attached. preliminary estimates by University of Minnesota specialists suggest that there will be minimal increase in the number of diseased trees in 1991. The City utilizes a "fast track" system of procedures for administering this program. These procedures were approved by the Council in 1987, and are intended to, as the name implies, speed up the process of tree removal. Figure 1 shows the process which is followed for a typical tree. Some changes have been made to the specifications for 1991. These: • Specify that all stumps will be removed and ground out, with few or no exceptions; and require contractors to remove the bark from all stumps that are not to be ground out immediately following tree removal, prior to leaving the site. • Clarified that requirement that no tree debris stacked or otherwise collected for removal may be stored on any private driveway or public street, alley, or sidewalk. Tree program administrative procedures are also under review. The computer program used in administering the project is being rewritten and updated to take advantage of the power of new computers in the Engineering office, and the newest versions of database management software. Recommendation . It is recommended that the Council adopt the attached resolution establishing the project, approving plans and specifications, and directing advertisement for bids. ATTACHMENT 1 City of Brooklyn Center Diseased Tree Removal Program Summary: 1990 Boulevard Private Park Stumps Trees Trees Trees Only Total By Contractor 161 197 95 7 460 By State Crews 0 1 0 0 1 By County Crews 0 0 0 0 0 By Property Owner 15 216 0 0 231 TOTAL REMOVED IN 1990 1 176 414 95 7 692 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 TOTAL TREES MARKED 38 47 267 617 712 487 478 583 389 288 517 574 389 272 479 581 685 Boulevard Stumps Marked (No records kept) 102 6 3 1 18 27 16 15 12 17 8 6 7 and Removed Private Stumps Marked (No records kept) 68 19 13 14 11 2 4 18 0 1 0 5 0 and Removed TOTAL TREES /STUMPS MARKED & REMOVED 1 38 1 47 267 6171 8821 512 1 494 1 598 1 4181 3171 5371 607 401 1 290 487 592 692 Number of Brush/Log Piles (No records kept) 128 44 58 47 41 45 25 39 21 5 8 7 9 Removed or Debarked FIGURE 1 Diseased Tree Removal Program Fast Track Procedures 1 Up To Up To Two Day 1 Week 20 Days - - - -- One To Two Weeks - - -- Weeks Owner Chooses To Inspected By Tree Inspector, Remove Tree By Self, Who Will Approve Or Will Within 20 Days Require Additional Work Or Clean U Placed on Tree Work List, {> Contractor Has Two Tree Owner Owner Requests City Usually Within Two Weeks Weeks To Com f ete L ist Marked Notified Tree Contractor To Remove Tree Owner Removes Attempt to Contact By Tree By Self Owner Makes No Phone; If Can't, Delinquent Response Within Notice Delivered By Police 20 Days (In Town) or By Certified Mail (Out of Town) Owner Requests City Tree Contractor To Remove Tree �j Council Declares Tree A Nuisance No Response In 5 Days — City Orders Contractor To Remove Tree 1a� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE 1991 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1991 -06, CONTRACT 1991 -G BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: DISEASED TREE REMOVAL IMPROVEMENT PROJECT NO. 1991 -06 2. The specifications for Contract 1991 -G for said improvement project are approved and ordered filed with the City Clerk. 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 4. The accounting for the project shall be in the Tree Removal Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 4/8/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, Olg05CTOR OVIPUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Explanation • Costs for administration of the City's tree removal program are recovered by adding three administrative fees to the actual costs for tree removals. These fees are as follows: Administrative Fee - This fee is intended to cover costs involved in the inspection of trees, administrative costs involved in the notification of property owners, development and enforcement of the tree removal contract, follow -up inspections, etc. - all as necessary to assure that diseased trees are removed properly. Special Assessment - This fee is intended to cover the costs for Fee developing the special assessment roll, notification of owners, publication of the assessment roll, and all costs relating to adoption, certification, collection, and monitoring of the special assessments. Capitalized Interest - This charge is intended to cover the cost of Charge "Capitalized Interest" which occurs between the date that a tree is removed and the date that the special assessment roll is adopted. EXISTING FEE SCHEDULE The existing fee schedule, as adopted in 1989, is as follows. Each of these fees has been reviewed for 1991; it is recommended that the Council consider increasing all three charges. Each of these fees is discussed below, with the recommended increases noted in italics. Administrative Fee: for trees or stumps on private property $42 per tree for trees or stumps on boulevard = $21 per tree Special Assessment Service Charge: $25 per parcel on which a special assessment is levied Capitalized Interest Charge: $10 for each tree for which the cost of removal is specially assessed ADMINISTRATIVE FEE During 1990 the costs for administration of the program were as follows: • o Labor (direct payroll cost) $10,692 o Insurance (contract insurance costs, which are $ 3,000 paid for as "mobilization costs" under the contract, and are not included in contract costs per tree) TOTAL $13,692 It must be noted, however, that these costs do not include employee benefits, general administrative costs, costs for furnishing equipment (vehicles for the inspector, office equipment such as computers and copy machines for Engineering personnel, postage, office costs, etc.). If those costs were all to be added, an "overhead factor" of as least 2.0 should be applied to labor costs, resulting in the following analysis: o Labor $10,692 x 2.0 $21,384 o Insurance 3,000 TOTAL $24,384 • 0 These administrative costs have in past years then been divided by the number of trees removed by the tree contractor, to obtain a per -tree administrative cost. This method recovers the total administrative costs of the program through administrative charges imposed on the property owners choosing to use the City's tree contractor. An alternative method of charging administrative costs is to determine an average cost for City labor and overhead per tree, including those not removed by the City's contractor. The City would then recover from user charges the labor and overhead costs for the contractor - removed trees, and would absorb the administrative cost for the other trees. The insurance cost would be distributed only among contractor - removed trees. These two methods are shown below: Option 1 = Spread administrative costs over all contractor - removed trees Option 2 = Spread labor and overhead costs over all trees, with non- contractor removed trees weighted at .5, and insurance over contractor - removed trees OPTION 1 OPTION 2 Labor + Overhead Costs $21,384.00 $21,384.00 Number of Trees Sharing Costs* 460 576 • Labor and Overhead Component $46.48 $37.12 Insurance Component ($3,000/460 trees) $6.52 $6.52 ADMINISTRATIVE COST $53.00 $43.64 Non- recoverable Administrative Cost $0.00 $4,310.00 *Based on 1990 tree removals: 460 contractor removed trees; 232 "other removed" trees weighted at .5; 460 + (232x.5) = 576 Under Option 1, the administrative fee, to be fully "actuarial," would have to be increased from $42 to $53 per tree, or $26.50 for boulevard trees. Under Option 2, the fee would be increased to $44 per tree, $22 for boulevard trees. I recommend that Option 2 be adopted, and that the administrative fee be increased to $44 per tree. SPECIAL ASSESSMENT SERVICE CHARGE The special assessment service charge is intended to cover all the administrative costs relating to the special assessment process, ranging from personnel costs to postage. This fee has not increased for several years, but costs have increased. Accordingly, I recommend that this fee be increased from $25 to $30 per parcel. Paul Holmlund has reviewed this proposed increase, and believes it to be realistic. • I CAPITALIZED INTEREST CHARGE The capitalized interest charge represents the cost to the City of financing tree removal charges. In most cases, when a property owner requests that the cost of tree removal be assessed to his or her taxes (i.e. - when the owner chooses "Option 3" as described in the Tree Removal Agreement - see attached forms used during the 1990 season), the timing is such that it is a year or more before the assessment is certified and becomes collectable. In 1990, the owners of 88 removed trees chose Option 3, with only one tree removed and inspected in time to be certified in fall, 1990. The other 87 will be certified in fall, 1991. Meanwhile, the City has already paid the contractor from its reserve funds for the cost of tree removal. Capitalized interest represents the loss in interest earnings the City incurs for providing financing for the property owner. In past years this charge has been $10 per tree that is assessed. As the number of trees assessed has increased (from 39 in 1988 to 88 in 1990), and as the average cost of tree removal has increased, this charge has become increasingly less accurate. The following analysis is based on 1990 data. Average removal and administrative cost for $295.86 Assessed ( "Option 3 ") trees: Average time to certification 389 days • Average interest ( $295.86 x 10% x 389/365 days) $ 31.53 There are two options for establishing a finance charge. The first is to increase the charge so that it more accurately reflects the financing cost to the City. I would recommend a $30 interest charge. The second is to charge, rather than a flat interest charge, a charge which is calculated per tree, based on its cost and its time to certification. This would require a relatively simple programming change in the computerized Tree Program. Either a $30 per tree flat capitalized interest charge or a calculated charge would more nearly recover the costs of the program. If the Council chooses to increase this charge to the $30 flat rate, it would be most fair to the one or two property owners who have their trees removed early in the summer to defer certifying all tree special assessments until the following year. To better recover the costs of the program, I recommend that the Capitalized Interest charge be increased, either to $30 per tree or to an amount calculated for each tree. Council Action Required A resolution is provided for consideration by the City Council. If the Council decides that the fees should be amended, the resolution provides blanks in which to enter the desired fees. If the Council determines that no change is needed, then no action is required. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS WHEREAS, the Brooklyn Center City Council has provided for the establishment and administration of programs for the removal of diseased and other shade trees as specified by the Tree Inspector; and WHEREAS, a review of administrative costs indicates that the existing administrative fee schedule for maintenance of necessary accounts related to said programs needs to be adjusted to more accurately reflect the cost of services provided by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the existing fee schedule be amended as follows: Tree Removal Accounts Existing Schedule Amended Schedule Administrative Fee Private Property Tree /Stump $40.00 Boulevard Tree /Stump $20.00 Special Assessments $25 per parcel $30 per parcel Service Charge on which a special on which a special assessment is levied assessment is levied Capitalized Interest $10.00 per tree per tree Charge (assessed trees only) BE IT FURTHER RESOLVED that said amended fee schedules shall be effective immediately. 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 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE 911 Dear Property Owner: This is to inform you that the property identified on the enclosed agreement has been found to have a tree(s) or stump(s) classified as a public nuisance in accordance with City Ordinances. IF YOU ARE NOT THE OWNER OF THIS PROPERTY, PLEASE ADVISE US BE"EDIATELY. Enclosed are the following items: 1. Two copies of a "Notice to Abate Nuisance and Shade Tree Removal" 2. A sheet describing your options in detail and general information 3. A copy of the city ordinance pertaining to tree diseases. After reviewing this information, please do the following: 1. CHECK THE OPTION YOU DESIRE ON THE ENCLOSED AGREEMENT. 2. RETURN ONE SIGNED AND COMPLETED AGREEMENT TO THE CITY OF BROOKLYN CENTER, ATTN: ENGINEERING DEPARTMENT, 6301 Shingle -Creek Parkway, Brooklyn Center, MN 55430. Retain one copy of the agreement for yourself. 3. IF YOU DO NOT RETURN A CONTRACT TO US IN 20 DAYS, we will attempt to contact you first by phone. The second notice will be delivered by the Brooklyn Center Police Department. If there is no response in 5 days, the City will proceed under Option 3, that is the City's contractor will remove the tree, and a special assessment will be levied against your property. If you have any questions, please call the City Tree Program at 569 -3495. Sincerely, Diane Spector Public Works Coordinator CITY OF BROOKLYN CENTER ORDINANCES RELATIVE TO THE DETECTION AND CONTROL OF TREE DISEASES Section 19 -1501. NUISANCE DEFINED. Any living or standing tree or part thereof infected to any degree with an infectious disease or which harbors any insect, fungi, or virus known to contribute to the spread of such disease is hereby declared to be a public nuisance. An dead tree or art thereof known wn to contribute to the spread of infectious diseases including o s branc P 1 branches, P g, , stumps, or firewood, is hereby declared to be a public nuisance. Section 19 -1502. NUISANCE PROHIBITED. It shall be unlawful for the owner of any parcel of land in the City of Brooklyn Center to permit or maintain on any such parcel of land or upon abutting street right of way any tree or dead wood which is a public nuisance as defined in Section 19 -1501. It shall be the duty of any such owner to promptly abate the nuisance by removing and destroying such tree or dead wood in a manner authorized by the city manager or his duly authorized representative. Section 19 -1503. INSPECTIONS AUTHORIZED. In order to carry out the purposes of this ordinance and to implement the enforcement thereof, the city manager or his duly authorized representative is hereby authorized and empowered to enter upon any parcel of land in the City of Brooklyn Center at all reasonable hours for the purpose of inspecting any trees or dead wood situated thereon and removing specimens therefrom for laboratory or field analysis. It shall be unlawful for any person to prevent or interfere with the city manager or his duly authorized representative in the performance of any duties provided for in this ordinance. Section 19 -1504. NOTICE TO ABATE NUISANCE. If it is determined that a public nuisance exists on a parcel of land or abutting street right of way, the city manager shall cause to be served upon the owner of the parcel of land a written notice requiring such owner to abate the nuisance. Written notice shall be served by mail, addressed to the owner of the parcel at his Iast known address. If the owner upon whom such notice is served fails, neglects, or refuses to abate the nuisance within 20 days after mailing such notice, the city manager or his duly authorized representatives shall serve official notice in person or certified mail, proceed to abate the nuisance five (5) days after receipt of such notice, and charge the cost thereof against the owner to be paid by such owner to the City of Brooklyn Center. Section 19 -1505. ASSESSMENT OF UNPAID CHARGES. Each year the city clerk shall list the total unpaid charges for each nuisance abatement attributable to respective parcels of land pursuant to the provisions of the Minnesota Statutes Chapter 429. The city council shall levy such unpaid charges as special assessments against respective parcels of land, certifying such special assessments to the county auditor. The special assessments of such unpaid charges shall be in addition to any penalties imposed against the owner of a parcel of land for violation of the provisions of this ordinance. Section 19 -1506. PENALTIES. Any person, firm, or corporation violating provisions of this ordinance by failing, neglecting, or refusing to comply with the provisions thereof, shall, upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. I Notice to Abate Nuisance and Shade Tree Removal Agreement City of Brooklyn Center 6301 Shin¢le Creek Parkway Brooklyn Center, MN 55430 Telephone 569.3300/569 -3495 This is to inform ou t hat the property identified Y p p y feed above has been found to have a tree (s) or stump(s) classified as a public nuisance in accordance with City Ordinance. If you are not the owner or manager of this property, please advise us immediately. The following are the tree(s) and stump(s) so identified, and the cost of removal. Note: If the stump is listed as debark, it will not be removed. The cost has been adjusted accordingly. INSTRUCTIONS: Read the enclosed information, check one option, and sign below. Option 1: I am totally responsible for the removal of the specified tree(s) /stump(s), and I will notify the F City (569 -3495) that removal is complete within twenty (20) days of the date of this notice. u Option 2: I authorize the City's contractor to remove the specified tree(s) /stump(s), and I understand rte_ I will be invoiced for the price listed above after the removal is complete. u Option 3: I authorize the City's contractor to remove the specified tree(s) /stump(s), and I understand that r - 1 that the amount listed above plus additional fees will be assessed against my property. u I AM THE OWNER OF THE ABOVE DESCRIBED PROPERTY, AM AUTHORIZED TO BIND SAID PROPERTY, AND AGREE TO THE CONDITIONS SPECIFIED BY THE OPTION I HAVE SELECTED. I AGREE TO PAY THE SPECIFIED COSTS IF REMOVED BY THE CITY'S CONTRACTOR, ACCORDING TO THE SPECIFICATIONS ON FILE AT THE CITY ENGINEER'S OFFICE. I ACKNOWLEDGE RECEIPT OF THIS NOTICE. Authorized signature Date Phone (day) P (night) Y hone (n e ) For Office Use Only- Received opt Ent Asmnt Pend List X CITY OF BROOKLYN CENTER IMPORTANT INFORMATION ABOUT THE TREE PROGRAM The Tree Program Phone Number is 569 -3495 GENERAL INFORMATION 1. If you choose Option 2 or 3, the City's contractor will remove the tree(s) /stump(s), remove all brush and debris, and fill the hole with black dirt. The Tree Inspector will determine if any root runners need to be removed. It may take more than one day to complete all this work. If the contractor cannot remove the stump within 24 hours, he must debark the stump. 2. Your tree may need to be trimmed or topped by NSP before it can be removed; if you choose Option 2 or 3, the City's contractor will make these arrangements. You must arrange to have gates, fences, etc. removed. 3. If you wish to be notified before your tree is removed, please indicate so on the contract you return, along with any other requests. 4. ALL boulevard stumps must be removed. 5. An invoice will not be sent to you until the work is completed and inspected. Please do NOT pay before you are invoiced. 6. If you believe your property has been damaged by the contractor, please call 569 -3495, and explain the problem. The Tree Inspector will investigate and will consult with the City Engineer. 7. The City Engineering Department will make every effort to make contact with you. However, if we cannot, we will turn responsibility for contact over to the City's Code Enforcement staff. OPTION 1 1. YOU are responsible for all work and costs for removal and disposal of trees, stumps, brush, and debris. 2. If a stump is required to be removed, it should be removed to at least 4" below ground level. If the stump is to be debarked, remove all bark to ground level. 3. Diseased elm/oak branches and leaves may be disposed of at the Hennepin County disposal site on CR 130, 1/4 mile west of the 1 -94 and CR 61 interchange. Please call 935 -3381, ext. 302 for details. If you keep wood to burn, ALL bark MUST be removed and brush properly disposed of. 4. Notify the City by calling 569 -3495 when removal is complete. Note your address and the tree number. 5. If you do not notify us within 20 days that the tree is removed, we will attempt to confirm this with you by phone. If we cannot contact you, the Brooklyn Center Police Department will deliver a notice to you. OPTIONS 2 and 3 1. You give authorization to the City's tree contractor to remove tree(s) /stump(s). 2. If the tree(s) /stump(s) are on the property's boulevard, the City will pay 50% of the tree removal cost; the price shown on your contract is Your 50 % share of total cost. (con't) OPTION 2 I. You will receive an invoice for the amount shown on your contract AFTER all work has been completed and inspected. If payment is not received in 30 days, it will be added to the special assessment certification list, and additional charges will apply. OPTION 3 1. You choose to pay the costs by a special assessment to your property taxes. A pending assessment is recorded against your property; once pended, an assessment may not be removed, so once you choose this option you cannot change your mind. You will be charged a $25 special assessment fee (per property), and a $10 capitalized interest charge (per tree). 2. If the total amount per property, including fees, is less than $300, the cost will be levied in installments over three years; if the total is greater than $300, the period will be five years. If your tree removal is complete prior to July 15, the cost will be certified in September for payment beginning the following year. After July 15, it will be certified the following year. All property owners with trees removed under this option are entitled to an assessment hearing as stated in Ch. 429.061, Minnesota Statutes. You will be notified of this hearing in the August prior to certification. SENIOR CITIZEN DEFERRALS 1. If you choose Option 3, you may be eligible to defer all or part of the cost of tree removal if you meet certain conditions. City policy states that eligible persons may defer payment on that part of special assessments that exceed two percent of their annual income. This is NOT a discount. 2. To be eligible, you or your spouse must be over 65 years of age, or suffer from a permanent and total disability. Your property must be homesteaded, and your annual household income must be less than $17,400. 3. To see if you could defer any of your annual payment, start by multiplying your annual income by .02. This is the maximum amount you would be required to pay each year. Then, add to the total tree cost shown on the Removal Agreement the $25 special assessment fee, plus $10 per tree. If that amount is less than $300, divide it by 3; if it is more than $300, divide it by 5. This is the annual principle payment. Now multiply the total tree cost by .1, and add that to annual principle payment. This is your approximate first -year payment. If this amount is less than 2% of your income, you probably are not eligible to defer any of this cost. If it is greater than 2%, then you may be eligible to defer the excess amount. FOR EXAMPLE: Assume you have two trees removed at a cost of $525. Your annual income is $8,000. 1) $8,000 x .02 = $160. This is the maximum you are required to pay each year. 2) $525 + $25 + $20 = $570. Add the assessment fee and capitalized interest costs to the tree cost. 3) $570 / 5 = $114. Since $570 is more than $300, divide by 5 to get the annual principle payment. 4) $570 z .1 = $57. This is your first years' interest. 5) $114 + $57 = $171. This is your approximate first years' payment. 6) $171 - $160 = $11. Since $160 is the maximum you are required to pay, you may defer $11. 4. Please contact Diane Spector in the Engineering Department, 569 -3340, for more information., I /3 Licenses to be approved by the City Council on April 8, 1991 FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Baker's Square Restaurants YJ178 5601 Xerxes Avenue N. Beacon Bowl 6525 Lyndale Avenue N. Breaktime Services 6660 Shingle Crk. Pky. Bridgeman's JJ320 1272 Brookdale Center Brooklyn Center Mobil -Super Mart 6849 Brooklyn Blvd. Burger King #220 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Avenue N. Donut Delight 6838 Humboldt Avenue N. Duke's Amoco 6501 Humboldt Avenue N. 50's Grill 5524 Brooklyn Blvd. Gloria Jean's Coffee Bean 1119 Brookdale Center House of Hui's Restaurant 6800 Humboldt Avenue N. Jenny Craig Weight Loss Centre 5951 Earle Brown Drive Kim Fung 1958 57th Avenue N. Lynbrook Bowl, Inc. 6357 North Lilac Drive Marantha Place 5415 69th Avenue N. Movies at Brookdale 5800 Shingle Crk. Pky. Neil's Total 1505 69th Avenue N. New Horizon Nursery School 1200 69th Avenue N. Que Viet 6100 Brooklyn Blvd. Scoreboard Pizza 6816 Humboldt Avenue N. Target T -240 6100 Shingle Crk. Pky. Taystee Bread 4215 69th Avenue N. Wes' Amoco 6044 Brooklyn Blvd. Yen Ching Mandarin Restaurant 5900 Shingle Crk. Pky. Sanitarian ITINERANT FOOD LICENSE U Brooklyn Center H. S. Band Boosters 6500 Humboldt Avenue N. Earle Brown Elementary School 5900 Humboldt Avenue N. Garden City Elementary School 3501 65th Avenue N. X%C� Sanitarian MECHANICAL SYSTEMS Anderson Heating and A/C 4347 Central Ave NE Centraire, Inc. 7402 Washington Ave. So. Dependable Indoor Quality, Inc. 9500 Vincent Avenue N. Flare Heating & A /C, Inc. 664 Mendelssohn Ave. N. Gas Supply, Inc. 2238 Edgewood Avenue S. General Sheet Metal Corporation 2330 Louisiana Avenue N. Gopher Heating & Sheet Metal, Inc. 4815 West 123rd Street Home Energy Center 14505 21st Avenue N. Horwitz Mechanical, Inc. 5000 North Highway 169 Kleve Heating & Air Cond., Inc. 13075 Pioneer Trail McGuire Mechanical Services, Inc. 20830 Holt Avenue McQuillan Bros. Plbg. & Htg. Co. 452 Selby Avenue Metropolitan Mechanical Contractors 7340 Washington Ave. So. Milts Gas Heating Service, Inc. 2500 Longview Drive Minnegasco 201 South 7th Street Pete's Repair, Inc. 8835 Xylon Avenue N. Pierce Regrigeration 1920 2nd Avenue South Ron's Mechanical 1812 E. Shakopee Ave. Sedgwick Heating & Air Cond., Co. 8910 Wentworth Avenue S. / Yale, Inc. 9649 Girard Avenue S. Building Official MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. North Star Dodge Center, Inc. 6800 Brooklyn Blvd. Deputy Clerk NONPERISHABLE VENDING MACHINE Joel Johnson 10015 Nord Road ; Humboldt Square Cleaners 6824 Humboldt Ave. N. Sanitarian PERISHABLE VENDING MACHINE Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber Co. 1700 67th Avenue N. Mikros Engineering 3715 50th Avenue N. Sanitarian 1 1 SIGN HANGER Naegele Outdoor Advertising Co., Inc. 1700 West 78th Street ` Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. �1,�� Building Official SPECIAL FOOD HANDLING ESTABLISHMENT M & S Drug Emporium 5900 Shingle Crk. Pky. 1 &6�,11 Sanitarian SWIMMING POOLS Brookwood Estates 6201 North Lilac Drive Holiday Inn 2200 Freeway Blvd. Marvin Garden Townhouses 68th and Orchard Sanitarian GENERAL APPROVAL: P. Page, Depu Clerk