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HomeMy WebLinkAboutJune 13, 1994 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Na~vrocki Gary L. Peter~on Ro~en W. Ruettimann City Manager Patrick Hentgcs June 10, 1994 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 13, 1994, in the City Council Chambers of City Hall at 590 40th Avenue NE, Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/?82-2806 for deaf only) 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(s/ ***RECOMMENDED MOTION: Move to adopt the minutes of the Regular City Council Meeting of May 23, 1994, and the Special City Council Meeting of June 6, 1994, as presented in writing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) "SERVICE IS OUR BUSINESS" EQUAl_ OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 Council Meeting of June 13, 1994 6. Public ao bo co do e° Hearings/Ordinances & Resolutions Public Hearing - Resolution Ordering and Levying an Improvement of Alley Lighting (between Madison Street and Monroe Street from 42nd to 43rd Avenue) RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , being a Resolution Ordering and Levying one midblock light located in the alley between Tyler and Polk Streets, 37th to 39th Avenues on an existing pole between 4227 and 4233 Madison Street, known as PIR 677-Area 24 - Project 9411. Public Hearing - Regarding Homestead Classification of 3932 Central Avenue (ACCAP Theatre Heights Projects) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. ALTERNATIVE MOTION: Move approval of Resolution 94- , Resolution of the City Council of the City of Columbia Heights Granting Homestead Classification to the Property Located at 3932 Central Avenue and Authorization to Enter into Development Contract Regarding the Same. ALTERNATIVE MOTION: Move to deny homestead classification to the property located at 3932 Central Avenue, as information is inadequate. ALTERNATIVE MOTION: Take no action on the resolution; however, specify to ACCAP what information needs to be further clarified. Second Reading - Ordinance No. 1284, Charter Amendment Pertaining to Bonded Debt and Debt Limit RECOMMENDED MOTION: copies available for the public. RECOMMENDED MOTION: Bonded Debt and Debt Limit. Move to waive the second reading of the ordinance, there being ample Move to adopt Ordinance No. 1284, Charter Amendment Pertaining to Resolution - Approve Submittal of Variance Request RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , directing the City Engineer to proceed with submitting a variance request to the Commissioner of Transportation to permit the construction of sidewalk on the north side of 44th Ave. N.E. from Tyler Place to Reservoir Blvd. Resolution - Indemnifying Officers and Employees of the City of Columbia Heights RECOMMENDED MOTION: Move to waive the reading of Resolution 94- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- indemnifying officers and employees of the City of Columbia Heights. COUNCIL AGENDA Page 3 Council Meeting of June 13, 1994 Resolution - Reduction of Solid Waste Management Fee __., there being ample RECOMMENDED MOTION: Move to waive the reading of Resolution 94- copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , being a resolution agreeing to implement Environmentally Responsible Procurement Policies and to use Best Efforts to Recycle 50% of the Solid Waste Generated on City Owned Properties. go Resolution - Establishing Maximum Property Tax Guidelines for 1995 Budget RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. h. Other Ordinances and Resolutions 7. Communications ao Traffic Commission The minutes of the Traffic Commission's regular meeting of June 6, 1994, are included for informational purposes only. ***1. Request for No Parking-Loading Zone for St. Matthew Lutheran Church RECOMMENDED MOTION: Move to designate the north side of 41st Ave. N.E. as a "No Parking - Loading Zone" beginning 80' south of the centerline of Washington St. and extending to the alley, based on the recommendation of the Traffic Commission. **'2. Request for "Blind Child" Signs and Speed Control Signs at Tyler St., 46th to 47th Ave. RECOMMENDED MOTION: Move to install "Blind Child Area" signs 100' north and south of 4619 Tyler St. N.E. on Tyler St. and in the alley between Tyler St. and Polk St., provided the Public Works Director is informed when the signs are no longer required, based on the recommendation of the Traffic Commission. RECOMMENDED MOTION: Move to install speed limit signs in the alley between Tyler St. and Polk St. from 46th Avenue to 47th Avenue, based on the recommendation of the Traffic Commission. ***3. Request to Install Directional Signs to Lomianki Park RECOMMENDED MOTION: Move to install directional signs for Lomianki Park on Main St. N.E. at 39th Ave., based on the recommendation of the Traffic Commission. Planning and Zoning Commission The minutes of the Planning and Zoning Commission's regular meeting of June 7, 1994, are included for informational purposes only. Variance - 1640 Innsbruck Parkway, Wes Forsline RECOMMENDED MOTION: Move to approve the variance for an extended roof at 1640 Innsbruck Parkway provided appropriate plans are submitted for a building permit, and a restriction added to the deed for the property stating that this area cannot be enclosed. COUNCIL AGENDA Page 4 Council Meeting of June 13, 1994 ***2. ***3. ***4. ***6. ***C. ***d. Conditional Use Permit - 4022 Central Avenue, Stephanus Madda RECOMMENDED MOTION: Move to approve the Conditional Use Permit for the operation of a specialty grocery store combined with a deli/restaurant at 4022 Central Avenue provided all requirements of the Building Code, Fire Department, and Health Department are met. Special Purpose Fence - 4334 Madison Street, Ken Small RECOMMENDED MOTION: Move to approve the request for a seven foot high special purpose privacy fence along and inside the north property line of 4334 Madison Street. Special Purpose Fence - 4148 Quincy Street, Kim M. Larson RECOMMENDED MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence at 4148 Quincy Street. Conditional Use Permit - Wallace Auto Parts RECOMMENDED MOTION: Move to approve Conditional Use Permit to allow a truck/trailer rental operation on a limited basis on property located at 4817 University Avenue provided the fence and sloped areas at the rear of the property are repaired within sixty (60) days and thereafter maintained. Lot Reconfiguration on 500 Block of 38th Avenue N.E. RECOMMENDED MOTION: Move to authorize staff to proceed with actions necessary to complete the lot splits and combinations (and easement cancellations and variances as necessary) so as to (after formal City Planning and Zoning Commission and City Council approval) create two new 58.3 feet x 123 feet parcels and one 58.4 feet x 123 feet parcel from the splits and combinations of Lots 9, 10, 11, 12, & 13, Block 89, Columbia Heights Annex to Minneapolis (currently 564, 570, 572, and 578-38th Avenue N.E). OPTIONAL MOTION #1: Move to approve proceeding with the action necessary to complete lot splits and combinations (and easement cancellations and variances as necessary to create two 52.5 feet by 123 feet parcels and one 70 feet by 123 feet parcel from the splits and combinations of Lots 9, 10, 11, 12, and 13, Block 89, Columbia Heights Annex to Minneapolis. OPTIONAL MOTION #2: Move to approve retaining the current parcel configuration on the subject parcels at 564, 570, 572, and 578-38th Avenue N.E. Request to Vacate Alley RECOMMENDED MOTION: Move to direct the City Manager to prepare ordinance calling for the vacation of the North-South alley located between 37th and 38th Avenues and east of 3rd St. N.E. subject to granting the 14 feet of the vacated alley to the adjacent lots along the west alley line. Block Party Request - 4118 Monroe, Sandra C. Bauer RECOMMENDED MOTION: Move to approve request of Sandra C. Bauer to barricade 4100 block of Monroe Street from 4:00 p.m. to 9:00 p.m. on June 26, 1994, for the purpose of conducting a block party. COUNCIL AGENDA Page 5 Council Meeting of June 13, 1994 eo go Association of Metropolitan Municipalities (AMM) Legislative Report The Association of Metropolitan Municipalities attachments are an informational item. League of Minnesota Cities (LMC) Legislative Report The League of Minnesota Cities attachments are an informational item. Other Communications Old Business Establish July 18, 1994, at 7:00 P.M. as a Special City Council meeting for Sheffield Financing Development Implementation Hearing. RECOMMENDED MOTION: Move to establish July 18, 1994, at 7:00 P.M. as a Special City Council meeting for Sheffield Financing Development Implementation Hearing. b. Other Old Business 9. New Business bo Award of 1994 Miscellaneous Concrete Repairs Project #9400 RECOMMENDED MOTION: Move to award the 1994 Miscellaneous Concrete Repairs and Installations, Municipal Project #9400, to Standard Sidewalk, Inc. of Lindstrom, Minnesota, based upon their low, qualified, responsible bid in the amount of $46,912.00, with funds to be appropriated from Fund 401- 59400-4000; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Approval of Plans for 52nd Avenue Floodway Improvement and Clover Pond Diversion - Project #9112 RECOMMENDED MOTION: Move to approve the plans and specifications for the South Marian Hills Storm Sewer and Clover Pond Diversion as prepared by Maier Stewart and Associates, Inc., dated June 1994; and furthermore, to authorize staff to seek bids for this project. Request for Police Intervention in Sheffield Area RECOMMENDED MOTION: Move to amend Department Fund 101-42100 by an increase of $6,039.00 for special overtime police patrol activity in the Sheffield area, funding of which would be transferred from City Council Contingency Fund 101-41110-8100. Request for Summer Bicycle Safety Officer RECOMMENDED MOTION: Move to amend Department Fund 101-42100-1012 by an increase of $2,100 for the hire of a seasonal summer bicycle safety officer, funds of which would be transferred from the City Council Contingency Fund 101-41110-8100. e. Request to Purchase Remaining MDT Units COUNCIL AGENDA Page 6 Council Meeting of June 13, 1994 go jo ko RECOMMENDED MOTION: Move to authorize purchase of two MDT units from Anoka County for the purchase price of $9,979.50, and that the Mayor and City Manager are authorized to issue payment for same with funds allocated from the Police Department Capital Expenditure Fund 431-42100-5180. 4th of July Celebration - Awarding of Fireworks Bid, Street Closing, Use of Hillcrest Property, and 4th of July Budget RECOMMENDED MOTION: Move to contract with Arrowhead Fireworks Co. for the 4th of July display at a cost of $5,000 based on quality and quantity and furthermore, to authorize the Mayor and City Manager to execute a contract for same. RECOMMENDED MOTION: Move for the Mayor and City Manager to enter into Hold Harmless Agreement with Hillcrest Development for the use of the Hillcrest property in exchange for the city maintaining Hillcrest's property during the summer months. RECOMMENDED MOTION: Move to accept all doaations for the 4th of July Celebration and authorize the expenditure of donations towards the total expenditure of $6,000 and to further authorize expenditures not covered by donations to be taken from the Mayor and City Council budget. Acting Police Chief Compensation RECOMMENDED MOTION: Move to authorize adjustment of Leonard Olson's pay rate to $5,018 per month as compensation for Acting Police Chief responsibilities, and said compensation shall remain in force until appointment of permanent Police Chief. Gambling License Request - Columbia Heights Lion's Club RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a Class B charitable gambling license for the Columbia Heights Lions Club for Box Seat Sports Bar & Grill, 4005 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty day notice to the local governing body. Gambling License Request - World Association of the Alcohol Beverage Industries, Inc., Minnesota Chapter RECOMMENDED Motion: Move to direct the City Manager to advise the Minnesota Charitable Gambling Control Board that the City is denying the gambling license request to World Association of the Alcohol Beverage Industries, Inc., Minnesota Chapter, for gambling activities at Box Seat Sports Bar & Grill, 4005 Central Avenue NE, Columbia Heights. Change Orders at Library RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an add-on change order with Haymaker Construction in the amount of $1,030.00 to install a suspended ceiling with two banks of lighting in the new bathroom; wire the new trouble (alarm) light for the sump pumps into a separate circuit than the sumps; construct a removable plywood box around the electrical outlets, and piping at the sumps. Other New Business 10. Reports COUNCIL AGENDA Page 7 Council Meeting of June 13, 1994 10. Reports ao Report of the City Manager Report of the City Attorney 11, Licenses ***RECOMMENDED MOTION: Move to approve the 1994 license applications as listed upon payment of proper fees, and to approve the rental property license applications as listed for 1/1/94 to 4/30/95 on the attached memorandum from Lowell DeMars of June 8, 1994. 12. Payment of Bills ***RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn. Pat Hentges, City Manager cb 94/60 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCILMEETING MAY 23, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Nawrocki, Ruettimann, Peters.n, Sturdevant- present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes of Previous Meetinos The Council approved the minutes of the Special Council Meeting of May 5, 1994 and the Regular Council Meeting of May 9, 1994 as presented. ~tablish Public Hearina The Council established a public hearing for July 11, 1994 for amending the tax increment district to include the Sheffield Neighborhood and establish financing for the Sheffield Redevelopment Plan. Authorization to Seek Bids The Council authorized staff to seek bids for removal of duplex buildings in the Sheffield Redevelopment Area which is the 4600 block between Pierce and Fillmore Streets. Authorization to Seek Bids to Replace Loader The Council authorized staff to seek bids to replace the 1961 Cat 944 front end loader using equipment ~4, ~11 and ~12 as trade-ins. Authorization to Dispose of Cit? Pr. Deft? The Council authorized the City Manager to dispose of the surplus equipment shown.n the list dated Nay 11, 1994 at the Hennepin County Equipment Auction scheduled for June 16, 1994. License ADnlications The Council approved the 1994 license applications as listed upon payment of proper fees and approved the rental property applications as listed for January 1, 1994 to March 31, 1995 as noted on the memorandum from the Fire Captain dated May 11, 1994. 'REGULAR COUNCIL ~EETING MAY .23, 1994 PAGE 2 Pa_vment of Bills The CounciI approved the payment of the bills as listed out' of proper funds ~ 4 APPROVAL OF CONSENTAG~NDA Motion by Nawrocki, second byJolly toapprove the Consent Agenda as presented, Roll call: All ayes DPEN MIKE A resident on 42nd Avenue advised the Council of some ordinance violations in his.area. He stated what problems were being experienced and notedthe addresses involved- Motion by Ruettimann, second by Nawrocki to refer, these matters to the City Manager for follow up. Roll call; All'ayes A resident on 46th and Tyler Street advised of an incident involving his daughter. He felt the police were non- responsive ~ayor Sturdevant responded he will checkintothis situation, The Chairperson of SHINE inquired what strategies are being -considered for filling the vacancy in the position of Police Chief~ Mayor Sturdevant advised he intends to write a letter to members of the Police and Fire Civil service Commission regarding its direction, He wants the Commission to consider hiring from within the Department as ~ell as outside of it It is the Mayor's desire to see the community policing program continue and to expand and to hire a Chief who is skilled in this kind of.policing, Counctlmember Nawrocki felt the City had apoor experience by going outside the Department to hire.the Chief the last time. He. felt the systemfailed, Councilmember Ruettimann recalled this was the same process used when Chief Stu Anderson was hired. He felt it did not .fail then councilmember Jolly stated'his confidence in the Civil Service 'cOmmission and in the process used .before. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 3 Another resident felt t he grant funding received allows for a good opportunity to hire officers who would bring diversity to the Department. She also noted this could afford an opportunity to hire a qualified ~nority or female. She referred to a list of 'protected class' persons available to the Civil Service Commission. Councilmember Jo11¥ felt thzs woula nappon z~ open ~omm=----~,, is allowed. Councilmember RuettimannnotedthatMPRSwas used previously to test for patrolmen. Discussion continued regarding any people from within the Department who previously tested and qualified for the position of Chief. Councilmember Ruettimann verified with the Mayor that the process for replacing the Police Chief will start after June 10th when the current Chief is leaving. This process will include persons inside the Department as well as outside. PUBLIC HF~INGS/ORDINANCES & RESOLUTIONS a. Public Hearing - 44th Avenue Sidewalk The Public Works Director reviewed the history of this sidewalk request and its a~sociated surveys and petitions. He advised that variances w111 be needed as portions of the roadway do not ~eet state standards. If these var%ances .ar~ not granted, state funds will not be available forint pro3ec and individual properties would be assessed. Discussion continued regarding what problems would be solved with the installation of the sidewalk and what problems would be created. There was agreement among the residents that speed and increased traffic are the current problems which need to be addressed. project fort he lns=alia=zon o~ - of 44th&venuo £rom er Place to. e ervoir_ levara _ the Citv NanagerandPublic Works D~rec~or apply ,.~. ~i ~enee in order to receive funding, and to re-open-ne - ........... unds' ~...~,, ~f the uro4ect is to proceed without M.S.A.S. f , raffic co& tssion to study s?me .the problems associated with this area, such as speed, parxzng, midblock pedestrian crosswalk, signage, etc. Roll call: All ayes REGULAR COUNCIL MEETING 'MAY 23, 1994 PAGE ~ 'b. Continuation of Public Improvement He,ring: Erosion Control on East Bank of LaBelle Park The City Attorney %ms requested to draft, a "hold harmless" agreement for property owners affected With the erosion control project proposed by the City. This document is a "Slope Easement." The Public Works Director will meet with individual property owners regarding their position on signing this document and return his findings to the City Council This easement requires 100% participation -Counotlmember Nawrocki inquired what would happen to the project if not ali owners sign The City Managerresponded it would then be a judgement call by the'City Council- Motion by Peterson, second by Ruettimann to authorize the Mayor ~and City Manager to execute slope erosion protection easement agreements with the Property owners along the east bank ofLaBelle Park and thatthe public hearing be'continued until June 6, 1994 at 8:00 p.m. Roll call: All ayes C. Public Hearing RegardingHomestead Classific~tion Of 393~ Central Avenue CACCAP Theatre Heights Project) Additional information was received'from ACCAP regardng the use of funding obtained from a homestead t~Xdesignation for the project Councilmember Nawrocki felt this new information should be · discussed at u Council work session before any action is taken. MotiOn byNawrocki, Second byRuettimannto refer t his matter to the May 31st Council.work session to allow enough time for the City Manager to get some information to the local .newspapers ~anager. Roll call- All ayes Councilmember Ruettimann expressed his concern with the continued active participation of ACCAP in future years. Donation Re_~uest for~LandfillAbatementLobb_vina The Fridley Chamber of Co~erce is requesting a $500 donation to the county-wide lobbying effort~hich successfully resulted in the passage of landfill clean-up legislation. Payments for the lobbying firm are being administered by the Fridley Chamber but many other chambers and municipalities have contributed and participated REGULAR COUNCIL MEETING NAY 23, 1994 PAGE 5 Notion by Jolly, second by Peterson to authorize a $500 donation to the Fridley Chamber for the Landfill Abatement Lobbying with funding to come from Council Contingency Fund ~101-41110-8100. Roll call: All ayes d. Second Readina -Ordinance No. 1289. Amendment to Conduct on Licensed Pr-m4ses as it Relates to Compliance Timeframes NotionbyPeterson, second byRuettimannto waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1289 BEING AN ORDINANCE AMENDING CONDUCT ON LICENSED PREMISES The City of Columbia Heights does ordain: Section 5A.409 and Section 5A.410 of the City Code of 1977, as amended , passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to wit: Section 9: License Fees 5A.409(1) License fees, inspections fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410(1) It shall be the responsibility of the licensee to take appropriate action following conduct bypersons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: [a) MNStatute 609.75through 609.76, which prohibit gambling~ (b) MN Statute 609.321 through 609.324 which prohibit prostitution and acts relatingthereto~ (c) MN Statute 152.01 through 152.025, and Statute 152.027, subdivisions I and 2, which prohibit the unlawful sale or possession of controlled substances~ (d) MN Statute 340A.401, which prohibitstheunlawful sale of alcoholic beverages. (e) NN Statute 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting e disorderly house or inviting or attenpting to invite others to visit or remain in a disorderly house~ (f) Section 10.312 of this code, which prohibits noisy assemblies~ REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 6 ~g) MNStatutes 97B.021, 97B.609.66through609.67.and 624.712 through 624.716, .and Section 10~307 of this code, which Prohibitstheunlawfulpossession, transPortation, sale or use of.a weapon; or (h) MN Statute 609.72, whiCh~prohibits disorderly, conduCt (i) F~ Statute 609~221 through 609.224, which prohibits assaults, including domestic assaultas defined in.~ Statute 518B.O1, (j) Violation of laws relating to contributing to need for protection or Services or delinquency of a minor as defined in MN Statute 260.315. (k) Section 8.201 et al. of this ordinance which relates to animal noises and public nuisances. 5A.410(2) The Police Chief (Department) shall beresponsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in Section (1), the Police Chief (Department).shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further Violations_ 5A, 410(4) If another .instance of disorderly use of the licensed premises occurs within twelve (12~ month~ of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall.notify the licensee by mail of the violation and shall also requirethe licensee to submit'a written report of the actions taken, and proposed to betaken, by the licensee to prevent further disorderly use of the premises. This written report shallbesubmitted to the Police Chief (Department) within five (5) days of receipt of the notice-of disorderly use of the premises within the preceding twelve f12% months. If the licensee fails to comply with the requirement of this Subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed An action to-deny, revoke, suspend, or not renew a license under this section shall be initiated by.the City Council at the request of the Police Chief (Department) in the manner described in Section 5A.408(1) through 5A.408(4). 5A.410(5) If another instance of disorderly ~se of the licensed premises occurs within twelve f12% months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental REGULAR COUNCILMEETING NAY 23, 1994 PAGE 7 dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a licenseunderthis section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) through 5A.408(4). 5A.410(6) No a~erse license action shall beiml~.sed where th~ instance of d~sorderly use of licensed premises occurrea during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by the ~enant or_by other occupants or quests of the tenant's _.unit. Eviction proceedings shall not be a bar to adverse l~ns~ .ac=~on, however, unless they are diligently pursued by-ne ~censee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may bepostponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5A410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not benecessarythat criminal charges be brought to support a determination of disorderly use, not shall the fact of dismissal or acquittal of criminal charges operate as ab ar to adverse license actionunderthis section. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Nay 9, 1994 May 23, 1994 May 23, 1994 Offered by: Seconded by: Roll call: Petorson Ruettimann All ayes Hayor Joseph Sturdevant Jo-Anne Student, Council Secretary e. Second Reading - Ordinance No. 1288 Pertainina to the RePeal of Pool Halls as a Permitted Principal Use Within the #CBD" Business District .REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 8 H°ti°nbyRUettimann, second byPeterson t°waivethe reading of theordinance~there.being ample.copies available for~the public, Roll call: All ayes ORDINANCE NO. '_ 1288 BEING.AN ORDINANCE aMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TOTHEREPEALOF~POOLHAT3.~AS.APERMiTTED PRINCIPAL USE'WITHINTHE "CBD"BUSINESS.DISTRICT The City of Columbia Heights doesordain: Chapter 9, Article~I, Section 12 (9.112), of Ordinance No. 853, City.Code of 1977, which currently reads as 'follows, to wit: 9.112(1) Permitted Principal Use~ Businesses providing the following sales and/or services: (b) (.d) (e) (f) (g) (h) (J) (k) (1) (n) (o) (P) (r) (t) (u) (v) (x) (Y) Antiques Appliances Art and school supplies Bakery goods Banks Barber Shops Beauty parlors Books and office supplies Bowling alleys Broadcasting studio Business school Bus and transportation center Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not where a drive-in service is prOvided Camera and photographic sales and repairs Carpets and rugs Tennis, racquetba11~ handball, table tennis and boxing clubs along with clubs defined by Minnesota Statute 340.07, subd. 15 Coins anU stamps Costume and formal ~earrental DelicateSsen Department stores Drugs Dry cleaning and laundry pick-up locations including incidental pressing and repair Dry cleaning and laundry self-service ,facility Employment agency REGULAR COUNCIL NEETING MAY 23, 1994 PAGE 9 (aa) Florist shop (bb) Floor covering (cc) Frozen foods, not including a locker plant (dd) Furniture, including upholstery, when conducted as a secondary use (ee) Fur products and the processsing of furs when (ff) directly related to retail sales from the site (gg) Gifts and novelties (hh) Glass, china and pottery (ii) Grocery, fruits and vegetables (jJ) Hardware (kk) Hobby crafts ~ncluding handicraft classes (11) Hotel (mm) Interior decorating studio (nn) Jewelry, time pieces and repairs (oo) Leather goods and luggage (pp) Library, both private and public (qq) Liquor store (off-sale) (rr) Meat market, but not including processing for a locker plant (ss) Musical instruments and repairs (tt) Newsstands (uu) Offices-business and professional (w) Offices-goverrmental (ww) Paint, wallpaper and related materials (xx) Pet shop, provided the operation shall not ~nclude the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise [yy) Photographic studio (zz) Pipe and tobacco shop (aaa)Post office or telegraph sub-station (bbb)Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area (ccc)Pool halls (ddd)Records, television, radio, hi-fi and recording equipment (eee)Savings and loan offices (fff)Sewing machine, related equipment and sewing classes (ggg)Shoes and shoe repair (hhh)Sporting goods (iii)Stationary supplies (JJj)Tailor shop (kkk)Theater, not a drive-in variety (111)Television studio (nm) Toys (nnn) Transportation center (ooo) Travel bureau (ppp) Variety store REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 10 -shall hereafter be amended to read as:follows, to wit: 9.112,(1) Permittea~rincipal~Uses Businesses prOviding the follO~ing sales and/or services: (f) (g) (h) (J) (1) (m) (a) Antiques (b) APpliance sales and service (c) Art and school supplies (d) Bakery goods (e) ~Banks Barber shops Beauty'parlors Books and office supplies Bowling alleys Broadcasting studio Business school (x) (y) Bus and transportation center Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks but not where a drive-in service is provided (n) Camera and photo~raphic sales and repair (o) Carpets and rugs (p) Tennis, 'racquetball, handball, table tennis and boxing clubs along with clubs defined by Minnesota Statute 340.07, subd. 15 Coins and stamps (r) Costume and formal wear rental (s) Delicatessen (t) Department stores (u) Drug (v) Dry cleaning 'and laundry pick-up locations 'inclUding incidental pressing and repair Dry cleaning and laundry self-service laundry Employment agency Florist shop Floor covering (aa) Frozen foo~s, not including a locker Plant (bb) Furniture, including upholstery, when Conducted as a secondary use- (cc) Fur products and 'the. processing of furs when directly related to retail sales from the site (dd) Gifts or novelties (ee) Glass, china and pottery (ff) Grocery, fruit and vegetables (gg) Hardware (hh) Hobby crafts including handicraft classes (ii) Hotel (jJ) Interior decorating studio (kk) Jewelry, time'pieces andrepairs REGULAR COUNCILMEETING MAY 23, 1994 PAGE 11 (11) Leather goods and luggage (Nm) Library, both public and private (nn) Liquor store (off-sale) (oo) Meat markte, but not including processing for a locker plant (pp) Musical instruments and repairs (gq) Newsstands (rr) Offices-business and professional (ss) Offices-governmental (tt) Paint, wallpaper and related materials (uu) Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise (w) Photographic studio (ww) Pipe and tobacco shop (xx) Post office or telegraph sub-station (yy) Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area (zz) Records, television, radio, hi-fi and recording equipment (aaa)Savings and loan offices (bbb)Sewing machine, related equipment and sewing classes (ccc)Shoes and shoe repair (ddd)Sporting goods (eee)Stationary supplies (fff)Tailor shop (ggg)Theater, not a drive-in variety (hhh)Television studio (iii)Toys (iii)Transportation center (kkk)Travel bureau (111)Variety store First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: May 9, 1994 May 23, 1994 May 23, 1994 Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. First Readina - Ordinance No. 1284. Amendina Charter REGULAR COUNCILMEETING MAY 23w 1994 PAGE 12 MotionbYRuettimann, second byPeterson to waive the reading of the ordinance there being ample copiesavailable~for the public. Roll call= All ayes ORDINANCE NO. 1~84 BEING AN ORDINANCE 'AMENDING CHAPTER ?, SECTION ?2 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE BONDED DEBT AND DEBT LIMIT The City of'Columbia Heights does ordain: Section 1: Chapter 7, Section 72, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72. BONDED DEBT ANDDEBT LIMIT Bonds may b e issued by four-fifths vote of the council without previous approval of the voters of said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all .improvements of a lasting Character; for the purchase or construction of public waterWorks or for the enlargement of the same and for the protection and distribution of the water supply; 'for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherWise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other Public convenience from which a revenue is or may b e derived; forthe creation or maintenance of u permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of .sewers, subways, streets, Sidewalks~ pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging stre~ and other waterWays within the corporate limits and constructing and repairing roads and bridges within %wo miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the-right of the city to issue ~bonds under the' authority of any law heretofore and this section of.the city's charter shall not be construed to limit the passed 'and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 13 The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted ss part of such bonded indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating or power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith~ or for the construction of sewers, public drainage ditches, or the acqu/sition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property specially benefitted by such ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not bediverted to any other purpose. Before any bonds are sold, at least one week's published notice shall beqiven of a meeting of the city council to open and consider bids therefore. The time and place of said meeting shall be fixed and the newspaper in which the notice shall be published shall be designated by a resolution duly passed, which may provide for additional notice. At the time and place so fixed, the bids shall be opened and the offer complying with the terms of such sale and deemed most favorable shall be sccepted~ PROVIDED, that the council may reject any and all such offers and award said bonds to a more favorable bidder or upon like notice it may invite other bids. Bids may be asked on thebesis of a rate of interest specified in the proposals and on the net interest basis on which the bidder will pay per for the same. is herewith a~ended to read, Section 72. BONDED DEBT ANDDEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of thepeople, for the purchase Of real estate~ for new construction~ for new equipment~ for all improvements of a lasting character~ for the purchase or construction of public 'I~EGULARCOUNCILMEETING MAY 23~ 1994 PAGE 14 waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting,.heating, or power plants, and for their acquisition and equipment by purchase or other~ise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or maybe derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools~ libraries, museums, art galleries and cemetartes; 'for the construction of sewers, subways, streets, sidewalks, pavements, culverts, parks and parkways and play grounds~ for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads'and bridges within two miles of the corporate limits thereof~ for the purpose of refunding outstanding bonds for the purpose of funding floating inuebtedness; anu for all purposes which may be authorized by the laws of'the State of Minnesota~ the right of the city to issue bonds under the authority of any heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of ~innesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates 'The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein~ including ~onies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness, shall not be included in or counted as part'of such bonded indebtedness, if (1) held in Sinking fund maintained by the city, [2) issued for the acquisition of equipment~ purchase, constrUction~maintenance, extension, enlargements or improvement of street railways,- telegraph or telephone lines, water, lighting, heating and power plants, or either of -them, or any other public convenience,.from which revenue is or may be derived, owned and operated by the city, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to .the extent that they are payable from the proceeds of assessments levied upon property specially benefittedbysuch ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued In no case shall bonds be issued to runfor more than thirty years-'The purpose for which bonds'are-issued shall be set forth in the'ordinance authorizing them anu the proceeds from such bonds, shall not be diverted to any other purpose REGULAR COUNCIL MEETING NAY 23, 1994 PAGE 15 Before any bonds are sold. there shall be a four-fifths vote of the council authorizing the issuance of the bonds ordinance. Followinu its Dassa0e. ~he ordinance shall published at least once by publication in & leas1 news~aDek ~avina ~eneral circulatio~ i~the city. The re0istered voterb of the- city shall have thirty days from the date Dublication to initiate e referendum on the o~dinance ~uthorizin~ the.issuance. Sub~e_ouent to the passage of th= authorizin~ or~nance. ~ts D~blicat~on. and ehe t[hirtv-da~ Derlod. the bond sale-~hs11-occur w~thin sixty days. D~rin~ ~aid s~tv day period, ~be City Mana0~r shall h~v~ th? authority -to ~ablish a special meetino u_Don_ a= ~eas~ seventv-~wo ~72-~Bours advance notice to each member of - ~he City .... Manager councxl. At Chat special ___tin~. .... _ . _ ~borized to receive the actual bidCs~ or sale o~ ~neDonos to be.eaotiated. The actual award or sal of 2_ nds be approved by a resolution Da~sed by a ~our-fxfmna vo=e ~he council. Section 2: Chapter ?, Section 72b, of the Charter oft he City of Columbia Heights which currently reads as follows, to wit: Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall everbe issued to pay current expenses or to refund certificates of indebtedness ~ssued to provide for temporary deficiencies in the revenues to cover current expenses, _~ut .bo~ds.~ay~b~e Issued by a four-fifths vote of the co.u~.cll, S.UD]eC~ referendum powers of the people, for ~ne purchase o~ rea~ estate, for new equipment, and for all ~mprovements of lasting character. The total bonded debt of .~.e city shall. never exceed ten percent of the assessed valuation of &ll the taxable property in the city, but in compu~i~g .the .tota~ bonded debt, emergency debt ce_rti~cates! a~. prior to the adoption of the char=er a~_a e~ner ~e~a .~n sinking fund or ~ssued _for th? pur~Base, maintenance, extension, enl&rgemen=, or lmprovemen~ or he~ting plants or either, o~ &n~ o.the~ publi~ con~en~en~e~r~ which & revenue is or may ~e derlve~, owne~ &n~ opera=cc Dy such city or village, or for the ~mprovement~fs.tr~et~, parka or other public i,prov?me~ts, to th~ e.x'ce~_r, na~_ _r:.n__e_y__ar~ payable front he proceeds o~ assessments ~ev~ea upon prope~¥ especially benefitted t~.e~eby, or ~or t~_e. ~aintenance of a pernanen~ lnprove~.~=~yo~ng not count as part of such total bonaea ueD~. ~n no case bonds be issued to runfor Bore than thirty years. The purpose for which bonds are ~ssued shall beset forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes.. REGULAR.COUNCIL~EETING MAy 23, 1994 PAGE 16 is-hereWith amended to read: Section'72b. BONDED DEBT ANDDEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in .the revenues 'to cover current expenses, but bonds may be issued by u four-fifths vote 'of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character, The total bonded debt of the city. shall never exceed ten percent of the assessed valuation of a11the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchasse, construction, maintenance, extension, enlargement, or improvement or water, heating plants or either, or any other public convenience form which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of Property needed in connectiontherewith, or for the improvement of streets, parks or other public improvements, to the extent 'that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from 'the collections of special assessments levied on property benefitted thereby, or forthe creation or maintenance of a permanent improvement revolving fund shall not count as prt of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authOrizing them and the proceeds from such bonds shall not be diverted to any other purposes. Section 3; This ordinance shall be in full force and effect from and after ninety (90) days after its passage. FirstReading: MAY23,..1994 Motion by Ruettimann, second by peterson to 'schedule the secondreadingof Ordinance No. 1284.for june 13, 1994 at 7:00 p,m at the cttyCouncil Chambers 'Roll call: All ayes g 'ReSolution Establishing Maximum Property Tax G~i~eline for _1995 Budget Councilmember Nawrocki ~offered and .read the resolution as' followS: REGULAR COUNCIL~ETING MAY 23, 1994 PAGE 17 RESOLUTION ESTARLISHINGMAYTMUMPROPERTY TAX GUIDELINE FOR 1995 BUDGET WHEREAS, The City Manager is in the process of preparing a proposed budget for 1995, and WHEREAS, The 1993 Audit Report Management Letter shows an increase in property taxes paid (budget for 1994) by the property'tax payers of Columbia Heights for municipal purposes to have increased by 25.79% from 1991 - 1994 (not counting State credits, fiscal disparities, or the H~A levy), and WHEREAS, The ~eneral Fund of the City was underspent by $513,754.00 in 1993, and WHEREAS, The City Council is concerned with the significant increase in property taxespaidbyitscitizens for municipal purposes, and WHEREAS, It is fiscally responsible for the City ~ouncil to provide the City Manager with budgetary guidelines. NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL, that the City Manager is directed to prepare a budget for 1995 that, except for increases in proposed expenditures for the Sheffield project, will not increase the property taxes to be paidbyproperty owners for municipal services over that which they were required to pay in 1994. Motion dies for lack of a second. Motion by Ruettimann, second by Peterson to table further consideration of this resolution for a Council work session. Roll call: All ayes COMMUNICATIONS Re~u~t to Serve Beer - S~Derr MotionbyNawrocki, second by Jolly to approve the request of Mark and Tammy Sperr of 4221 University Avenue, Columbia Heights, Mn. to serve 3.2beer att heir informal softball game on Saturday, June 11, 1994 from 1:00 p.m. to 5:00 p.m. at Gauvitte Park; such approval in conjunction with the Recreation Director's approval. Roll call: Ail ayes REGULAR .COUNCIL MEETING MAY 23, 1994 PAGE 18 OLD BUSINES~ a ~urchase of Playground_~_auipment for EdgemoOr. Keyes~ and HilltOp Park · Motion by Peterson, second byRuettimannto, authorize the purchase of replacement equipment for Edgemoor, Keyes and Hilltop Parks from Minnesota Playgroun~ of Golden Valley, ~innesota, the.lowest, ~ualified, responsible bidder, iht he amount'Of $21,876.33, with the.funds from Account~412-45200- 5180; and furthermore, to authorize the May°ran~ City Manager to enter into an agreement forthe same.'Ro11 call= A11ayes b. Public Officials~'Liability Insurance Councilmember Nawrocki inquired as to any .additional information received regarding public officials~ liability coverage, The'CityManagerrespondedthis information will be scheduled forpresentation at the June 13th CoUncil Meeting. Purchase of Fire_Truck Councilmember Nawrocki felt there should be more discussion before the bids'go out for the purchase of'anew fire truck. The City Manager advised there'wi11 be a meeting of the~City COuncil with~the Fire Chief, members of u co~ittee..andthe citY,S Shop Foreman regarding this matter.. Suburban RateAuthoritv Councilmember Nawrocki requested COuncil input about the increase of $200 for this year for participation in the Suburban Rate Authority- This.amounted.to a 1525.00 increase per Vote. There ~ere no opinions eXPressed by the Councilmembers e, 'Libra~Progect Councilmember Jolly inquired as.to the progress of theproJect att he Library The City Manager advised that.the contractor,S bonding company has taken overt he project,Some interim work is currently beingdone.. f. ,Water_Study Councilmember Jolly requested information~egardingthe water study~ ~The Public Works DireCtor responded that.the report. should be completed by the second week'inJune, REGULAR COUNCIL MEETING NAY 23, 1994 PAGE 19 NEW BUSINESS a. Authorization to Anprove Proposal for the Sheffield Plannin0Analysis Motion by Nawrocki, second by Jolly to award the contract to McCombs Frank Roos Associates, 'Inc. for a land use and site design study of the 4600 block between Pierce and Fillmore Street in the Sheffield area, at a cost not to exceed $4,000~ with the funding to come from Fund No. 410, and to authorize the Mayor and City Manager to enter into a contract for the s~l~e o Roll call: Jolly, Nawrocki, Sturdevant - aye Ruettimann - abstain Peterson - nay b. Authorization to Replace Vehicle ~199 Motion by Ruettimann, second by Jolly to authorize staff to purchase a new 1994 3/4 ton, 4 x 4 pickup to replace Vehicle ~199 from the State Contract at a cost of $14,777 plus tax and $2,486 for options to do plowing for a total package price of $17,263 with the funding from the Capital E~uipment Replacement Fund~ and furthermore, to authorize the Mayor and City Manager to enter into a~ontract fort he same. Roll call: All ayes This ~ehicle will be replacing a similar .one which _was demolished in an accident. The Public Works Director advised that the other driver admitted fault. Any insurance settlement received will be used to reimburse the Capital Equipment Replacememt Fund. Councilmember Nawrocki observed that the savingsc~uoted in the supporting documentation is inaccurate. He requested that one of the suppliers be contacted regarding this. He also stated his concern with getting the insurance compensation and ~uestioned whether or not the damaged vehicle could be repaired. c. ~_~hlish #ork Sessions Motion by Peterson, second by Ruettimann to establish work sessions for T~.esday, May 31st at ?=00 p.m., Monday, June Sth at 8=00 p.m. and Monday, June 20that 8=00 p.m. Roll call= All ayes REGULAR COUNCIL MEETING MAY 23, 1994 PAGE 20 d. Clean Water ACt Councilmember Jolly contacte~ithe Health Department regarding the Clean Water Act He was told that testing fees will remain the same and will continueto be charged COunCilmember Jolly mentiOned that long time Columbia Heights resident, JohnHemak, Will be eighty years old. 10¸. REPORTS Report of the City Man~ger The'City Manager's report was submitted in.~ritten form and the followingitems were discussed: SACCC Values Program: Councilmember Nawrocki inquired if anyone from'the staff attended this organization's May 3rd meeting- The City Manager responded that no one did but he intends to attend the May 24thmeeting~ Trailer Liability: Staff reporte~the City wouldbethe source of liability for any claims associated witha trailer or float owned by an outside organization when a city vehicle 'is the towing vehicle. This information was in response to a question regarding the Jamboree Queen's float. Councilmember Nawrocki disagrees withthis finding and stated that the City was doing the Queen Co~ittee a favor by a110wing one of its vehicles to beused. He wants to stay away from any liability as the City has no control over theuse of the trailer orfloat, Hefeelsthe staff shoulflbethinking of ways' to protect the-City rather than subjecting the City to risks. Councilmember Ruettimannnotedthatthe float has the CitY's name on it. City Open HoRse;. Councilmember Nawrocki requested the total costs.associated ~iththe City's Open House. b ~Re_mortof the:City Atto~ey -The CityAttorneY had nothing toreportat'this time. REGULAR COUNCILMEETING MAY 23, 1994 PAGE 21 ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 11:10 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of ~ ~ AGENDA SECTION= ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY _WANAGER NO: 6 ASSESSING APPROVAL ITEM: RESOLUTION ORDERING AND LEVYING BY: JANE GLEASON BY: (~ .~'~ AN I~PROVE~NT ~ ~ DATE: JUNE 6.1994 NO ~ · ' ALLEY MIDBLOCK LIGHT 677-24 Attached is backup information and resolution orderinE and levyinE an haprovement for alley midblock light between Madison and Monroe Streets from the 42nd to 43rd Avenues. The proposal is to have the City install one light on an existing pole between .4227 and 4233 Madison Street, in the alleyway, as shown on the attached sketch. RECOHHENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOHHENDED MOTION: Move to adopt Resolution 94- , being a Resolution Ordering and Levying one midblock ltsht located in the alley between Tyler and Polk Streets, 37th to 39th Avenues on an existing pole between 4227and 4233 Madison Street, known as PIR 677-Area 24 - Project 9411. 677coun.let COUNCIL ACTION: RE s o L U T I O N NO. 94 - Adopting assessment roll for the following local improvement and determining said improvement viii be made and ratifying and confirming all other proceedings, heretofore had~ Special Assessment for mtdblock alley lighting numbered 677-Area 24 - Project 19411. ~I~REAS, the City Council of the City of Columbia Heights, Htnnesota, met at 7:00 p.m. on the 13th day of June, 1994, in the City Council Chambers, 590 - 40th Avenue Columbia Heights Htnnesota, being the time and place set when and where ail persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by lay, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, ~HEREAS, this Council has heretofore estimated the cost of such local Improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS HEREBY RESOLVES= Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as 'Assessment Roll for Local Improvements' numbered 677- Area 24 - Project 9411 for midblock alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited .by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 1995, and in annual installments thereafter, as long as the midblock light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10Z penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 67?-Area 24 for midblock alley lighting. Section 5. This resolution shall take effect immediately upon its passage. Passed this lSth day of June, 1994. Offered by= Seconded by~ Roll Call= Secretary to the Council Joseph Sturdevant, Hayor I CITY OF COLUMBIA HEIGHTS NOTICE FOR PUBLIC HEARING Notice is hereby given that the City Council has determined that the following Public Hearing be held on Monday, June 13, 1994, at 7:00 P.M., in the City Council Chambers/Couxt Room, 590 40th Avenue N.E. to consider the following: P.I.R. g677-24 PROJECT g9411 The installation of one (1) high pressure sodium street light in the alley between Madison St. N.E. and Monroe St. N~E. from 42nd Avenue N.E. to 43rd Avenue N.E. on the existing pole between 4227 and 4233 Madison St. Notice is hereby given that all persons having an interest therein will be given an opportunity to be heard, and such information pertaining to the said installation may also be considered at that time. Notice is hereby given that this Public Hearing will also include the adoption of the assessment roll ~J77-24 for thc area of mid-block alley lighting. Thc proposed assessment is presently on ftc for public inspection at the City Manager's Office. Notices are being mailed to all affected property owners. The cost as billed by Northern States Power Company will be billed each year. Written or oral objections will be considered at the meeting. An owner may appeal an assessment to District Court pursuant to Section 429.081 by serving notice of appeal on the Mayor or Clerk of Columbia Heights within 30 days after the adoption of the assessment and filing such notice with the District Court within 10 days after service upon the Mayor or Clerk. This assessment may be paid in full without interest on or before the 15th day of September of each year. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. The City of Colnmbia Heights does not discriminate on thc basis of disability in thc admissions or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, program% and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TI)D/782-2806 for deaf only) CITY OF COLUMBIA HEIGHTS PATRICK HEN'I~ES CITY MANAGER Published in Focus on 5/24/94 and 5/31/94 P.I.R. 677-24 COLUMBIA HEIGHTS PROJECT 9411 PROPOSED ALLEY LIGHTING MADISON STREET N.E. TO MONROE STREET N.E. 42ND AVENUE N.E. TO 43RD AVENUE N.E. CITY POLICY GENERAL LIGHTING PROGRAM Provide street lighting at each intersection, dead end or cul-de-sac, and at least every 400 feet on unintersected street segments. LIGHTING IN ADDITION TO GENERAL LIGHTING PROGRAM Permit property owners requesting additional lighting to set up a mid-block or alley lighting program. This consists of adding street or alley lights, generally to existing poles, and charging the cost as a property benefit. PROPOSAL INSTALL ONE (1) 100 WATT HIGH PRESSURE SODIUM STREET LIGHT IN THE ALLEY ON THE EXISTING POLE BETWEEN 4227 AND 4233 MADISON STREET N.E. Current N.S.P. cost for one (1) 100 watt street light * $126.00 · Costs are subject to increses due to electric rate adjustments by Northern States Power Co. as approved by the Minnesota Utility Services Commission. YEARLY COST PER ASSESSABLE FOOT $1 26.00 600 Assessable Feet = $0.21 Per Foot P.I.R. 677-24 COLUMBIA HEIGHTS PROJECT 9411 PROPOSED ALLEY LIGHTING 'i MADISONSTREET N.E. TO MONROE STREET N.E. 42ND AVENUE N.E. TO 43RD AVENUE N.E. (ON EXISTING POLE BETWEEN 4227 AND 4233 MADISON STREET N.E,) ESTIMATED ANNUAL PARCEL COST ADDRESS 4217 MADISON ST 4221 MADISON ST 4225 MADISON ST 4227 MADISON ST 4233 MADISON ST 4237 MADISON ST 4243 MADISON ST 4247 MADISON ST 4218 MONROE.ST 4PP~ MONROE ST: 4230 MONROE ST 4232 MONROE ST 4236 MONROE ST 4240 MONROE ST 4244 MONROE ST TOTAL ESTIMATED BENEFITTED ESTIMATED PARCEL FEET COST/FOOT CHARGE 30 * 40 * 40 * 40 * 40 * 40 * 40 * 30 * 3O 4O * 80 * 40 * 40 * 40 3O $0.21 $6.30 $0.21 $8.40 $0.21 $8.40 $0.21 $8.40 $0.21 $8.40 $0.21 $8.40 $0.21 $8.40 $0.21 $6.30 $0.21 $8.30 $0.21 $8.40 $0.21 $16.80 $0.21 $8.4O $0.,21 $8.40 $0.21 $8.40 $0.21 ~S.30 600 $126.00 * PROPERTY OWNER SIGNED PETITION IN FAVOR OF ALLEY LIGHT' CITY COUNCIL LETTER Heeting of: June 13 1994 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTNENT: CITY MANAGER* S NO: 6 CITY MANAGER' S APPROVAL ITEH, ACCAP LEASEHOLD COOP. TAX STATUS BY: P. HENTGES BY: ' NO: 6. B DATE: 6- 9- 94DATE: :ounc~lmember Jolly arranged a meeting bet~een ACCAP o~c~al8 tc consideration of the Leasehold Cooperative Designation of 3932 Central Avenue (Theatre Heights Apartments). As the Council recalls, no effective act£on was taken on this item at the last meeting as a number of motions were not sustained as a result of a 2-2 deadlock vote. At the meeting, ACCAP presented a further clarification on the use of funding obtained from a homestead tax designation for the project. ACCAP emphasizes that many of the ~unprovements to be undertaken are items that will be in need of eventual replacement under the City's' Housing Maintenance Code. Further, ACCAP explained the financing structure for the building. Up to this point, the actual sources of funding for the project were not entirely clear to City officials. The basic issue under consideration by the City Council is a finding of fact that the proposed project is consistent with all of the following findings within state laws 1) That the granting of the homestead treatment of the 22-unit apartment building will facilitate safe, clean, affordable housing for the cooperative members that would otherwise not be available absent the homestead designation for this property; 2) That ACCAP has presented information satisfactory to the Columbia Heights City Council showing that the savings garnered from the homestead designation of the units will be used to reduce the tenant's rents or provide a level of furnishings or maintenance not possible absent the designation; and 3) That the requirements of paragraphs (b), (d), and (i) of Ni-nesota Statutes Section 273.124, Subd. 6 have been met by ACCAP (see attached copy of State Law); and 4) That the Hayor and City Manager are directed to enter into a development contract (as attached Exhibit A) regarding the operation of the leasehold cooperative located at 3932 Central Avenue. If the Council is uncomfortable with the information or does not understand the impact of the project, an alternative is to refer, this matter to work session or essentially take no action on the item until the information is properly presented by ACCAP. Of course, there is some obligation on the part of the City to advise ACCAP as to what information needs to be clarified. RECOHMENDED NOTIONs Hove to waive the reading of the resolution, there being ample copies available to the public. ALTERNATIVE NOTIONs Hove approval of Resolution 94- , Resolution of the City Council of the City of Columbia Heights Granting Homestead Classification to the Property Located at 3932 Central Avenue and Authorization to Enter into Development Contract Regarding the Same. ALTERNATIVE NOTION: Hove to deny homestead classification to the property located at 3932 Central Avenue, as information is inadequate. ALTERNATIVE NOTIONs Take no action on the resolution; however, specify to ACCAP what information needs to be further clarified. COUNCIL ACTIONs ^.o.^ ,.c. 1201 8~th Avenue NE · Suite 345 · Blaine, MN 55434 Phone 783-4747 FAX 783-4700 · TI'Y 78~-4721~.~ June 10, 1994 Patrick Hentges City of Columbia Heights 590 40th Ave Columbia Heights, Mn 55421-3978 re: 3932 Central Ave (Theater Heights) Dear Mr. Hentges, Enclosed is the following information: 1. Structural engineer reports- first and second opinion. 2. General Contractor- Watson Forsberg contract. 3. City of Columbia Heights letter of support. 4. We have six (6) new residents. 5. A list of improvements planned with the additional funding. 6. The above list is in priority. 7. The current plan is to provide external exhaust fans for all third floor units and lower level units on the ends where the fans external exhaust will be $ feet away from operable windows- 12 units. Repairs will be made to the new roof, brick, and stucco on the exterior. Internal units will receive charcoal filtered recirculating stove hood fans inserted in a cabinet above the stove. All units will receive new smoke detectors 8. Roof specifications. Sincerely, .,~ j /~~g Development Specialist AN EQUAL OPPORTUNITY EMPLOYER Richard E. Eckroad, Inc. ConsUi, ng $~ruc~urai Engineers 10130 36th Place North * Pi.~..,outh. Minnesoua 55441 ~612,544-8599 January 11,1993 Comm. ~o.. 215-92 'Mr.'Jeff A. Jonhson 'Housing Developement 'Specialist Anoka County~ Community Action Program Inc. · 1201Bgth Ave. N.E. Suite345 Blaine, MN 55434 Re: Apartment building at 3932 Central.Ave. E,E., Columbia'Heights, Minnesota Dear Sir, On January 5, 1993 I visited,the above referenced building at your request. The purpose of the visit was to do a "walk-throUgh'' examination of the building and comment on apy structural problems. I see. The bUilding, is a typical three story apartment structure and is about:30'years old. I could not see what the main structural components of the building is, but I would guess that there is a concrete block foundation wall up to grade, then wood studs up to the roof. The floors and roof are probably 2x10 or 2x12 wood joists. The exterior is face brick and stucco. Following are,mY.observations and comments: 1.:All .floors.and roof slope down. toward the west and northrthroughoUt~the building. 2. I examined one front and one.rear apartment on all three floors, the laundryroom and the' boileroom. All'rooms showed extensive cracks in the Sheetrock walls and ceilings including two locgtions in thecente'r hallways on every floor and cracks in the boileroom blockwalls. 3. There was some settlement of the lowest concrete step at the front entrance. This step may or may mot be supported On a footing. The step could Possibly be mudjacked up to level or replaced. ~4. Exterior brick looks good exCePt around the northwest corner:where there are several %" or so Wide'cracks in the brick and gaps around the window frames.'All the' brick work generally slopes downward to the west and north. The brick Cracks can be tuckp0inted and the gaps.can be caulked. January 11, 1993 Apartment building 3932 Central Ave., N.E., Minneapolis, page 2 5. The stucco on the front wall appears to be in excellent shape. On the rear (west) wall there are some miscellaneous cracks which could be repaired or caulked. The area around two ~-indows have been repaired because of a previous fire. 6. The timber retaining wall at the northwest corner of the property is in pretty bad shape and appears to be held in place at several points by trees. This wall will continue to deterio:ate until it completely falls apart. 7. Apparently there is some concern about the stability of the earth slope at the west edge of the rear.parking lot where it slopes steeply dovn to the alley. The slope is heavzly wooded with trees and underbrush and at the time of my visit was covered with several inche~ of snow. ! could not see any evidence of slope sliding or failure but then ! could not tell for sure because of the snow cover. 8. Judging from the lay of the land, it appears that a good portion of building was built on 'fill which was probably poorly compacted. Hy .findings are that the building has suffered considerable foundation settlement and slopes dovn about 5" or so to the low point which appears to be at the northwest corner. I suspect that the settlement was a result of building at least partially on a building pad of poorly compacted soil. The majority of this settlement probably took place within the first few years after the building was built and may or may not be continuing at a slow rate at this time. lhere is a potential for minor settlement in the future. Every room I looked at showed sheetrock cracks varying from minor to extensive which indicates considerable movement in the structure due to the foundation settlement. I would guess that all the apartments have some degree of sheetrock cracking. Also, ! suspect that the block foundation walls contain numerous cracks but I could not confirm this because they were covered up except for the boileroom. In conclusion, my observations indicate that the building has some structural problems which may be very expensive to fix. On the other hand, the building is "probably" not in an unsafe condition at this time and if no repairs are made, it is entirely possible that the building could remain in essentially its present condition for the remaining useful life of the structure. You should be aware that this report is based on a cursory "walk through" examination and is offered as an opinion only and is not to be construed as a guarantee against existing hidden or future structural problems. Sincerly, Richard E. Eckroad P.E. Structural Engineer fi~2~igw?2~ ~ 031,1SULTi%~R'~ IHC T"674 ~ ~ ~0 '94 t~ CONSULTING E~INEERS 14000 ~1~ June 10, 1994 Mr. Jeff Johnson Anoka county Co=munity &=tion Program 1201-89thAvenu~ NE, Suite 345 c~ntral ~venueNE in colum~zanexgn~s,.~u-v~ Dear Mr. ~ohnson: We ver~ retained by you to_ inspect _~h~ property,: T.h.e property was visually inane=tea on April 26, 1994, by ~. Hervy~ Hlndess P.E., .in the company of the building ~uperi~tendenc, Steve. The in~ection ln¢luded the inferior an~ r exterior o~ ~he building, and the exterior yara gra~ing, pursuant to thu findings of ~he first inspection, a second inspection yes performed by Mr- William Bio, mendel, P.E., on June 8, 1994, for the. specific purpose of chec2cing .... -'-'-~- -- the ~aso"~ bearing walls. Thi~ ~as accom~lished by ~ri~Lng sma~.z no~e~ ..~v ~ ....... _, [~-_ _- ,u .... + sz¢]~ of the buildzng, . g s in these ~u~port area, an~ examining ~he.s~ructure. Sketches illu trat g findinge are. aDpended. W1LUAM C. KWAGN%, RE, GREGORY P- REI. JTER, RF- MARK D, MILt. SOP ~H~V~S ~'~UL VEN~, WYATT n. ~T'ZKE. RE. ~NDRA J. FORREb"T. WILLIAM E, BLOEMENDAJ-, RE. MERVYN MIND~, RE b-rEVEN d. RUESINK, RE. 61~ ~ COHSULT~S IHC T-674 P-~ 3UH 12 '94 11:~ Nr. 3elf ~ohnson GM~ Pro~e~c No. 1-224 2 3une 10~ 1994 ....... zq~J--- .4&~ elOPeS dowA toWaL~ ~L~e rear or ~~ at ~i ~-,~ --~- - rr ........ Get agent has ~ ~ for a height of ~ut 3 ~o ~-z/z · The concrete stoop at the north eh=fy to the building Es cracXed, and the northerly step has iettled approxt~ately 2-1/2 inches. There [sa 5/16 /nch hori--on~al crack in the brick ven~r at ~he vest This c~rac~ t~trns aroGnd ~he corner of the west end of the nor~J~ wall. well, and there is a hori.zon.~.al crack in the brick veneer fr. om .t~.e ~orthwest building corner =o ~ne f~rst window frame on ~e west wa~. units do not appe~ ~o nave ~en _ . ,~. settl~en~ e~fec~s ~e on ~e l~es~ level ~zoor. There are some noticeable craoks in the building. About 5 to 6 feet. from the wes~ wall there is a north-south crack in the lowest level floor slab: 'which ~uns almost the full length of the building. The floor section west of this crack (between the cra?~._and the wes_t.~wa_ll[ is the decidedly sloping, down toward the wall, an~. Z.c appears as the west wall of ~/~e building has settled sevare~ Lncnes- ere is a 12 course hiqh (approximately 8.4 feet.) ~a?onry parti, t.ion Th e ~aGn room and -- - : ...... t-wes1: direction between th ary _ . Joints at th ..... .-- ~--h -~-~ the too. This would .1/16 inch ne~r. fl ...... -=*- -- *~ waster1 szde of the building. indicate some ~ownwaru ruua~u,, ~ --e There is - hor~zonta.1, crack i_n..thee_ a.o..u~ en&~acaklo~g 1~4e mortar joint =r~ ...... ~---- -,~ ~--~ wide stepped crack ~/16 inch.wide.. Tn. ere · ck u to the ceiling. along mortar ~o~ncs from the horizontal cra p . ' for~er plumbing lea~ from a toilet upstairs which we.~ .the ceiling of There has bee~ so~e wa=er 1/l=rU~lOn =n~u~ u~ilit¥/naintenanoe room. There are concrete shrinkage cracks in the utility roo~ floor. Our viewing of the e~Tu~cural framing members for the roof, using the fiber optic scope, indicated that the roof ~ois~s still have full bearing on the ~asor~Y walls, de,pits ~h& settlement of the wall~ that has occurred. 612559W72~ ~E'CQ'tSM_Ti:~'iTS Zl'lC 'T-674 P-81~4 JUN t0 '94 J. 1:53 ~r. ~eff Zohnson ~ l~ro~ect~l~o 1-22~ :3 tTune .2.0 ~ L99~ Based on o~r observations of the site, and study o£ old topographic ua s £t aPPear_~ that ~e ~ron~ age, ~e do not anticipate In our opinion, the building ks still, structurally soun.d, despite settlement, and conforms to ~he requ~reme~ts of the Uniform Building Code for wood-fra~ residential, construction. Virtually all of the crackinq noted is~ '~n our opinion, due =o the Gettl~ent which had occurred. Technically, it would be possible to raise 'the rear ~11 of the building which has settled by a process ]cno~n as "~ud Jacking." _This · below ~he footir~s, involves pressure £nJec~.ion of .c~men_t_g~.Out ...... ._ ,.~._ ,,.....~,..~.,,,, ~ ,~,,~ a ~ot ~oaci~. and /n]ecclon cemen~ ~j.~u,.,.,- ,.,.,,[.,._-..,. ~-. _. _ Ho~ever, considering the age ~d relative value of this buxlding, and the cost of ~he ~ud Ja. cki~g, it is our °pinion that ~his should not_ be done, and that the buxlding should merely be .cosmetically repaired to keep i= ~unctional- All exterior cracks should' be routed out and properly tuck pointed to resist water penetration from the outside. Interior cracks should also be 'corrected. 61~ EFE COHSULTI:e4TS Il, lC T--~?4 ~ .TUN 10 ":J4 11:5:3 Gaff 3ohnson Project No. 1-224 4 10, 1994 Zn our opinion this buildinq remains s~ruct-~rall¥ sound, and ~hould f~t~q ~~q ~s not ro~~ at ~s t~. ~ ~sp~o~ co~st~ of v~sual obs~at~ons only, Mde solely ~ assess ~e st~~l ~t~on ~d de~ee OE ~er ~n~on a~ ~e dascr~b~a~~k building. I~ ~s not ~nte~ed to cov~ae~~l, tie, ica1, or ~ita~al f~t~s. contained in this report rep~esen? our.~rofess~ The conclusions - '--arDretation of the site o~eerva~ons. -~u ~ opinions, based on,ur Anu~m ..... SCOeDted arrived at in aocordanoe wlth ~urren~y p opinions were engineering pra~cioee at this tLme and location. Other than this, no warranty is implied or intended. %l~dersta~g O~ ~e scope ~ .r~.v.~- · ~ information or serViCes, please con,ecrus. Sincerely, Princ~pal Geotechnical ~nglneer Wyatt Ao ~utzke, P.E. Senior ProjeCt Engineer Enclosures: Four Diagram~ MM:WAG:el 6J,~c:~1'7'2~. ~ COHSIJ. T~ THC T'-674 I I I I I ! I ! GME CONSULTANTS, lNG. CHECKED BYe-~~' ' DATE Sco}:,C. ../ocr.. ~ C. IEt.,,'."~' o~' .T'-B?4,P-E~B 31JN 10 '94;11:55. GFE CDHSM. TI:~FS Il,lC, 1~12155~ol B~'9 'i I 6~ECQNS~T~SI~ GME CONSULTANTS, INC. i A Y. C Tm · AIA Document AY01 wbere the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMEA~f HAS IMPORTANT LEGAL CO,¥SEQUENCES; CONSULT. ATIoN W/7'H A ~ORNE}' IS ENCOU~GED WITH R~PE~ TO ITS COMP~TION OR MoDIFI~TIOA~ ~e 1987 Edition o/ AIA ~um~t ~0I, G~ ~itio~ of t~ ~ntract ~or ~tmction, i.~ ~opted m tbi~ dOcum~t by rejoice. ~ not ~te uqtb ot~ g~J~al ~nditio~ unl~ Ibis d~m~;I i~ ~odified. This d~m~t ~ ~n approved ~d ~do~ ~' ~e ~tcd G~~ ~n~no~ of ~. AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner.. (,¥t~mt, all# ~dclre.¢.(i ,~0..~ da}' of April NinetY-four AN0}~ 00TL~TY 00~ITY ACTION PROGRAM 1201' 89th Avenue 1~, Sial. ce .3~5 'Blaine MN 55434 · in the year of and the COntractor:. (A'nme.m~d ad#r~,:V WATSON-FORSBERGCO 1433 Utica AvenUe South, SUite252 Minneapolis M~ 55415-1571 The Proj.cct .is: THEATER HEIGHTS APARTMENTS 3932 Central Avenue 5~ Columbia Heights'MN 55421 'The Architect (Name amy n,qdr?~¢y DARkU:N LINDAHL 3836 Hampshire Avenue NOrth Minneapolis MN 55427 The Owner, and Contractor agree as Set forth below. Copyriszh: 1915. 1918, 1925. 193". 1951.1~8. 1961, !%3. l%T. 19:~. 19'% ~198~ b}' The Amcfi~ lnmitutr of Archi. toots, 1735 New York Avenue. N.W.. W~hmgton, D.C. 2~R~. R~roduction of the ~tcr~l h~n or $ubstant~{ quolalion of its provisiDn~ ~'Jthoul written ~mton of thc AIA vJo~l~ thc copwi~t laws of the United Stales and will bc $ubjtm to Jc~! pro~culion. ' &lA 1XX~JMENI' A1DI · O'CNER.CON'TRACTOR AGRF. EM£I,,'F · "t"~,.'EI.rTH rrwrlON · AIAe · ~jl~e' THE AMF. RJ CAN INSTITUTE OF ARCHITI[CTS. !'~5 NEW YOR$; AXW. N'tm-. N W.. ~VAfHI.t,;GTON. D.C. 2OtK~ WARNING: Unlh::ena~,~ phutoeet~ng viol~e~ IJ.S: c:ec:yrJght t~ and i~ ~,ub;~eet t{~ K'~,,I Im~,ec~lon. A101-1987 ARTICLE I · THE CONTRACT DOCUMENTS Thc Contract I'A ~cumem.~ consm of Ihi.~ ARrc~mt'nt. Condlticms of thc Contract (General..~uppicmcnta~' and c)ihcr Condition~). DrawinR,..~[x'cil'lc'ation.~. addcnda issued prior to ~xt'CUlltm of ihl~. ARrtwmcm. other d(~ts Ii~tcd in ti~is Apr~cnl and M{~iGotlon~ t~ued ahcr ~ll~ oflh~ AR~t: t~ fo~ thc O)ntmm. and a~ a~ fully; ~n of thc Con[mci as if 3t~chcd I[) Ihi~ Aprt~m:nl or rc~md hc~m. Thc ConlmcI mpr~nt~ Iht cntlrc and Jnl~mtcd ap~mcnt ~l~cn Ibc par~tcR hcr~lo ARTICLE 2 THE WORK OF THIS CONTRACT Thc C,z)ntrac~or shall cxccm¢ th~ mitre ~;;ork ck=scrih~d in thc Contrao Documents. except to ll~ ~xttml sr~cil~cally indicated in the Contract Documents to b~ th~ responsibility of other.~, or As follows: SECTION 09300 - Cleaning, Tegrouting and Tecaulking existing ceramic tile ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 Thc dam of comrncncemem b thc date from which thc Contram T~nc of Paragraph 5~ is mea.surcd. ~nd .~haJ] b~ thc da;e of this Alzr~ment. 2s l~rs; written above, unless a different date is stated b~low or provision is made for the date to be £~xecl m a not~ce to prod is,sued by the Owns. Upon: l) Issuance of building permit; 2) Receiving a No~ice ~o Proceed; 3) Acceptable Evidence of Financing; and 4) Acceptable by our bondin~ company. Unl~.~ thc dam of commenc~m~m b ~stablmh~d by a notic~ to proc~=d L~Sued by th~ OwneL thc ContraC[or sha~ nofi~' the Owne~ m wmm~ not i~ss than We days b~for~ commencing thc ~ ork to p~"mm thc ~mely ·nd other ~t}' intents. 3.2 The Contractor sh~ ac~m'c Subsbanti~ Complct~n of thc entre Work ~t b~.~ 150 days after No:ice ~o · subietn to adiustmenL~ of thb Conlracl Timt a.~ provided in thc Contrac~ Documents. No liquidated damages AIA DOC~MEN'r A1Ol · O~'KER-COh'rKACTOR AGREEJ~ttr~,'T · T~'EI.F'TH ~D1TION · il.~,~ · ~!98~ TH£ AJVtERICAN L'~STITU'rE OF ARCHrTECT$. ! 7.ai~ N£'~' YORK AYEKU£. I~.'~'.. ~;"ASltlNGTON. D.C. WARNING: UfdicLqtleCI photocopying rtl)lites U.S. ~ht Ilws ~ is ~ to is~. I pm~,c~'~Aion. A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 'l'h_c Owner sh;,U i~_Y thc COntraaor in currm~t funds for thc Commaor's pcrfortmncc of thc Contr~a thc Contrna Sum of One hundred forty-~sht:-thousand ~=our hundred th:i. rty-one and no/100 Dolb. rs ($ ]/~, ~3]. 00 ), subject to additions and deductions as provid=d in thc Con. 4.2 Ttic Contract Sum is based upon thc following =]{cmntcs, ff an)., which ar= dcscflbcd in thc Contract Documents and h=rcby 3cccp[cd by thc Own=t: .Base Bid (per attached Bid Form) Deduct per attached Exhibit 'A' Contractl Amount: ]s0,'000.0 (31,569.00) $1&8,i31.O0 4;3 Approved "add" change orders at 10[ OH&P. APproved:"deduct'' change Orders at net cost. ~l~ DO-,~JM~ &101 * O't~FNEK.COKTRACTOR AGRI~"d4F..~'T * ~ EDISON · A~AI ,, ~)19J17 THE AM EP, J CAN IKETJT'u'T~ OF ARCH ITIi. CT~. 175S NEI[' YORK AVF.~'L'[..N.~. ~C'A5 H L'~ GTON. D.C. 20006 · ,WARNING: U~.%enM4 I~t~ ~ U.S. cm~rf~ ~ end I~ ~ect ~ le~l pmw~,c:~lon. ~101-1987 3 ARTICLE 5 PROGRESS PAYMENTS ~.1 ltat,~'d u~m Appi~calk~n~ for P'=.vmcm ~hmilt~ to Iht Ar~i;~ h? Ih~ ~m~m~ur ~d ~if~;~ for ~l Architt~. thc O~er ~1 ~kc pr(~ ~t~ ~ ~um of thc ~t~ ~um to thc ~t~or ~ cJ~c~'l~r m thc ~)mra~ ~Um~L~. "~" " ..... ; '~ ~;;;:.;~. lf~ A~h~tion for ~t m r~xTd by thc Art'hit~Cl aftt'r thc appli~tit)n ~lc 6xrd a~n'~. ~'~t ~1 ~' ma~ by th~ O~r not ~1~ ~ :v'en:y ~-s after ~hc ArchitccI ~lx'~ Ibc A~isotion for Paymcm. 5.4 l~t'h A]~l~lic:,i()n Ik)r Paym~-m ~h311 ~- ha~d t~)n Iht' ~chcdult' of x-alu~ ~uhmiltcd by thc ContrarK)r in accor~ncc with Iht. ( :~)lllr;it'l ])~ )Ctlll~L'nl~. Thr ~ht'dtdt' of ~'alut'~ ~l:dl ulI~)~:IIL' Iht' t'~lifc Co~IfUL~ ~um amt~p tht' YaflOU~ ~l~Jt)~ of II1L' ~i)rk ;md hv pr~-l~;,t'd m ~uch form :md supp,~r[~'d by s,ch ~m to sub>Lmtimt' it~ a~'cur;iQ' a~ thc Arch~trcI ~' require. Thi~ schedule. t,l]c.~ ol~i~-t'l~-tl I~) h¥ Iht- Att'hilt-Ct. ~ll ~- u~t'O a~ a h3~i~ for rt~-iovin~ Iht' ConlrJClof~ Appli~'mkm~ for ~dymcm. S.S Ap]~bc~tit)~l~ fi)r Payment shall mdiot~ thc ~r~n~Rc of completion of ~ch ~nion of thc ~'ork ~ of thc end of thc t~)vcrcd h)' thc Applica~K)n ~or S,~ Subjcc~ ~o thc p~ovL~ion~ of thr ~nt~o ~ts. thc ~oum of ~ch pr~r~ ~)~t ~] ~ c~putcd z< follows: 5.6.1. T2kr th3t ~nion of thc Core,ct Sum pro~rly nlk)~blc to completed ~brk as dctc~incd by multiplyinR the ~rccn~pc complc~ion of c3ch ~nion of thc ~gbrk ~' thc share of~hc Io~l Contact Sum all--ted ~o t~t ~on of thc ~brk in thc schcdulc of x'alut-~, less rc~ina~t of ~ve ~rccm ( 5 % L ~n~np fi~ del~i~tion of~t ~o thc O~r of c~np~ in thc ~brk. ~ount~ not in the ~u~c m3y includ~-d 3~ provided in Sub~p~ph '.5.= of thc Gcnc~l Con~t)on~ cvcn though iht ~nt~ Sum h3s no[ ~:t ~cn h)' Chanpc Order: 5.~.2 Add that ~)nion of thc Com~o Sum pr(~ly ~k~blc ~o n~t~ ~d cquipm~ delivered ~d suimbh' s~o~d a~ thr ~lc fi)r sub~qucm inco~)ralion in thc complocd co~lru~ion lot.. if approv~ in a~ by thc O~cr. suitabh' stored of~ Iht 5.~.3 ~uhtraa thc a~r~mc of p~viau~ pa~ ~dc b)' th~ O~cr: ~d 5.~.4 ~ubt~ct ~oun~. if ~y. ~o~ ~'h~ch ~c ~itc~ ~< ~'i[~cld or n~ficd a C~tc for Pa)~cnt ~ provided ~ P~- p~ph ~.~ Df thc G~c~ 5.T Tht. pr(~r~ paym~ ~oum d~c~mcd m 3~ot~ncc ~'ith ~ph 5.6 ~ ~ ~nhc~ ~i~cd under ~hc circunl~cc~: 5.7.1 A~d. u~n Sub~l~ ~mpi~ion of thc ~'ork. a s~ ~uff~t to m~ ~c t0t~ ~L~ to Sum. ~ ~uch ~oun~ ~ ~c ~chtt~ s~ ~ for ~pl~c ~ork ~d ~ ~: ~d S.T.2 Add. if fin~ ~m~ of Ibc ~'ork t~ th~ ~t~l~' ~ tht~ ~ b~t of ~e ~or. ~g amoum~ ~y3bic tn ac~ ~th Sub~ph 9.10.3 of Ibc G~c~ Al&. DOCUMENT A1Ol ', O~;'K'EK.CON'TRACTOR AGREEMENT * T~'ELFTH £DITIO.~ · &iRt * {~198': THE AMI:RICA.~ I%.~TITt'T£ OF ARCHIT]ECTS. 1'.4~ F;~II(' YORK At.'£.~L'£..~ ~ .. ~.&SHL~GTO.~. D.C. WARNING: i ~ ~ U.S. a~ght 1~4 e~l ~ aub~ct to le~l: la~Oeec=~ion. A101-1987 .. ARTICLE 6 FINAL PAYMENT Firml p=.vrncnt; COnstituting thc retire unpajd ba~nct of thc Contrac~ Sum. sh=]l b~ nude by iht Ownm- to thc Con[factor whtn (!) thc Contract t=.~ ~ fuU)' pctformcd by thc contramor 'cxctpt for thc Contr~ctor's'tcsPonsibiJity t° COrrect nonconforming ~:ork as provided in Subparagraph 122.2 o1' thc G=ncnd ConditJons and to satL~h..' mhtt requirementS: 11' any. Which ntccsszril? sun'ivc £u-~l pa?mcnt; and (2) a l'm~ Cenific=tc for Pa}mm'ti has ~ ~ued b? thc MchileCt: such £u'mJ p;yment shzIJ bt made by thc O .wncr no[ mo;= than 30 da.~ ahcr thc issttzncc o1' thc Atchi[cct'$ final Ctnificatc for Pa)'mtnt. or as Lump sUm'on approval of Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 '~-here referencc is trade in ~ Agrcemen! to ~ provision of the Gent. raj Conditions or another Contract Documeni. thc rtl- err. ncc mir_rs [o that provbion as amended or supplcm=ntCd by other provisions o: th= Conu.aa Docum=nts. 7.2 ~.~'mcms duc'and unpaid under thc Contraa ,:h~ be:u* interest from thc date p~.vmCnt is duc at thc rotc s~tcd bclow, or in thc ab.~ncc thereof, at th,* ic~.~ ra~c prcv'zilins from time to tLmc at thc pt:cc whcr~ thc Projcc~ b loc~md. One percent (1 ~) per month (12~.per year). ARTICLE 8 TERMINATION OR SUSPENSION 8.1 Thc Contract m~y tx: tctmir~tcd by thc Owner or thc Contractor as provided'in Article ]4 of thc Genre-z1 Conditions. 8.2 Thc Work ma}' tx: suspended by thc Owner as.provided in AnJclc 14 of thc Gcnm';J Conditions. A101,1987 AI:~ICLE 9 ENUMERATIC)N OF CONTRACT DOCUMENTS ~l.1 Thc Contr'ac~ DKx'umcms. cxccp! JOT Modifications 9.1.1 Thc AIOccmcm L~ thru executed Smx:~rd Form of ,'~mcnt Bc~wccn C)~nc~ ~nd Contr~aor, AIA Documcm AiOI. 198'~ £dit~n. ~J.1.2 Thc Gcncra) Condition.~ arc ~hc General Condition.,i of d~c Contracn for Cormmoion, AIA Docurmm~ A201. 1987 Edition. ~. ~..~ 5'he Supplcmcm~r)' and othcr Condakm.~ of thc Contra~ ~,TC th(~c con~nccJ in thc I~ct Manurd elated January ]0, ~994 , Document Title 9.1.4 Thc Specifications arc those contamcd in thc Proicc~ )qanu~d ctatccl a.~ in Subl:~'~graph 9.1 ..R, ~nd ~ ~ folJows: Scion Ti~c Pages Division Division Divzslon Division Division Division Divms~on Division Division Division Division 1 General Conditions 2 Sitework 3 Concrete 4 Masonry 6 Wood and Plastic 7 Thermal and Moisture Protection 8 Doors and Windows 9 Finishes 12 Specialties 15 Mechanical 16 Electrical ~ DOCUMENT A101 * O'g'k'ER-CO.X'TIL*.CTOI( AGRE£M£.X.'T · T'~"£LFTH EDITION · THE AM£RICA.~ I.~STITt'I'E OF ARCHITECTS. i':.~a~ .~'L~C YORK A%T. NU£. f;.~'.. ~'ASHINGTO.~. D.C. 20006 WARNING: Unlmen.~l phMm::el~/ing violales U.S. copy~gh! ~ and is ~ m regal peoe,ecution. A101.1987 S-] Site Improvement Plan S-2 Trash Enclosure Plan S-3 Entry Plans S-~ . Guard Railing/Re:aining Wall Sec:ion L-] Landscape Plan A-I Lower Level Plan A-2 Main Level Plan A-3 Upper Level Plan A-~ Elevations A-5 Elevations A-6 Reroofing Plan 'A-7 Details A-8 Details M-I Dower Level Plan -Mechanical M-2 Typical Unit Plan E-1 Lower Level plan - Electrical E-2 Main Level Plan - Electrical E-3 UpPer Level Plan - Electrical E-& Typical Unit Plan - Electrical 199& dale i.~sh.wn hcl.w: Datc 9.1.6 ThL- addvnda, il' 'an)'. arc u.~ fiflh,ws: Number See. attached Pages · TH-1 through T Ii-4 Oo Ponions of add=ncta minting to bidding rcquircmcnL, arc not pan oftbu Contract Dncumtmts Unlc.~ thc bidding rvquiremems arc aJ..;o tnuum=ratt, d in Ibis Anit'{c 9. /Jut {~)~UME{~T Al0'{ · OWNER.CON'TRAC'{'OR AGR££H~%"f · ]~-t..l.~H ~DITION · AIAe · ('IV8- THE AN F..,~ CA,~ IN.~TITL'T£ OF ARCHITECTS. 1735 NE'~' %'OPJ'; AVE.%'t 'E.. N.%.. ~'A.~;HINGTON. D.C. A101-1987 .7 Update l~arch 8, 1996 1 page t2p,.late Hatch 15, 1996 ! page Update 3 March 17, 1994 ] page ThL~ AFj'~mcnt i.~ cmcrcd into as of thc d3y and ~ f~T ~'~tz~ a~vc ~d L~ tx~t~ ~ at ~ ~ o~g~ ~i~ of ~'hich one ~ ;o bc dcbvcrcd ;o thc ~ntmmor, one to ~c ~chitc~ for ~ m thc 3~mt~ of ~c ~ntm~, ~d ~c r~dcr to ~c O~cr. ANOKA OOUNTY COMMUNITY ACTION PROCR~ O~ER /~ Patrick / McFarland, Executive Director (I~nletl t~nw and tttle~ WATSON-FORSBERC CO CO~TRACTOR (Przme~l m~tnu and tttle) AL~ DOCUMENT A101 · O~['.NER-CON'I'RACTOR AGREEME.%'T · T~'~LFTH EDITION · .MAe · ~198~ THE AMERJCA~ I.~$'I'ITL"IT. OF ARCHITECTS. 1 '7}~ N£~[' YORK A%T. NL~F. N.~['.. IX'ASHINGTON. D.C. WARNING: U~liee,~ I~Ot~.T,~ vleAates U.S. ~ laws A101-1987 8 Havin~ examined the documents R£NOVA?ION OF THEATER HEIGH?$ APARTM£NTS .And navln~ v~sited ~he.~e. ue hereby pre, pe,~ se, furnish all ~r~£. labor, · a~eri~is, equipment an~ services ~o ~r£orm the u¢,rk as described by she bid ~e, cuments ano a~ mc, di~e~ ~y "~id U~a~es" and "V~rbel Clarifications" by ~c,h~son. and Darwin Lin~ah; for the total stipulated sum of: A Payment and Perfc,rmance Bond ~- ~c,: 'inciuOed. ~onding ~.ay be added as an opsic, n to, the base bid. Add CLAR~F2CAT~ ONe: ~ork scheou2ed ~or cc,n:inuous opera:ions [i.e. ~e ~i22 ~ ~orJ:ing in uni:s ~ne:her occupied or no:j. ~.._ ieft "broom ciesn" at the com;,ietion c,~ the work Day. Resi=enzs will rte.: be required to move their o~n furniture so complete ins. ca!~at/:.n of f~oor cover!n~-s, houever each resi,~en: ~= responsible' for r-c,v!ng a1! J;nickkr. acJ; ar,~ bre~;able items. ResiOents ~ili be required to remove al/ pictures, pc,steTS e:c required to paint wa]is. ' Resioents'uill be responsi£,ie for removing and storing all items on kitchen counter re, ps aaa for clearingrhe sop shelf oi all base ki:chen cabinets. UNIT PRICES:: Section 9300'Ceramic Tile: Clean, re-grout, re-caUlk ceramic tile. ~ ~Add S '~/'~.c=-~./Hrs Section 9~00 Ceramic Tile: Section IE. Cm66 ¥~cbanicai: Section ~$Ouc,. ~ecna~dca/: Replace backing and ceramic.:iie. Add $ ,~zzc~._/Enclosure Repair or replace ZonelVaive. Add kepa!r or rep/ace Jeaking fixture. Add $ De.~uc: ~'_-.. ~]C,. O0 curb cut. [~_du:: .¢',, ~,-.;7'.. O0 ~.eu£e exiz:!n& ['~-~:: .:500. O0 ¢~,-"~i:e batn:ub re.finishin&. Revise close% TH-2 MINNE,..;JTA HOUSING FINANCE AGEN~' CONTRACTOP'5 AND.~R MO~TGAG..OR,E; COS]' BREAKD_O~/N LocaJion .~,o37 Cen:rel, Ave Consimcti~n Type No. of Units MHFA No. Date__. Developer AnOka Count? Co~un~t7 Action Program Building Gm~ Area ~gso . No. of Stofi~ 3 lnalD ,~UNrT 7COS?:: , ~ ~ Con~rme .... 7:9~ _ 2 ' ..Mas°n~, ~uckpo~nt~np 520 3 . S Metals 1,305 -- :' 6 . Rouoh Ca~eni~ 5 8 ~envr ~=, W~s, Glass 6 7 Wale~molin~. Jo~n= Sealers ~.Z~O ,, 7 7 I~u~lion S=uc=o 9.750 8 7 Roohn~ & Sheelmalal ..... 38.78S ~ ' ' 9 .7 Sidin~ . -- .... 10 ROUGH STRUCTURE {Lines.l-9) ' ~0,652 , 11, 6 Rnish Ca~nl~, i~Z~ .... -- ~, 12 6 ..CaDinels, Veeries & ~unlenops " ~ 13 8 ..InleHor~m& Fmcs ]~63~ " 14 9. Lalh&Plamer ~fo~d/~5~e~F D~pTg~ 2~2~7 -" 16 9 ~leWo~ ~ ' i~" 17 9 . ~uslical ,. .., lS 9 Resilie~ FI~A~ " .2D 9 .... Painfino & D~rali~ .6.~600 ,, 21 10 ...S~ahies & Fu~shi~s ':22 11 S~al Eouipment -- ,~" 23 1 I' ~o~ance~ _ 24.13 ..S~al'~n~ion .. ,.2s ,1~ Elevalom , H,26 . FINISH STRUCTURE {~nes 11-25) _27 15 Plumoinq ,,,]0t 10o -- 2B 1S .,Heal & Ventilation ~60,, a 2g 15 _.~r Co~mlio~n~ - - - 30 15 Fire Pint.ion -" _31 ,, MECHANICAL SYSTEMS {Lines 27-3D~ 30,Ob0 32 16 _El~fical A~60 I .' , 34 .. A~es~ Bullies & Ga~pes I ..35 2 ~nnWo~ 36 2 .... Sile ~ifllms - ..... 37 2 .... Ro~ & Wa~ 3~9~3 ' 3~ 2 Site I~mvements ' ~ 39 2 -~wns & Planti~ __ b. B0b 40 2 .... Unusual Sile Co~ition -. 41 TOTAL LAND IMPROVEMENT {Lines 3~O~ ~.03] 42 , ..STRUCTURE & 'LAND ~Lines 33, 41t z3 I GENERAL .REQUIREMENTS ' _4z BUILDER,S: OVERHEAD ~.7~% -' 45 .... ,, 46 BUILDER'S PROFIT m ~:73~ ... . 47 TOTAL (Lines 43. ~. 45':'a~ 46) " 33,UbO ' " 45 ...TOTAL (~nes 42 a~ 4~ )~Er~3) __ Feasibility Commitment IniUeaJ Closing Contractor I,'ATSOi~'FORSBERG CO. Date Morlgagor Date TH-4 ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blaine, MN 55434 · Phone 783-4747 o FAX 783-4700 · TTY 783,4724 DATE: TO: FROH= SUBJECT: June 6, 1994 Pat Hentges 'City Hanager Stephen Klein ACCAP Planning Director City Notification of ACCAP's Proposed Purchase of PropertyLocated at 3932 Central Avenue N.E., Theater Heights Apartments Dear Hr. Hentges: Enclosed is the letter I referred to in our meeting, This letter followed ~wo (2) to three (3) weeks of verbal discussion between ACCAP and City staff relating to our interests/intentions with this property. You can see how our staff interpreted this letter as City support for the funds we requested, as well as this use being consistent with.your Comprehensive Plan..Our Board of Directors gave final approval on August 2, 1993 and we closed on August 12, 1993. In the future we will be glad'to take guidance/direction from your City Manager to ensure thac our efforts are consistent with and in support of the housing plans of the City of Columbia Heights. I regret any misunderstandings that may have resulted.from our lack of ongoing communication 'on this Project; and I can assure you that in the future we w~ll be aware of this'Concern. Please call me if you have any questions in this regard at 783-4740. SMK/ch i~Enclosure AN EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Donald J. Murzyn. Jr. Ceunciimembers $~an 'T. CI-rkin Brace G. N,,wrocki Ga~' L. P¢~erson Robert W. Ru¢~imann Ciu' Mnnnger Stuarl W. Anderson February 23, 1993 Hr. ~Jan Solem Commissioner, Hinneso~a Housing Finance Agency 400 S£bley St, #300 St Paul, MN 55421 RE: Application for $75,000 of HHFA Housing Trust Funds by Anoka County Community Action Program, lnc(22-plex at 3932 Central Ave NE, Columbia Heights) Dear Mr. Solem: Mr. Steve Klein of the Anoka County Community Action Program, Inc(ACCAP), located in Blaine, MN but serving Anoka County, has requested our comment in regard ~o the ACCAP request for a grant of $75,000 of Housing Trust Funds for a project located in Columbia Heights. ACCAP has worked with the HRA and City on the purchase, renovation and rental of the Tyler Heights two four-plexes, located in Columbia Heights. The HRA and MHFA have provided the major portion of the financing for the purchase and renovation of this project. The two four-plexes, with 4 two-bedroom and 4 three bedroom units had been abandoned by the previous owner and were in dire condition. Early in 1990, ACCAP purchased and substantially renovated the units and improved the site and then ren%ed out =he units, benefitting lower income families. Since 1990, ACCAP has done a super job of maintaining both the units and the site. They have set the standard and are an example for the entire neighborhood and city to emulate. Since ACCAP plans on putting $4,000 to $5,000 in improvements into each of the 11 efficiency and 11 one-bedroom units, the ACCAP efforts will be in accordance with our City Comprehensive Plan 'Housing Plan, Goals and Policies" of 'Upgrade and improve attractive multiple-family housing for those segements of the population that cannot afford or do not desire to live in detached housing.' Your assistance in providing a grant of $75,000 of Housing Trust Funds will enable ACCAP to renovate the 22 housing units to meet current City Housing Maintenance and Building Code requirements. Please call either Don Schneider at 782-2855 or Stuart Anderson at 782- 2810 if you have any questions in regard to the above. City Manager HRA Executive Director CC: HRA Comm/Mayor & City Council 'SERVICE IS OUR BUSINESS' EQUAL OPPORTUNITY EMPLOYER ~T?~.~TER~r~.IGHTS 3932 CENTRAL AVE RENOVATIONSCOPE Revised June 10, 1994 Buildinq's ~haracteristics: Date Built: 19S9 (35 years old) N,~mher of Units: 22, 11 efficiencies ~nd 11~one bedrooms Gross building: 16,600 SF 0nsite parking: 12 uncovered, off street .Description.: 2 1/2 storywalkup,'brick face, stucco Sides & back. Renovation Scope: Replace roof Clean and tuckpoint brick, repairstucco ReplaceconCrete stair~entrY Overlay parking lot with 2" of asphalt Repair retaining wallS, build 4 footer in'back Add landscaping iBuild cedar fence trash dumpster enclosure 'Repaint -nd decorate all units and'hallways Updateplt~hing, electrical, andheating Install new fire rated unit entry doors 'Replace all countert°ps Refinisha11 Cabinets Replaceappliances as~necessary Replace floor.coverings as necessary Additions: Provide mini blinds throughout Replace roof louver/vents Construct ConCreteblock dumpster enclosure Install awnings -~d canopy on front'of building. Exhaust heat, smoke, a moisture tO. outside Replace all Worn'outappliances Replace all worn out floor coverings Install retaining wall at front of parking lot Modify lower level to be wheel chair accessible Replace front~doOr system and side Window Complete 'List Proposed $ 3,000 $ 3,ooo $ 2,000 $ 2,000 $ 6,000 $ 6,000 .$.6,000 $ 6,000 $15,000 $15,000 $10~000 .$10,000 $10,000 $10,000 $'4,000 $ 4,000 :$15,000 $ 0 $ 3,000 ,-$ o Total $74,000 $56,000 PART 1 1.01 1.02 1.03 1.04 1.05 ae B. C. D. Be A® Be Do Ee SECTION 07514 BUILT-UP ASPHALT BITUMINOUS ROOFING GENERAL SECTION INCLUDES Removal of existing asphalt roofing system. Roof insulation. Built-up roofing, with base flashings. Aggregate surfacing. SUBMITTALS Submit product data under provisions of Section 01300. Submit product data indicating membrane and bitumen materials, base flashing materials and insulation. PRE-INSTALLATION CONFERENCE Convene a pre-installation conference one week prior to commencing work of this Section. Review installation procedures and coordination required with related work. DELIVERY, STORAGE AND HANDLING Deliver products to site under provisions of Section 01600. Store and protect products under provisions of Section 01600. Deliver products in manufacturer's original containers, dry, undamaged, with seals and labels intact. Store products in weather protected environment, clear of ground and moisture. Protect foam insulation from direct sunlight exposure. Stand roll materials on end. ENVIRONMENTAL REQUIREMENTS Do not apply roofing membrane during inclement weather. 07514-1 1.06 A. PART 2 2.01 A. B. C. 2.02 A. 2.03 A. B'. C. .D. 2.04 A, 2,05 A. 2.06 A. Do not apply roofing ,membrane to damp or frozen deck surface. WARRANTY :Provide twentY year Warranty under, provisionsof Section '01700. '.Warranty: Cover damage to building resulting failure'to resist penetration of water. PRODUCTs from MANUFACTURERS - SHEET AND BITUMEN MATERIALS G.A.F. Building Materials Corporation System IO4G. ,,Manville System 4GIG. !OWens/Corning Fiberglas Corporation System 43-IG. iSHEETMATERIALS ',Glass Fiber Felts: .ASTM D2178, Type VI, Premium Grade. BITUMINOUS MATERIALS .,Asphalt Bitumen: .ASTM D312, Type II. Asphalt Primer: ANSI/ASTM D41. Plastic Cement: ~ASTM D2822, Type I, cutback asphalt type. Asphalt Emulsion: ASTM D1227, Type I. INSULATION Rigid Insulation: .FS .HH-I-1972/2', ,Class 1; Polyisocyanurate rigid board withimpermeable facing on top side; two layers, '2 lb./cu, ft. nominal density; square edges. R-Factor of 7,5/inch nominal. Total thickness to be~2'inches. FLEXIBLE FLASHINGS Sheet Flashing: Modified roofing manufacturer. ROOF.SURFACING bitumen; as ,recommended by Aggregate: ASTM D1863; sound, hard, roofers pea gravel. 07514-2 2 · 07 CANTS 2.08 PART 3 3.01 A. Be 3.02 A. 3.03 Fiber Cant and Tapered Edge Strips: Asphalt impregnated wood fiberboard, preformed to configuration as detailed. Wood Cants: Douglas or Hem-Fir Species; construction grade; 19 percent maximum moisture content; pressure treated using waterborne preservative with 0.30 percent retainage. ACCESSORIES Roofing Nails: Galvanized or non-ferrous type, size as required to suit application. EXECUTION EXAMINATION Verify that surfaces and site conditions are ready to receive work. Verify that deck ks supported and secured. Verify that depressions, scuppers. deck ks clean and smooth, free of waves or projections, properly sloped to Verify that deck surfaces are dry and free of snow or ice. Verify flutes of metal deck are clean and dry. Verify that roof openings, curbs, pipes, sleeves, ducts, and vents through roof or solidly set, and cant strips, wood nailing strips and reglets are in place. Beginning of installation existing substrate. means installer accepts PROTECTION Protect building surfaces against damage.from roofing work. INSULATION APPLICATION Embed two layers of insulation into flood coat mopping of hot bitumen in accordance with insulation manufacturer,s instructions. Lay second layer of insulation with joints staggered from first layer. 07514-3 3.04 A, :D. 3'.05 A. De Lay insulation boards with edges in moderate contact without forcing. Cut insulation to fit neatly to perimeterblocking and around penetrations through roof. Mechanically fasten insulation boards for distance of 48 inch from roof edge. Apply no more insulation than can be sealed with membrane in same day. MEMBRANE APPLICATION Equiviscous Temperature at Point of Application: No more than 25 degrees. F from bitumen .rating indicated on bitumen container level. Apply roofing membrane in 4 plies of roof felt mopped with 20 lb/square of bitumen per ply. Apply felt 2 on 2 in same direction. Apply felts smooth, free from air pockets, wrinkles, fishmouths, lap joints, or tears. Extend membrane felts up cant strips and minimum of 2 inches onto vertical surfaces. Mop on two additional plies of felt and one ply of granular surfaced felt as base flashings over roofing membrane plies. Secure to nailing strips at 4 inches. Install two .plies membrane and bitumen glaze coat for cut-off at end of day's operation. Glaze felts exposed at end of working day. Remove cut-off before resuming roofing. Mop and seal two additional plies of felt around roof penetrations- FLASHINGS AND ACCESSORIES Apply flexible base flashings to seal membrane to vertical elements. Install prefabricated roofing control joints accordance with manufacturer's instructions. in Coordinate installation .of roof scuppers and related flashings. Mop in and seal flashings and flanges of items penetrating membrane with two plies of felt. 07514-4 3.06 AGGREGATE SURFACING A. Apply uniform flood coat of bitumen at rate of 60 lb/square and while hot, embed roofing aggregate at rate of 400 lb/square. B. Sweep away loose aggregate prior to application of second coat. Apply second flood coat of asphalt at a rate of 40 lb/square and while hot, embed second application of roofing aggregate at rate of 300 lb/square. C. Evenly distribute aggregate to ensure bond with flood coat. Extend aggregate to bottom edge of cant strips. 3.07 CLEANING Remove bituminous markings from finished surfaces. In areas where finished surfaces are soiled by asphalt or any other source of soiling caused by work of this Section, consult manufacturer of surfaces for cleaning advice and conform to their instructions. Repair or replace defaced or disfigured finishes caused by work of this Section. 3.08 Ae PROTECTION Where traffic must continue installation, protect surfaces. END OF SECTION over finished roof 07514-5 1 ! ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE · Suite 345 · Blai~ne, MN 55434 · Phone 783-4747 · FAX 783-4700 · 'nY 783-472~i February 17, 1994 Patrick Hentges City of Columbia Heights 590 40th Ave Columbia Heights, Mn 55421-3978 FEB 24 1994 MANAGER CITY OF COLUMbiA HEIGHTS re: 3932 Central Ave (Theater Heights) Dear Mr. Hentges Enclosed are financial projections that reflect the alternatives I presented to the Council. I used your real estate tax figures which I agree with even though your tax figures reflect less of savings than I roughly estimated. The savings generated from the leasehold cooperative Gafter in lost peimits ACCAP to reduce paying the City $442.82 revenue rents on average by $10 per unit and increase the scope of the renovation $30,000. Or as certain members of the Council seemed to want the renovation could be increased $50,000 if no further rent reduction is passed on. If the Council makes a positive factual finding we would agree to fund a $174,000 to $194,000 (depending on the rent level alternative used) renovation verses the $150,000 we had otherwise planned. A lot can be done with $30,000. Especially when all the basics will be taken care of with the funds already coLm,itted. There is never enough money in a construction project. Additionally ACCAP would agree to sell the bUilding to the cooperative at our cost plus any additional capital invested to fund negative cash flow or additional improvements less any cash withdrawn. In other words, no escalator for inflation or appreciation. This language will be put in the Master Lease as the Cooperative's buyout price. We agree that language should be added to the Master Lease requiring new residents to be seniors or disabled. As I discussed at the meeting this project goes through regardless of the Council's willingness to contribute by making a positive factual finding that the tax savings will be used to reduce rents or provide for additional renovation. Please give me call if you think of anything else I can provide. / 3 r /ff' son _ . ~-Hou~i4~ Development Specialist 66' 44'~ ~4' 44, o~ o~o~ o~o o o o o o o o o o ~ o ~ CITY COUI~CIL LETTER Heeting of: June 13. 1994 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES & ORIGINATING DEPARTMENT: CITY MANAGER' S RESOLUTIONS CITY N_ANAGER' S APPROVAL NO .' 6 ITEM: ORDINANCE 128r,- CHARTER AHE , .NT BY, PAT HENTGES BY: PERTAININ(~ TO BONDED DEBT AHD DEBT DATE: 6-8-94 DATE.~ As was previously reported to the City Council, the City Manager requested that the Chattel Commission review the procedures associated with the issuance of bonded debt. Last year, when the refunding bond was offered, it was revealed that the City's past practices and procedures for the bond Issue were contrary to the Charter provisions. Specifically, the current Charter requires that after ordinances are passed and before any bonds are sold, one week's published notice ts required. The notice outlines the time and place of the actual sale. This special notice requirement is a disadvantage to the City as we currently negotiate the rate of bonds with a broker. The negotiated sale is based upon the most opportunistic bond market. conditions. Alternatively, some cities advertise for bids, thus requiring an advance notice of the specific time and date of the sale. The proposed change enables the City Manager to establish a special meeting to receive bids or approve negotiated sale rates. This alleviates the City's obligation to advertise a specific time and date of sale and end up cancelling or reecheduling the sale if the rates dramatically change. Under either provisions, the public receives advance notice of the City's intention to issue bonds because the City must go throush the reading, publication, and 30 day effective date associated with the ordinance process. RECO~ENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available for the public. RECOmmeNDED MOTION: Move to approve Ordinance No. 1284, Charter Amendment Pertaining to Bonded Debt and Debt Limit. COUNCIL ACTION: ORDINANCE NO. 1284 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE BONDED DEBT AND DEBT LIMIT The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 72, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of a hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of such bonded indebtedness, if [1] held in a sinking fund maintained by the city, [2] issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property specially benefitted by such ditches or.improvements, or [3] for the-purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Before any bonds are sold, at least one week's publiShed notice shall be given of a meeting of the city council to open and consider bids therefore. The time andplaceofsaid meeting shall be fixed and the newspaper in which the notice shall.be published shall be designated bya resolution duly passed, which may provide for additional notice. At th6 time and place so fixed, the bids shall be opened and the offer complying with the te~ms of such sale and deemed most favorable shall be accepted; PROVIDED, that the council may reject any and all such offers and award said'bonds to a more favorable bidder or upon like notice, it may invite other bids. Bids may be asked on the-basis of a rate of interest specified in the proposals and on the net~interest.basis on which the.biddem will pay par for the same. is herewith amended to read, SeCtiOn 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the p~otecti0n and distribution of the water supply; for the establishment of public lighting, ~heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is. or may be derived; for the creation'or maintenance of a permanent improvement fund; for the purchase or erection of needful.public buildings; for establishing.and maintaining garbage crematories, or othermeans of garbage disposal; for the establishment and maintenance of a hospitals, schools, libraries, museums, art .galleries and cemeteries;' for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two 'miles of. the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose, of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of such bonded indebtedness, if [1] held in a sinking fund maintained by the city, [2] issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property specially benefitted by such ditches or improvements, or [3] for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. .... m Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance. Following its passaqe, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizinq ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manaqer shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manaqer is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution Passed by a four-fifths vote-of the.cOuncil. ~ Section 2: Chapter 7, 'Section 72b, of the Charter of. the City of Columbia .Heights which currently reads as follows, to wit: Section 72b..BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness'issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four-fifths vote of the council, subject to the referenduTM powers of the people, for the purchaSe of real estate, for new equipment, and'for all improvements of a lasting character. The total bonded .debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates-, and bonds issued prior to the adoption of.the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, Or improvement or water, heating plants or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection' therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby,~ and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent 'improvement revolving fund shall not 'count as part of such total/bonded debt. In no,case will bonds be issued to run for more than !thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authoriZing them and the proceeds, from such bonds shall not be diverted to any other purposes. is herewith amended to read, Section 72b. BONDED DEBT AND DEBT.LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates, of indebtedness issued to provide for temporary deficiencies in. the revenues to Cover current expenses, but bonds may be issued by a fOur=fifths vote of the council, 'subject to the referendum powers of the people, for the purchase of'real estate, for new equiPment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of'the assessed valuation of all the taxable propertyin the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption.of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension,, enlargement, or improvement or water, heating plants~or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or Village, or the acquisition of property needed .in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: May 23. 1994 Offered By: Seconded By: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER MEETING OF: ~.JNE 13, 1994 AGENDA SECTION: ORDINANCES & ORIGINATING DEPT.: CITY MANAGER RESOLUTIONS FINANCE APPROVAL NO.: 6 EMPLOYEES OF THE CITY OF COLUMBIA HEIGHTS DATE: 5/31/94 NO.: ~ As part of the insurance evaluation proce~, the City Council reviewed a public officials liability/errors and omissions policy. As the co~t of this policy was $11,108 with a deductible of $10,000 per loss, it was Ihe City Council's decision to ~elf-imure ~ exposure, which has been the policy of the City Council for several years. Based on Oty Council's direction, staff has prepared the attached resolution indenmifying officers and employees of the Oty. The resolution has been reviewed and modified by Ihe City ARomey. The wording in the attached resolution as modified by the City Attorney primarily follows Slate Statutes on this subject. The resolution stal~s that indemnification is required and that the City shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied a~inst the officer or employee, provided that the officer or employee was acting in the performance of the duties of the position and was not guilty of malfeasance, willful neglect of duty, or bad faith. In summary, Slate Statute ~66.07 mandates this indemnification on the part of the City. RECOMMENDED MOTION: Move to waive the reading of Resolution 9~-__~ there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution ~ indemnifying officers and employees of the City of Columbia Heights. WE:dh 9405312C COUNCIL ACTION: RESOLUTION 94. BEING A RESOLUTION INDEMNIFYING OFFICERS AND EMPLOYEES OF TIlE CITY OF COLUMBIA HEIGHTS WHEREAS, The City Council of the City of Columbia Heights desires to serf-insure itself for liabilities arising out of errors or omissions, or acts of its employees or officers, and WHE~S, The City Council for the City of Columbia Heights desires to defend, indemnify and hold harmless its officers and employ.ees for any and all losses, expenses, liabilities, judgments, orders, settlements, costs of defense or damages arising out of, in connection with, or within the scope of that employee's or officer's employment. NOW, THEREFORE, BE IT RESOLVED, That the City of Columbia Heights shall defend and indemnify any if its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee 1) was acting in the performance of the duties of the position; and 2) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. Passed the Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary 9405274a -963 ~-,l~rORT IIAIIH,/TY,'I~LrI"I CAL BUDDIVISIOt~S insurance planwith or without t resets:fund or rcinsimm6e~h,ll not oonstitute a .waiver of nay governmental ;mmimltj~ or cxdusions ..... -. .. -' .'History: 1963 c 798 s 6:1977 c 447 ~r~ 6 s 11; 1985 c $14 drt 6 s'$o; '1984 c 465 art · 6 ~"12; 1987 c 79 s I; 1987 c 260 s I: t987 c $44 $ 9; 1987 c $98 a~ I s 22; 1988 c 719 an $ s 84:I$p1989 c ~6.07 INDEMNIFICATION. Subdivision 1. ~mnlfl~tlon .'reqtth'ed,' Subject to thc limitations .in section 466.04, a municipality oran instrumentality of a municipality ~I! defcnd nad indem- nify any of its .o~cers nad cmployees, whether elective or appointive, for.damages, including punitive damages, clnin~cd or levied against thc offcer or employee, provided that thc offcer or employee: (1) was acting in thc performan~ of thc duties of thc position; nad (2) was not guilty of mnl+',o~q,~ce in office, willful neglect of duty, or bad faith. Notwithstanding nay provisions to thc contrnry in section 127.03, subdivision 2 or 466.12, this section applies to all school districts, however o~nnii~d. .- Subd. In. [Repealcd; 1987 c 79 s 3] . .. Subd. 2. [Repealed, 1987 c 79 s 3] . '.. · Subd. 32'Effect on other laws. This section does not repeal or modi~ Minnesota Statutes 1961, Sections 471.44, 471.45 nad 471.86. SubcL 4. [Repealcd, 1987 c 79 s 3] '- ;' ' History: 1965 c 798 s 7:1979 c 205 s I/1986 c 444; 1986 c 455 s 76; 1987 c 79 s 2; 1987 c t, eting or: 6/ 3/94 AGENDA SECTION: ORDINANCBS & RBSOLUTIONS ORIGINATING DEPARTMENT: crrY MANAGER NO. 6 PUBLIC WORKS NO. SUBMITTAL OF VARIANCB RF~UBST ~ . DATE: 6/6/94 DATE: Attached is the ~solution directing the City Engineer to submit a variance request for consuucting a sidewalk on tl~ ninth side of 44th- Avenue N.E. from Tyler Place to Reservoir Blvd. The variance is required becanso 441h Ave. N.E. does not meet currmt State Aid the minhuum required lengths for 30 MPH design. Final approval of any variance granted will be dependent on the City l~_.z~iug a resolution holding the State of Efmnesola harmless for RECOMMENDED MOTION: Move to waive the reading of Ibe Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 94- directing the City Engineer to proceed wilh submitting a variance request to the Commissioner of Transportation to permit the construction of sidewalk on the north side of 44th Ave. N.E. from Tyler Place to Reservoir Blvd. MAW:jb 94-338 COUNCIL ACTION: RESOLUTION NO. ~.~ DIRECTING THE CITY ENGII~-RR TO PROCEED WITH THE SUBMITTAL OF A VARIANCE REQUEST TO THE COMMISSIONER OF TRANSPORTATION FOR 44TH AVENUE NE. FROM TYLER PLACE TO RESERVOIR BLVD. WHEREAS thc City wishes to consUuct sidewalk on the north side of 44th Avenue N.E. from Tyler Place to Reservoir Blvd; and whereas the existing right-of-way width from 710' east of T.H. 65 to McLeod St. varies from 50 to 55 feet; and whereas, from Tyler Place to McLeod Street one existing crest vertical curve nt Station 22+77 to 22+97 and one existing sag venicnl curve at Station 22+97 to 23+17 and from McLeod St. to Reservoir Bird, two existing crest venicnl curves nt Station 2+00 to 3+60 and Station 8+40 to 8+90 and two existing sag vertical curves at Station 0+25 to 0+75 and Station 5+95 to 7+55 do not meet the minimum required length for 30 MPH; nnd WHEREAS, the Minnesota Rules for State Aid Operations, Chapter 8820.2500 Subp. 3 requires that State Aid Streets have a minimum right-of-way width of 60 feet; and Chapter 8820.2500 Subp. 1 and 8820.9935 requires that State Aid Streets have a minimum design speed of 30 MPH; and WHEREAS, Rules for State Aid Operations provide that a political subdivision may request a variance from these rules; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights: That the City Engineer be directed to submit to the Commissioner of Transportation a formal request for variance from adopted Minnesota Rules for State Aid Operations, Chapter 8820.2500 and Chapter 8820.9935 to permit the construction of a sidewalk on the north side of 44th Avenue N.E. from Tyler Place to Reservoir Bird with less than the minimum required right-of-way from 710' east of T.H. 65 to McLeod SL and less than the minimum required curve lengths for 30 MPH from Tyler Place to McLeod St. at Station 22+77 to 22+97 and Station 22+97 to 23+17 and from McLeod St. to Reservoir Blvd at Station 0+25 to 0+75, Station 2+00 to 3+60, Station 5+95 to 7+55 and Station 8+40 to 8+90. Dated this day of ,1994 Offered by: Seconded by: CITY OF COLUMBIA HEIGHTS, MINNESOTA By: loseph Sturdevant, Mayor Roll Call: Jo-Anne Student, Council Sec'retary A'I'FEST: I hereby certify that the f~egoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held on the 13th day of June, 1994, as shown by the minutes of said meeting in my possession, Jo-Anne Student Deputy City Clerk CITY COUNCIL L~T'f]~ Heeting of: June 13, 1994 AGENDA SECTION: ORDINANCES &RESOLUTXONS ORIGINATING DEPARTMENT: CITY NO: 6 CITY HANAGER'S__4A APPROVAL ITEH: REDUCTION OF SOLID ~ASTE NANAGEIIF. NT FEE BY: LINDA L. NAGEEW~9'-'J~_ ~BY:., NO: , , 6 · F- DATE: 6-6-94 DATE...'~ As previously reported, the initial amount of the solid waste management charge for the City of Columbia Heights was $11,157.84. This charge was appealed and reduced to $4,053.64 The City of Columbia Heights can receive an additional 201 reduction of the solid waste management. fee if the attached resolution is passed by July 1, 1994. The resolution indicates the City agrees to ~mplement environmentally responsible procurement policies, and that we will use our best efforts to recycle $0Z the solid waste generated on our properties. Also attached is a copy of the Solid Waste Hanagement Coordinating Board Environmentally Responsible Procurement Policies adopted on October 28, 1992, that are referenced in the resolution, and the decision pyramid referenced in the policies. Staff recommends adoption of the resolution. RECOHI~-~DED HOTION: Hove to waive the reading of Resolution 94- available to the public. · there being ample copies RECOHHENDED MOTION: Hove to adopt Resolution 94- , being a resolution agreeing to implement Environmentally Responsible Procurement Policies and to use Best Efforts to Recycle 50Z of the Solid Waste Generated on City Owned Properties. COUNCIL ACTION: RESOLUTION 94 - RESOLUTION AGREEING TO IMPLEMENT ENVIRONMENTALLY RESPONSIBLE PROCUREMENT POLICIES AND TO USE BEST EFFORTS TO RECYCLE 50% OF THE SOLID WASTE GENERATED ON CITY OWNED PROPERTIES WHEREAS, The City of Columbia Heights acknowledges the benefit to the City of Columbia Heights, its citizens, the public health and the environment resulting from the Anoka County Integrated Solid Waste Management System; WHEREAS, the Minnesota Legislature has established a hierarchy of preferred waste management practices, set forth in Minn. Stat. § 115A.02 and incorporated into Anoka County's Solid Waste Management Master Plan, encouraging waste reduction and recycling as the highest priority for the State with the goal of abating the use of landfills; WHEREAS, the Legislature has required in Minn. Stat. § 4'/3.848 that all waste generated in the metropolitan area be processed to further abate landfills; WHEREAS, the City of Columbia Heights wishes to promote the goals of waste reduction, recycling, and landfill abatement in order to protect its citizens, the public health, and the environment. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights agrees to use its best efforts to recycle 50% of the waste generated on its tax-exempt properties and to reduce the amount and toxicity of the waste it generates by implementing policies adopted by the Solid Waste Management Coordinating Board on October 28, 1992. Passed this ~ day of , 1994. Offered by: Seconded by: Roll Call: Joseph Sturdevant Mayor Jo-Anne Student Council Secretary Enviro .nmmtally Responsible Procurement Policies AdoPted October 28, 1992 2, .3, The acquisition, use, maintenance, and discard of materials Will maximize resource conservation .options to avoid and reduce waste generation. Resource discard decisions should be made based on a decision pyramid, recognizing that there may be other indirect public health, safely and environmental impacts. (An example of a decision pyr~mld which has been prepared by the Department of Administration is attached). · Procurement practices will maximiTe purchase of recycled content products in order to stimulate the development of stable markets for recycled m~t~'-rials. Procurement practice~ Will include consideration of total product cost as selection criterion. Total product cost will include consideration "of packaging waste, hazardous characteristics of the product, b_~,~rdous characteristics of waste generated as a result of the intended use of the Product, r. ecyciability, and disposal costs as well as durability and recycled content. Procurement practices will continue to support and utilize existing cooperative purchasing programs and to expand cooperative purchasing a~vities where practicable. The Minnesota Department of Administration Priorities For Environmental Materials Management aufmaman~ and ~fisc~d of ~ shouki first mafun~ tzscxu~ conservation options to avoid CITY COUNCIL LETT~ Heeting of: June 13, 1994 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY NO: 6 CITY ~NAOER'S APPROVAL ITFRI: RESOLUTION ESTABLISHING GUIDELINES FOR BY~ PAT MENTGES BY~ 1995 BUDGET DATE: 6-10-94 NOs 6 G As you will recall, Counctlmember Nawrockt introduced this resolution at the last City Council meeting. At that thee, the matter was referred to Work Session for further debate. At th6 ~ay 31 Work Session, the Council discussed the matter, coming to no clear consensus or compromise on the passage of proposed resolution. It was determined that the matter would be placed on the June 13th regular Council meeting for final consideration. RECO~14ENDED NOTION: Move to waive the reading of the resolution, there being ample copies available to the public. COUNCIL ACTIONs TO: FROM: DATE: RE: CITY OF COLUMBIA HEIGHTS MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER MAY 27, 1994 1995 BUDGET PREPARATION Reference is made to Councilmember Nawrocki's resolution regarding council direction · on the preparation of the 1995 budget. As you aware, this matter was tabled to the next work session. Please find for your information the City Manager's general direction to the Department Heads regarding the preparation of the 1995 budget. As usual, City staff began preparing the budget early in the year prior to the clear indication as to current year expenditure trends and in absence of revenue projections. As in the past, the budget is prepared with the assumption that the 1995 level of service will be consistent with previous year service levels. Naturally, it is the job of the City Manager to provide a recommended budget or service adjustments to the City Council so as to assure the proposed budget is within reasonable spending and revenue limitations. cb Attachments RESOLUTION ESTABLISHING MAXIMUM PROPERTY TAX GUIDELINE FOR 1995 BUDGET WHEREAS, The City Manager is in the process of preparing a proposed budget for 1995, and WHEREAS, The the 1993 Audit Report Management Letter shows an increase in property taxes paid (budgeted for 1994) by the property tax payers of Columbia for municipal purposes to have increased by 25. 79% from 1991 -1994 (not counting State credits, fiscal disparities, or the H.R.A. levy), and WHEREAS ,' The General Fund of the City was underspent by $513,754.00 in 1993, and WHEREAS, The City Council is concerned with the significant increase in property taxes paid by its citizens for municipal purposes, and WHEREAS, It is fiscally responsible for the City Council to provide the City Manager with budgetary guidelines. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCll., That the City Manager is directed to prepare a budget for 1995 that, except for increases in proposed expenditures for the Sheffield project, will not increase the property taxes to be paid by property owners for municipal services over that which they were required to pay in 1994. ~ oP COLUMBIA TO:. FROM: DATE: RE: ALL DIVISION AND DEPARTMENT HEADS PATRICK HENTGES, CITY MANAGER MARCH 15, 1994 1995 BUDGET PREPARATION The process of budgeting for the expenditure half of the 1995 budget is now ready to begin. The best practice for budgeting expenditures requires that one is knowledgeable of the revenue projection side · of the budget. Unfortunately, we do not have solid revenue information, yet we must begin the process. The revenue information will be further refined during the preparation process. The initial guidelines for you to nsc when preparing the 1995 budget are as follows: The labor contracts are due to expire at the end of 1994 and I do not expect that the progress on negotiations will be far enough along so as to give a clear indication of aH city wage increases. Therefore, I would ask that each department extend wages at year end levels and the overall budget will be established with a contingency to handle final contract award (including 1995 step increases). The Finance Department will identify any other personnel costs or wage burden adjustments or step adjustments scheduled to increase outside of labor negotiations. For supplies ·nd other service charges. I suggest that you closely review all existing service contracts, energy charges, and 'big ticket' supply items. Please make recommendations based upon utilization changes, supplier price changes, or projected/scheduled escalators in service contract. Hopefully, minor supply items or training/education budgets can be held at prior year levels. o For capital outlay requests, each item should be individually researched in terms of need, prices, alternatives, and the city's ability to fund. In terms of equipment replacement items, I would suggest that you evaluate the condition of the item to be replaced and don't consider requesting replacement if the schedule simply identifies 1995 as the replacement year. You are requested to work with the Finance Department in revising equipment rephcement schedule for 1995 and future years. Please identify any changes in revenue projections, even though the status of many of the major revenue sources will not be finalized until later in 1994. Naturally, these guidelines are subject to change as we proceed with the budget preparation process. I want to again express my appreciation to each of you and to your employees for being · part of · solution to the tight monetary situation which the city has been in during the past few years. Each of you is commended for your budget administration in 1993 in terms of living within the guidelines and often underspending the approved budgets for the past few yeart Similar efforts to closely manage the expenditures in 1994 is requested. Upon submission of your budgets, you will be asked to provide an interim or mid-year report on status of the 1994 budget. Thank you. 1995 Budget Preparation Hanual Page 1 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JUNE 6, 1994 MEETING "THESE MINUTES NOT APPROVED" The Traffic Commission Meeting was called to order at 6:30 p.m. by Chairperson Carlson. I. ROLL CALL Duda, Goodman, Sturdevant, Jolly and Carlson Staff Present: Assistant City Engineer Young and Police Captain Olson II. APPROVAL OF MINUTES Motion by Sturdevant, second by Goodman to approve the mintues of the May 2, 1994 Traffic Commission Meeting. Roll call: All ayes III. OLD BUSINESS A. Request for Centerline Striping on Matterhorn Drive A centerline stripe has been requested for around thc curve on Matterhorn Drive. A resident felt this area was very dangerous and that this slripe may be of some help. The accident history of this curve over the last five years revealed the accidents all occurred in December or January. This time of year no striping would be visible. Motion by Goodman, second by Jolly to deny the request. Roll call: All ayes B. Public Hearing - "No Parking-Loading Zone" Request St. Matthew Lutheran Church requested a "No Parking - Loading Zone" designation be placed on the north side of 41st Avenue be~nning 80' south of the eenterline of Washington Street and extending to the alley. Motion by Carlson, second by Goodman to recommend to the City Council to designate the north side of 41st Avenue as a "No Parking - Loading Zone beginning 80' south of the centerline of Washington Street and extending to the alley. Motion to amend by Sturdevant that this designation be only for Monday through Saturday. Motion dies for lack of a second. Roll call on main motion: All ayes Official Proceedings Columbia Heights Traffic Commission June 6, 1994 Page 2 IV. OTHER OLD BUSINESS None V. NEW BUSINESS A. Request for Business Access Off 43 1/2 Avenue A lot'split is being requested so the property at 4315 Central Avenue can be subdivided and one of the newly created lots can be sold and developed. Currently, a child care provider and a light industrial business have expressed an interest in purchasing the lot and building on it. A fifty foot frontage is needed for a building address. The only roadway which this building could use as an address to meet this requirement is 43 1/2 Avenue. The Assistant City Engineer stated that access off Central Avenue is important and should be considered. Staff had also noted concerns regarding easements, utility services and drainage and grading plans. Any development proposed for the lot will appear before the Traffic Commission again. Motion by Duda, second by Goodman, to recommend the Planning and Zoning Commission and the City Council approve the traffic flow for the lot split with a permanent ingress and egress easement to Central Avenue. Roll call: All ayes B. Request for Reserve Parking Zone - NEI, College of Technology Parking reslrictions are being requested on the north side of 41st Avenue so there will be no parking in front of the east entrance walk and two reserved parking stalls east and west of the entrance walk for a total of four. Staff had concerns regarding the number of restrictions and enforcement. Recommendations of staff were for limited parking on weekdays for one or two hours. Official Proceedings Columbia Heights Traffic Commission June 6, 1994 Page 3 De Discussion continued regarding thc usage of these parldng spaces at thc present time. It was noted that thc parking lot at thc rear of the school has more than ample space to accommodate all of the student population as well as staff and visitors. It was felt by staff if students were required to park in this parking lot and no longer use on-street parking spaces there would be virtually no paxtdng problems on 41st Avenue adjacent to the school. Motion by Duda, second by Carlson to deny the request. Roll call: Duda, Sturdevant, Jolly, Carlson - aye Goodman - abstain Site Plan Review - SuperAmereica Site, 50th & Central Avenue The proposal is to reconstruct the store and gas island area with the store being moved to the rear of the lot and an additional row of pumps being installed. The entrance and exit from 50th Avenue will be moved farther away from Central Avenue. It is the intention of the owners to alleviate some of the traffic congestion currently being experienced on 50th Avenue. Discussion continued regarding snow removal, the location of the median island, delivery truck requirements and the location of the public t~lephone. It was noted that the telephone appears to be in the right-of-way and may not be within the jurisdiction of SuperAmerica to relocate. Olson saw no problems with the proposal. Young advised this matter will be on the agenda for the July Planning and Zoning Commission Meeting. Motion by Sturdevant, second by Goodman to approve the proposed traffic patterns and driveways in the same locations as cited on the site plan. Roll call: All ayes Request for "Blind Child Area" Signage Motion by Goodman, second by Duda to recommend to the City Council to install - "Blind Child Area" signs 100' north and south of 4619 Tyler Street on Tyler Street and in the alley between Tyler Street and Polk Street, provided the Public Works Director is informed when the signs are no longer neexted. Roll call: All ayes 'Official Proceedings Columbia Heights Traffic Commission June 6, 1994 Page 4 ~4 Motion by Goodman, second by Carlson to recommend to the City Council to install speed limit signs in the alley between Tyler Street and Polk Street from 46th Avenue to 47th Avenue. Roll call: All ayes. Study Speed and Sign Installations on 44th Avenue Sidewalk installation on 44th Avenue was discussed at a recent City Council Public Heating. During the Public Hearing there were many resident complaints and concerns regarding vehicular speed and pedestrian safety. Motion by Jolly, second by Sturdevant to direct staff to conduct an engineering study on 44th Avenue from Central Avenue to Reservoir for the purpose of reviewing vehicle speeds and possible stop sign locations and to study parking and midbloek pedestrian crosswalks. Roll call: All ayes. Request to Install Directional Signs The request was for two signs, one to be placed on 38th Avenue and Main Street and the second on 39th Avenue and Main Street. Staff recommended only the sign on 39th Avenue be installed. Motion by Carlson, second by Goodman to recommend to the City Council the installation of a directional sign to Lornianki Park on Main Street at 39th Avenue. Roll call: All ayes. Review of Alley Closure Request Traffic in the alley between Tyler Street and C. enual Avenue just south of 47th Avenue was restricted in 1992 to allow for basketball play in the snmmer months. This activity is no longer _taking place in this location. Staff is requesting this matter be reviewed. Motion by Jolly, second by Carlson to direct the Engineering staff to review the feasibility of maintaining or vacating the east-west alley between Central Avenue and Tyler Street south of 47th Avenue. Roll call: All ayes. Official Proceedings Columbia Hcights Traffic Commission June 6, 1994 Pagc 5 VI. OTHER NEW BUSINESS A. First Lutheran Church Request for Adult Day Care Chester Shattuck, representing thc First Lutheran Church, advised thc Commission the Church has been approached to accommodate an adult day care sponsored by the Ebenezer Society. Mr. Shattuck distributed a rough draft of the site plans to members of the Traffic Commission. The Assistant City Engineer advised that the request should be referred to the Planning and Zoning Commission first. She felt the project may need a Conditional Use Permit. B. Vehicular Speed A resident requested that vehicular speed be monitored on many of the main thorouglffares in the City. This matter was referred to the Police Captain. VII. REPORTS Be City Engineer The Assistant City Engineer advised that at this point in time there appears to be no items for a July Meeting agenda. She recommended a meeting date be selected if any items come in which require the attention of the Traffic Commission. Motion by Carlson, second by Sturdevant to set a meeting of the Traffic Commission for July 12, 1994 if necessary. Roll call: All ayes. Police Captain The Police Captain had nothing to report at this time. Commissioners None Official Proceedings Columbia Heights Traffic Commission June 6, 1994 Page 6 Motion by Sturdevant, second by Goodman to adjourn the Traffic Commission Meeting at 8:00 p.m. Roll call: All ayes. Respectfully submitted, CITY COUNCIL LETTER Me~ting of: 6/13/94 AGENDA SECTION: NO. '~7 COMMUNICATIONS ITEM: NO. PUBLIC HEARING FOR "NO PARKING- LOADING ZONE" FOR ST. MATTHEW LUTi , CHURCH 7-/';' ORIGINATING DEPARTMENT: PUBLIC WORKS BY:: M. Winson ~c~fi~D DATE: 6/7/94 CITY MANAGER At the regular meeting on June 6, the Traffic Commission conducted a Public Hearing to consider a "No Parking - Loading Zone" on the north side of 41st Ave. N.E. beginning 80' south of the centerline of Washington St. and extending to the alley. The request was made by St. Matthew Lutheran Church. The loading zone would be in front of the entrance doors of the church to accommodate the loading and unloading of goods and passengers. The Traffic Commission approved the request. RECOMMENDED MOTION: Move to designate the north side of 41st Ave. N~E. as a "No Parking - Loading Zone" beginning 80' south of the centerline of Washington St. and extending to the alley, based on the recommendation of the Traffic Commission. MAW.-jb 94-344 COUNCIL ACTION: PROPOSED "LOADING ZONE" MS. Joanne Baker Columbia Heights Traffic Commission 637 38th Ave. NE Columbia Heights, MN 55421 Dear Ms. Baker, As Chairman of the Board of Trustees of St. Matthew Lutheran Church, 4101 Washington St. NE, I am requesting permission to place "NO PARKING-LOADING ZONE" signs in an area on the south side of our church premises. The signs would be located on the north side of 41st Street between Washington Street and the alley that borders the east side of the church. There will be approximately 30 feet between the signs which will allow the loading and unloading of goods and passengers at our south entrance doors. I have attempted to illustrate this request below. Your consideration and approval of this request at your next meeting would be very much appreciated. If you have any questions or comments, please contact me at 788-9427 (ST Matthew Church) or 633-5590 (Home). Sincerely, Chairman, Board of Trustees St. Matthew Lutheran Church 4101 Washington St. NE Columbia Heights, MN 55421 / / CITY COUNCIL LETFER Meeting of: 6/13/94 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO. '7 PUBLIC WORKS ITEM: REQUEST FOR "BLIND CHILD" SIGNS BY: M. Winson ~4~l~'t~ BY: NO. AND SPEED CONTROL SIGNS AT DATE: 6/7/94 DATE: TYLER ST., 46TH TO 47TH AVE. "'7 A, During Open Mike at the May 23rd City Council Meeting, Mr. David Taylor of 4619 Tyler St. N.E. requested a "Blind Child Area" sign for the 4600 block of Tyler St. and in the alley from Tyler to Polk St, between 46th and 47th Avenues. Mr. Tayl~ also requested speed control in the alley. Currently, the only form of "speed control" for the alleys are speed limit signs. The Traffic Commission approved both requests. RECOMMENDED MOTION: Move to install "Blind Child Area" signs 100' north and south of 4619 Tyler St. N~E. on Tyler St. and in the alley between Tyler St. and Polk St, provided the Public Works Director is informed when the signs are no longer required, based on the recommendation of the Traffic Commission. RECOMMENDED MOTION: Move to install speed limit signs in the alley between Tyler St. and Polk St. from 46th Avenue to 47th Avenue, based on the recommendation of the Traffic Commission. MAW.-jb 94-343 COUNCIL ACTION: CITY' COUNC~ LETTER Meeting of: 6/13/94 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO. 7 PUBLIC WORKS ITEM: REQUEST TO INSTALL DIRECTIONAL BY: M. Winson ~ BY: ~~ ~o. s,oNs ~o I~OMI~XI ~,~.,~I~ --7./~, 3. OAT~: 6nm OA~: '-' ' The Park Board has requested directional signs be installed on Main St. N'Z. for Lomianki Park. The Traffic Commission approved signs at 39th Avenue N~E. RECOMMENDED MOTION: Move to install directional signs for Lomianki Park on Main St. N.E. at 39th Ave., based on the recommendation of the Traffic Commission. MAW.'jb 94-342 COUNCIL ACTION: COLUMBIA HEIGHTS PARK & RECREATION COMMISSION MINUTES MAY 25, 1994 PAGE FOUR "THESE MIgraTES NOT APPROVED" LOMIANKI PARK DEDICATION Winson received a letter from Chairpersons Bernard Szymezak and Dolores Strand requesting directional signs to Lomianld Park. Motion by Ruettimann, second by Evans to recommend to the Traffic Commission permanent directional signs to Lomianki Park. All ayes, motion carried. SISTV. R ¢IT~.S, INTEF~ATIONAL COL~HBIA H~H}HTS - LO~LL~NEI, POLAI~ Mny lhth, 199h Mark A. Winsom, P.E. Public Works Director/City Engineer City of Columbia Heim. hts 590 - 40th Avenue, N.E. Col,~ia Heights, Mn. - 55~21 Directional Signs Lomianki .. Park De~r ?~'. Wi~o~: Our group is looking fo~&ard to the arrival of two visitors from L~mq~ next month. They will be here from June 20 - 27th. We have a committee planning the Park Re-Dedication Ceremony to be held Saturday morning, June 2St&. As you know, Lomianki Park's locatiom can be overlooked as yon drive on Main Street. The placement of two directional signs _ (with arrows) would be very helpful. Please consider this request from our Sis%er Cities, IaternAtional, eommittee for two signs to aiA our residents and visitors to find the park. This would ~e a great benefit during the years ahead. '~e all appreciate the name change a~d how promp, t~ the sew sigm was installed at Loaianki Park. Thank you'. Your eooperatioa is greatly appreciated. Call if you have any question. ]~=';~, 'Thank Yoa= '. $ineerely, 7§§-0352 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 7, 1994 PAGE 1 NOTE: These minutes were not completed in time to go out wi th the Fr|day agenda packet. For information only. The Planning and Zoning Commission meeting of June ?, 1994 was called to order at '/.~2 p.m. Members present were Paulson, Fowler, Larson, Peterson and Szurek. Also present were Evelyn Nygaard (Building/Zoning Administrator), Don Schneider (Director of HRA/City Planner) and Mark Gilbert (representing the City Attorney's office). Motion by Larson, seconded by Fowler, to approve the minutes from the meetings of May 3 and May 12, 1994 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: Public Hearing Variance Case #9406-22 Wes Forsline 1640 Innsbruck Parkway Columbia Heights, Mn. Evelyn Nygaard presented Mr. Forsline's request for a variance to extend the roof line of his house approximately seven ('/) feet into the front yard setback. She stated that porches are allowed to extend into the front yard setback provided they are uncovered. She felt that if the extension was allowed, it would be a simple matter for a future owner to enclose the area. She stated that there was not a hardship evident to approve the request as required by Section 9.105(3)(d) of the Zoning Ordinance. Mr. Forsline explained that his original plans have been changed and he is now proposing to add a gable roof over the upper level of the front steps on the north side of the house. He stated he has a terrible problem with ice buildup in this area and it is very difficult for him to use the steps if icy because he has Parkinson's Disease. Commissioner Paulson suggested a statement be added onto Mr. Forsline's deed indicating that the roof over the north front steps may not be enclosed or that the roof be removed prior to sale of the home. Motion by Larson, seconded by Fowler, to recommend to the City Council the approval of the seven foot variance to allow a roof to extend into the front yard provided appropriate plans are submitted and approved by the Building Inspector and that a statement be added to the property deed stating that the roof may not be enclosed. Roll Call: All Ayes. **THIS CASE WILL BE REVIEWED AT THE CITY COUNCIL MEETING OF JUNE 13, 1994. Public Hearing Conditional Use Permit Case #9406-23 Paddle and Pool, Inc. Amy Ferman RE: 4040 Central Avenue Evelyn Nygaard presented the request of Amy Ferman for a Conditional Use Permit to allow the operation of a pool/billiard hall at 4040 Central Avenue as allowed by newly adopted Ordinance PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 7, 1994 PAGE 2 #1287 with a Conditional Use Permit. This type of operation would be subject to the licensing requirements of Ordinance #1286. She informed the Commission that parking would be provided in the parking ramp at the rear of the building with handicap parking provided in the front with a curb cut and State required signage. She also stated that an exit located in the northwest corner will be required to meet the Building Code. She informed the Commission that a Conditional Use Permit to allow food and nonalcoholic beverage sales on the site was approved at the May 9, 1994 City Council meeting. Amy Ferman was present and stated that the exit in the northwest corner of the building would be converted to an emergency access. Motion by Peterson, seconded by Paulson, to recommend to the City Council the approval of the Conditional Use Permit to allow a pool/billiard hall at 4040 Central Avenue provided the building and operation is in compliance with all licensing, zoning, building and fire code requirements. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 27, 1994 CITY COUNCIL AGENDA. Co Public Hearing Conditional Use Permit Case #9406- 24 Stephanus Madda RE: 4022 Central Avenue Columbia Heights, Mn. Evelyn Nygaard presented the request of Mr. Madda for a Conditional Use Permit to allow the operation of a specialty grocery sales combined with a deli/restaurant at 4022 Central Avenue. She informed the Commission that the space consists of approximately 2,200 square feet on one floor. There are two existing entrances/exits, one at the front and one in the rear of the tenant space. She indicated that the existing bathrooms are located in the rear and are shared with another adjacent space. The women's bathroom would need to have the partition redone to provide the required door widths. She stated that any other changes of non-conforming items required to comply with ADA would be the owners responsibility. Evelyn Nygaard informed the Commission that the rear entrance/exit does not have the required landing, stating that remodeling of the interior of the building would require a landing. She stated that the building had been used as a restaurant for many years without a mishap. Mr. Madda was not in attendance. However, Mr. and Mrs. Kuppe, owners of the building were present. Motion by Larson, seconded by Paulson, to recommend to the City Council the approval of the Conditional Use Permit provided all requirements of the Building Code, Fire Code and Health Department are met. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 7, 1994 PAGE 3 Public Hearing Special Purpose Fence Case #9406-25 Ken Small 4334 Madison Street Columbia Heights, Mn. Evelyn Nygaard presented the request of Mr. Small for permission to install a seven (7) foot high special purpose privacy fence along and inside the north side property line of 4334 Madison Street from the front of the house to within three feet of the rear property line. Mr. Small was present and stated that he was unable to obtain the signature of consent from the adjacent property owner as the house was abandoned by the owner and is currently vacant. Motion by Fowler, seconded by Peterson, to recommend to the City Council the approval of the seven (7) foot high special purpose privacy fence at 4334 Madison Street as requested. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. Eo Public Hearing Special Purpose Fence Case #9406- 26 Klm Larson 4148 Ouincy Street Columbia Heights, Mn. Evelyn Nygaard presented the request of Klm Larson for permission to install a six (6) foot high special purpose privacy fence along and inside the side property lines of 4148 (~uincy Street from the front of the house extending toward the rear of the detached garage on the south side of the lot and from the front of the house extending to the front of the detached garage on the north side of the lot. She stated that the signatures of consent from the adjacent property owners have been obtained. Motion by Paulson, seconded by Peterson, to recommend to the City Council the approval of the six (6) foot high special purpose privacy fence at 4148 Ouincy Street as requested. Roll Call: All Ayes **THIS CASE TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. 4. OLD BUSINESS: Fo Public Hearing Conditional Use Permit Case #9404-14 Wallace Radiator Shop 4817 University Avenue Columbia Heights, Mn. Evelyn Nygaard presented the request of Gerald Schnedccker representing Wallace Auto Parts of 4807 University Avenue. The request for a Conditional Use Permit to allow a U-haul truck/trailer rental business was originally reviewed at the April 1994 Planning and Zoning Commission meeting. She explained that, prior to being reviewed by the City Council, it was discovered that thc site consists of five separate parcels consisting of four, forty foot parcels and one eighty foot parcel. She stated that in order to consider this property as one parcel, a combination of lots would be necessary to be filed with Anoka County. The owner of the property has declined to do this and submitted a letter stating 'Willc Sales, Inc. has owned the six lots on 48th and University Avenue from 1954 to the present and do not intend to sell any of these lots now or in the near future'. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 7, 1994 PAGE 4 Evelyn Nygaard stated that, if a combination is not done, the Conditional Use Permit could still be granted provided the entire property is maintained under the same owner. Should the property be sold or split up, the Conditional Use Permit would become null and void. She stated that there also would be a problem with the number of pylon signs to be allowed on the site. Evelyn Nygaard stated that if the property is considered one parcel, only one pylon sign would be allowed. There is more than one pylon sign currently and Mr. Schnedecker stated he would not remove the other pylon sign as the property has already been brought into conformance with the City Sign Ordinance. Council Representative Peterson felt that for signage purposes, two or three lots should be combined to create a separate address for the truck/trailer rental and allow a separate pylon from the main building at 4807 University Avenue. Mr. Schnedecker stated that 4817 University Avenue is the address used currently for the building where the rental operation will be conducted. The Commission felt that the address for this request should reflect 4817 University Avenue. Discussion was held regarding the concerns of the Commission and City Council regarding the slope and fence at the rear of the property. Due to the disrepair of the fence and erosion of the slope, it will be necessary that permanent erosion control be installed and the fence replaced or repaired within sixty (60) days. Motion by Larson, seconded by Paulson, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a three truck/three trailer U-Haul rental at Wallace Radiator Shop, 4817 University Avenue provided the fence is repaired or replaced and permanent erosion control is installed along the rear slope within sixty (60) days. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. 5. FROM THE FLOOR: Go Public Hearing Lotsplit Case #9405-18 Abe Heppner 4315 Central Avenue Columbia Heights, Mn. Richard Nowak, realtor, and Abe Heppner, owner of 4315 Central Avenue, were in attendance for the purpose of a lotsplit of property located at 4315 Central Avenue. Evelyn Nygaard explained that this case was tabled at the May meeting to allow the owner to obtain a release from NSP regarding an easement they own across the proposed lotsplit. She stated that it also will be necessary that other easements held by adjacent tenants and property owners be properly written with correct lot description, including the various easements, and be submitted to the City prior to any further action being taken. The City Attorney had advised, at the May meeting, that it would be premature to act on this request until accurate information is submitted to the City as it could compromise other property owners rights. Ms. Nygaard explained to the Commission that additional information had not been submitted to the City prior to the agenda being prepared and distributed for the June meeting. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 7, 1994 PAGE 5 Mr. Nowak stated that the Traffic Commission had reviewed the proposed lotsplit at their meeting of Monday, June 6, 1993 and did not find any problems with the proposal. He also presented a letter from NSP regarding their easement across the proposed lotsplit area. Mr. Nowak also informed the Commission that the latest proposed occupant would be the Minneapple Montessori School, currently in Roseville. The proposed structure would be a one story building housing approximately 40 children during the day who would be brought in by bus or van. Commissioner Szurek felt that that would be an awful lot of traffic coming through the residential area on a daily basis to enter that building off of 43 1/2 Avenue. Evelyn Nygaard stated that a Conditional Use Permit would be required for a daycare center in the Retail Business District. Attorney Gilbert reviewed the letter from NSP and stated it would not be sufficient and was not a release from the easement. He indicated that Mr. Heppner have his attorney contact him to assure the proper documents are submitted. Motion by Peterson, seconded by Larson, to table action on this lotsplit to the July Planning and Zoning Commission meeting to allow Mr. Heppner additional time to submit the information necessary to allow the City to act on the lotsplit. Roll Call: All Ayes. 6. STAFF REPORTS. A. Don Schneider presented three options regarding potential lotsplits and combinations of five HRA and City owned lots at 564 through $70 N.E. 38th Avenue legally described at Lots 9, 10, 11, 12 and 13, Block 89, Columbia Heights Annex to Minneapolis. He informed the Commission that over the years the HRA had acquired 564 N.E. 38th Avenue and the City, through tax forfeiture, acquired the neighboring four lots. He stated the City and HRA are now ready to sell the properties for development of new housing. To enable the best development of the lots, it appears that it would be necessary to split and recombine the lots. He informed the Commission that the neighbors to this area prefer not to have duplexes built on the new lots. Discussion followed 6f the three options provided. Motion by Larson, seconded by Peterson, to recommend to the City approval of proceeding with the necssary lotsplits and lot combinations (and easement cancellations and variances as necessary) where there would be three lots created of 58 feet x 123 feet (7,134 square feet each) from thc splits and combinations of Lots 9, 10, 11, 12 and 13, Block 89, Columbia Heights Annex to Minneapolis. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 7, 1994 PAGE 6 B. Evelyn Nygaard presented samples of fencing material to the Commission representing 11 gauge chain link as required by City Ordinance #6.402(2) and 11.5 gauge material. She explained that it has become increasingly evident that the 11.5 gauge fence material is being sold by fence companies as we!! as being sold by the major retail home repair stores in the area. The 11 gauge material must be special ordered. She presented the two samples to the Commission to show that there is very little difference between the two and, unless you have both types together, it is very difficult to distinguish between the two gauges of fence material. There is approximately 1/4~ difference in the mesh opening. Staff requested that the Ordinance be amended to allow 11.5 gauge fence material to be installed within Columbia Heights. Commissioner Fowler stated that he had recently installed a fence for a relative and was unable to find 11 gauge fence material and had to install 11.5 gauge fence. He felt that the 11.5 gauge provided a sturdy fence. Commissioner Larson stated that he was in favor of the amendment provided that, in the future, nothing less than 11.5 gauge be allowed. In other words, he would not be in favor of further amending the Ordinance in the future to allow anything less than the 11.5 gauge fence material. Motion by Peterson, seconded by Larson, to recommend to the City Council the amendment of that section of the City Ordinance, 6.402(2)(b), to allow a minimum of 11.5 gauge steel fence material. Roll Call: All Ayes. Motion by Peterson, seconded by Paulson, to adjourn the meeting at 8:15p.m. Roll Call: All Ayes. RespectfulI~y submitted, Kattryn Pepi~/ . / ~ . . Secretary to the Plan~'i'~g and Zoning commission CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning APPROVAL ITEM: Variance, Wes Forsline ~ ~ BY: Evelyn Nygaard ~".^ BY: NO: Case ~9406-22, 1640 Innsbruck Pkwy. DATE: June 9, 1994 At their meeting of June 7, 1994, the Planning and Zoning Commission reviewed the request of Mr. Forsline for a variance to extend the roof line of his house approximately seven (7) feet into the front yard setback to prevent excessive ice and snow buildup. Mr. Forsline is disabled with Parkinson's Disease and has problems with mobility. The entry area, as it is, is unsafe for him. Porches are allowed to extend into the front setback provided they are uncovered. The Planning and Zoning Commission recommends approval of the variance request. RECOMMENDED MOTION: Move to approve the variance for an extended roof at 1640 Innsbruck Parkway provided appropriate plans are submitted for a building permit and a restriction added to the deed for the property stating that this area cannot be enclosed. COUNCIL ACTION: CITY OF COLUHBIA EEIOHT$ Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date: ~ ca.. No, " F.., 2.Y Date Pard 1. Street Address of Subject Property~ 2. Legal Description of Subject Property~ o Applicant: O~ner: Name: Address Phone: ~. Description of Request: 6. Applicable City Ordnance N~ber Present Zon~E ,~/ ~ Proposed ZoninE Present Use Proposed Use 7. Reason for Requests 8. Exhibits Submitted (maps, diagrs=s, etc.) Acknowledgment and Si~nature: The undersi~ned hereby represents upon all of the penalties of lav, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned ~tll be done in accordance Pith the Ordinances of the City of Columbia Heights and the lays of the State of Hinnesota. Taken By: I Phoue SO. X-88~6 , ~070! N~oUet Avenue South Mhnespolis 20, Minn. PLAT OF SURVEY BeMe I Inch · ~0 feet Lo~ 2, Mook l&, Xnmbruo~ ~rd. Addition INN$~£lJCK ?~RK~IlA¥ IOZO This .urve7 ~l. mtde &nd eer~ifloa%e preptred for ~/~. ~.. ret the ~o0o o~ 8h~-c ~b bo~a~ie8 of ~ho l~ ~ tho CERTIFICATE OF SURVEY I hereby certify that on J~I~I~F~ 19 ~)~' l s~rvoyed the property de~qbed shove and that the above pht ts · correct representation of said survey. · ib / / CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning APPROVAL ITEM: Conditional Use Permit, S. Madda BY: Evelyn Ny§aard O1~'-' BY: NO: Case $9406-24, 4022 Central Avenue DATE: June 9, 1994 Mr. Madda is requesting a Conditional Use Permit to allow the operation of a specialty grocery store combined with a deli/restaurant at 4022 Central Avenue. The space consists of approximately 2,200 square feet on one floor. There are two existing entrances/exits, one at the front and one in the rear of the tenant space. Existing bathrooms are located in the rear and are shared with another (adjacent) space. The womens bathroom needs to have the partition redone to provide the required door widths. Toilet paper dispensers and other accessories will need to be moved to the correct height. Any other changes of non-conformities required to comply with ADA would be the owners responsibility. The rear entrance/exit does not have the required landing. However, this building was used as a restaurant for many years without mishap due to the lack of a landing. The Fire Department has inspected the proposed site and their requirements are noted on the floor plan. The Anoka County Health Department will be inspecting the proposed site and will be submitting requirements that will need to be complied with prior to opening of the business. The Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit provided all requirements of the Building Code, Fire Code and Health Department are met. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for the operation of a specialty grocery store combined with a deli/restaurant at 4022 Central Avenue provided all requirements of the Building Code, Fire Code and Health Department are met. COUNCIL ACTION: ccag694.no3 CITY OF COLUHBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Street Address of Subject Property, Legal Description of Subject Property:, '~. Applicant: 4022 Central Avenue N.E. Description of Request: Conditional Use Permit Phone: Cp./'-" Zonint: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use to allow the operation of a grocery store with a deli and Reason for Request: seating 8. Exhibits Submitted (maps, diagr~s, etc.) 9. Acknovled~ment and Si~nature: The undersi~ned hereby represents upon all of the penalties of lay, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned vill be done in accordance vith the Ordinances of the City of Columbia Heights · Taken By: CITY COUNCIL LETTER Meeting of: 3une 13, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning and Zoning APPROVAL ITEM: Special Purpose Fence, Ken Small BY: Evelyn Nygaard ~ BY:~ NO: Case ~9406-25, 4334 Madison Street DATE: June 9, 1994 At their meeting of June 7, 1994 the Planning and Zoning Commission reviewed the request of Ken Small for permission to install a seven (7) foot high special purpose privacy fence along and inside the north side property line of 4334 Madison Street from the front of the house to within three feet of the rear property line. Mr. Small was unable to obtain the required signatures of consent from the adjacent property owner as the house has been abandoned by the owner and the mortgage company does not yet have possession of the property. The Planning and Zoning Commission unanimously recommend approval of the request for the seven foot high special purpose privacy fence. RECOMMENDED MOTION: Move to approve the request for a seven foot high special purpose privacy fence along and inside the north side property line of 4334 Madison Street. COUNCIL ACTION: ccag694.no4 CITY OF COLUHBIA HEIGHTS Application For: Rezontng Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Fee, Date Paid Receipt No: 2. Legal Description of Subject Property: Applicants Name: Address: Phone: Owner, Address, 6. Zoning: Applicable City Ordinance Number Present Zoning Section Proposed Zoning Present Use Proposed Use Reason for Request: 9. Acknowledgment and Signature, The undersigned hereby represents upon all of the penalties of lay, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned rill be done in accordance vith the Ordinances o£ the City of Columbia Heights XSignature of Applicant, , _ Taken By, CEF~I~TICA~E ~ 'I~N~ ~ I, ~ request your w~tten c~%~nt to cc~struct (appllcsnt' S sddress) (ctistance ~ . ~e fence w~]2 be situated A true and accurate sketch of the locatic~ of the fence ~ the sppllcaut's property. avoid later m~sunders~ and (Be accurate lu your measurements; $1~,w111 c~licts. ) Acknowledzement end.Si~atu~es. ~he undersized fully mde~st~ the ~quest herein menticr~d and sg~ees to ccrment to its height, type and location. ~SIEnature . . Address ~gnature ; $~Idr~ss S~.atu~ ; Address Sl~ature ; Address CITY COUNCIL LETTER Meeting of: 3une 13,1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Plan/linE and Zoning APPROVAL ITEM: Special Purpose Fence, Klm Larson BY: Evelyn Nygaard ~ BY: '~'~. NO: Case #9406-26, 4148 Quincy St. DATE: June 9, 1994 Kim Larson has filed for permission to install a six (6) foot high special purpose privacy fence along and inside the side property lines of 4148 Quincy Street from the front of the house extending toward the rear of the detached garage on the south side of the lot and from the front of the house extending to the front of the detached garage on the north side of the lot. The signatures of consent have been obtained from the abutting property owners. The Planning and Zoning Commission unanimously recommend to the City Council the approval of the six foot high special purpose privacy fence. RECOMMENDED MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence at 4148 Quincy Street. COUNCIL ACTION: ccag694.no5 CITY OF COLUHBIA HEICHTS Application For~ Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Pee~ Date Paid Receipt No~ - / 2. Legal Description of Subject Property~ 3. Applicant Phone.. · ~4. Ovner~ . Addre Phone Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use Acknovledgment and Si~nature: The undersi~ned hereby represents upon all of the penalties of lay, for the purpose of lnducin$ the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned vill be done in accordance vith the Ordinances of the City of Columbia Heights $1snature of Applicant,, ,?~/V~/ . ~, ~ Date, Taken By: (appIicant's na~) (height of fence) (d.1.~tnnce) ~he fence will be situated A true and accurate sketch of the locati~ of the fence on the applicant's property. (Be accurate in your measurements; it will a~old later misunderstandings and cczd~Licts. ) 47? 129.15 Acknowledgement and.Si~atu~es. ~e undersigned f~y trs~erstands the request herein mentioned and agrees ~o cc~se~t to its height, t~pe and location. SXgnature _~ Y/y/vw -/~.-~~ ; Acm~ss 4 157~ ~ ~ ,'~r $tsnature ~/ - ' ; Address (/ Address _ CITY COUNCIL LETTER Meetin§ of: June 13, 1994 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Plannin§ and Zonin§ APPROVAL ITEM: Cond. Use Permit, Wallace Auto BY: Evelyn Ny§aardj~ Parts NO: Case #9404-14, 4817 University Ave. DATE: June 9, 1994 The Plannin§ and Zonin§ Commission reviewed the request of Wallace Auto Parts for a Conditional Use Permit to allow a truck/trailer rental operation in the parkinE lot at 4817 University Avenue. This operation would consist of a limited number of vehicles (three trucks, three trailers) in the desiEnated area. Due to this intensification of the operation on this lot, the business would be required to brinE all existin§ si§na§e into conformance with the Si§n Ordinance accordin§ to Section 9.117A(2)(b). The fence at the rear of the property is in poor condition and the sloped back area needs to be stabilized and protected from erosion. The Plannin§ and Zonin§ Commission recommend approval of the Conditional Use Permit to allow a truck/trailer rental operation at 4817 University Avenue limited to six (6) units on site and that all si§na§e be brou§ht into compliance. The site consists of five parcels, four forty foot lots and one ei§hty foot lot for a combined frontaEe of 240 feet. The lots are all under lease to Wallace Auto Parts. RECOMMENDED MOTION: Move to approve a Conditional Use Permit to allow a truck/trailer rental operation on a limited basis on property located at 4817 University Avenue provided the fence and sloped areas at the rear of the property are repaired within sixty (60) days and thereafter maintained. COUNCIL ACTION: ccag694.no6 CITY OP C&IA HEIGHTS Application For: RezoninS Variance Privacy Pence Conditional Use Permit Subdivision Approval Site Plan Approval Other Receipt Street Address of Subject Property.. Legal Description of Subject Property: Applicant: Ovner: Address: 9'~07 t/,vi ~ ~ coc I~Z~ Address, Phone: ~7~ - ~/3 / Phone, Description of Request: .~r~ ~_ ~ /-ta4,-f-e~-~ /~Gt~/~-/P._ ~F ~-~'~o7'~/~ Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use bison for Request.- 8. Exhibits Submitted (maps, diagrams, etc. ) Acknovledsment and Si~nature.. The undersisned hereby represents upon all of the penalties of lay, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all vork herein mentioned eill be done in accordance vith the Ordinances of the City of Columbia Heights and the lays of the State of~innesota. ~i~nature of APplicant,~/ ~te,Taken By: /ffi ~~//~/~ /- CITY COUNCIL LETTER Heetin8 of= April 11, 1994 AGENDA SECTIONs Communications ORIGINATING DEPT.s CITY HANAGER NO: 7 PlanninE and ZoninE APPROVAL ITEM: Cond.Use Permit, Vallace Auto Parts BYs Evelyn NyEaardcA~.. BY: NOs Case 19404-14, 4807 University Ave. DATE: ~ The Plann~nEand ZoninE Commission reviewed the request of Vallace Auto Parts for a Conditional Use Permit to allow a truck/trailer rental operation ~n the parkinE lot at 4807 University Avenue. This operation would consist of a lhaited number of vehicles (three trucks, three trailers) in the desi~nated area. Evelyn NyEaard stated that, due to this intensification of the operation on this lot, the business would be required to brine all existinE sisnaEe into conformance with the SiEn Ordinance accordinE to Section 9.117A(2)(b). he PlanninE and ZoninE Commission recommend approval of the Conditional Use Permit o allow a truck/trailer rental operation at 4807 University Avenue lhnited to six units on site and that all siEnaEe be brouEht into compliance. RECOMMENDED MOTION: Hove to approve the request by ~allace Auto Parts for a Conditional Use Permit to allow a truck/trailer rental operation on a limited basis on property located at 4807 University Avenue. COUNCIL ACTION: May 20, 1994 To Who It May Concern: Wille Sales Inc. has owned the 6 lots on 48th and University Avenue from 1954 to the present. We do not intend to sell any of these lots now in the near future. John L. Wille 1516 Etna Street St. Paul, Minnesota 55106-1420 '..... :.. · ',,. -- 3 'HIS~' ' - '-.:-' ::'--:'":" ,: '-';:~ ,,.~ . " :~-' ~ ~d .... ~ ', I ~~ - ! ' ' ~i :' ~ I ~ ~"',':'~":' ~:.~ "'r .: ' '"~-~ t ii ,~ .. . ~ . .:,;.~ ,~~ _..l~t, ~ / ~ . , ~ '-/~'. ~ ..~- - "X '~ 'i-. ;' .-~ '" --~' .~.-'~ ~ ~' ":"'" .--~'-',' " '~, i' / . ~, .~ ':'~ ~~...-.... .-:- . .-.,.. / ~ ~ 5 ~ - I/~. . ' ' - i ' !~ ~ 5. ~ ...... :i, -~-.- ..-. .i : ..~ :i / ~ ,i ,~ . /~~. - ~ , / i i~: ~ i ' -~ ~ '-'~- · '~ ~ '1  ~l .~ . ~~' . - "1 . ~ . .,~- . .. . . . "~ ..., · . .- - - i, I /- , .... ' '- ." . -.:-:.- .... '.-:- ..: ...... !--- 1,. ~,;~ ~ - ~ : . . . . . , ., / . . ~' ~ I /~ -~ ..- - -.-'-~ .~ .. ~ . ! /~ . ' ......... '.-'-- ~ ' :I ,~ IY - - .' I ' '~'"' "~ ',' -' "~. '-' ~ ~ /o' ' ' :'." ~' '' '' ~ 1 / " / · ~.~ .:..:, ~-., :-.-:_~..,~, ~-~:--:: :. -:'; ..~ -. ~ ~, /~ .... ~-:,.:~~'~-:: ~.~:_.~/::;:':, -----~ .'. ' · ' "~ ~, / .~, ] , ,.0~.-,. .... . :.:.,~- , :. : ~ / · u '~ :.': ~ ~V:~? ~'t?;'~'~'---z;' ,.',..... . '- :'~ -- - - --: ~ ' ~ ~ - . . - ,~ --~.,. .~ -'~, -- .. .-~ ~ . I '"t~'::~t~ ~ ~: ~-~'-~' :'~?~:~"'~:" "' ' '" ~': ~ ~ ' ~ -.-'-,~~'~ ~-'-.::~"1 ~;:'~'-t:-"'" .._ .. ~"..~/.; ' . · ': ::.' ,~--'..:~q.'.;t5 --.:'" ' --' .' - - ~ i '~ '~ . "'~1' '':~'"-' '" '" '" ' '"'- ' ~' ~ '~ :. ~ :.~-'~ ., - . . ...:.: . . . .. , ~.-, ~ ~.-...~.... - . I. -.:__. ~ · I CITY OF COLUMBIA HEIGHTS Meeting of: June 13, 1994 AGENDA SECTION: 7. COMMUNICATIONS ORIGINATING DEPT.: CITY MANAGER a. Planning and Zoning CITY PLANNING/HRA APPROVAL ITEM: LOT RECONFIGURATION ON 500 BLOCK BY: DON SCHNEIDER B~~ OF 38TH AVENUE N'E' ~ '~, ~ DATE :~7~. ne 8' ~4 '~? Prior to sale of four City and HRA (CDBG Program) owned residential lots in the 500 Block of 38th Avenue N.E. (564, 570; 572 & 578 38th Ave. NE) it appears desirable to reconfigure the lots. As now configured, one small (non-contemporary) single family house could be built on one of the parcels (40 feet x 123 feet) and a contemporary or single family house could be built on the 65 feet x 123 feet parcel. The two 35 feet parcels are not buildable lots unless combined. Neighborhood resident-property owners would prefer to see single family homes built on the lots. The Planning and Zoning Commission considered the matter at its June 7 meeting and recommends that the City Council authorize staff to proceed with the necessary lot splits and combinations (and easement cancellations and variances as necessary) to create three 58 feet x 123 feet lots so as to enable construction of contemporary size houses on the property. A policy decision is needed prior to proceeding with the lot split/combination action. Attached are copies of the area plat map showing the four parcels as they currently are platted, 3 option maps, and two pages from the City Zoning Ordinance in regard to lot splits and R-2 zoning requirements. RECOMMENDED MOTION: Move to authorize staff to proceed with actions necessary to complete the lot splits and combinations (and easement cancellations and variances as necessary) so as to (after formal City Planning and Zoning Commission and City Council approval) create two new 58.3 feet x 123 feet parcels and one 58.4 feet x 123 feet parcel from the splits and combinations of Lots 9, 10, 11, 12 & 13, Block 89, Columbia Heights Annex to Minneapolis (currently 564, 570, 572 and 578 - 38th Avenue N.E.). OPTIONAL MOTION #1: Move to approve proceeding with the action necessary to complete lot splits and combinations (and easement cancellations and variances as necessary to create two 52.5 feet by 123 feet parcels and one 70 feet by 123 feet parcel from the splits and combinations of Lots 9, 10, 11, 12, and 13, Block 89, Columbia Heights Annex to Minneapolis. OPTION MOTION #2:: Move to approve retaining the current parcel configuration on the subject parcels at 564, 570, 572 and 578 - 38th Avenue N.E. cc: Evelyn Nygaard COUNCIL ACTION: \bt\council.for 0 ?T.Z'OA; # i I'Z.% ' IZ3' IZ.B' ~earking is restricted to an area for a distance from the abutting dge of the "B" or "1" Dlstrlct equal to the combined widths of three continuous platted lots or 150 feet, whichever is greater; and no public street divides such parking area. (c) Day nursery, provided not less than 75 square feet of outside play space per pupi) is provided and said space is fenced. 9.108 (3) Permitted Accessory Uses Within the "R-2" One to Two Use District, the following uses shall be permitted accessory uses: (a) Any use permitted in Section 9.107(3) and as regulated therein. 9.108 (4) Lot Area~ Height~ Lot Width and Yard Requirements. (al No structure or building sha]l exceed three (3) stories or thirty- five (35) feet whichever is the lesser in height except as provided in Section 9.116{16). (bi A side yard abutting on a street sha]] not be less than ten'(10) feet in width. C (.c) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this Section and Section 9.116(16). *Minimum Height Lot Area Lot Width Front Yard Side Yard* Rear Yard I story 6,500 sq. ft. 60 ft. 25 ft. 5 ft. 30 ft. 2 story 6,500 sq. ft. 60 ft. 25~ft. 5 ft. 30 ft. 3 story 6,500 sq. ft. 60 ft. 25 ft. 10 ft. 30 ft. (~¥__*Minimum lot area for two families shall be 8,400 sq. ft. **All such lots shal) provide two side yards, however, if such lot is not accessible from an opened rear or side public alley or from a public side street, such lot shall provide one yard of not less than ten (10) feet with the difference of the combined sum of the required side yards being the other side yard. 309 9.&07 (1) 1men the /ands of · subdivision are thenselves contained in and are · part of · plat airasdy approved by the City, or ~f n6t approved, are'~f · plat recorded anong the County records prior to and v~th- out the necessity of approvLl by the City, or of · registered land furvey recorded mong the County records as provided by /ay and the PcorOposed "lot split" 1o v~th respect to one of the forqotng, the imctl by ua~ortty vote my approve ouch lot split. C ~.~o7 (2) Amended 10/11/93 Ord. 1278 Whenever such ~'lotsplitt' is to be made hereunder, such subdivision can be made without further platting with approval of the Council if the Councll shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the maEing of assessments and keeping of.recordS connected therewith; does not result in the creation of any parcel (within or without the subdivision) of a size in area which is less than is requi~d for purposes of construction of a building on such parcel under the zoning la~s and bultding regulations of the City, and does not result ih"- the creation of any parcel which is less than the minimum lot width required by the Zoning Code for building on the said parcel. Any vaPiances required or requested for said lot~plit, shall be sought and approved pursuant to Section 9.105(3) of the City Code. In no case shall a variance for lot width be granted so that any lot is less than 90~ of the .required lot width. The Councll must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; that the subdi~islon is in accordance with the goals of the prevailing zoning ordinances and City plan; and that the subdlvlS~on has provided such plans for drainage, streets, sewers and other public utilities as is consistent'with sound engineering and 'planning standards. 9.&07 (3) Upon application for a lot split, the subdivider ohs/! eutm/t an application fee of $10.00, or such other amount as my be subsequently aec by resolution of the Counc~. and shall submit a sketch shoving the proposed lot split and necessary drainage and public utility plans to the Columbia ~eights ~uhlic Services Department. Such plans shall be submitted to the Planning and Zoning Cmm/sstou ~h/ch ohs11 give a report to the City Council either recounending'approval or defeat of the proposed lot optiC. Ho person shall sake or record any lot or Percel of land in · subdivision in v~tch · lot has been rplit vithout hying first having eubnttted the sane to the Count1/ for approval and vithout having the Council approve the lot rplit by Count1! resolution hereof and by any other agencies and officiab vhose approval is required by lay, including County Platting authorities and shall have been duly recorded. - 477 - CITY COUNCIL LETTER Meeting of : JUNE 13, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPT.: CITY MANAGER NO: 7 CITY MANAGER' S APPROVAL ITEM: REQUEST TO VACATE ALLEY BY: PATRICK HENTGES BY NO: ~7 C DATE: JUNE 3, 1994 On May 31, 1994, Perry Wagamon, who owns the property at 3707 through 3741 3rd Street, brought in a letter requesting that the City vacate the concrete alley adjacent to his east property line and to the neighbor north of him. Wagamon Brothers and Ernest and Betty Paulson are the only owners of property along this alley located between 37th and 38th Avenues and 3rd Street to University Avenue. Attached are letters from the Police and Public Works Departments stating that they have no objections to closing the alley. However, the Fire Department has concerns that are addressed in the enclosed letter. To avoid an unkept area, because University Avenue right of way is on the East line of the alley, I would recommend that the Ordinance state that the 14 feet of vacated alley be granted to the property owners along the west line of the alley. RECOMMENDED MOTION: Move to direct the City Manager to prepare ordinance calling for the vacation of the North-South alley located between 37th and 38th Avenues and east of 3rd Street N.E. subject to granting the 14 feet of the vacated alley to the adjacent lots along the west alley line. JG/alyvacat.req COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Public Works Department TO: PATRICK HENTGES ~^y z CITY MANAGER a~ MARK A WINSON I ~ PUBLIC ~V~RKS DIREC~R/CITY ENOINi~-R FROM: SUBJECT: DATE: VACATION OF AI.I.EY ADJACENT TO WAGAMON BROTHERS MAY 4, 1994 The alley in question is a concrete paved alley between 37th Ave. and 38th Ave. on the west side of University Avenue. The City does not have any utilities in the alley. There are private overhead utilities just east of the paved alley. Wagamon Bros. should present a written request to the City to vacate the alley. It would be preferable if they were to have Kramer Tire (3707 3rd) and the owners of 3757 3rd (Ernest and Betty.P-owett, 112 Windsor Ct., New Brighton, MN 55112) join in the request so that the entire alley is vacated. Thc City Council would need to vacate the alley by Ordinance and I believe it would require two readings. Jane Gleason should be able to provide you with the exact procedure. The Engineering Department will assist in providing the proper doc_umentation. MAW:jb 94-279 Wagamon Bros. Engine 3719 - 3rd ST. N. E. - MINNEAPOLIS, MINN. 55421 PHONE 789-7227 May 31, 1994 Attn.: Columbia Heights Council Persons; Please let this letter serve as a formal request for the City of Columbia Heights to vacate the alley east of 3rd Street between 37th and 38th Avenue. We, the adjacent property owners feel that with the alley being closed to the public we would be better able to control the theft and vandalism that has been a persistent problem. Respectfully submitted, Property Owners, Wagamon Brothers Perry Wa(amon ~- Emie Paulson COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Patrick Hentges, City Manager Leonard M. Olson, Police Captain Wagamon Brothers Engines' Request to Vacate Alley June 2, 1994 The Police Department has learned of the request made to the City by Wagamon Brothers Engines, 3700 block of 3rd Street. Wagamon's Brothers Engines has experienced numerous security problems on the alley side of their business for years. Police reports range from vandalism to thefts, and occur far too frequently. Stepped up patrol helps, but it is, indeed, a short term cure. Access to the rear of the business is easy from the alley and, obviously, contributes to the opportunity to commit crimes. The Police Department would not be opposed to the City vacating the alley and selling the property to Wagamon's so they can secure the eastern side of their property. Police patrol techniques certainly would not be affected by the proposed changes. Should you require further information from the Police Department, please contact me. LMO:mld 94-151 Columbia Heights Fire Department To: From: Subject: Date: Assessing Department Charles Kewatt, Fire Chief Alley Vacate June 9, 1994 Vacating the alley will be no problem with the Fire Department, but we suggest that there be a gate installed at each end of the alley to include lock boxes for entrance. CWK:cf 94-83 CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER'S APPROV~.~ ITEM: BLOCK PARTY R~QUEST - 4118 MONROE BY: PAT HENTGES BY: NO: '7 · D, DATE: 6-8-94 DATE: Attached is a letter from Sandra C. Bauer of 4118 Monroe Street N.E. to conduct a neighborhood block party on Sunday, June 26, 1994, from 4:00 PM - 9:00 PM with barricades blocking off the east and west ends of the 4100 block of Monroe Street. Brochures regarding Crime Watch will be circulated, and the party will also be used to meet and welcome new neighbors. RECOMMENDED MOTION: Move to approve request of Sandra C. Bauer to barricade 4100 block of Monroe Street from 4:00 PM to 9 PM on June 26, 1994, for the purpose of conducting a block party. COUNCIL ACTION: CiTY '"" Sandra C. Bauer 4118 Monroe St. NE Columbia Heights, MN 55421 May 25, 1994 City Council of Columbia Heights City Manager's Office 590 - 40th Ave. NE Columbia Heights, MN 55421 Re: Proposed Block Party -4100 Block of Monroe Dear Gentlemen: I would like to have the 4100 block of Monroe St. blocked off from 4:00 pm to 9:00 pm on June 26, 1994 for the purpose of having a block party. I have talked to Roger Peterson of the Police Department about Crime Watch and have received some brochures to distribute to my neighbors. There are many new residents on this block and I feel we should meet each other. If there are any other requirements to do this please let me know. Thank you. Yours very truly, Sandra C. Bauer P.S.: My, phone number is 781-3038. CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER' S APPROVAL ITEM: ASSOCIATION OF METROPOLITAN BY: PAT HENTGES BY: MUNICIPALITIES (AMM) LEGISLATIVE REPORT DATE: 6-9-94 DATE: NO: 7 Councilmember Bruce Nawrocki was the city's liaison to the Association of Metropolitan Municipalities. He will provide a report on this item at the City Council meeting. The Association of Metropolitan Municipalities attachments are an informational item. COUNCIL ACTION: a ociat[gn of metr. oj::)o!i.t, gn munlclpalll'le. BULLETIN May 25, 1994 To: FROM: RE: Mayors, Managers/Administrators, Legislative Contacts Veto Peterson, Roger Peterson, Nicole Debevec Legislative Fallout on City Matters Enclosed is the final summary of major AMM issues and bills impacting AMM Policy. Also included is a copy of the AMM critique of the Metropolitan Council's draft Regional Blueprint. A status chart of all AMM policies follows the narrative. Of the 62 AMM action policies, 31 were passed or upheld fully (50 percent); 12 were partially accomplished (19 percent), 16 were not discussed or the issue did not pass the ftrst committee, and 3 failed. APPROXLMATELY 70 PERCENT OF ALL AMM POLICY WAS EITHER FULLY OR PARTIALLY ACCOMPLISHED DURING THE 1994 LEGISLATIVE SESSION. 3490 le. xington avenue north, St. paul, minnesota 55126 (612) 490-3301 I. OMNIBUS TAX BILL. HF3209, LAWS 1994, CHAPTER 587 A. Local Government Aid (LGA) · 1994 Shortfall. The final Omnibus Tax Bill provides that LGA/HACA will only be adjusted if the forecast surplus or shortfall exceeds 2 percent of the biennial trust fund revenue. The shortfall would have to grow to $36 million from the current projected $29.5 million before the December 1994 distribution is impacted. Additionally, the crime bill has a HACA offset of about $2.5 million so that the total LGA/HACA cushion from current projected shortfall is $9 million. · Re-grandfathering. Beginning with the 1995 aid distribution, the previous ungrandfathefing is repealed. Aids will be grandfathered at the 1993 level. Thus, no city will receive less than it received in 1993. Increases to LGA after 1993 (e.g., 1994, 1995, and so on) will be accumulated and recalculated based on the formula each year. Therefore, depending on the formula element changes, a city's aid could decrease between 1994 and 1995, or 1995 and 1996, but the decrease would not be less than 1993 levels. · First Class City Gap. A permanent cap on aid increases is imposed on First Class cities that limits their percentage increase to the percentage increase of the total city LGA appropriation. · Local Government Trust Fund / Local Government kid Index. The LGTF continues through June 1996 for aids payable in calendar year 1995. The LGTF is repealed July 1, 1996, and replaced by an index based on the Implicit Price Deflator for state and local government purchases (IPD). The index for LGA for calendar year 1996 and beyond is subject to a minimum increase of 2.5 percent and a maximum increase of 5 percenC · LGA for 1995. The city LGA increase for 1995 is set at 2 percent. This increase will be appropriated through the LGTF and distributed based on the LGA formula adopted in 1993, subject to the new grandfather language. It is not subject to increase or decrease based on LGTF revenue since those adjustments can only be made in the second year of the biennium. By then the LGTF will have been replaced by the IPD. · LGA for 1996. The city LGA increase for calendar year 1996 is estimated to be 2.8 percent based on the estimated IPD index. It cannot fall below 2.5 percent or above 5 percent. It will not be subject to LGTF vagaries since the LGTF will have been repealed. Distribution will be by the 1993 formula subject to the new grandfather provision. The only caution is that the Legislature will meet in 1995 prior to certification of 1996 aid and could make further changes. · HACA. The Legislature was absolutely resolute in its refusal to consider any modifications or additions to HACA. Both tax committees rejected any consideration for indexing or straight increases even though HACA accounts for about 40 percent of all city aid. · Half-Cent Optional Local Sales Tax. The half-cent sales tax supported by cities and adopted by counties in 1991 to beef up state revenues and the LGTF is made a permanent pan of the state's sales tax upon repeal of the LGTF on July 1, 1996. · Replacement Capital Equipment Sales Tax Reduction. Beginning June 30, 1994, the sales tax on replacement capital equipment begins phasing down over a five-year period to 2 percent. It is important to note that the reduction does not affect revenues in the LGTF as Originally drafted. Other General Provisions · Limited Market Value. The sunset for Limited Market Value is moved one year forward. It will expire after assessment year 1997 rather than 1998. · This Old House. There were many changes to the '~l'his Old House" valuation exclusion law. Some were cosmetic and clarifying. Some were major changes in qualifications in addition to the 35- year-old age rule to correct perceived abuses. Major qualifying changes made: 1. Market Value: Maximum of $150,000 or less, or 2. Market value over $150,000 but less than $300,000 if the house: A. is located in a city in which at least 50 percent of the homes were built before 1960 based upon the 1990 federal census and B. the city median family income is less than the statewide median income based upon the 1990 federal census. Some other changes include requiring an application, minimum improvements of $1,000, age of house must be age at present location, some improvements made in 1992 qualify, garage improvements limited to one two-ear garage per residence, and limitations on size of residence increase or decrease due to the improvements. · Assessors Sharing Information. The law is c~afified to allow sharing of income and expense data used by assessors to determine commercial and rental property values among city, county and state assessors, but that the data remain private or non-public to others. · Property Tax by Square Foot Study. The Department of Revenue mn conduct a study on the feasibility of basing property taxation on square footage of land and buildings, using available data from Hennepin and Blue Earth counties. · Budget Reform. The Govemor and Legislature are required to set state and local government revenue targets as a percentage of Minnesota personal income before enacting a biennial budget. A. Local Revenue Forecasts. Requires the commissioner of revenue to forecast local govemment revenues in November and February of each year. These forecasts must be broken down for school districts, counties, and cities and towns with populations over 2,500 (as groups, not individual entities). The commissioner must prepare separate estimates for property taxes, state and federal aids, local sales taxes and all other revenues. As part of the February estimate, the commissioner is to report to the Legislature on which groups of local governments exceeded the Governor's and the Legislature's local revenue targets for the most recent biennium. B. Definition of fee revenues. Requires the commissioners of finance and revenue to forecast separately the amount of governmental fee revenues for the state and local government revenues. These amounts of fees ("departmental earnings") are included in the revenue targets as "other revenues." C. Notification of local units. Requires the commissioner of revenue to estimate the increase in Minnesota personal income (based on the finance depamnent's revenue forecast) and notify the local governments subject to truth-in-taxation of this percentage by July 15. D. Troth-in-taxation notices. Requires troth-in-taxation notices to include the estimated percentage increase in Minnesota personal income for the budget period covered in a way that will permit comparison with the proposed tax and budget increases of the local governments. These provisions are effective for taxes payable 1995. At this time there are no requirements that budget or revenue be held to the percentage of personal income increase, although this concept was in the original bill. · Board of Government Innovation and Cooperation. A number of technical amendments were made to the process for waivers and grants, including a scoring system for grant applications. An additional $2.2 million was appropriated for grants and adminislration for fiscal year 1995. · Tax Increment Financing (TIF). No changes to general TIF law were adopted in the final bill. The Senate had proposed a number of provisions to help TIF while the house had suggested a number of"bad" provisions, including county approval/veto and volume cap limits. In the end, the "best choice" for compromise was "no change." However, the final bill did include a number of special service districts, port authorities/EDA authorizations and 10 exceptions to TIF provisions for specific cities/projects. (This may be the wave of the future - each city requesting a special law to modify general law for a local TIF district.) !1. METROPOLITAN GOVERNANCE REORGANIZATION. SF2015, LAWS 1994, CHAPTER 628 The most significant change to the metropolitan govemance system since creation of the Metropolitan Council and the Metropolitan Transit Commission (MI"C) by the 1967 Legislature occurred this year. After two years of intense discussions and examination by the Legislature, the AMM, "good govemment" groups and others, many significant changes were made. Many of the changes are c~n~:~tent with AMM policy and philosophy---but several of the changes are not. The AMM policy position revolved around four essential themes: 1. The metropolitan governance system should be more accountable to the residents of the metropolitan area who pay for and are served by the governance system. 2. The Metropolitan Council should focus on long-range planning and regional problem-solving. 3. The relationship between the Metropolitan Council and the implementing agencies should be streamlined to ensure effective, efficient implementation of Council policy with the least amount of Council oversight. 4. The intemal Council operations and staff should be more efficiently managed. · Selection of Metropolitan Council Members. The Council continues as a 17-member body appointed by the governor. Sixteen represent districts and there is an at-large chair. Members no longer serve staggered, four-year terms. They now serve at the pleasure of the governor, and their terms are coterminous with the govemor. The chair's salary was reduced to $52,500 and the other Council members will receive an annual salary of $20,000 instead of the $50 per day per diem payments. The current arrangement continues until Jan. l, 1995. · Regional Administrator. The Council chair no longer appoints the Council staff. The Council as a whole appoints a Regional Administrator who "hires and fires" the Council staff and organizes their work. The Regional Administrator serves at the Council's pleasure. This arrangement is pattemed after the City Manager system. The Council also appoints the General Counsel who reports to the full Council. · Metropolitan Agencies. The MTC and the Metropolitan Waste Control Commission (MWCC) am eliminated as of July l, 1994, and their duties, assets, responsibilities and staffs are transferred to the Metropolitan Council. The Regional Transit Board (RTB) expires as of Oct. l, 1994, and its duties, responsibilities and staff are transferred to the Metropolitan Council. The Metropolitan Airports Commission (MAC), Metropolitan Parks and Open Space Commission (MPOSC) and the Metropolitan Sports Facilities Commission (MSFC) remain as they are. 4 · Transitional Organization. After Jan. 1, 1996, the Metropolitan Council basically is free to intemally organize its staff, operations and budget as it sees fit. However, until that date, the Legislature mandated a number of parameters to govem the new organization during this 18-month transition period. 1. The Council must organize staff into four divisions: T~rtation, Environment, Community Development and Administration. 2. The Council must have seven department heads: Transportation Director, Environment Director, Community Development Director, Administration Director, Transit Manager, Wastewater Services Manager and General Counsel (NOTE: Except for the General Counsel, the others are hired by the Regional Administrator, subject to Council approval, but they may be removed by the administrator without Council approval.) 3. The Council must create at least three standing committees: Transportation, Environment and Community Development. 4. The Council is prohibited from transferring money from flae funds of one abolished agency to another without 10 days' written notice to each Metropolitan Council member and approval by three-fourths vote of the full Council membership. 5. The Council may not terminate, except for cause, or lay off any permanent or regular staff employed by any of the abolished agencies as of March 1, 1994 before the first Monday in January 1996. · Externe~ Council Relationships. While the internal structure and operating procedures were changed dramatically, no changes were made with respect to the Metropolitan Council's external role or authority. The Council's general authority with respect to local units of government was neither increased nor decreased. It was given no new authority not already contained within the metropolitan governance structure. · Beyond Transition. The Metropolitan Council after Jan. 1, 1996, is free to change its internal structure, staff organization and budget procedures as it sees fit. This means that the Metropolitan Council which was created to serve as a policy-making and planning body and has done so for 27 years will now become a full-fledged operating agency with approximately 4, 000 employees and with an annual operating budget of more than $300 million. III. OTHER BILLS OF METRO INTEREST. · A. Waste Management Act Amendments. (SF1788, Laws 1994, Chapter 585) Several modifications were made to the Waste Management Act but none that has a direct impact on the way cities manage solid waste collection within their borders. The main provisions are: 5 1. Bans the sale in Minnesota of some athletic shoes with lights triggered by a mercury-activated switch hidden in the sole of the shoe. 2. Allows the MPCA to provide grants to build and improve regional solid waste facilities that compost, incinerate or use garbage as fuel. 3. Bans landfills from accepting separated recyclable materials. 4. Improves the Office of Waste Management's methods for analyzing the amount of packaging material that goes into the solid waste stream. 5. Requires people who recycle CFCs (chloroflourocarbons) from appliances to be trained and certifiecl. 6. Awards grants to help build regional waste transfer facilities but only if the facility contracts for 10 years to Wansfer non-recyclable waste to an incinerator or composting facility. 7. Allows for oil filters and anti-freeze to be recycled at a municipal recycling facility that bums waste. · B. Landfill Cleanup. (HF3086, Laws 1994, Chapter 639) Establishes a landfill cleanup program apart from the litigious and expensive Supeffund Law. The state will pick up the tab for cleaning up many of the contaminated municipal landfills. Under current law, that burden usually is shouldered by business and local government. Under the new law, the state will generate money to pay for the program by raising the fee businesses and local governments pay on garbage they generate. It's called the Solid Waste Generator fee. The Solid Waste Generator fee will increase from 12 cents to 60 cents per cubic yard. Households will continue to pay the $2 annual charge. Also, the new law allocates $90 million from the sale of state bonds over the next 10 years. Under the new law, the state will take responsibility for quickly cleaning up landfills, rather than look for "responsible parties" under the current law. Some businesses and municipalities that already have paid for landfill cleanup, or are currently paying under a cleanup order will be eligible for reimbursement. In addition to the cleanup provisions, many of the provisions of HF2920, Chapter 544, (vetoed by the governor) dealing with re-establishing the Office of Waste Management as the Office of Environmental Assistance were included in this chapter (639). Most pertinent for the seven-county metropolitan area, all of the Metropolitan Council's solid and hazardous waste management personnel, powers and duties-as defined under Minnesota Statutes, Chapter 11SA and 473-are transferred from the Metropolitan Council to this new Office of Environmental Assistance. The director of the Environmental Assistance Agency is appointed by the MPCA commissioner. · C. Manufactured Home Park Zoning. (HF2666, Laws 1994, Chapter 473) Prohibits local units of govemment from changing certain zoning requirements for manufactured home parks constructed before January 1995 if the park met the zoning requirements when originally construct. · D. Housing Issues: 1. Metropolitan Council Housing Bond Credit Enhancement Program. (HF3209, Laws 1994, Chapter 587) The 1992 Legislature established a general obligation backed housing revenue bond program. The program required public ownership and imposed income limits. The 1994 program for the Metropolitan Council is similar to the 1992 program, except for the following provisions: · The income limit is 60 percent of the median family income. · The Council, in consultation with housing providers, must develop program priorities. The legislation directs the Council to give priority to projects that construct or rehab housing for low-income households. The Council also must consider if a project will collaborate with Minnesota Youth Build or training programs for the homeless. · The Council's limit under the program is $20 million. · The bond coverage must be 110 percent of interest and principal due in the bonds. · The Council is authorized to establish a debt reserve and use up to $3 million of proceeds of solid waste bonds to fund the reserve. The Council also may levy for the reserve. 2. Metropolitan Housing Council Housing Redevelopment and Rehabilitation Study. (SF1740, Laws 1994, Chapter 577) The Metropolitan Council is directed to study what standards local units of government should use when evaluating the costs and benefits of housing redevelopment and rehabilitation in the metro area. Costs and benefits must be evaluated with respect to their impact on the price of housing, and their impact on the supply of safe-sanitary and affordable housing for low-income persons. The study must, at a minimum, consider: · The roles of state, federal and local agencies, as well as non-profit and for- profit developers. · The relative costs and benefits of redevelopment and rehabilitation of rental and owner-occupied housing. · The costs and benefits associated with achieving multiple public goals of neighborhood stabilization, revitalization, beautification and infrasUucture improvement. Building codes, zoning, all public and private finance costs, and current funding mechanisms also will be considered. The study including recommendations must be completed by July 1, 1995. All agencies within state and local government involved in housing in any way are required to provide information and cooperation upon request. · E. City Vehicle Marking. (HF3011, Laws 1994, Chapter 635) All city and other political subdivisions must have the city name permanently displayed on both sides of all city-owned or city-leased vehicles except marked vehicles used in general police and fire work and arson investigations. The city name letters must not be less than two-and-a-half-inches high and one-half-inch wide, be in a'color that contrasts with the vehicle, and must be kept clean and visible. The effective date is Aug. 1, 1994. · F. Road Pricing Study. (HF3011, Laws 1994, Chapter 635) The commissioner of transportation and the Metropolitan Council are directed jointly to study road pricing options. This specifically includes the option of replacing the present highway user taxes on motor fuel and vehicle licenses with a highway user revenue system based on a charge for number of miles traveled by a vehicle annually. It must include an analysis for charging based u£~'" time of day traveled and congestion of roadways used. Also, it must include analysis of'public acceptance, road pricing impacts, implementation costs and options for testing in metro and non-metro areas. The final report is due Jan. 15, 1996, and must include recommendations of future actions needed to move toward implementing a road pricing system in Minnesota and/or the metropolitan area. · G. Best Practices Audit. (SF2913, Laws 1994, Chapter 632) The Legislative Auditor is directed through its Program Evaluation Division to examine the procedures and practices used to deliver local government services by municipalities and counties. The examination includes determining the methods of local government service delivery, identifying variations in cost and effectiveness and identifying practices that save money or provide more effective service delivery. The auditor will recommend to local governments service delivery methods and practices that would improve the cost- effectiveness of the services. The auditor and the Board of Government Innovation and Cooperation will notify each other of projects being conducted that relate to improving local service. The Legislative Audit Commission will identify local government service that will be reviewed upon advice from an advisory council whose membership includes: 1. Three representatives from the Association of Minnesota Counties; 2. Three representatives from the League of Minnesota Cities. 3. Two representatives from the Association of Metropolitan Municipalities. This law sunsets June 30, 1999. · H. 800-MHz Trunked Radio System. (SF1626, Laws 1994, Chapter 424) This law extends a moratorium for a certain group of radio channels in the 800-megahertz band of the radio spectrum for one year, until June 30, 1995. It also extends the the reporting time for the Metropolitan Radio Systems Committee to submit its final report to the Legislature until Feb. 15, 1995. The committee presented its preliminary report to the Legislature this past February on the need and potential use of a tmnked radio system for public safety and public service vehicles. As yet, the committee has not recommended a governance structure nor financing alternatives. AS planned, the 800-MHz trunked radio system, which expands metro-wide the capability for simultaneous multiple conversations over two-way radios, would begin with a "backbone" of towers and links. AS envisioned, users could "buy in" to the system at whatever service level they wish whenever they can. IV. VETOED OR NOT PASSED ISSUES · A. Comprehensive Choice Housing. (HF2171, Chapter 594, vetoed). Directed the Metropolitan Council to adopt voluntary guidelines for metropolitan area cities to establish affordable housing. Directed the Met Council to examine each community's zoning and developmem practices to determine if these practices contain barriers that prevent the development of affordable housing. The bill also called for the Met Council to allocate affordable housing to each community based on a formula. The bill as introduced contained penalties for those cities that did not remove barriers. The penalties provisions were removed before passage in both the House and Senate. The bill was vetoed by the Governor. · B. Transportation Funding. (HF3109-Osthoff; SF2097-Langseth) As predicted early in the session, no new significant transportation funding for highways or transit was adopted. Not only did the Govemor steadfastly stick to his "no new tax" pledge, but the diverse factions within the Legislature could not come to terms on a funding package among themselves. The Senate and the House both developed a version of gas tax increase for highways and use of the Motor Vehicle Excise Tax (MVET) for transit, but their implementation differed vastly. The Senate supported a retroactive gas tax index (4.4 cents per gallon) and increasing transit by $20 million from MVET. This version included a provision that should Iransit funds be reduced in the future there would be a corresponding gas tax reduction. The House position was similar on gas tax indexing, but it provided for two constitutional amendments. One would dedicate 30 percent of the state's 4.5 percent MVET tax to transit. The other would allow gas tax and vehicle registration fees (highway users fund) to be undedicated in the metro area so these funds could be used for transit. Finally, indexing of the gas tax was linked to successful passage of the MVET transit constitutional amendment. An earlier House proposal to apply sales tax to gas at the pump and split proceeds between highway and transit drew little support from either side. Although Prairie Island and the Target Center bail-out issues took top honors for legislative contentiousness this year, the highway versus transit funding issue has to be ranked very high on the list of major continuing contentious legislative items. Regardless of the outcome of this year's gubemtorial election, the administration outlook on increased highway and transit funding should ease considerably. However, the antagonism between transit and highway advocates and urban and rural interests within the Legislature will not change. Transportation funding will be a major 1995 issue. It will be a very difficult issue for all concerned. · C. Metropolitan Reinvestment Fund Act. (HF2174-Orfield; SF1875- Mondale) The Reinvestment Fund bill died in the House Taxes Committee and the Senate Jobs, Energy and Community Development Committee. Although nothing passed this year, concern and awareness are growing among legislators that significant funds or a money- raising mechanism must be enacted if housing problems are to be solved. The current stream of money is not sufficient to provide necessary buy-downs for low and moderate housing in the developing areas, nor is there sufficient funds to allow redevelopment within inner-ring and core city neighborhoods. The reinvestment bill as first proposed would have used all property tax collected on home value in excess of $150,000 and raised about $120 million in the first year. Its major drawback was that lower valued homes would experience large tax increases to recover the property taxes lost under the plan. This scenario would hold tree even in mn-contributing cities because of county tax rate increases. Toward the end of the session, both authors altered the proposal to capture 40 percent of the new growth of home value over $200,000 which dramatically reduced the initial fund level. The House author also included a graduated deed tax increase. This issue, the problems and the need for solutions will be a major discussion point in 1995. The legislative mood and apparent direction seems to be tax base sharing or increment-like programs, using all or a portion of home value over a level of $150,000 or $200,000. Cities must work toward acceptable solutions or proposals if they want to have an impact on the final legislative product. 10 a$ ociat[gn of metroDohtan municipalities May 25,1994 To: AMM Members FROM: Vem Peterson, AMM Executive Director RE: AMM Critique of Metropolitan Council's draft Regional Blueprint. Attached is a copy of the AMM's comments regarding the Metropolitan Council's draft Regional Blueprint, which replaces the former Metropolitan Development Investment Framework. The critique was approved by the AMM Legislative Coordinating Committee, acting on behalf of the Board of Directors, on May 16. You may wish to review the critique and refer to it as a guide when developing your remarks as you respond to the Regional Blueprint. Should you have any questions or comments about the AMM response, please call me at the AMM office, 490-3301. While public discussions and public heatings on the draft were completed over the past few weeks, written comments will be accepted by the Metropolitan Council until June 6. Your comments and questions may be mailed or faxed to the Metropolitan Council. The fax number is 291-6464. Comments may be mailed to: Dottie Rietow, Chair Metropolitan Council 230 E. 5th St. St. Paul, MN 55101 3490 lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 a$ ociatjgn of metropolitan munici'palitiee CRITIQUE OF THE METROPOLITAN COUNCIL'S PROPOSED REGIONAL BLUEPRINT SECTION I. INTRODUCTION AND GENERAL BACKGROUND The Metropolitan Council's Regional Blueprint is a general planning document intended to replace the former Metropolitan Development Investment Framework (MDIF) which expresses the Council's overall plan or vision for this metropolitan area. This document has wide-ranging scope and is comprised of both generalizations and specific action steps. It is the basis for the more specific regional system plans that interrelate to the local comprehensive planning process. The AMM notes with interest that the focus of the new Regional Blueprint has changed substantially from its predecessor document, the MDIF. The new thrust - which focuses on a regional economic strategy, regional investment, regional growth and regional environmental strategy - is similar in nature to the recommendations outlined in the AMM Metropolitan Governance report published by the AMM in the fall of 1992. The Council's serf-described role in "Making it Happen" - providing leadership on emerging regional issues, chief regional policy maker for the regional systems and providing a regional perspective - and general methodology - collaborator, facilitator and data provider - also is consistent with the general AMM philosophy. While overall the draft Blueprint appears to focus on the most relevant regional concerns, the AMM does have many questions and concerns relative to implementation and its many unknown implications. SECTION II. GENERAL COMMENTS 1. Regional Blueprint as a Metropolitan System The AMM opposes classifying the Regional Blueprint as a "metropolitan system" under the existing legal definition of a metropolitan system and the implications thereof. This Blueprint is a vague, general document defining broad metropolitan goals and objectives. It is intended to serve as an overall guide plan or vision for the region, not as a policy plan giving specific direction. The document is simply too broad and general in nature for it to be used as a system plan. Local units of government would be at the mercy and whim of totally subjective decisions made by Metropolitan Council staff in determining whether local plans, projects and activities were in conformance with the Blueprint. The Regional Blueprint. like the former MDIF, should serve as the regional planning framework or guide that is then translated into specific policies through the metropolitan system plan process. 3490 lexington avenue north, st. phul, minnesota 55126 (612) 490-3301 2. Housing as a Metropolitan System The AMM also believes it is inappropriate to classify housing as a metropolitan system. The system plan concept was introduced in the 1976 Metropolitan Land Planning Act as a means for the Metropolitan Council to protect the regional service systems and the regional investments in those systems from local development decisions that would negatively impact those systems. As such, since no housing is owned or managedby the Metropolitan Council, there is no "metropolitan system" or investment to protect. The AMM believes, however, that the Council does have a major role to play in helping to provide adequate housing opportunities for the low- and moderate-income residents throughout the region. The Council should continue to place high priority on housing planning for this region and to provide specific guidance for public and private sectors so that both can make rational decisions relative to future housing needs. The AMM believes the Council should continue using its existing HRA and other resources in cooperation with local governments to provide better housing lhroughout the region. The AMM is very supportive of the steps and proposed actions as noted on pages 24-28, including the creation of a metropolitan enterprise fund and the Metropolitan Council's "Housing Policy for the 1990s." In addition, the AMM recognizes that definitive answers to housing questions currently do not exist. To this end, the AMM Urban Strategies Task Force is examining the housing issue in depth to fashion recommendations that strive for active participation and support by cities in concert with the Metropolitan Council to address the area's housing needs. 3. Regional-Local Interaction and Relationship The general thrust and tone of the Metropolitan Council verbiage in recent months have been ones of cooperation and partnership with local units of government in solving regional problems and planning for the future. Council members and staff have often used the term "facilitator" in describing the Council's role vis-h-vis local officials. The AMM believes that kind of relationship between the Council and local officials to be the most productive in dealing with regional concerns. However, there are many statements in the Blueprint which seem to convey a more top-down approach and indicate that the Council intends to involve itself in more micro-managing of heretofore local decision making, rather than concentrating on truly regional issues and concerns. (For example, page 32, it should not be a Council concern about the impact of development on local services - police, fire, etc.; page 33, inform and educate local communities about how growth affects the demand for local services; page 38, work with local governments to achieve greater efficiency and effectiveness in local services). 4. Controlled Growth, Personal Preferences, Leapfrog Development One of the themes of the new Blueprint seems to be that high density is good and low density is bad. It appears that the Council will encourage high density by making it more difficult to add land to the MUSA. The AMM is not in a position to determine whether there is a sufficient supply of developable land (see specific comments elsewhere in this document) within the current MUSA to accommodate expected growth without greatly increasing the land cost and causing other unintended side effects. But we have some concern with the overall approach to this issue as outlined in the draft. The document seems to ignore that the personal preference of many residents of this area is to live in low density development patterns. While increasing densities may decrease costs of some urban services, it also may have other, more undesirable impacts. In a free society such as ours, people should be allowed some "space" if they so desire and are willing to bear the real accompanying costs. The AMM realizes that the key is identifying the costs associated with development: e.g., roads, sewer, schools, public facilities, among other things. The AMM also is concerned with the "leapfrog" development in counties adjacent to the seven-county metro area that will be even more of a problem if the MUSA line becomes too rigid. The increased development activity in adjacent counties beyond the control of the Council already is causing major highway capacity problems for north and northwestern parts of the metro area. The metropolitan area is better served by contiguous development from the center out, rather than exacerbate the "leapfrogging" that already has happened. 5. Distressed Area Concerns The Blueprint recognizes the host of complex problems facing the central cities and some inner-ring suburbs in dealing with the beginnings of urban decay: aging and deteriorating infrastructure, high unemployment, lack of decent affordable housing, lack of good paying jobs, growing crime rates, concentrations of poverty, etc. While many of the problems are recognized, resources and strategies for dealing with them are not so clearly identified. There is a general reference to exploring the creation of a metropolitan enterprise fund as a possible funding source to help deal with some of the conditions, but no specifics as to a source of funding for the enterprise fund are mentioned. The AMM agrees that making better use of and redirecting some exiting funds and programs as alluded to in Action Steps 2C, 2D and 2E will help; but substantial amounts of additional funding and resources will be needed if real progress is to be made. It also should be noted that there are "distressed areas" in cities beyond the central cities and inner-ring suburbs. 6. Airport Related Concerns The face of this metropolitan area and its component parts is going to be heavily impacted by the ultimate decision on whether to build a new airport or enhance the existing facility. Under the dual track planning system, the final decision will not be made for several years to come, but some discussion concerning the issue should be contained in this document. Perhaps some general alternative scenarios could be included to alleviate the uncertainty that exists with no reference at all. A plan that purports to be the Regional Blueprint lacks some credibility when the single biggest issue to be finalized in this decade is not even mentioned. What will be the financial impact on the region ff a new airport is built? Will it affect the ability of this region to maintain and expand the other regional systems as necessary? This issue seems to be too big to ignore in the Regional Blueprint. SECTION III. SPECIFIC COMMENTS 1. Cluster Planning (Page 38). The "cluster planning" concept is one that seems to be creative and holds some promise for dealing with sub-regional issues. It also recognizes that cities cannot always accomplish all regional goals within their individual boundaries. While the concept of cluster planning in helping local units of government and the Council to address sub-regional concerns and issues in a cooperative manner is laudable, implementation of this concept will not be easy. For example, what if adjacent cities wish to have a major MUSA expansion beyond the amount of land supply in that sub-area determined to be appropriate by the Council. How would the issue be resolved? What about apportioning life cycle housing needs? The Council needs to think out this process very carefully, describe its role in resolving these kinds of disputes and what, ff any, additional authority it will seek to implement its role. 2. Polluted Sites, Contaminated Soils (Page 20). The AMM encourages the Council to use its influence and resources to help put contaminated land back into productive use. While contaminated site clean-up efforts and programs should not be limited to any specific area, an effective program to clean up and recycle polluted lands would greatly benefit more mature and fully developed areas of this region, and help level the playing field between new development and redevelopment. The Council's help in this matter would be most welcomed. 3. Regional Environmental Strategy (Pages 48-56). The AMM agrees with the theme of this section that protecting the environment is very important and is a quality-of-life issue. The AMM also agrees that preventing environmental degradation is preferable and less costly than correcting degradation once it has occurred. However, there is no shortage of environmental regulations or regulators now involved in protecting and preserving the environment. Adding more regulations or increasing the Council's regulatory authority probably would be counterproductive. The AMM encourages the Council to take the lead in streamlining and sorting through the overlap, duplication and conflicting requirements that exist in the current environmental regulation process. In other sections of the Blueprint, the Council advocates a more streamlined and less time- consuming development approval process. The environmental regulatory maze is one of the more time- consuming aspects of development and redevelopment. 4. Local Government Comprehensive Planning (Pages 64-70). The AMM has long supported the need for realistic local comprehensive plans and their integration and connection with regio~al plans. We also believe that the current planning laws (metropolitan and state) are adequate to protect the legitimate interests of both local and regional patties. The AMM is concerned about the number of references in this section of the Blueprint requiting more elements in local plans as well as the seeming intrusion of the Council into more aspects of local planning. The only concern the Council should have with local plans is to ensure that they do not violate metropolitan system plans. The AMM also has a major concern about the proposed requirement to update local plans every five years and a complete update every 10 years. Major updates or reviews of local comprehensive plans are very time-consuming and expensive - to say nothing of the added expense and staff needed by the Council to review all of the updates. Many cities indicate there akeady is a long wait at the Council to review current revisions that are done on an as-needed basis. The AMM opposes more intrusion into the local planning process by the Council. 5. Reducing Investment Barriers (Pages 20-21). The AMM supports the use of Tax Increment Financing (TIF) to help redevelop distressed areas and for clean-up of polluted lands. We look forward to working with the Metropolitan Council during the next legislative session in getting the TIF statutes amended so that this tool becomes more workable in dealing with urban blight. However, since TIF is virtually the only tool available to cities for affordable housing, economic development and redevelopment, it should not be ruled out as a tool to retain or increase jobs for the region as a whole. The Blueprint properly recognizes in other sections that this region must compete in a national and international economy and economic tools are necessary to do so. TIF as noted above is virtually the only tool available to most cities for positive self-intervention to curb the spread of blight, and to encourage and manage sound economic development so vital for providing jobs and maintaining a healthy tax base. The AMM would welcome the help of the Metropolitan Council in working with the Governor, Legislature and business community in developing/identifying additional fiscal tools and eliminating barriers to an improved business climate. 6. Regional Strategy for Guiding Growth (Pages 30-37). A standardized methodology of classifying developable land within the MUSA should be agreed upon by the Metropolitan Council and affected cities. The methodology needs to consider the impact of state regulations (the state Wetlands Conservation Act and shoreline protection, for example), city land use practices, property protected as historic or cultural resource sites, developablility (slope, soils types, flood plan, access, etc.), ownership and availability. It may make sense to have the seven counties and the Metropolitan Council pool their resources and information to establish a comprehensive GIS system for the entire metropolitan area. SECTION IV. CONCLUSION The proposed Regional Blueprint is a creative step into exploring the Council's role in the region and how it can work with local officials to better position this region to compete nationally and internationally. It was no small undertaking and the months of work are apparent. The Blueprint includes points that mesh with AMM philosophy and which AMM has sought on its own. We applaud the efforts to bring a regional focus on issues such as infrastructure, investments, jobs, education and training, and the environment, and the Council's desire to return to visioning. However, the tone of the Blueprint seems intrusive and somewhat heavy-handed at times. The AMM fears that the capacity of local units of government to respond to their constituents' needs and desires would be lessened if the Blueprint were implemented as written because the Council could subjectively impose its rules and regulations upon those units of government it states it wishes to help. While it was written under the direction of this particular Council, who is to say what will happen when a new Metropolitan Council comes into being? If the Council truly wants to be a facilitator and convener among units of government within the metropolitan area, the AMM would ask that the Council revisit and perhaps retool portions of the Blueprint so it can be the guiding and visionary tool it was meant to be for this region. PUBLICORP, INC. TEL:612-$41-4148 Ma9 25,94 15:37 No.O04 P.02 PubliCorp Inc. 512 Crawn l~ler Mill 1OS Fifth Avenue So,th M;nneapollm, MN SS401 (612) 341-3&4& FAX ($12) 341-4148 TO: FROM: DATE: RE: Vern Paterson Eugene Ranieri May 25, 1994 Ice Arena - Prime Ice Time The supplemental appropriations bill (Laws lgg4, Chapter 632, Article 3, Section 23) includes a provision regarding indoor lee faoilltles that are operated by: · a political subdivlsion, · a state agency, · the University of Minnesota, · a state higher eduoatlon Institution, or · any organization that makes an arena available to the public. The aeotion states that if the arena provides mom prime Ice time to groups of one gender than to the other gender, the arena may not deny a request for prime ice time from groups of the underrepresented gender, provided the underrepresented gender pays the same price ~arged to other groups. The statute defines prime ice ~Jme to be: · 4 pm to 10 pm Monday through Friday · 9 am to 8 pm Saturday and Sunday An underrepresented group must be allowed up to: · 15% of prime ice time for the l~a4.1gg5 season. PU~LICORP, INC. TEL:612-$41-4148 Ma9 25,94 15:$7 No.O04 P.O$ · 30% of prime ice time by the 1095-1096 season. · 50% of prime ice time by the 1996-1997 season. The section does not: require an arena to allocate more time to any one group than is generally allocated to other groups. · affect a political subdivlslon's ability to grant preference to groups based in the city provided the preference Is not gender based. In determining if an arena provides more prime ice time to one gender group than the other, the determination must exclude any group that generates revenue from tickets sold for attendance at arena events. The section does not Include any penalties or incentives for compliance or non compliance. I~blll.e4~leetmpel,mem 2 CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: 7 CITY MANAGER' S APPROVAL ITEM: LEAGUE OF MINNESOTA CITIES (LMC) BY: PAT HENTGES BY: .. NO: Councilmember Bruce Nawrocki was the city's liaison to the Association of Metropolitan Municipalities. As a related item, Mr. Nawrocki would like to specifically address any implications of the new ethics bill. The League of Minnesota Cities attachments are an informational item. COUNCIL ACTION: League of Minnesota Citi ._ION ~ 1994 Cities B'tiolli tin Number 15 May 27, 1994 League staff review session ..... Free seminar will The League's intergovernmental Priority issues that saw acfion were eXPlore how the law relations staff and Executive Director Jim Miller went on the road this week to report on the accomplishments and changes of the 1994 legislative session. According to IGR Director Duke Addicks, for a short session, the Legislature was quite active. The result was improved laws for cities in some areas, and prevention of some propos- als that cities opposed. state aid to cities, the local government trust fund, data practices and the open meeting law, landfill cleanup, public employment, labor relations, tax increment financing, contamination cleanup grants, and annexation. For summaries of these and other issues, see the law summaries section of this issue of the Bulletin, starting on page LS-I. Intermediate bond funds decline in value Tom Grundhoefer Recent newspaper articles have noted that the dramatic rise in interest rates over the past couple of months has caused a number of mutual funds that invest in intermediate-term government securities to decrease in value. Hardest hit by the rising interest rate environment have been the intermediate bond funds with signifi- cant portions of their portfolio in government mortgage-backed securi- ties and their derivatives. Piper Jaffray's Institutional Government Income Portfolio, which has nearly 62 percent of its portfolio in mortgage- hacked derivatives, in particular has suffered a very significan! decline in share value. (Although Piper also manages the League's 4-M money market fund, neither the League nor the 4-M fund have any involvement in Piper's Institutional Government Income fund.) A number of cities have invested in some of these intermediate funds. The market actions serve as a reminder of how important it is for cities to periodically re-evaluate their invest- ment holdings, and to make'sure that ; thc characteristics of the city's invest- ments arc consistent with the city's cashflow needs and the city's invest- menl philosophy and strategy. affects Minnesota elected city officials The League of Minnesota Cities has waived the fee for the ~eminar Governing Your City: Real Life Scenarios and Minnesota Law. The seminar will explore some actual situations involving the open meeting law, data practices, land use decisions, and employee dismissal, the issues that can cause problems if the council doesn't handle them correctly. A panel of veteran elected officials and several attorneys will share their exp~riences and legal perspectives. The workshop will include hands-on time to discuss possible responses, and answers to your questions. To find out how others have tackled these important issues, attend the half-day workshop scheduled for Tuesday, June 7, 1994 from !:00 to 5:00 p.m. at the Radisson St. Paul Hotel. It will take place just before the League's Annual Conference and will adjourn in time for you to have dinner in St. Paul and attend the kickoffevenl featuring Garrison Keillor. To register for the seminar, call Cathy Dovidio at (612) 490-5600 or 1- 800-925- I 122 plus your city code. See page 3 for details. Page LS-1 Law Summaries Bulletin increases coverage A review of the session: successes for cities and law summaries The Bulletin adds new information: Upcoming League Meetings, and reviews of LMClT board actions. Route to: Contents League staff review session .................................................... I Imemwxliate bond funds decline in value ............................... i Free seminar will explore how the hw affects Minnesota ' elected city officials ............................................................. 1 Governing your city ................................................................ 3 LMC1T Board of Trustees reviews benefit programs ............... 4 LMCIT is looking for planning committee volunteers ............ 4 MALHFA reviews legislative session, announces meetings .... 5 Some city elected officials qualify for early retirement incentives .............................................................. 5 Upcoming League Meetings ..................................................... 5 League board appoints leadership advisory committee ............ 6 1994 Salary and Benefit surveys near completion ................... 6 Free recreation access survey for ADA compliance ................. 6 Minnesota HFA to participate in HUD risk-sharing program... 7 Media coverage complaints topic of workshop ......................... 7 MPCA proposes update for state superfund list ........................ 7 Local government trust fund ................................................. 8 Training, awards ..................................................................... 10 Law summaries .................................................................... LS- ! Municipal Ads .................................................................. LS-18 TJ~ Cities Bulletin is · publication of th~ Ltague of Minnesota (3tias and includes an update of sta~ iegialative, administmive, and c~gre~oaal actions that afl'gn~ citiea. It also include~ tz~-ws of metropolitan area ir. sues by the ~ion of Metropoli- tan MunicipalitY. Thc Cities Bulletin li~ authors of bill mnmuai~ and ~ a~icle~ by t~ir initials. loeiJanmik-JJ ,~wahHack~tt-SH At~Higgin~-AH C,~yC_,adr. on--C~ ing legislation relating to cities. Executive Dirertor Editers 'i'~seaetling and design Jim Millt'r Jean Mt'hie (k,,ad O-'tyk' Bmdt 1iisi Hu~.' i,~lllrit' Audell¢ League of Minnesota Cities, 3490 Lexington Avenue North, SL Paul, MN 55 ! Phone: {612} 490-5600; Fax: (612) 490-0072; TDD: (612} 490-~030; 1400-92~.1 !~2. plua your ~ Printed on recycled paper Page 2 LMC Cities Bulletin A free program for all elected city officials Tuesday, June 7, 1994 1:00 - 5:00 p.m. Radisson Saint Paul Hotel Do you struggle with questions about what you and your fellow councilmembers can and cannot do? How have other elected officials handled the legal challenges of making decisions in the public arena? What happens if the council makes the wrong legal decision? For answers to these and other questions city elected officials face every day, attend the Governing Your City workshop. It will include a discussion of several actual situations involving the open meeting law, data practices, land use decisions, and employee dismissal issues. It features: ~r A panel of veteran elected officials sharing what they would do. .k Several attorneys experienced in working with cities providing legal perspectives, discussing key principles, and revealing what actually happened. Intriguing senarios that are all too real. -k Hands-on time in facilitated small groups t'o discuss possible responses. Answers to your questions. The registration fee has been waived by the League. You MUST reg/ster /n advance.' Call Cathy Oov/d/o by June $ at (612) 4905600 LMCIT Board of Trustees reviews benefit programs Peter Tritz To keep member cities better informed on developments and issues with LMCIT, we'll be publishing a summary of the LMCIT Board of Trustees meetings as a regular feature .of the Bulletin. When possible we'll also include a summary of the trustees' agenda for upcoming meetings. LMCIT Board addresses health and dental coverage issues The LMCIT Board's main business for their May 18 meeting was the annual renewal of the LMCIT health, dental, and other employee benefit programs. The board took several significant actions affecting the LMCIT plans for the coming year. Rates Rates for LMC1T's small-cities health plan will continue with no change for the coming year. Most LMCIT larger city (i.e. over 25 employees) members will also see no change in their health rates for the coming year. The board also approved a four percent increase in rates for dental coverage for the coming year. Even though the trend in health care costs continues to run higher than the general increase in the cost of living, exceptionally good claims experience in the current year made it possible for the board to hold rates down to little or no increase. There have been very few large claims, and the total claims costs have been well below what was projected when the board set rates a year ago. The board also agreed lo Minne- sola Mutual's proposal for a small increase in n~tes for the term life cover,'lge offered through I,MCI'I: The short-term disability coverage offered l'agc 4 by Fords through LMCIT will continue with no change. Thc trustees also decided to make available for the first time a long-term disability coverage option, also provided by Fords. New network options The Irustees decided to add a new "preferred provider organization" option for small cities. By enrolling with either PreferredOne or Select Care, small cities can reduce their premiums by 10 percent compared to rates for the standard benefit plans. While the network option isn't avail- able in all areas of the state, the trustees concluded that it was nevertheless worthwhile to make it possible for LMCIT's members to benefit from the PPO approach where it is available. Administration and excess insurance Thc trustees voted to continue the contracts for administrative services for the health and dental programs with thc current providers: .DCA, Willis Corroon, MedTrac,.and Celtic Life. The board also renewed excess .coverage with Commercial Union, -,vith an increase in 12dCIT's apecific a~ention level. Other matters The Board directed staff to continue discussions with the LOGIS group about the possibility of providing an indemnity-type health coverage option for the LOGIS member cities, to complement the HMO options LOGIS currently offers its members. The board also continued its discussion of how LMCIT should react to health reform initiatives and how reform initiatives might affect LMC1T. While it's unce~ain what LMCIT's long-term role might be, the trustees' consensus · was that LMCIT should continue to operate its benefit programs for cities as long as it is feasible to do so and the programs are serving a useful service for cities. LMCIT is looking for planning committee volunteers Lynda Woutfe This summer, LMCIT will begin the planning process for the 1995 Safety and Loss Control Workshops. LMCIT is looking for city officials to volunteer to serve on a program planning committee. The planning committee will meet once, probably in late June or early July, at the League offices. We are looking for volunteers from across all city departments--public works, par'k/recreation, lmlice, fire, .administration, etc. Elected officials are especially encouraged ~o participate. We need your ideas to help us shape the 1995 workshop program. Although LMCIT is not able to -reimburse you for your travelling expenses, we will provide refresh- .ments and lunch. If you are tnterest~ in ~-ving on this planning committee, please contact Lynda Woulfe at the League offices (612) 490-5600. LMC CRies Bulletin MALHFA reviews legislative session, announces meetings Ann Higgin$ 'il~c Minnc.~sta As.~iation of Local Housing Finance Agencies 0VlALHFA) represents housing finance . issues and develops a legislative agenda for action on related matters. One issue MALHFA took action on during thc 1994 session was mortgage credit certificates. The final omnibus tax bill says that cities issuing mortgage credit certifi- cates will receive annual aid payments of eight percent of thc amount of certificates they issue. The aid must go to city HRAs to provide housing assistance to people with incomes below 80 percent of thc area median income. Mortgage credit certificates are included in thc annual volume cap allocation of mortgage revenue bonds in the state housing bond allocation MALIIFA was also interested in ~x incremcnt legislative issues; eligibility for the Revenue l~_~spmre Act; ability of HRAs to certify their levies once and to use negotiated bids for;, construction of certain facilities containing housing and other uses; redefinition of lead paint abstemcnt; an exemption from lead abatement roles governing contractors until July 1, 1995; and an exemption for ceiling and floor tire from rules of asbestos removal. The organization has set its meetings for Mondays, July 18, October 17, January 9, and April 4 at 1:30. For further information call Rebecca Yanisch at (612) 673-5192. Some city elected officials qualify for early retirement incentives The governor has signed into law a measure passed by the 1994 Minnesota Legislature that allows employees of public hospitals and certain elected officials to take advantage of the early retirement incentive (ERA) that was offered Io public employees last year. For the purposes of this early retire- ment incentive, eligible elected local government official means only: an elected city clerk, treasurer, or clerk- treasurer;, and certain elected township and county officials. These individuals were inadvert- ently left out of the 1993 law. These individuals may qualify for the 1994 ERI if they relire on or after April 30, 1994 but before July 15, 1994 and are eligible to receive only those incentives offered by the employing governmental unit under the 1993 law to other employees of that governmental unit. The early retirement incentive allowed employers to offer an im- proved pension formula or employer- paid health insurance to cerudn employees aged 55 or older with 25 years of service. For eligibility information or a review of estimates of your pension calculated under this legislation, please contact PERA at (612) 296-7460 or toll-free ! (800)652-9026. Cities Week Advisory Committee Thursday, June 2, 1994 1:30 p.m. LMC office Conference Room C Chair:. John Young, Jr., Mayor, Hawley Leadership Institute Advisory Committee Thursday, June 2, 1994 ! :00 p.m. LMC office Board Room Chair: Mary Anderson LMC Board of Directors Tuesday, June 7, 1994 1:30 - 3:30 p.m. Radisson Hotel Wabasha Suite President: Chuck W'mkchnan, Mayor, SC Cloud LMC Nominating Committee Wednesday, June 8, 1994 10:15 n.m. St Paul Civic Center Room C-24 LMC Annual Meeting Thursday, June 9, 1994 3:45 p.m. St. Paul Civic Center Wilkins Ballroom, Forum A-B President: Chuck V~nkelman, Mayor, St. Cloud LMC Futures Committee Friday, June 10, 1994 12:00 - 2:00 p.m. Radisson Hotel Wabasha Room May 27, 1994 Page 5 League board appoints leadership advisory committee The LMC Board of Directors has appointed an advisory committee that will be responsible for developing a Leadership Institute for Elected Officials. This action responds to the needs and interests expressed by elected officials for expanded training opportunities. Chaired by past LMC President and former Golden Valley Mayor Mary Anderson, the advisory committee will hold its first meeting on Wednesday, June 2, at ! :00 p.m. at the League offices. The first meeting will include an overview of ieadei~hip programs offered by other state leagues and discusiibn of the agenda for elected · officials' focus groups that will be conducted at the Annual Conference. Focus groups are one way to gain information of training needs and interests of elected officials. Members of the Leadership Institute Advisory Committe~ are: *Mary Anderson, Chair · *Dave DeNoyer, Mayor, Floodwood *Dan Donahue, Manager, New Hope · Gary Dory, Mayor, Duluth o Mary Gover, Councilmember, St. Peter -Laurel Haake, City Clerk, Fisher oLyle Hanks, Mayor, St. Louis Park .Jean Harris, Councilmember, Eden Prairie -Morris Lanning, Mayor, Moorhead .Jim Mongoven, Councilmember, East Grand Forks · Ray Navarro, Councilmember, Faribault " · LaNelle Olsen, Counciimember, Northfieid · Laurie Rauenhorst, City Clerk, Plymouth · Ed Shukle, City Manager, Mound oMarsha Soucberay, Councilmember, Shoreview · Carl Wyczawski, Mayor, New Ulm · John Young, Mayor, Hawley Free recreation access survey for ADA compliance The Minnesola State Council on Disability is distributing ils outdoor recreation access survey without charge. This survey will help cities evaluate the accessibil- ity of their recreation programs to people with disabilities. The federal government does not have enforceable guidelines yet for recreational activities even though the Americans with Disabilities Act requires recre- ational activities, like all city services, to be accessible. The survey was designed using the overall ADA guidelines, with the assistance of the Minne- sota Department of Natural Resources and the U.S. Forest Service, and should be of great benefit to cities until formal regulations are in place. For your free copy contact the State Council on Disability at (612) 296-6785 or 1-800-945-8923 (voice and TDD). 1994 Salary and Benefit surveys near completion '"" · Copies of the League's 1994 salary and benefit surveys will be available in June. Ail participating cities receive a complimentary copy of the survey. Surveys are conducted annually in two volumes one for cities over 2,500 population and one for cities under 2,500 population. This year's surveys include: · Detailed salary information on benchmark jobs. · lnfonnalion on benefils. Pag '6 .................... · Various reports on union con Iracts, municipal services, average wage increases, etc. Additional copies are $20 for the cities under 2,500 publication and $30 for the cities over 2,500 publication. Tax and shipping charges are extra. For more information or to order contact: League of Minnesota Cities at (612) 490-5600 or 1-800-925-1122 plus your city code. LMC Cities Bulletin Minnesota HFA to participate in HUD risk-sharing program The Minnesota Housing Finance Agency is one of 33 housing finance agencies selected to participate in the Housing Finance Agency risk-sharing program for insured affordable multi- family project loans. The program's purpo~ is to produce and pre.rye affordable multi-family housing. The risk-sharing program is an innovative approach to the mortgage insurance delivery system aimed at increasing the supply of affordable rental housing in this country. MHFA will share with HUD in the risk of loss on loans for multi-family mortgage insurance. As a partner in this program, MI-IFA will originate, underwrite, and close loans for projects requiring new construction, substantial rehabilitation, or acquisition and rehabilitation. In addition, MHFA also will be responsible for the full range of loan management, servicing, and property disposition activities. HUD's role in the risk-sharing arrangement will be to insure the loans for the full mortgage insurance. A maximum of 30,000 units will be allocated to approved HFAs by a formula primarily based on population. MHFA initially has been allocated 510 units and currently is in the process of accepting developments for mortgage loan processing. Media coverage complaints topic of workshop Gary Gilson The News Council started holding public hearings on complaints against news outlets in 1971. Haiftbe com- plaints have been upheld, half denied. The process is an ait~mativ~ to lawsuits. The News Council releases its decisions to the news media, which publish and broadcast them, leading to a general public discussion of the ethical question complaints raise. The most prominent recent case involved Minneapolis Police Chief John Lanx's complaint against KARF.- TV News. The station chartered a plane and returned to Minneapolis from Chicago a suspect in the murder of Officer Jerry Haaf. Laux said the station crossed an ethical line between reporting news and making news when it became a participant in ~e story. He said the TV crew never told the pilot who the passenger was, they didn't know how to frisk a suspect for weapons, and any number of things could have gone wrong. The News Council agreed, and as a result of widespread news coverage of lhe hearing, there was vigorous discussion of the issues. The News Council's goals are to promote fairness by helping people hold the media accountable, to help the public and the media understand each other, and to help the media avoid lapses that lead to complaints. The News Council is an indepen- dent, nonprofit agency. The council has 24 members, half media profes- sionals, half lay persons, who serve one or two three-year terms. Anyone can become a member or nominate someone else. Tine News Council office is nt 822 Mnrquette Ave., Suite 200, Minneapolis, MN 55402. Editors note: Gilson is scheduled to speak at a city communicators breakfast during the LMC Annual Conference. The communicators group invites mayors, councilmembers, and city staff to attend the breakfast and hear Gil~on speak. The breakfast will be on Thursday, June 9 at the Radisson Hotel, Wabas~ Suite. Call Cheryl Weiler, Golden Valley (612) 593-8000 to register. Cost is $10. MPCA proposes update for state superfund list For the first time since passage of Minnesota's Superfund law in 1983, the Minnesota Pollution Control Agency's (MPCA) update of the state superfund list includes no new sites. The Woposed ulxlate would remove five sites from the permanen~t list of priorities (PLP). The PLP identifies sites where hazardous substances pose a potential or actual threat to public health or the enviromnent, and it is used to allocate resources among sites requiring investigation and cleanup actions. The MPCA seeks comments on proposed changes to the list during a 30-day comment period which began May 2, 1994 and ends June 2, 1994. Send written comments to Gary Krueger, Ground Water and Solid Waste Division, Minnesota Pollution. Control Agency, 520 Lafayette Road, St. Paul, Minne~sota 55155. May 27, 1994 Page 7 Local government trust fund Gary Carlson Current $29.5 million shortfall The state budget forecast last November showed a significant shortfall in thc local government trust fund (LGTF) by the end of thc current 1994-95 biennium. Under the trust fund statutes, local government aid (LGA) and homestead and agricultural credit aid (HACA) payments this December would be automatically cut to offset any shortfall in the Trust Fund. Although the March forecast reported that the shortfall had diminished to $29.5 million from $44.3 million, cities still faced cuts. The League spent a substantial amount of time this session trying to · find a compromise solution to the trust fund shortfall. Although cities had agreed to live with the volatility in sales tax revenues, an analysis of the history of the trust fund indicated that the shortfall was actually the result of legislative actions and not caused by a reduction in sales tax revenues. Despite provisions in both the House and Senate tax bills that would cover the current mist fund shortfall, there was no guarantee that any final tax compromise would become law. During conference committee negotia- tions, a gubernatorial veto of the tax bill appeared very likely. The governor had publicly stated that he would oppose and veto any tax increases. The focus of the governor's concerns were several provisions to conform Minnesota income tax law to the federal law. As a result of federal conformity, income taxes would increase for several groups of Minneso- tans, most notably higher-income senior citizens. Both the House and Senate tax bills contained another provision that would phase-down the sales tax on replacement capital equipment as well as clarify and expand the definition of new and expansion capital equipment. The position of the House and Senate was that these provisions would actually reduce taxes on another group of Minnesotans so that the overall impact of the tax bill would be little, if any, overall increase in taxes. The final tax bill 0t.F.3209, Chapter :587) contains a provision that will cover any shortfall in the LGTF as long as the shortfall does not exceed two percent of the estimated biennial mist fund revenues, or approximately $36 million for the 1994-95 biennium. If the upcoming November state revenue forecast projects a mist fund shortfall larger than the two percent threshold, automatic cuts in LGA and HACA will cover the excess shortfall.'~' The March forecast indicated that the mist fund shortfall would be $29.5 million, which is well within the two percent threshold. However, recent weakness in actual sales tax collections could mean that the November shortfall estimate could be higher. Local government trust fund repeal One of the most Controversial provisions in the final tax bill was the repeal the local government trust fund. The House and the Senate had very different reactions to the repeal. In the Senate, there was relatively little controversy about the provision when it was added to the original version of their omnibus tax bill. However, during the conference committee negotiations, it became apparent that many House members were exffemely uneasy about the repeal. Every major city and county organization testified before the conference committee that they would not oppose the repeal of the mist fund as long as a more certain and stable replacement was enacted. Despite these assurances, many House mem- bers still opposed the repeal. The mist fund issue contributed to the temporary break down in the conference commit- tee negbtiations. After nearly two weeks of confer- ence committee meetings, the House and the Senate reached an agreement. 1994 Legislative changes to LGA: percent of LGA distributed by the formula Percent of Total Dollars Increase (in total LGA Year appropriation distributed by (in milllions) millions) formula distributed by the formula 1993 321.4 ' N/A N/A N/A 1994 330.2 8.8 8.8 2.7 1995 336.8 6.6 15.4 4.6 Page 8 LMC Cities Bulletin Most importantly for cities, the agreement appeared to suit the de- mands of the governor and it appeared likely that he would sign the final compromise, in the final ngrecment, the conferees decided to maintain the trust fund for the first year of the next biennium. The trust fund will officially sunset on July !, .1996. All programs currently funded by the trust fund will be transferred back to the general fund at that time. In place of the trust fund, the Legislature established an new inflationary increase for LGA and several county aid programs. LGA formula changes The omnibus tax bill increased the city LGA appropriation by two percent, or approximately $6.6 million for the 1995 aid distribution. The LGA formula enacted by the 1993 Legisla- lure will be used as the basis for future LGA distributions, with several new modifications. The formula will no longer phase- out the LGA grandfather but will instead establish the sum of 1993 LGA, equalization aid, and disparity reduc- tion aid as the minimum distribution for each city for 1995 and future years. All aplxopriation increases since 1993 and ny future increases in LGA will be distributed through thc LGA formula. Thc table on page 8 shows thc increases in city LGA in 1994 and 1995 and thc percent of thc total appropriation distributed by thc formula. Note: 1993 LGA includes equalization aid and city disparity reduction aid. These two programs were folded into LGA beginning in 1994. Additional formula changes will limit the cities of Minneapolis, St. Paul, and Duluth to increases at the rate of thc approf~on increase, or two percent for the 1995 disUibution. A special provision affecting an estimated 18 smaller cities will target additional LG^ to cities that transferred substan- tial general fund revenues to sewer and water enterprise funds in 1992 or 1993. New LGA index As a replacement for the repealed local government trust fund, the omnibus tax bill (Chapter 587) estab- lishes a new inflation adjustment index for local government aid beginning with the 1996 distribution. Thc index used for the adjustment is the implicit price deflator 0PD) for state nmi local government purchases of goods and service%.' for thc year prior to thc aid distribution. The table below provides the IPD estimates pre. pared by thc state's economic forecast consultant, Data Resources, Incorporated for several recent years and the projections for the first two yem3 of aid distribu- tions that will be adjusted by the IPD. The actual indez will be based on the IPD prepared by thc Bureau of Eco- nomic Analysis of thc U.S. Department of Commerce for the period ending March 31 of the previous year. This inflator will be used to adjust LGA for cities and townships as well as community social services aid (CSSA) and county criminal justice aid (CCJA). (HACA) is not included in thc auto- matic inflation calculation. Under the new law, the implicit price deflator adjustment for LGA cannot be less than 2.5 percent nor more than 5.0 percent. Under the current projections, 1996 LGA will increase by an estimated 2.8 percent, or approximately $9.5 million. Estimates of implicit price deflator for state and local government purchases of goods and services : 12-month period ending Mnrch 31 Aid year Index Percent chnnge 1993 N/A 121.5 !.3 1994 N/A 123.6 !.7 1995 1996 127 2.8 1996 1997 130.4 2.7 May 27, 1994 Page 9 Training, awards Training Exploring the Boundaries of Government lrmance Government Finance Officers Ass'n June 5-8---Minneapolis . (3 i 2) 977-9700 League of Minnesota Cities Annual Conference League of Minnesota Cities June 7-10--St. Paul (612) 490-5600 1994 Campaign Finance Regional Meetings State Ethical Practices Board June 7--St. Paul, Centennial, 3:00 pm June I l--St. Paul State Capitol, 9:30 am August 8--St. Paul Centennial Bldg, 1:00 pm August 9--Redwood Falls County Courthouse, 4:00 pm August lO--Mankato County Courthouse, 2:00 pm August ! l--Rochester, Olmsted County Courthouse, 10:00 am, 4:00 pm August 1 6.-St. Cloud County Admin. Center, 2:00 pm August 17--Alexandria County Courthouse, 10:00am August 1 g--City Fire Hall, 9:00 am, 4:00 pm August 22--St. Paul, Centennial Office Building, 9:00 am August 23-St. Paul State Capitol, 4:30 pm August 27--St. Paul State Capitol, 9:30 am (612) 296.7351 or 1-800-657-3889 Election Conferences for City Clerks Secretary of State June 7--St. Paul Technical College, June ! 3--Marshall, Southwest State U June 16--Mankalo, Best Western Garden Inn June 21--Hibbing, Kahler Park Hotel June 23--St. Cloud State University June 29--Moorhead State University All are at 10:00 am except Marshall which is at 1:00 pm. Renee Coffey (612) 296-2805 Springsted training scholarship available to local officials The League of Minnesota Cities encourages local officials to apply for the Springsted training scholarship which provides funds to local government officials to cover ~ cost of training that will help them in their positions. For information call Sharon Klumpp at (612) 490-5600.0 Environmental Programs International City/County Management Association Jnne 1~ Chicago, IL July 21 and 22--Kansas City, KS September g---San Francisco, CA Barbara Schwartz: (202) 962-3539 Effective Facilitation Seminar Minnesota Office of Dispute Resolution June 21-23 Roger Williams: (612) 296-2633 ' TDD Metro: (612) 297-5353 TDD Non-metro: 1-800-627-3529 Wind Load and Flood-resistant Provisions of the Uniform Building Code International Conference of Building Officials June 27--Duluth June 28-- Minneapolis (310) 699-0541, ext. 244 Advanced Government Finance Institute Government Finance Officers Association July 17-22tMadison, WI (202) 429-2750 Clerks and finance officers group announces new publications, programs Video The Minnesota Clerks and Finance Officers Association has produced a video, which will be available in June, showing a complete election day process from the opening of the polls to final vote tabulation. The video illuslrates typical voter problems as well as voters who go through balloting without difficulty; vote tabulator error messages and .solutions. for the Optech .III-P; and routine election judge procedures and responsibilities. The cost of the video will be under $50. Price will depend on interest. Manual The Election Administration Procedural Manual is being prepared which will cover everything you always wanted to know about elections but were afraid to ask. Cost for the manual is $10. For a copy of the video or the manual call: Joyce Mercil, Director of Elections, Minneapolis, Phone: (612) 673-2073, Fax: (612) 673-3399 Mentoring program MCFOA is also starting a mentoring program for new clerks. The "Adopt a Clerk" program will help new clerks learn about their responsibili- ties. MCFOA is seeking new and veteran city clerks who would like to participate in the program. Call Glenys Ehlert at Pelican Rapids City Hall if you have questions: (218) 863-657 !. Page 10 LMC Cities Bulletin .- Legislative session a success for cities For a "short" session, thc ! 994 session resulted in thc improvement of .~cveral city law.~ and programs and thc prcvcnlion of Iht enactment of.~)mc pnqmsals contrary to city interests. At the annual policy adoption conference last November, the League membership establisbed "top priority" issues for this session of thc Legislature. By focusing on these issues, cities achieved substantial improvements in a number of areas. These top priorities receiving legislative action were: State aid to cities and the local government trust fund: The goals were to stabilize the funding source for aid to cities (local government aid and homestead and agricultural credit aid), resolve thc shortfall in the local government Uust fund so there would be no cuts in 1994 aids, and obtain aid increases in 1995 and 1996 even though the law provided for no aid increases and the trust fund shortfall was expected to worsen in future years. The omnibus tax law provides for no reduction in LGA for 1994. LGA will increase two percent in 1995 and in future years LGA will be indexed. Data practices and open meetings: Established an attorney fee cap at $13,000. There will be no fees or fines unless specific intent to violate the law is shown. Landf'dl cleanup: Established separate clean up programs for landfills, limited third-party lawsuits, and provided for substantial reimbursement payments for past re.qmn~ actions, thus saving cities millions of dollars. Public employment labor relations act: Required study of arbitration by legislative commission on employee relations. No substantive changes enacted. Tax increment f'mancing: Prevented harsh new penalties. Contamination dean up grants: Increased by $1 .$ miliiou. Annexation: Prevented repeal of 1992 amendments and made several positive additions to current annexation statutes. Additional major enactments of benefit to cities include the" following: Uniform dection day: Maintained flexibility for cities to bold local elections in even- or odd-numbered years. Elections: Expanded authority for cities to combine polling places, reduced thc costs of conducting elections, and continued to permit precinct boundary changes until June !, 2000, prior to legislative redistricting. Wetland: Modified the wetland : conservation act to exempt some public road projects, eliminated $75 fee limitation, and made other improvements. Small city audit: Reduced frequency. BoaFd of innovation and cooperation: Obtained funding for 1995 of $2.2 million to be taken out of the general fund. Several bad ideas were not enacted: Truth in taxation: Prevented pa~xage of additional confusing requirements. Levy limits: Defeated reimposition of levy limits. Term limits: PrevcntexJ term limit proposals from including city elected officials and succeeded in opposing constitutional amendment. Tciecommlmicatiom: Prevented giving pbone companies freedom from state regulation when offering new voice, video, and data services on the information superhighway. The complete summary of new laws contains brief descriptions of all laws affecting cities as well as descriptions of laws which did not pass. The new intergovernmental policy development process recently adopted by thc League's Board of Directors is intended to both increase membership involvement in the legislative and congressional processes and to focus the League's efforts on solutions to major problems confronting cities. Our continual improvement in our efforts to serve the interest of city government in all areas of intergovernmental relations is part of thc revitalization of the League to serve all of its members. League of Minnesota Cities staff working with legislative issues J~m Miller, Executive Dircclor Duke Addicks, Director of Intergovern- mental Relations (IGR) Gary Carlson, Senior IGR Representative General revenue sources for cities Local government trust fund Aid to cities Property tax system Fmrah Hackett, IGR Rcprcw. mativc Trdnslx~lalion Fiscal adminislration of cities Economic development/redevelopment Government innovation and cooperation Ann lliggins, IGR Representative Telecommunications Housing Elections and ethics Utility service disuicts Joel Jmunik, Senior IGR Rcpresentativc Growth management and land use. Environmental protection Per~nnel and labor relations Public ~mfcty General municipal governance Stan Peskar, General Counsel Pensions May 27, 1994 LS-1 1994 law summaries The 1994 summary of new laws includes those laws that affect city operations. Although we have attempted to be com- prehensive, there may be other laws passed affecting cities that are not summarized here. We list the bills under general topic areas ranging from courts and crime to transportation, and by chapter number under the topic area. Special legislation includes bills that are specific to one city. Annexation and growth management Annexation law amendments Chapter 511 (H.F.228) amends the state's laws relating to annexation. Section 1 of the law allows population figures for cities and towns to be adjusted as a result of annexations where there has been no board hearing. Currently, population changes are only authorized following board hearings, and not authorized in annexations by ordinance. Section 2 authorizes the Municipal Board to make requests for information from other agencies and requires agency cooperation. Section 3 requires.property owners or municipalities that petition for orderly annexation to notify the township 60 days prior to filing any petition, and clarifies that utility service cost estimates which must be provided by the city to the property-owner petitioners only pertain to electric utility service, not water, sewer, or other utilities. Section 4 limits annexations by ordinance of 60 acres or less of land upon property-owner petition to those areas not presently served by public sewer facilities or where public sewer facilities are not otherwise available. It also authorizes annexations by ordi- nance of any areas (no acreage limit) within two miles of the city limits if the land is granted preliminary or final plat approval after August 1, 1995, and the subdivision creates residential lots that average 21,780 square feet or less. Section 5 specifies that the action of a city to annex certain property by ordinance "does not otherwise affect the other terms and conditions of existin~"0~-dedy annexation agree- ments...." Section 6 requires that prior to all annexations by ordinance (except those involving municipally owned prop- erty), the city must hold a public hearing preceded by 30 days written notice, by certified mail, to all towns affected by the proposed ordinance and to all landowners within and contigu- ous to the area to be annexed. Section 7 requires that when a city annexes land by ordinance within the "60 acres or less/no sewer property- owner petition" section or the "orderly annexation area/property-owner petition" section, the city must adopt or amend its land use controls to conform to minimum state regulations if the land is within shoreland or floodplain areas. Section 8 specifies that in most non-city owned property annexations that are accomplished by ordinance (in contrast to municipal board hearings), the property taxes payable on the annexed land will continue to he paid to the affected town or towns for the year in which the annexations become effective, and thereafter all taxes are paid by the property owner to the city. However, the city must, in the year following the annexation, and in the next five years, pay to the town(s) a cash payment equal to 90 percent of the taxes paid by the property in the year the land was annexed, then 70 percent, 50 percent, 30 percent, and finally 10 percent in year five. The city and township may agree to a different payment. Section 9 modifies the property- owner petition process for concurrent detachment and annexations to require that the petitioners submit to the board a resolution of the city council of at least one of the affected cities. Section 10 requires all Municipal Board orders to be issued within one year (currently two years) from the day of the first board hearing on the matter. Section 11 requires all board proceedings to he heard no later than 60 days (currently ! 20) from receipt by the board of necessary documents. Section 12 requires the Municipal Board to file its orders with the affected county auditor and requires the county auditor to record the orders against the affected property. Section 13 requires the state Office of Strategic and Long-Range ,Planning to establish criteria for defining the terms "urban or suburban in character" and "rural residential." These terms are used in the state's annexation laws to describe property which is most appropriately governed by cities or towns. The agency must report the criteria to the Legislature by February 1, 1995. LS-2 LMC Cities Bulletin 1994 law summaries continued Section 14 specifies that all sections, except section 4 become effective August 1, 1994, and apply to annexations initiated on or after that date. Section 4 takes effect August I, 1995. SJ Development See also Housing; and TIF provisions in the tax bill under Finance and Taxes Asbestos eligible for contamination cleanup grants Chapter 587 (H.F.3209) allows asbestos contamination to be eligible for contamination cleanup grants provided there is a proactive in-place management program. Effective May 5, ! 994. SH Enterprise zone program Chapter 587 01.F.3209) creates a state enterprise zone program to provide income tax credits to encourage job growth. The credits are limited to $5,000 per employee who is employed at a wage of ! 70 percent of the federal minimum wage (currently $7.22 per hour). A rural job credit program is created for employers outside the metro area. Of the general fund appropriation of $900,000 for fiscal year 1997, $300,000 will be allocated for Minneapolis, $300,000 for St. Paul, $60,000 for South St. Paul, with the remaining $240,000 available to other cities on a competitive basis. Effective May 5, 1994 SH Contamination cleanup grants Chapter 643 (H.F.218) provides $1.5 million in state bonding for the contamination cleanup grant program created by the 1993 Legislature. During the 1992 session, the Legislature appropriated $2 million. ' SH TIF bonds and changes to the school aid program Chapter 647 Ot.F.2189) provides some protection for tax increment districts in anticipation of the sunset of the current school aid and levy system June 30, 1999. Cities nrc authorized to make TIF revenue bonds "protected bonds" and to levy to make up for lost school district levies. For general obligation bonds, despite the repeal of the school funding system, cities will be able to estimate the expected increment from the project. Effective May 10, 1994. SH Elections Congressional reapportionment codification Chapter 406 (S.F.2199) codifies the final 1992 congressional reapportionment plan determined by the Special Redistricting Panel. Effective for the 1994 state primary election and thereafter. AH Combined polling places, precinct boundaries Chapter 607 (S.E2297) allows certain cities and towns to establish a combined polling place. School district elections must be conducted in precincts established by cities. Cities may make changes in precinct boundaries until January 1, 2000. Precincts must include only one congressional district. Boundary changes must be made by June I in a state general election year and must be adopted at least 90 days before the state primary. Effective August 1. AH Codification of legislative district boundaries ChapteF 612 (S~.2197) codifies 1992 legislative district boundaries as redistricted following thc 1992 U.S. Census. Effectivc August 1. AH UniForm local elections Chapter 646 (S.F. 1512) requires statutory and home rule charter cities (as well as school districts and special election districts) to hold primary, general, and special elections on certain dates and prescribes uniform filing, publication, posting, and voting hours as well as a transition schedule for changing election dates. City and school district primary elections must be held on the lust Tuesday after the second Monday in September;, general elections on the first Tuesday aft~ the first Monday in November of even- or odd-numbered years, effective January I, 1998. Special elections on ballot questions do not change. Cities which decide to move local elections to even-numbered years prior to January !, 1995, must follow a Uansition schedule to select by lot officials whose terms will expire in three and five years. After that date, cities changing the date of elections to even-numbered years may adopt a plan to have half the councilmembers' terms expire in three years, half in five years. Other provisions establishing the al_nrc of local elections, publication and posting, and voting hours, including those for special election dislricts, are effective August 1. AH May 27, 1994 1994 law summaries continued when the PCA adopts roles, whichever is sooner. JJ Environment See also contamination cleanup under Development Special assessments for littering violations Chapter 412 (H.F. 1186) authorizes cities to enforce antilitter and other solid waste disposal laws and ordi- nances by seeking civil penalties and damages from persons responsible for lhe unauthorized deposit of solid waste. If the civil fines are unpaid, they may be imposed as liens on property and collected as special assessments. Effective August 1, 1994. JJ Indemnification for environmentally inferior waste disposal Chapter 548 (H.E2010) requires persons (including cities which haul directly or through organized collection or other method) that arrange for solid waste management and disposal in an environmentally inferior manner to indemnify generators of that waste. The use of landfills, and other disposal I~u:ililies. which am deemed inferior to 1he counly-selected method of manage- merit, require establishment of a trust fund to pay for response actions at the facility. Landfills that meet EPA Subtitle D rules (liners and leachate monitoring and collection systems) must pay .$4.60 per ton into a mast account while older landfills that do not meet the EPA rules must pay $21.25 per ton. Effective February 1, 1995 or Groundwater protection and the legislative water ~mmission Chapter 557 (H.E2485) provides for the duties of the Legislative Water Commission, and adopts a groundwater protection policy for the state, includ- ing assigning responsibility among various agencies. Two Dcpamnent of Health drinking water provisions which t~ate to establishing contaminant limits, are effective day after enact- ment, all other sections are effective August 1, 1994. JJ Waste management act amendments Chapter 585 (S.E!788) makes many amendments to the state's solid waste statutes, including banning mercury switches in athletic shoes. The amendments should not siguifi- canfly impact city government operations. One section of the hill states that it is the goal of tl~ state that items he distributed without any packaging where feasibl~, and the minimal amount possible. Another section allows an exemp- tion from thc mandate that solid waste charges vary based on weight or · volume which is believed to only apply to Minneapolis, although other cities may be included. A pilot project authorizing state field citations for improper waste disposal was made permanenl and should henefit cities that have experi- enced a problem with illegal dumping. The law also establishes a conversion rat~ that 3.33 cubic yards equals one ton for statutory and rule purposes. The law has various effective dates, some immediate, one retroactive to July 1, 1980 (the latter to increase the potential constitutionality of waste designation ordinances). JJ Regulating individual septic tank systems Chapter 617 (H.E2158) specifies that if a local government (city, town, or county) has an ordinance regulating individual septic tank systems (ISTSs), that ordinance must be at least as restrictive as the state regulations. Thc law also requires state licensing of sewage Ueatment installers and inspectors, with an exemption for local government inspectors. The law requires property owners to certify the condition of their system upon transfer of the property, and appropriates $120,000 to the Minnesota Pollution Control Agency for administration of the law. All provisions other than the appropriation section effective May 11, 1994. JJ Wetland conservation act amendments Chapter 627 (H.F.3179) makes several modifications to the wetlands law, including the following: allows local governments to establish alternate regulatory systems that differ from the wetlands conservation act but equally protect wetlands if approved by the Board of Water and Soil Resources; clarifies the applicability of thc act to the state of Minnesota and all its agencies; modifies exemption regard- ing road construction and maintenance; eliminates the $75 maximum fee for local government unit (LGU) review of replacement plans; eliminates effective May ! I, 1994, LGU notice require-' ments for projects which have wetland impacts of less than 10,000 .~iuare feet; and expands permanent wetlands preserve eligibility and modifies compensation for denial of wetland replacement plans effective July I, 1994. Effective August 1, 1994, except as noted. JJ Landrfll cleanup program Chapter 639 (H.F.3086) establishes a landfill environmental cleanup LMC Cities Bulletin 1994 law summaries continued program; limits owner, operator, and third party liability under state supcrfund laws: allows for state acquisition of closed landfills: allows for acquiring insurance proceeds in exchange for accepting cleanup responsibility; and provides financing for cleaning up closed landfills through the issuance of $90 million in state bonds over the next 10 years and an increase in the state's solid waste generator fcc from the current level of 12 cents per noncompacted cubic yard per collection to 60 cents per cubic yard effective January !, 1995. Thc law does not increase the $2 per year assessment for residential customers. The law also renames the Office of Waste Management as the Office of Environmental Assistance within the Pollution Control Agency, and transfers Metropolitan Council solid waste staff to the office. Finally, the law requires the preparation of a modified environ- mental assessment worksheet prior to the construction of a large metal shredding facility (called a Kondirator) along the Mississippi River in Miune- apolis. Various effective dates. Most landfill cleanup provisions took effect May I !, 1994. JJ Finance and taxes Property tax targeting program Chapter 383 (S.Ei709) uncaps thc appropriation for the property tax targeting program for 1994 refunds. Under current law, the targeting program was limited to a total appropriation of $5.5 million for FY 1995. To bring the total cost of the program within this cap, the Department of Rcvcnuc adjusted the tax increase thres'bold to $300 from thc $100 threshold that had bccn in effect. As a result of this change, an applicant whose property taxes increased by at least the $100 and who had a propen~ lax increase in excess of 12 pmx~nt will now qualify for the targeting refund. The law requires county officials to give the state infmmation on homeowners who are potentially eligible to receive a refund as a rezult of this change. The law is effective the day after the final enactment. GC Status of a city for tax purposes Chapter 416 ($.F.2073) is a Department of Revenue tax technical corrections bill that clarifies and codifies department practices in administering state tax laws. The law establishes the status of a city or town on June 30 as the basis for the calculation and distribution of aid in the subsequent year. Any municipal incorporation, consolidation, annexation, detachment, dia~olution, or township organization that has an ~ effective date on or before June 30 will he considered in the aid calculations for distribution in the following year. This date gives the department sufficient time to make the ~ calculations and complete aid certifications by the August I deadline for local government aid (LGA) and the September I deadline for homestead and agricultural credit aids (HACA). Any such change in thc status of a city or township ~ occurs after June 30 will not bc consklered until the aid calculations are made_, for the following year. GC Audit requirements for small dues and towns Chapter 546 (S.E 1712) requires cities and towns with a combined office of clerk and treasurer, and with annual May 27, 1994 revenue of $100,000 or less. to have an audit perfomgxl once every five years. The audit may Ix' c'ouduclcd by cill~'r thc state auditor's staff or by a public accountant. Currently these cities and towns must have annual audits. Effective August !, 1994. SH Omnibus tax bill Chapter 587 (H.E3209) Local go~t rrm1 fund The new tax law will cover any ahortfall in the local government trust fund ns long as the -*hortfall does not exceed two percent of the estimated biennial trust fund revenues, or approximately $36 million for thc 1994-95 biennium. If thc November ~ate revenue forecast projects a trust fund shortfall larger than the two percent threshold, automatic cuts in LGA and HACA would cover the excess shortfall. The March forecast indicated that the trust fund shortfall would be $29.5 million, which is well within the two percent threshold. However, recent weakness in actual sales tax collections may indicate that the November shortfall estimate could be higher. In the final agreement, legislators maintained the trust fund for the first year of the next biennium. The Imst fund will officially sunset on July 1, 1996. All programs currently funded by the trust fund will be transferred back to the general fund at that time. In place of the trust fund, the Legislature established an new inflationary increase for LGA and r~veral county aid programs. GC Local government aid The LGA appropriation will increase by two percent, or approximately $6.6 million for the 1995 aid distribution. The 1995 LGA formula will include several modifications to the legislation enacted last year. The formula will no longer phaseou, t the LGA grandfather but will inste~ establish the sum of 1993 LGA. LS-5 1994 law summaries continued equalization aid, and disparity reduction aid as the minimum distribution for each city for 1995 and fulure years. All appropriation increases since 1993 and any future increases in LGA will be distributed through the LGA f(wmula. Additional formula changes will limit the cities of Minneapolis, SL Paul, and Duluth to increases at the rate of the appropriation increase, or two percent for the 1995 distribution. A special provision targets additional LGA to cities that transferred substantial general fund revenues to their sewer and water enterprise funds, affecting an estimated 18 smaller cities. In place of the local government ~-ust fund, a new index will be implemented beginning with thc 1996 aid distribution. The new index is based on thc implicit price deflator for state and local government purchases of goods and services. The index cannot be less than 2.5 percent nor greater than 5.0 percent per year. Thc bill did not include homestead and agricultural credit aid (HACA) in this adjustment. Ge Property tax system Limited market value Thc limited market value provisions that the Legislature enacted last year will be phased-out in 1997 which is one year earlier than under thc 1993 law. Limited market value provisions limit property valuation increases to 10 percent or one-third of the increase, whichever is greater. Thc provision continues to apply to residential homestead and nonhomestead, agricultural and cabin properties and the cap does not cover increases due to new improvements. GC "This Old House" Thc law modifies the eUgibility requirements for the "this old house" property tax valuation exclusion. In addition to the 35-year house age requirements of the original law, houses generally must have a market value which does not exceed $150,000. Houses with a market value greater than $150,000 but less than $300,000 can qualify for the exclusion if the house is located in a city or town in which more than one-half of the homes in 1990 were bulk before 1960, end the 1990 median family income is less than the 1990 statewidc median family income. These restrictions are effective July 1, 1994 and flint, after. Applications by the homeowner for the valuation exclusion are mandatory beginning July 1, 1994. Prior to the new law, applications were a county option. The application may be flied after the building permit is applied for as long as it is flied before the next assessment. The bill contains other minor clarif'u:ations that affect the "this old house" law. GC Pwperty valuation petitions Thc law changes the date for flung property tax petitions to March 31. Under current law, the taxpayer must file a petition by May 15 of the following taxes payable year. GC Study of property taxation by square footage The law requires the Depamnmt of Revenue to conduct a study on the feasibility of basing property taxation on a square footage rather than thc current system of basing property taxation on the estimated market value of a property. The study will use Hennepin and Blue Earth counties for the study. GC Study of homestead property tax reUef The law requires the Department of Revenue to analyze the methods of providing property tax relief to homeowners including the possibility of providing thc targeting and thc circuit breaker property tax relief directly to the taxpayer on the property tax statement. GC Sales tax changes &zles tax on new and replacement capital equilnnent The modifications to the sales tax oa new and replacement capital equipment were some of the most controversial provisions of the ~ax bill. The law clarifies and expands thc definition of capital equipment for purposes of the current sales tax exemption. The sales tax rate for replacement capital equipment will be phased-down over the next four years under the following schedule. Phase-Down of Sales Tax Rates on Replacement Capital Equipment Effective Date Sales Tax Rate July I, 1994 5.5% July i, 1995 4.5% July I, 1996 3.8% July 1, 1997 2.9% July 1, 1998 2.0% Capital equipment includes machinery and equipment used to produce a product for retail sales. This sales tax reduction is most likely to benefit purchases of equipment for municipal utilities. The reduction will cease on July 1, 2001 if at least 4,500 new manufacturing jobs are not created. $It Firefighter protective equipment Beginning July I, 1994, personal protective equipment for firefighters will be exempt from the sales tax. This includes helmets, bunker coats and pants, boots, gloves, hoods, self- contained breathing apparatus, and other equipment required by Occupational Safety and Health Administration (OSHA). SH Repeal of the local option sales tax In conjunction with the repeal of the local government txust fund, the law repeals thc local option sales tax and incorporates the one-half cent into the overall state sales tax. The law also LS-6 LMC Cities Bulletin 1994 law summaries continued incorporates the one-half cent into other state sales taxes, including ;dcohol anti farm machinery. The law climin;flcs thc local option sales lax and the procedures for ils ixmsagc and repeal on July I, 1996. SH Coordination of state and local sales taxes The administrative problems of coordinating local option sales taxes and the state sales tax will be corrected by this law. The Department of Revenue will now be able to coordinate all applicable sales taxes that apply within a jurisdiction. (Currently, each tax is rounded to the next full cent before adding the next lax rate, resulting in a higher overall tax rate.) Effective August l, 1994. SH MVET changed to sales tax Chapter 587 (H.E3209) changes thc motor vehicle excise tax to thc "sales tax on motor vehicles" wherever it appears in law. SH Miscellaneous provisions Board of government innovation and cooperation The Board of Government Innovation and Cooperation, created by the 1993 Legislature, will have an additional $2.2 million from the ~ate general fund to distribute for service sharing, cooperation planning, and consolidation grants during the next year. The rules and procedures the hoard has used have been incorporated into the statute. The law creates a standardized scoring system. Thc maximum amount of service sharing grants is raised to $100,000 (currently $50,000). The board will also continue to review and grant waivers to state laws and rules. SH Budgeting reform Along with several changes in gubernatorial and legislative budget estimates, the law will require the commissioner of revenue to forecast local government revenues. The commissioner must estimate the properly taxes, state and federal aid dislribulions, hz'al .~'dcs taxes, and a calcgtwy of all other revenue fiw cities and towns over 2,51X). These same estimates will be prepared sq~arately for ~chool disuicts and for counties. The~ estimates will be part of the information provided to the governor and Legislature to assist them in preparing their budget resolutions. These biennial budget resolutions, prepared during odd-numbe~l years, must include revenue targets for the division of the share of revenue collected between the state and local governments, and the appropriate mix of taxes, including the level of prolnnty These budgeting reform efforts also affect the troth in taxation iwocess. Beginning this fall (for notices on pay 1995 taxes), the estimated percentage increase in Minnesota personal income will be included on the proposed tax notice that is prepared by the county. This new information will allow taxpayers to compare the proposed changes in their individual property taxes with an average change in personal income in the state. SH Mortgage credit cenificate aid Cities that issue mortgage credit cmfificates will receive an annual aid payn~nt of eight percent of the mount of the credits issued. This mortgage credit certificate aid must be given to the city's housing authority and usnd to provide housing assistance for people with incomes below 80 pe.r~nt of the area median income. SH Rental tax equity pilot project St. Paul is authorizt~l to conduct a one-year project to reduce ~ taxes on rental property in order to encourage maintenance and repair. The law allows thc city to charge fees to landlords for evaluation of property, provides a properly tax credit to reduce the property's tax to that of a single family homesteaded residence, and appropriates $1 million. Areport is duc to the Legislature by Janu,'u'y 15, 1995. $11 Local laws in the tax bm Many new, harsh penalties and restrictions on tax increment financing fl~ were proposed this year. Although they would have had an unequal effect across the state, they were opposed because of thc precedents they set for future restrictions on TIF. In order to prevent these new penalties, efforts to have the LGA/HACA penalties removed from many districts were sacrificed. Tax increment financing · Lake Crystal: Extension ofaTIF housing district. · South St. Paul: Extension ofaTIF redevelopment district. · Dawson: Extension of a TIF economic development district. · Red W'mg: Extension of two TIF districts. · Fergus Falls: Exemption from state aid penalty for a new TIF economic development district, 10 percent local match, county approval. · Park Rapids: Exemption from state aid penalty for a new TIF economic development district, five percent local match. · Brooklyn Ccnt~: Exemption from state aid penalty for TIF redevelopment district, 15 percent of increment to housing development account. · Brooklyn Park: Excmptiou from state aid penalty for a TIF economic development district, 15 percent of increment to housing development IEcount. · Minneapolis: Seward South, expansion of allowable TIF purposes for a new economic development district, county approval required. · Minneapolis: North Washington industrial park, exemption from state aid penalty for a new hnTardous substance subdistrict. May 27, 1994 LS-7 .- 1994 law summaries continued Other development tools · Eagan: Special service district. · Gaylord: Special service district. · Hopkins: Special service district to create a housing improvement area. · Mankato: Port authority powers. · Two Harbors: One percent local lodging tax for preservation and display of the tugboat Edna G. · Nashwauk: Area ambulance service district. · Benton County: EDA authority. o Ramsey County: HRA authority extended. · Koochiching County: Rural development finance authority. General government Ban on gifts to local and state officials Chapter 377 (H.E 1863) prohibits gifts to public officials. Originally, and as passed by the House, the proposal only applied to the state, and metro- politan governments (including cities) that had populations greater than 50,000. When the Senate took up the bill it added all cities and counties, by layering a new section onto the bill. Consequently, metropolitan cities over 50,000 are governed by two separate but similar sections of the law. From the time the Senate included all cities and counties in the bill to the governor signing it into law took just over two weeks. This background is important because it explains why city and county associations could not inform members of the amendments or effectively lobby to fix the proposal, and why the law is so poorly drafted. One section of the law modifies the ethical practices legislation and applies to metro cities over 50,000 and the state. It regulates lobbyists and officials. Officials means local officials and includes a person who holds elective office or who is appointed to or employed in a public position in which the person has authority to make, to recommend, or to vote as a member of the governing body, on major decisions regarding the expendi- ture or investment of public money. The law forbids lobbyists, their employer, or anyone acting upon their request, from making gifts. Gifts mean money, real or personal property, a service, a loan, a forbearance of forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. The law also prohibits officials from accepting gifts from lobbyists. The bill requires a lobbyist to report gifts of $5 or more value given or paid to any public or local official (including elected or appointed city officials). At first this seems anoma- lous since most gifts are forbidden. However, it probably means that the lobbyist must keep ~'ack of those gifts which are legal, i.e. food or beverages given to legislators or local officials who come to functions and speak or answer questions. These reports would only require one to show an aggregate amount listing thc nature of the gift and the amount given to members of the Legislature or another governing body. Another section of the law parallels the ethical practices board section. It does not require lobbyist- like disclosure and reporting, it is a simple prohibition. While its definition of a gift is the same, in some other respects its language might have a narrower or broader impact. Those forbidden to receive gifts include all elected or appointed officials of cities and counties and of their agencies, authorities, or instru- mentalities, like the League of Minne- sota Cities. The decision-making language from Chapter ! OA is not used here so this section may be broader. However, because this language does not specifically address employees, some could argue that it actually has a narrower impact. Those forbidden to give gifts arc any interested persons, and notjnst lobbyists. An interested person is a person, or representative of n person or association, that has a direct financial interest in a decision that a local official is authorized to make. Both sections of the law provide similar exceptions to the prohibition against gifts. Acceptable gifts for all state, city, and county officials include the following: · Lawful campaign contributions; · Services to assist an official in thc performance of official duties, including but not limited to provid- ing advice, consultation, informa- tion, communication in connection with legislation, and services to constituents · Services of insignificant monetary value; · A plaque or other similar recogni- tion memento; · A trinket or memento of insignifi- cant value; · Information or material of unexcep- tional value; · Foo~l or beverages away from the recipient's place of work given by an organization before whom the recipient appears to make a speech or answer questions as part of a program; · Gifts to groups of which the recipient is a member and his or her share of the gift is no more than other members of the group or where a giver and recipient are members of the same family. Effective August 1, 1994. JJ LMC Cities Bulletin 1994 law summaries continued Disposal of certain animals Chapter 401 (H.F. 2435) changes procedures to be followed when nn animal left with a veterinarian, board- ing facility, or commercial facility is unclaimed after 10 days. After 10 days notice to an owner or, if the owner is unknown, publication in a legal newspaper, the animal may he de- stroyed without liability. Effective August l, 1994. JJ Fireworks safety and operator qualifications Chapter 405 (S.F.2425) requires the state fire marshal to study the safety of public fireworks displays and display operator qualifications and make legislative recommendations by Decemher 31, 1994. AH Public contractors' performance and payment bond act Chapter 419 (S.F. 1692) modifies thc law governing public contractors' performance and payment bonds, to clarify requirements and alternative security arrangements without making substantive changes. The new law specifies that failure of a public body to get and approve a valid payment bond or an acceptable alternative will result in liability to ali persons furnishing labor and materials under the contract, and specifies procedures and time limits for making claims that depart substantially from current laws. Effective August I, 1994 for contracts for public work awarded after July 31, 1994. JJ License plates for volunteer ambulance attendants chapter 443 (H.F. 1928) authorizes the purchase, for an extra $10, of special license plates for active volunteer ambulance attendants. Plates must be forfeited if the purchaser becomes inactive or quits as an attendant. Effective August 1, 1994. JJ Charter cities may use statutory city laws Chapter 446 (S.F.2070) provides that ifa city charter is silent on a matter that is addressed for statutory cities by Chapter 4 i 2 or other general law and does not prohibit a city charter from addressing the matter, or expressly provide that a city charter prevails over general law, then the charter city may apply the general law on the nmtter. Effective August I, 1994. JJ Citizen enforcement of disabled parking laws Chapter 495 0t.F.2426) authorizes any city (now first or second class cities only) to establish programs for citizen enforcement of vehicle parking laws relating to the physically disabled. Effective August !, 1994. JJ Bond counsel fees Chapter 533 (H.F.3136) requires that attorneys performing services as bond counsel for a public agency, including a city, be paid reasonable and fair fees based on specified factors, but not based primarily on a percentage of the amount of bonds or obligations sold. The law requires a two-year study of the effect of this change, with a report by the state auditor due November 1, 1997. Effective August I, 1994. JJ Omnibus data practices and open meeting law amendments Chapter 618 (H.F.2028) amends the data practices act and open meet- ings law. Much of the new law represent~ a compromise between strong, competing interests represent- ing thc media, public interest groups, and local governments. Data practices amendments Specifies that not public data (including private or confidential data on an individual) may be discussed at a meeting open to the public to the extent provided in the open meeting law. Specifies that a complainant has access to his or her statement to a state agency or political subdivision. Authorizes court actions to compel thc release of pending civil investi- gative data. Cla.,~ifies Social Security numbers as private data, except to the extent that access to Ihe number is autho- rized by law. Classifies thc name, address, telephone number, and any other data that identifies an enrollee in a local government social or recre- ational program. Allows license applicants to request private classification of their residence, phone number, and address if they provide an alternative. Classifies all 91 i audio tapes as private (with some exceptions). Classifies response or incident data regarding the alcohol concentration of drivers as public. Allows law enforcement agencies greater access to commitment information when conducting firearm background checks. Increases the sharing of juvenile court information between the courts, schools, and law enforce- ment agencies, including requiring law enforcement agencies to share certain information with school officials. Amends the consumer protection statutes to restrict Ihe release of video tape rental information. Requires the eommi~ioner of administration, in consultation wilh thc League and other a.~sciations, to prepare a data practices act training plan or program for local officials. Open meeting law amendments Specifies that public meetings are presumed open. Limits the ability to obtain tape May 27, 1994 1994 law summaries continued recordings of closed labor negotia- tion slrategy sessions by filing a court case prior to the two-year window of privacy. - Specifies that the open meeting law's provisions regarding notice for emergency meetings supersede any other statutory notice require- ment fi~r a special meeting that is an emergency meeting. Deletes the requirement that during a public meeting a public body must make reasonable efforts to protect from disclosure not public data by using reference to letters, numbers, or other codes. Clarifies the requirement that public bodies must close one or more meetings for the preliminary consideration of personnel allega- tions or charges. Increases the civil penalty from $100 to $300. Specifies that forfeiture of office may be imposed only upon prevail- ing in three separate actions involving intentional violations. Authorizes reasonable attorney fees for plaintift:s up to $13,000. Authorizes reasonable attorney fees for defendants up to $13,000 if the court finds that the action was frivolous and without merit. Specifies that a public body may pay any costs or fees (but not the fines) incurred by or awarded against any of its members in an open meeting law action. Specifies that no monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate the open meeting law. Various effective dates for the data practices sections, many of which are May ! I, 1994. The open meeting law alnendmenls are effective August I, 1994 and apply to violations alleged to have occurred after that date. JJ Administrative procedures act (APA) amendments Chapter 629 (H.EI899) makes · everal minor modifications to how state agencies adopt rules. As adopted, the law modifies the composition and duties of the Legislative Commission to Review Administrative Rules, requires state agencies to report to the Legislature every four years (beginning in the year 2000) regarding their general and specific grants of ruiemaking authority, and allows the governor or the chair of a standing committee to which a bill is refenv, d to require rulemaking notes on legislative bills that details impact information and the estimated cost of the rule. The law requires the Ethical Practices Board to adopt advisory opinions which have general effect as rules. Most sections effective August 1, 1994; Ethical Practices Board section effective July 1, 1995. JJ Best practices reviews Chapter 632 (S.F.2913) authorizes the legislative auditor to examine thc procedures and practices used to provide local government services (including cities) to determine the best methods of service delivery and practices which reduce costs or improve thc effectiveness of the service. The auditor will then recommend cost-effective service delivery methods and practices to local governments. An advisory council, including three appointments from the l.~ague of Minnesota Cities, will select the local government services to be reviewed. A $200,000 general fund appropriation will be available for the reviews in 1995. Thc best practice review program is scheduled to continue until July 1999. SH Restrooms, ratios for facilities by gender Chapter 632 (S.F.2913) requires new or substantially replaced public facilities to have at least three restroom facilities for women for every two tnovidnd for men. The requirement affects stadiums, community halls, theaters, and amusement facilities. The commissioner of adminislxation will set rules for the ratios of reslxoom facilities. Effectivcluly 1, 1995. SH Renaming building inspectors building officials Chapter 634 (H.E984) makes several minor amendments, including redesignating certified building inspectors as certified building offi- cials. The law allows local govern- ments to retain state surcharge amounts collected on building permits if the total amount of the surcharge does not exceed $25. Thc building code sections are effective August I for the name change and July 1, 1994, for the surcharge retention provision. JJ Housing Manufactured homes: Repossession actions Chapter ~. ~. ~. (S.E 1825) restricts repossession actions related to manufactured homes to the county in which the unit is located. Effective August !. AH Mobile homes: Zoning authority Chapter 473 (H.F.2666) prohibits cities, towns, or counties from enact- ing, amending, or enforcing a zoning ordinance which has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in parks con- LS-10 1994 law summaries continued structed before January I, 1995, if the park, when constructed, complied with the then existing requirements. Effec- tive August !, 1994. JJ Penalties for failure to provide written lease Chapter 496 (H.E 1859) subjects the owner of a multiunit building with 12 or more residential units to petty misdemeanor penalties for failure to provide a lease. Effective August 1, 1994 for new or renewed tenancy beginning on or after August 1, 1994 Conciliation court jurisdiction over rental property matters Chapter 502 (S.F. 1732) allows condominiums, cooperatives, and townhouse associations to be represented in district court action and gives conciliation court jurisdiction to determine damages arising from landlord-tenant disputes. Priority is to be given to actions alleging that the tenant is causing a nuisance or seriously endangering other residents, their property, or thc owner's property. Effective August l, 1994. AH Prohibiting smoking in common areas of apartments Chapter 520 (H.E423) adds common areas of apartment buildings to public places where smoking is prohibited. Effective August i. AH Mortgage revenue and small issue industrial development bonding authority Chapter 527 0t.E3122) changes procedures for allocating bonding authority to include mortgage credit certificates in the annual volume cap allocation for housing pool and enterprise zone facility bonds in the small issue pool. Small issue IDBs may finance facilities in empowerment zones or enterprise communities created under new federal programs. Any amount of bonding authority May 27, 1994 reserved to entitlement cities not used is deducted from the next allocation for that entitlement city. Proceeds from residential rental bonds can only be used if the city participates in the project. Cities which do not use at least 50 percent of their allocation by April 15, and at least $200,000 of their allotment in the year in which the allotment is made may not apply to the housing pool or receive an allotment the following year. Highest priority for allocation will be for enterprise zone facility bonds. Sections applying to enterprise zone facility bond allocations and city participation in residential rental projects are effective the day following final enactment. AH Lead and asbestos abatement Chapter 567 (S.E2710) requires state building code provisions to be developed by January !, 1996, to can'y out lead abatement procedures and redefines lead abatement. Abatement contractors hired to perform procedures must be licensed by the state. Local boards of health are to contract with the state health commissioner to conduct assessments to determine sources of lead contamination. In consultation with local HRAs nnd others, the state is to develop by July 1, 1995 lead-safe procedures for nonlead abatement activities. Fees required for applying for or renewing a lead abatement license nrc waived for city employees. The commissioner of health is authorized to adopt standards and methods for abating lead in soil and for controlling lead in drinking water and must publish n list of censm tracts at high risk for toxic lead expusu~ for priority prevention. Cities and local boards of health are to follow priorities established under these provisions. Individuals who do painting, renovation, rehabilitation, or remodeling work not related to lead abatement do not need to obtain a lead abatement contractor license. The commissioner of health is directed to apply for federal grants to help cover the cost of current training in lead abatement procedures and to increase the number of certified wainers. Requirements for testing of intact paint will not take effect until July 1, 1995. Other provisions arc effective the day following enactment. AH Metropolitan C~uncH study of housing redevelopment and rehabilitation Chapter 577 (S.E1740) requires the Metropolitan Council to study housing redevelopment and rehabilitation and report to thc Legislature by July I, 1995 on standards cities should use to evaluate costs and benefits of redeveloping and rehabilitating rental and owner- occupied housing. The purpose is to increase the supply of housing affordable to those with low incomes. The study will consider roles of various levels of government. nonprofit, and for-profit developers and thc impact of cmrent housing redevelopment and rehabilitation financing. The law requires cities and various agencies to assist in the study by providing data. Effective the day following final enactment. AH Housing Finance Agency programs Chapter 586 (S.E2064) authorizes MI-IFA to make or participate in rehabilitation loans without regard to income for the purehnse and rehabilitation of existing owner- occopied residential housing and for home improvement loans under the American Indian housing program. MI-IFA is also authorized to make loans to certain Section 8 rental property owners. Federal Iow-income housing tax credits in thc metropolitan area may only go to new construction or substantial rehabilitation to projects LS-II 1994 law summaries continued where at least 7:5 percent of the units are single room occupancy units, efficiencies, or one bedroom units and to multifamily housing that is not restricted to seniors. Effective May S, 1994. AH · Replacement housing in first class cities Chapter 632 (S.F.29 i 3) provides Flcxibilily 'in thc requirement that Minneapolis, St. Paul, and Duluth furnish replacement housing on a one- to-one basis when low-income housing is lost because of redevelopment. These cities will be able to count rent subsidies and vouchers and home- ownership toward replacement -requirements. They may also avoid the requirement for units that are vacant for "more than one year. Minneapolis and St. Paul will be allowed to locate replacement housing anywhere in the metro area. SH Personnel EMS and insurer use of H1V antibody tests Chapter 475 (S.E 1794) prohibits health insurers from obtaining or using H1V antibody test results arising out of exposures to patients or from the routine testing of emergency medical service personnel. Effective August !, 1994. JJ Name of unemployment compensation Chapter 488 (H.E 3053) renames unemployment compensation as reemployment insurance and modifies provisions relating to reporting (including repeal of the requirement for employer-provided separation notices), eligibility, and liability for benefits. Effective August 1, 1994. JJ Short-ret... accident and health plans Chapter 506 (S.Ei912) authorizes the sale of short-term accident and health insurance policies that provide coverage for up to ! 8:5 days, or longer to cover hospitalization which extends beyond the 18:5 days. Effective day after enactment. JJ Arbitration study and BMS settlement form Chapter 560 (H.E2624) ratifies state labor agreements, changes duties of the Legislative Commission on Employee Relations (LCER), extends the jurisdiction of the compensation council to state and metro agency heads, and reduces the upper salary for the executive director of the Board of Judicial Standards. Two sections affect cities directly. One section requires the LCER to study the use of arbitration to resolve impasses in contract negotiations between public employers and exclu- sive representatives of public employ- ecs. The report must be submitted to the Legislature by January 15, 1995 and must examine differences in costs between arbitrated awards and negoti- ated settlements, the process by which arbitrators are selected, other forms of interest arbitration, and alternatives to the use of arbitration. The other section involves the mandate for common calculation of union contracts and awards costs. Until the commissioner of the Bureau of Mediation Services (BMS) adopts a rule that provides otherwise, ali public employers, including cities, shall use the "uniform baselinc and settlement form" and accompanying instructions. For union agreements or arbitra- tion awards that were entered into or issued between December 31, 1993 and May 5, 1994 the public employer shall complete the form and make it avail- able to the public within 60 days of May 5. No publication or posting requirements exist for these forms, they must simply be made available to the public. While this new language might eliminate the need for city staff to provide the form to the council, obviously it would be prudent to only do so upon direction from the council. For all settlements or awards after May 5, the form must be prepared and submitted to the council prior to contract ratification. The BMS settlement form and compensation council sections are effective May 5, 1994; all other sections are effective August 1, 1994. JJ MnCare and health care reform Chapter 625 (S.E2192) amends the MinnesotaCare act. Most significantly the law delays the target date for universal coverage in Minnesota until July I, 1997. The commitment for universal coverage by 1997 constitutes a financial obligation for the state in excess of $100 million annually, without an identified revenue source. Eligibility for MnCare is expanded effective October 1, 1994 to include ~ingie adults and households with no children whose income is less than 125 percent of the federal poverty guide- lines. This expansion is expected to boost enrollment from the current level of 60,000 enrollees to 90,000 individu- als and by itself will create an annual state shortfall by 1997 of $74 million. Concern about the market's rush to establish Integrated Service Networks (ISNs) prompted a moratorium on large ISN formation, but the Legislature allowed the creation of smaller ISNs serving up Io ~),0(}0 patients which .'irc tcnned community integrated service networks (CISNs). Another significant change requires liMOs to offer greater access to "allied independent health provid- ers'' which include out of network LS-12 LMC Cities Bulletin 1994 law summaries continued chiropractors, marriage and family therapists, social workers, and dieti- tians. The I-LMOs can impose creden- rials, managed care requirements, and contract terms on these providers, and treat the services as a separate insur- ance plan. In a controversial action, access to allied independent bealth providers is not required of state medical programs under Medicare, medical assistance, general assistance, or under the MnCare program, as well as to state emp]oyees under state benefit plans. The law has many effective dates, some immediate, some retroactive. JJ Public employees insurance purchasing task force Chapter 632 (S.F.2913) creates a task force to study the possibility of creating a cooperative of all public (non-state) employees to purchase medicnl and dental insurance. The 13- member task force will include representatives from the League of Minnesota Cities, unions, the Department of Employee Relations, and other local government organizations. A report is due to the Legislature by March I, 1995. SH Liquor law amendments Chapter 611 (H.E2617) bans the sale of malt liquor or other registration brand labels implying an Indian leader connection; removes the 8:00 p.m. Christmas Eve sale restriction; allows temporary on-sale intoxicating liquor licenses to state registered political committees; limits n city from issuing more than three temporary intoxicating or nonintoxicating liquor licenses to any one organization or location within a 12-month period; specifies that cities may not allow thc same business name to be used by more than one of its off- sale intoxicating liquor licensees; and revises thc suspension and revocation statute to give more discretion to the licensing authority. Various effective dates, many immediate. JJ Mandatory missing children protocol for police departments Chapter 636 (H.E2351) is the omnibus crime law for 1994. One of its many provisions requires that by August 1, 1995 all local law enforce- ment agencies adopt a written policy governing the investigation and management of cases related to missing and endangered children. Effective August I, 1995. JJ Public Safety Interstate police use Chapter 441 0t.E1966) authorizes peace officers in adjoining states to render assistance to Minnesota peace officers on request, grants them arrest authority if they act under the direction of a Minnesota officer, and for tort liability purposes specifics that thc officer is deemed to be an employee of thc elective or appointive agency of thc peace officer requesting assistance. Effective August 1, 1994. JJ Special legislation St. Cloud: Fingerhut TIF district Chapter 376 (H.F.2213) gives eight exemptions to the tax increment financing law for the Fingerhut district in St. Cloud. The exemptions include allowing up to 25 years for thc district (currently limited to I I years), eminent domain authority for property adjacent to thc dis~ct, and exemption from the local government aid (LGA)/ homestead and agricultural credit aid OtACA) penalty. SH Anoka: Ubrary merger Chapter 378 (H.E 1956) allows Anoka to discontinue providing library services. Anoka County will assume responsibility for services to city residents. Effective January I, 1995. $H Duluth: G.O. bonds for convention center improvements Chapter 489 (H.E2433) allows the city of Duluth to issue $4 million in general obligation bonds without a referendum so the city can finance improvements to thc city convention center. Effective upon local approval. St. Paul: Replacement of lead pipes Chapter 504 0t.F.2175) authorizes St. Paul to replace Icad pipes located on private property at the written request of property owners and allows the city to pay or reimburse the cost for removal and installation. The city may issue general obligation or special obligation bonds to fund the program. Effective the day after local approval. Hutchinson: Bonding authority for tri-agency maintenance facility Chapter 522 (H.F. 1901) allows Hutchinson to issue up to $1.5 million in general obligation bunds without a referendum. The bonds will be used to provide the city's share of a new transportation maintenance facility to be used jointly by the city, McLeod County, and the Minnesota Department of Transportation. Thc law allows thc May27,1994 1994 law summaries continued voters of the city to request a referendum prior to June 30, 1994 on the issuance of Ihe bonds. Effective without local approval, unless requested by June I, 1994. SH Rant~y County road tumback funding Chapter 439 (H.E2936) allows Ramsey County to provide $8,000 per mile for each mile of county road that is turned back to cities within the county with populations less than 5,000 (and for White Bear Township). The turnback ~'ogram is a product of a 1992 Ramsey County study which resulted in a substantial number of exchanges of road jurisdiction. The per-mile appropriation will iocrease or decrease according to an engineering cost index. All roads turned back under this funding program will be raised to a set county standard before transfer occurs. Cities are allowed to return these roads to the county if the funding agreement is not met. Effective August 1, 1994. SH Rochester: Dissolution ofcity HRA, creation of Olmstead County HRA Chapter 493 (H.E 1957) dissolves the Rochester Housing and Redevelopment Authority (HRA) and designates a new membership for the county lIRA. Four of the seven Olmstead County HRA members will be appointed by the Rochester City Council. Other cities within the county may still establish their own HRAs. Effective upon local approval. $H Transportation Transit funding Chapter 632 (S.E2913) appropriates $10 million for transit for the general fund, $ i.6 million additional funding for transit programs in Greater Minnesota for 1995, and $8.4 million for the regional transit board to distribute to regular routes in the metro area, the metro mobility program, and to rural and small-urban systems in Greater Minnesota. SH MSA, local speed limits, bridge inspections, public vehicles Chapter 635 (H.E3011) redefines the mileage for the municipal state aid (MSA) street system to include 20 percent of a city's streets, plus road turnbacks from the county and the state. Speed limits on residential roadways of less than one-quarter mile may be reduced to 25 miles per hour if the local road authority posts both the beginning and the end of the special speed zone. All city-owned vehicles are required to have the name of the city displayed on both sides of the vehicle in letters at least 2.5 inches high by 0.5 inches wide in a contrasting color that must be kept clean and visible during the use of the vehicle (unmarked vehicles used for police, fire, or arson work are excluded). Leased vehicles are included in the requirements (removable placards may be used). All electronic traffic signals installed after January !, 1995 must be equipped to handle traffic system preemption systems. The law also includes the following: requires bridge inspections at least every two years; authorizes design-build bridges for nonmotorized vehicles; provides for a study of road ' pricing options, and a study of the desirability of requiring insurance requirements on seat belt use; increases MSA contributions to the disaster and research accounts. (A requirement for a traffic signal in North Oaks, and sound barriers on segments of 1-394, state trunk highway 252, and 1-694, were vetoed.) $H Miscellaneous transportation funding and policy Chapter 640 (H.E3230) provides funding and grants for: construction of state trunk highways-$15 million; electric vehicle technology study-- $200,000; study of high-speed rail corridor between the Twin Cities and Chicago--S630,000 (contingent on funding from Wisconsin and the federal governmen0; surcharge on fines imposed for speeding in work zones; and expanded authority for the Metropolitan Council to make certain transportation loans. Effective July !, 1994. (A $5.5 million appropriation for MnDOT's state road operation costs was vetoed.) SH Transportation bonding Chapter 643 (H.E218) provides state bonds for: completion of the Bloomington Ferry Bridge--S7.63 I million; local bridge replacement and rehabilitation-$ ! 2.445 million; light rail Ixansit (LRT) engineering and final design costs for the central corridor- $10 million; capital improvement projects for the metropolitan Uansit commission 0VITC)--$10 million; federal aid demonstration projects- $3.924 million; and miscellaneous LS-14 LMC Cities Bulletin 1994 law summaries continued MnDOT facility projects-S13.016. (The total state bonding package was nearly $650 million.) SH Motor vehicle operation Chapter 645 (H.F.942) requires that every driver is "responsible for becoming and remaining aware of potential highway hazards" and "must use duc care in operating in a vehicle." EffectivcAugust I, 1994. SH companies must petition the PUC for a determination .of how the service is to be classified. New services may be as subject to effective competition or emerging competition and regulated if the new service is not integrally related to providing adequate local phone service or access to the telephone network or to customer privacy, health, and safety. The section related to the extension of alternntive regulation is effective the day following enactment. Sections related to emerging and effective competition are effective June !,1994. AH Utilities Extending regulation of competitive telephone services and incentive plans Chapter 534 (H.E2134) extends the incentive plan regulation of telephone services until June I, 1996 or until the State Public Utilities Commission (PUC) issues a final order, whichever is earlier. The law requires PUC to determine configuration and cost allocation for expanded area telephone service. Emerging competition provisions will regulate certain new services offered for the first time after August I, 1994. When first offering a service, telephone "Quick take" condemnation Chapter 610 (S.E788) prohibits municipal utilities from acquifing thc fight to serve the property of a rural electric cooperative through use of "quick take" condemnation proceedings during eminent domain proceedings. Provisions allow cities to petition the Public Utilities Commission for interim service rights. Effective the day following enactment and applies to acquisitions begun on or after that date. AH Access to government Information Chapter 632 (S.E2913), the state supplemental budget act, contains a section to improve public access to government information and to make government more effective through thc use of information technology. Thc state Information Policy Office 0PO) will organize and staff a government information access council comprised of state officials, higher education and business leaders, telephone company ~presentatives, union representatives, legislators, and representatives from olher interests. ~be council will consider how to provide government information and data at all levels and. will examine how government can encourage privatizntion of digital information systems to improve delivery of se~ices and how to make more government information available directly or through business enterprises. The Legislature appmpria~ $400,000 to assist the council in its work. The Public Utilities Commission will need to ease access to and distribution of government information and the Department of Revenue must study how tax policy might facilitate use of information technology. The Legislature has npproved $25,000 for planning an institute of telecommunications technology and education at the University of Minnesota to develop existing and new telecommunications and information networks and provide technical assistance in the use of such systems. Effective August 1. AH May 27, 1994 LS-15 Legislation that did not pass Broader use of DNA Passage of this bill was not sought ' due lo a Minnesota Supreme Court case which in effect implemented the bill by all.owing prosecutors and expert witnesses m comment on the statistical probability of a DNA match. JJ Workers' compensation reform Passed by the Senate after several unusual procedural actions, including a changing of the chief authors, the bill was not taken up on the House floor after the House DFL caucus failed to reach a consensus on what set of reforms it wanted to pass. JJ Video gambling in bars Never built momentum due to pre- session position taken by the governor and legislative leaders against expanding gambling. One of the interesting "what ifs" of the 1994 session is whether the huge Mystic Lake profits would have affected this bill if they had been made public earlier in the session. JJ Gas tax increase, transit funding increase Thc House and Senate could not agree on the appropriate mechanism for increasing funding for roads and transit. The governor's opposition to tax increases intensified the stalemate. Proposals for constitutional amendments to dedicate a portion of the motor vehicles excise tax (MVET) to transit, and undedicate the use of gas lax and vehicle registration revenues in th~ seven-county metro area also failed. SH New CSAH formula For the third session, there were discussions of a new formula to distribute the 29 percent of the highway user distribution fund allocated to counties. Pml~.~tls to reallocate the county state aid highway (CSAH) funds to increase the distribution to metro area counties did not pass. AH Additional TNT requirements Two bills that would have required additional information on truth in taxation (TNT) notices and discussion at hearings were defeated. One would have required cities to publish the prior year and proposed budget amounts in the newspaper advertisement. It would have reimposed the levy publication requirement. The other would have required local governments to discuss the impact of changes in the total market value of each type of property and the resulting tax burden shifts to other classes of property. The proposal would also have required local governments to pass a resolution acknowledging that they understood the shifting would occur and were going to reduce their levy to prevent the shift. SH Public, not government, as client of audit A proposal to clarify that the residents and taxpayers of the state are the clients of an audit of a local government, not thc unit of government being audited, did not pass. SH MSA for cities under 5,000 Cities under 5,000 population will not be allowed to form a joint public works department with another small city to become eligible for municipal state aid. SH Voter approval for tax levies greater than income growth Local governments will not be required to hold a local referendum to get authodty to raise property tax levies at a rate that is greater than the percentage change in Minnesota personal income. SH Return of excess building code revenues to cities Excess revenues from the building permit surcharge that funds the state building code division will not be refunded to cities to help fund their inspection departments. $H A pwposal to reinstate the per capita and overall levy limits on cities and counties did not pass. It would also have required state review of ail governmental unit levies. GC Legislature limited to odd-year sessions A constitutional amendment that would have restricted the Legislature to convening only in the first year of the biennium, with authority to call special sessions, did not get a hearing and did not pass the Legislature. SH Other constitutional amendments Right to bear arms and full funding of state mandates on local governments did not get approval. SH Absentee voting Although the Senate approved legislation that would have allowed voters to cast absentee ballots without qualification in the 1994 election if voting was done in person during 30 days prior to election at a location designated by the county auditor, the bill failed to receive action in the House when it became the focus of efforts to change the 1993 state campaign finance reforms and ethics regulations approved earlier this session. AH Term limits Proposals for a state constitutional amendment to limit terms of state constitutional officers, legislators, members of congress, and even local !,S-16 LMC Cities Bulletin Legislation that did not pass elected officials failed to get floor action in either House or Senate. AH Alternative regulation of telephone companies In late March, the Senate Committee on Jobs, Enm~ and Community Development tabled a bill to allow telephone companies to petition thc Public Utilities Commission for an alternative regulation plan. Thc new plan would have pcrmiued the telephone industry to introduce new voice, video, and data services without regulation at either the state or local level, thereby denying local government and residents a role in determining how such telecommunications could benefit the community and or assuring competition. AH Ethical practices Housekeeping legislation for the State Ethical Practices Board which would have clarified many issues oonceming local govermmnts was not Legislation vetoed by the governor Leaves of absence for union activities A bill whicb would have required all public employers to grant leaves for any employee's union activities was vetoed, but thc chief authors passed a more limited version of thc bill by attaching it to an education bill. That law was signed and consequently school districts won't bc able to stop union activities for one teachers' union on thc basis that thc school district's teachcrs arc represented by another teachers' union. JJ Simulated elections for minors The governor vetoed a proposal that would have authorized a program allowing minors (under 18) to vote at thc polls in a simulated election at thc same time as a primary or general election. AH Metropolitan guidelines for comprehensive choice housing A bill that would have required the Metropolitan Council to adopt guidelines and a formula for allocating a full range of housing options in every city in the metropolitan area was vetoed. Comprehensive choice housing referred to single and multifamily housing affordable to households with certain income levels. The bill would have also authorized a study of existing barriers to affordable housing and an anntml review to establish whether each city was in compliance with thc allocation for that community. It would have required cities with an inmJequa~ supply of affordable housing to reach that objective. AH Welfare reform Governor Carlson announced proposals for sweeping reform early in the session, watched as conservatives a~Uac_-ked abortion notice and other provisions to the bill, saw the legislature strip several sections from thc weifare rcfmTn bill and attach them to a health and human services bill, and then vetoed thc bill because it spent too much on a wide variety of health programs. JJ May 27, 1994 League of Minnesota ClUes 3490 Lexington Avenue North SL Paul, MN 55126-8044 Fa~: m~mbcrs*S45. ~ Pddlcstlms Where to get Information at the Capitol Cople~ of bibs House Chief Clerk's OW~e - 296-2314, Rm. 211' Sec'mary of Senate's Office - 2~6-2343, Rm. 231' Bill tutus, authors, companion, oommittee referral (by blU number, author, or topic) House Index - 296-6646, Pon. 211' Senat~ Index - 296-2857, Rm. 231' Weekly committee schedule~ bill introductions, and summaries of cmnmittee and tom' action House Information Office - 296-2146, Bm. 175'* Senat~ Information Offb:e - ~96-0~04, Rm. 231' Recording of the foUowlng day*s committee schedule and agenda, {after 4:30 p.m.) "Hous~ Call' - 296-9283 Senat= Hotline . 296.8088 To reach · member ~n the House or Senate floor House S~,g~at ~ Ann~ - 296~8~ ~a~ P~ ~sk - 2~159 'il) nfl~lfy the governor's omce of your concerns Governor Amc Carlson - 296-3391, Rm. 130' Capitol, St. Paul, MN SSI$S °*State Of~'e Building, SC paul SS1SS Ali area codes ar~ 612 FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. ~223 Patrick Hmnt~ms M_qr. 590 40th Ave NE Colur:,bia Heights., MN 55421-38Z8 . i'r ~e of ~nn~o~ Oties ~ worMng with legislative Duke Addlck~ Diroctm' of Intergovernmental Relations edan Peskar, Oeneral Counsel Pendont Gar~ Cariso~ Senior lntetgovernmental Relations Repr~en~tive General revenue somas for cities Local government umt fund Aid to cities Pmpert~ tax system ~ ~ ~oiM ~ ~nu~ve Trans~n F~ ~n of .'~ ~ ~~t ~ ~~nt ~v~t Iv~ ~ coo~n ~ ~ lnt~o~tal ~fions Relze~ntafive Tenons Joel Jamnlk, Senior lntersovernn~.n~ Relations Representative Growth man~em~nt and land use Per. onnel and labor relations Public safety General municipal governance Mary Diedflch, Legislative Sec~etxry JulJe Johns, Legislative Sec~tary League of Minnesota ,m Cities B ti'oll' tin Number 15 May 27, 1994 1 League staff review session Free seminar will The League's intergovernmental relations staff and Executive Director Jim Miller went on the road this week to report on the accomplishments and changes of the 1994 legislative session. According to IGR Director Duke Addicks, for a short session, the Legislature was quite active. The result was improved laws for cities in some areas, and prevention of some propos- als that cities opposed. Priority issues that saw action were state aid to cities, thc local government trust fund, data practices and thc open meeting law, landfill cleanup, public employment, labor relations, tax increment financing, contamination cleanup grants, and annexation. For summaries of these and other issues, see the law summaries section of this issue of the Bulletin, starting on page LS- 1. Intermediate bond funds decline in value Tom Grundhoefer Recent newspaper articles have noted that the dramatic rise in interest rates over the past couple of months has caused a number of mutual funds that invest in intermediate-term government securities to decrease in value. Hardest hit by the rising interest rate environment have been the intermediate bond funds with signifi- cant portions of their portfolio in government mortgage-backed securi- ties and their derivatives. Piper Jaffray's Institutional Government Income Portfolio, which has nearly 62 percent of its portfolio in mortgage- backed derivatives, in particular has suffered a very significant decline in share value. (Although Piper also manages the League's 4-M money market fund, neither the League nor the 4-M fund have any involvement in Piper's Institutional Government Income fund.) A number of cities have invested in some of these intermediate funds. The market actions serve as a reminder of how important it is for cities to periodically re-evaluate their invest- ment holdings, and to make sure that the characteristics of the city's invest- ments are consistent with the city's cashflow needs and the city's invest- ment philosophy and strategy. explore how the law affects Minnesota elected city officials The League of Minnesota Cities has waived the fee for the seminar Governing Your City: Real Life Scenarios and Minnesota Law. Thc seminar will explore some actual situations involving thc open meeting law, data practices, land use decisions, and employee dismissal, the issues that can cause problems if the council doesn't handle them con'ectly. A panel of veteran elected officials and several attorneys will share their CXl~.~riences and legal perspectives. Th6 workshop will include hands-on time to discuss possible responses, and answers to your questions. To find out how others have tackled these important issues, attend thc half-day workshop scheduled for Tuesday, June 7, 1994 from 1:00 to 5:00 p.m. at the Radisson St. Paul Hotel. It will take place just before thc League's Annual Conference and will adjourn in time for you to have dinner in St. Paul and attend thc kickoff event featuring Garrison Kcillor. To register for thc seminar, call Cathy I~widio at (612) 490-5600 or I- 800-925-1122 plus your city code. See page 3 for details. Page LS-I Law Summaries Bulletin increases coverage A review of the session: succcs~s for cities and law sunllllarJes The Bulletin adds new information: Upcoming League Meetings, and reviews of LMCIT board actions. Route to: Contents League staff review session ...................................................... I Intermediate bond funds decline in value ................................. I Free seminar will explore how the law affects Minnesota elected city officials ................................................................ ! Governing your city ................................................................... 3 LMCIT Board of Trustees reviews benefit programs ...............4 LMCIT is looking for planning committee volunteers .............4 MALHFA reviews legislative session, announces meetings ..... 5 Some city elected officials qualify for early retirement incentives .............................................................. 5 Upcoming League Meetings ..................................................... 5 League board appoints leadership advisory committee ............6 1994 Salary and Benefit surveys near completion .................... 6 Free recreation access survey for ADA compliance ................. 6 Minnesota I-IFA to participate in HUD risk-sharing program .... 7 Media coverage complaints topic of workshop .......................... 7 MPCA proposes update for state superfund list ......................... 7 Local government trust fund ...................................................... Training, awards ...................................................................... 10 Law summaries .................................................................... IS-I Municipal Ads ................................................................... IS- ! 8 The Cities Bulletin is a publication of Ihe League of Minnesota Cities and includes an update of stat~ legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by fl~e Association of Metropoli- tan Municipalities. The Cities Bulletin listn autho~ of bill aununarins and some articles by their initials. JoeIJ~nnik-JJ Sarah Hackelt-$H AnnHiggins-AH GaryCadson--GC League legislative ~laff m~mbe~ are ~.vallable ~o answer your questions concem- iog legislation relating to cilies. Executive liirt~or Edilom l~llea'llinl~ aad d~ Ji,n Miller Jean Mchlc (knn¢l G.'lyk- BnMI League of Minnesota Cities, 3490 Lexington Avenue North. St. Paul, MN 55126 Phone: (612) 490-5600; Fax: (612) 490--0072; TDD: (612) 490-9030;, 1400-925-1122. plu~ your city code. Printed on recycled paper Page 2 LMC Cities Bulletin A free program for all elected city officials Tuesday, June 7, 1994 1:00 - 5:00 p.m. Radisson Saint Paul Hotel Do you struggle with questions about what you and your fellow councilmembers can and cannot do? How have other elected officials handled the legal challenges of making decisions in the public arena? What happens if the council makes the wrong legal decision? For answers to these and other questions city elected officials face every day, attend the Governing Your City workshop. It will include a discussion of several actual situations involving the open meeting law, data practices, land use decisions, and employee dismissal issues. It features: -A- A panel of veteran elected officials sharing what they w. ould do. -k Several attorneys experienced in working with cities providing legal perspectives, discussing key principles, and revealing what actually happened. Intriguing senarios that are all too real. -A- Hands-on time in facilitated small groups (o discuss possible responses. Answers to your questions. The registration fee has been waived by the League. You MUST re~7/$ter /n advmTce. Call Cathy Do v/dio by June 3 at (612) 490-5600 LMCIT Board of Trustees reviews benefit programs Peter Tritz To keep member cities better informed on developments and issues with LMCIT, we'll be publishing a summary of the LMCIT Board of Trustees meetings as a regular feature of the Bulletin. When possible we'll also include a summary of the trustees' agenda for upcoming meetings. LMCIT Board addresses health and dental coverage issues The LMCIT Board's main business for their May 18 meeting was the annual renewal of the LMCIT health, dental, and other employee benefit programs. The board took several significant actions affecting the LMCIT plans for the coming year. Rates Rates for LMCIT's small-cities health plan will continue with no change for the coming year. Most LMCIT larger city (i.e. over 25 employees) members will also see no change in their health rates for the coming year. The board also approved a four percent increase in rates for dental coverage for the coming year. Even though the trend in health care costs continues to run higher than the general increase in the cost of living, exceptionally good claims experience in the current year made it possible for the board to hold rates down to little or no increase. There have been very few large claims, and the total claims costs have been well below what was projected when the board set rates a year ago. The board also agreed to Minne- sota Mutual's proposal for a small increase in rates for Ih¢ term life coverage ofl'crcd Ihrougb i.MCI'I: 'fh¢ shoH-lel'lll disabilily coverage offered by Fortis through LMCIT will continue with no change. The trustees also decided to make available for the first time a long-term disability coverage option, also provided by Fortis. New network options The trustees decided to add a new "preferred provider organization" option for small cities. By enrolling with either PreferredOue or Select Care, small cities can reduce their premiums by 10 percent compared to rates for the standard benefit plans. While the network option isn't avail- able in all areas of the state, the trustees concluded that it was nevertheless worthwhile to make it possible for LMCIT's members to benefit from the PPO approach where it is available. Administration and excess insurance Thc trustees voted to continue thc contracts for administrative services for the health and dental programs with the current providers: DCA, Willis Corroon, MedTrac, and Celtic Life. Thc board also renewed excess coverage with Commercial Union, with an increase in LMCIT's specific retention level. Other matters The Board directed staff to continue discussions with the LOGIS group about the possibility of providing an indemnity-type health coverage option for the LOGIS member cities, to complement the HMO options LOGIS currently offers its members. The board also continued its discussion of how LMCIT should react to health reform initiatives and how reform initiatives might affect LMCIT. While it's uncertain what LMCIT's long-4erm role might be, the trustees' consensus was that LMCIT should continue to operate its benefit programs for cities as long as it is feasible to do so and the programs are serving a useful service for cities. LMCIT is looking for planning committee volunteers Lynda Woutfe This summer, LMCIT will begin the planning process for the 1995 Safety and Loss Control Workshops. LMCIT is looking for city officials to volunteer to serve on a program planning committee. The planning committee will meet once, probably in lat'e June or early July, at the League offices. We are looking for volunteers from across all city dcpartmcnl~;--public works, park/recreation, police, fire. administration, etc. Elected officials are especially encouraged to participate. We need your ideas to help us shape the 1995 workshop program. Although LMCIT is not abic to reimburse you for your travelling expenses, we will provide refresh- ments and lunch, if you are interested in serving on this planning committee, please contact Lynda Woulfc at the i,eague offices (612) 490-5600. Page 4 LMC Cities Bulletin MALHFA reviews legislative session, announces meetings Ann H~gins Thc Minnc~la Association of Local Housing Finance Agencies {MALHFA) represents housing finance issues and develops a legislative agenda for action on related matters. One issue MALHFA took action on during the 1994 session was mortgage credit certificates. The final omnibus tax bill says that cities issuing mortgage credit certifi- cates will receive annual aid payments of eight percent of the amount of certificates they issue. The aid must go to city liRAs to provide housing assistance to people with incomes below 80 percent of the area median income. Mortgage credit certificates are included in the annual volume cap allocation of mortgage revenue bonds in the state housing bond allocation I~d. MALItFA was also interested in tax increment legislative issues; eligibility for the Revenue Recapture Act; ability of HRAs to certify their levies once and to use negotiated bids for, construction of certain facilities containing housing and other uses; redefinition of lead paint abatement; an exemption from Icad abatement roles governing contractors until July 1, 1995; and an exemption for ceiling and floor tire from rules of asbestos removal. The organization has set its meetings for Mondays, July 18, October 17, January 9, and April 4 at 1:30. For further information call Rebecca Yanisch at (612) 673-5192. Some city elected officials qualify for early retirement incentives The governor has signed into law a measure passed by the 1994 Minnesota Legislature that allows employees of public hospitals and certain elected officials to take advantage of the early retirement incentive (ERA) that was offered to public employees last year. For the purposes of this early retire- ment incentive, eligible elected local government official means only: an elected city clerk, treasurer, or clerk- treasurer; and certain elected township and county officials. These individuals were inadvert- ently left out of the 1993 law. These individuals may qualify for the 1994 ERI if they retire on or after April 30, 1994 but before July 15, 1994 and are eligible to receive only those incentives offered by the employing governmental unit under the 1993 law to other employees of that governmental unit. The early retirement incentive allowed employers to offer an im- proved pension formula or employer- paid health insurance to certain employees aged 55 or older with 25 years of service. For eligibility information or a review of estimates of your pension calculated under this legislation, please contact PERA at (612) 296-7460 or toll-free ! (800)652-9026. Cities Week Advisory Committee Thursday, June 2, 1994 1:30 p.m. LMC office Conference Room C Chair: John Young, Jr., Mayor, Hawley Leadership Institute Advisory Committee Thursday, June 2, 1994 1:00 p.m. LMC office Board Room Chair: Mary Anderson LMC Board of Directors Tuesday, June 7, 1994 1:30 - 3:30 p.m. Radisson Hotel Wabasha Suite President: Chuck Winkeiman, Mayor, St. Cloud LMC Nominating Committee Wednesday, June 8, 1994 10:15 a.m. St. Paul Civic Center Room C-24 LMC Annual Meeting Thursday, June 9, 1994 3:45 p.m. St. Paul Civic Center Wilkins Ballroom, Forum A-B President: Chuck Winkelman, Mayor, St. Cloud LMC Futures Committee Friday, June 10, 1994 12:00 - 2:00 p.m. Radisson Hotel Wabasha Room May 27, 1994 Page 5 League board appoints leadership advisory committee The LMC Board of Directors has appointed an advisory committee that will be responsible for developing a Leadership Institute for Elected Officials. This action responds to the needs and interests expressed by elected officials for expanded training opportunities. Chaired by past LMC President and former Golden Valley Mayor Mary Anderson, the advisory committee will hold its first meeting on Wednesday, June 2, at ! :00 p.m. at the League offices. The first meeting will include an overview of leadei'ship programs offered by other state leagues and discusgi°n of the agenda for elected officials' focus groups that will be conducted at the Annual Conference. Focus groups are one way to gain information of training needs and interests of elected officials.. Members of the Leadership Institute Advisory Committee are: · Mary Anderson, Chair · Dave DeNoyer, Mayor, Floodwood · Dan Donahue, Manager, New Hope · Gary Dory, Mayor, Duluth · Mary Gover, Councilmember, St. Peter · Laurel Haake, City Clerk, Fisher · Lyle Hanks, Mayor, St. Louis Park · Jean Harris, Councilmember, Eden Prairie · Morris Lanning, Mayor, Moorhead · Jim Mongoven, Councilmember, East Grand Forks · Ray Navarro, Councilmember, Faribanlt · LaNelle Olsen, Counciimember, Northfield · Laurie Rauenhorst, City Clerk, Plymouth · Ed Shukle, City Manager, Mound · Marsha Soucberay, Councilmember, Shoreview · Carl Wyczawski, Mayor, New Ulm · John Young, Mayor, Hawley Free recreation access survey for ADA compliance The Minnesota State Council on Disability is disuibuting its outdoor recreation access survey without charge. This survey will help cities evaluate the accessibil- ity of their recreation programs to people with disabilities. The federal government does not have enforceable guidelines yet for recreational activities even though the Americans with Disabilities Act requires recre- ational activities, like all city services, to be accessible. The survey was designed using the overall ADA guidelines, with the assistance of the Minne- sota Department of Natural Resources and the U.S. Forest Service, and should be of great benefit to cities until formal regulations are in place. For your free copy contact the State Council on Disability at (612) 296-6785 or 1-800-945-8923 (voice and TDD). 1994 Salary and Benefit surveys near completion Copies of the League's 1994 salary and benefit surveys will be available in June. Ail participating cities receive a complimentary copy of the survey. Surveys are conducted annually in two volumes one for cities over 2,500 population and one for cities under 2.500 population. This year's surveys include: · Detailed salary information on bench~nark jobs. · lnformati,m on · Various reports on union con tracts, municipal services, average wage increases, etc. Additional copies are $20 for the cities under 2,500 publication and $30 for the cities over 2,500 publication. Tax and shipping charges are extra. For more information or to order contact: League of Minnesota Cities at (612) 490-5600 or 1-800-925-1122 plus your city c(Me. Page 6 - LMC Cities Bulletin Minnesota HFA to participate in HUD risk-sharing program The Minnesota Housing Finance Agency is one of 33 housing finance agencies selected to participate in the Housing Finance Agency risk-sharing program for insured affordable multi- family project loans. Thc program's purpose is to produce and preserve affordable multi-family housing. The risk-sharing program is an innovative approach to thc mortgage insurance delivery system aimed at increasing the supply of affordable rental housing in this country. MHFA will share with HUD in the risk of loss on loans for multi-family mortgage insurance. As a partner in this program, MHFA will originate, underwrite, and close loans for projects requiring new construction, substantial rehabilitation, or acquisition and rehabilitation. In addition, MHFA also will be responsible for the full range of loan management, servicing, and property disposition activities. HUD's role in the risk-sharing arrangement will be to insure the loans for the full mortgage insurance. A maximum of 30,000 units will be allocated to approved HFAs by a formula primarily based on population. MHFA initially has been allocated 510 units and currently is in the process of accepting developments for mortgage loan processing. Media coverage complaints topic of workshop Gary Gilson The News Council started holding public hearings on complaints against news outlets in 1971. Half the com- plaints have been upheld, half denied. The process is an alternative to lawsuits. The News Council releases its decisions to the news media, which publish and broadcast them, leading to a general public discussion of the ethical question complaints raise. The most prominent recent case involved Minneapolis Police Chief John Laux's complaint against KARE- TV News. The station chartered a plane and returned to Minneapolis from Chicago a suspect in the murder of Officer Jerry Haaf. Laux said the station crossed an ethical line between reporting news and making news when it became a participant in the story. He said the TV crew never told the pilot who the passenger was, they didn't know how to frisk a suspect for weapons, and any number of things could have gone wrong. The News Council agreed, and as a result of widespread news coverage of the hearing, there was vigorous discussion of the issues. The News Council's goals are to promote fairness by helping people hold the media accountable, to help the public and the media understand each other, and to help the media avoid lapses that lead to complaints. Thc News Council is an indcpen- denl, nonprofit agency. Thc council has 24 members, half media profes- sionals, half lay persons, who serve one or two three-year terms. Anyone can become a member or nominate someone else. The News Council office is at 822 Marquette Ave., Suite 200, Minneapolis, MN 55402. Editors note: Gilson is scheduled to speak at a city communicators breakfast during the LMC Annual Conference. The communicators group invites mayors, councilmembers, and city staff to attend the breakfast and hear Gilson spealc The breakfast will be on Thursday, June 9 at the Radisson Hotel, Wabasha Suite. Call Cheryl Weiler, Golden Valley (612) 593-8000 to register Cost is $10. MPCA proposes update for state superfund list For the first time since passage of Minnesota's Superfund law in 1983, thc Minnesota Pollution Control Agency's (MPCA) update of the state superfund list includes no new sites. The proposed update would remove five sites from the permanen) list of priorities (PLP). The PLP identifies sites where hazardous substances pose a potential or actual threat to public health or the environment, and il is used to allocate resources among sites requiring investigation and cleanup actions. The MPCA seeks comments on proposed changes to the list during a 30-day comment period which began May 2, 1994 and ends June 2, 1994. Send written comments to Gary Krueger, Ground Water and Solid Waste Division, Minnesota Pollution. Control Agency, 520 Lafayette Ro:ld, SI. Paul, Minnesota 55155. May 27, 1994 Page 7 Local government trust fund Gary Carlson Current $29.5 million shortfall The state budget forecast last November showed a significant shortfall in the local government trust fund (LGTF) by the end of the current 1994-95 biennium. Under the trust fund statutes, local government aid (LGA) and homestead and agricultural credit aid (HACA) payments this December would be automatically cut to offset any shortfall in the Trust Fund. Although thc March forecast reported that the shortfall had diminished to $29.5 million from $44.3 million, cities still faced cuts. Thc League spent a substantial amount of time this session trying to ' find a compromise solution to the trust fund shortfall. Although cities had agreed to live with the volatility in sales tax revenues, an analysis of thc history of the trust fund indicated that the shortfall was actually thc result of legislative actions and not caused by a reduction in sales tax revenues. Despite provisions in both the House and Senate tax bills that would cover the current trust fund shortfall, there was no guarantee that any final tax compromise would become law. During conference committee negotia- tions, a gubernatorial veto of the tax bill appeared very likely. The governor had publicly stated that he would oppose and veto any tax increases. The focus of the governor's concerns were several provisions to conform Minnesota income tax law to the federal law. As a result of federal conformity, income taxes would increase for several groups of Minneso- tans, most notably higher-income senior citizens. Both the House and Senate tax bills contained another provision that would phase-down the sales tax on replacement capital equipment as well as clarify and expand the definition of new and expansion capital equipment. The position of the House and Senate was that these provisions would actually reduce taxes on another group of Minnesotans so that the overall impact of the tax bill would be little, if any, overall increase in taxes. The final tax bill (H.E3209, Chapter 587) contains a provision that will cover any shortfall in the LGTF as long as the shortfall does not exceed two percent of the estimated biennial trust fund revenues, or approximately $36 million for the 1994-95 biennium. If the upcoming November state revenue forecast projects a trust fund shortfall larger than the two percent threshold, automatic cuts in LGA and HACA will cover the excess shortfall.~,'' The March forecast indicated that the trust fund shortfall would be $29.5 million, which is well within the two percent threshold. However, recent weakness in actual sales tax collections could mean that the November shortfall estimate could be higher. Local government trust fund repeal One of the most controversial provisions in the final tax bill was the repeal the local government trust fund. The House and the Senate had very different reactions to the repeal. In the Senate, there was relatively little controversy about the provision when it was added to the original version of their omnibus tax bill. However, during the conference committee negotiations, it became apparent that many House members were extremely uneasy about the repeal. Every major city and county organization testified before the conference committee that they would not oppose the repeal of the trust fund as long as a more certain and stable replacement was enacted. Despite these assurances, many House mem- bers still opposed the repeal. The trust fund issue contributed to the temporary break down in the conference commit- tee negotiations. After nearly two weeks of confer- ence committee meetings, the House and the Senate reached an agreement. 1994 Legislative changes to LGA: percent of LGA distributed by the formula Total Dollars Percent of Year appropriation increase (in distributed by total LGA (in milllions) millions) formula distributed by the formula i 993 321.4 N/A N/A N/A 1994 330.2 8.8 8.8 2.7 1995 336.8 6.6 15.4 4.6 Page 8 LMC Cities Bulletin Most importantly for cities, the agreement appeared to suit the de- mands of the governor and it appeared likely that he would sign the final compromise, in the final agreement, the conferees decided to maintain the trust fund for the first year of the next biennium. The trust fund will officially sunset on July 1, 1996. All programs currently funded by the trust fund will be transferred back to the general fund at that time. In place of the trust fund, the Legislature established an new inflationary increase for LGA and several county aid programs. LGA formula changes The omnibus tax bill increased thc city LGA appropriation by two percent, or approximately $6.6 million for the 1995 aid distribution. The LGA formula enacted by the 1993 Legisla- ture will bc used as thc basis for future LGA distributions, with several new modifications. Thc formula will no longer phase- out the LGA grandfather but will instead establish the sum of 1993 LGA, equalization aid, and disparity reduc- tion aid as the minimum distribution for each city for 1995 and future years. All appropriation increases since 1993 and any future increases in LGA will be distributed through the LGA formula. The table on page 8 slR~ws thc increases in city LGA in 1994 and 1995 and the percent of the total appropriation distributed by thc formula. Note: 1993 LGA includes equalization aid and city disparity reduction aid. These two programs were folded into LGA beginning in 1994. Additional formula changes will limit the cities of Minneapolis, St. Paul, and Duluth to increases at the rate of the appropriation increase, or two percent for the 1995 distribution. A special provision affecting an estimated 18 smaller cities will target additional LGA to cities that transferred substan- tial general fund revenues to sewer and water enterprise funds in 1992 or 1993. New LGA index As a replacement for the repealed local government trust fund, the omnibus tax bill (Chapter 587) estab- lishes a new inflation adjustment index for local government aid beginning with the 1996 distribution. The index used for the adjustment is the implicit price deflator (IPD) for state and local government purchases of goods ami services fi~r the year prior lo thc aid distribution. The table below provides the IPD estimales prepared by the state's economic forecast consultant, Data Resources, Incorporated for several recent years and the projections for the first two years of aid distribu- tions that will be adjusted by the IPD. The actual index will be based on the IPD prepared by the Bureau of Eco- nomic Analysis of the U.S. Department of Commerce for the period ending March 31 of the previous year. This inflator will be used to adjust LGA for cities and townships as well as community social services aid (C, SSA) and county criminal justice aid (CCJA). (HACA) is not included in the auto- matic inflation calculation. Under the new law, the implicit price deflator adjustment for LGA cannot be less than 2.5 percent nor more than 5.0 percent. Under the current projections, 1996 LGA will increase by an estimated 2.8 percent, or approximately $9.5 million. Estimates of implicit price deflator for state and local government purchases of goods and services .- 12-month period ending March 31 Aid year Index Percent change ! 993 N/A 12 ! .5 1.3 1994 N/A 123.6 1.7 1995 1996 127 2.8 1996 1997 130A 2.7 May 27, 1994 Page 9 lYaining, awards Training Exploring the Boundaries of Government Finance Government Finance Officers Ass'n June 5-8~Minncapolis (312) 977-9700 l~.ague of Minnesota Cities Annual Conference League of Minnesota Cities June 7-10--St. Paul (612) 490-5600 1994 Campaign Finance Regional Meetings State Ethical Practices Board June 7--St. Paul, Centennial, 3:00 pm June I l--St. Paul State Capitol, 9:30 am August 8--St. Paul Centennial Bldg, 1:00 pm August 9--Redwood Falls County Courthouse, 4:00 pm August 10--Mankato County Courthouse, 2:00 pm August I I--Rochester, Olmsted County Courthouse, 10:00 am, 4:00 pm August 16--St. Cloud County Admin. Center, 2:00 pm August 17--Alexandria County Courthouse, 10:00am August 18--City Fire Hall, 9:00 am, 4:00 pm August 22--St. Paul, Centennial Office Building, 9:00 am August 23--St. Paul State Capitol, 4:30 pm August 27--St. Paul State Capitol, 9:30 am (612) 296-7351 or 1-800-657-3889 Election Conferences for City Clerks Secretary of Slate June 7--St. Paul Technical Collcgc, June 13--Marshall, Southwest State U June 16--Mankato, Best Western Garden Inn June 21--Hibbing, Kahlcr Park Hotel June 23--St. Cloud State University June 29--Moorhead State University All arc at 10:00 am except Marshall which is at I:00 pm. Rcncc Coffcy (612) 296-2805 Springsted training scholarship available to local officials The League of Minnesota Cities encourages local officials to apply for the Springsted training scholarship which provides funds to local government officials to cover the cost of training that will help them in their positions. For information call Sharon Klumpp at (612) 490-5600.0 Environmental Programs International City/County Management Association June 1~ Chicago, IL July 21 and 22--Kansas City, KS September Man Francisco, CA Barbara Schwartz: (202) 962-3539 Effective Facilitation Seminar Minnesota Office of Dispute Resolution June 21-23 Roger Williams: (612) 296-2633 TDD Meu~: (612) 297-5353 TDD Non-metro: i-800-627-3529 Wind Load and Flood-resistant Provisions of the Uniform Building Code international Conference of Building Officials June 27--Duluth June 28-- Minneapolis (310) 699-0541, ext. 244 Advanced Government Finance Institute Government Finance Officers Association July 17-22---Madison, WI (202) 429-2750 Clerks and finance officers group announces new publications, programs Video The Minnesota Clerks and Finance Officers Association has produced a video, which will be available in June, showing a complete election day process from the opening of the polls to final vote tabulation. The video illustrates typical voter problems as well as voters who go through balloting without difficulty; vote tabulator error messages and solutions for the Optech III-P; and routine election judge procedures and responsibilities. The cost of the video will be under $50. Price will depend on interest. Manual The Election Administration Procedural Manual is being prepared which will cover everything you always wanted to know about elections but were afraid to ask. Cost for the manual is $10. For a copy of the video or the manual call: Joycc Mercil, Director of Elections, Minneapolis, Phone: (612) 673-2073, Fax: (612) 673-3399 Mentoring program MCFOA is also starting a mentoring program for new clerks. The "Adopt a Clerk" program will help new clerks learn about their responsibili- ties. MCFOA is seeking new and veteran city clerks who would like to participate in the program. Call Gienys Ehlert at Pelican Rapids City Hall if you have questions: (218) 863-657 !. Page 10 LMC Cities Bulletin Legislative session a success for cities For a "short" session, the ! 994 session resulted in the improvement of scvcnd oily laws and programs and the prcvcnlion of Iht cn;iclmcnt of.~)mc proposals contrary to city interests. At thc annual policy adoption conference last November, the League membership established "top priority" issues for this session of the Legislature. By focusing on Ihese issues, cities achieved substantial improvements in a number of areas. These top priorities receiving legislative action were: State aid to cities and the local government trust fund: Thc goals were to stabilize the funding source for aid to cities (local government aid and homestead and agricultural credit aid), resolve the shortfall in the local government trust fund so there would be no cuts in 1994 aids, and obtain aid increases in 1995 and 1996 even though the law provided for no aid increases and the trust fund shortfall was expected to worsen in future years. The omnibus tax law provides for no reduction in LGA for 1994. LGA will increase two percent in 1995 and in future years LGA will be indexed. Data practices and open meetings: Established an attorney fcc cap at $13,000. There will be no fees or fines unless specific intent to violate the law is shown. Landf'dl cleanup: Established separate clean up programs for landfills, limited third-party lawsuits, and provided for substantial reimbursement payments for past response actions, thus saving cities millions of dollars. Public employment labor relations act: Required study of arbitralion by legislative commission on employee relations. No substantive changes enacted. Tax increment financing: Prevented harsh new penalties. Contamination clean up grants: Increased by $1.5 million. Annexation: Prevented repeal of 1992 amendments and made several positive additions to current annexation statutes. Additional major enactments of benefit to cities include the following: Uniform election day: Maintained flexibility for cities to hold local elections in even- or odd-numbered years. Elections: Expanded authority for cities to combine polling places, reduced thc costs of conducting elections, and continued to permit precinct boundary changes until June !, 2000, prior to legislative redistricting. Wetland: Modified the wetland : conservation act to exempt some public road projects, eliminated $75 fee limitation, and made other improvements. Small city audit: Reduced frequency. Board of innovation and cooperation: Obtained funding for 1995 of $2.2 million to be taken out of the general fund. Several bad ideas were not enacted: Truth in taxation: Prevented passage of additional confusing requirements. Levy limits: Defeated reimposition of levy limits. Term limits: Prevented term limit proposals from including city elected officials and succeeded in opposing constitutional amendment. Telecommunications: Prevented giving phone companies freedom from state regulation when offering new voice, video, and data services on the information superhighway. The complete sununary of new laws contains brief descriptions of ali laws affecting cities as well as de~riptions of laws which did not pass. The new intergovernmental policy development process recently adopted by the League's Board of Directors is intended to both increase membership involvement in thc legislative and congressional processes and to focus the League's efforts on solutions to major problems confronting cities. Our continual improvement in our efforts to serve the interest of city government in all areas of intergovernmental relations is part of the revitalization of the League to serve all of its members. League of Minnesota Cities staff working with legislative issues Jim Miller, Executive Director Duke Addicks, Direclor of Intergovern- mental Relations (IGR) Gary Carlson, Senior IGR Representative General revenue sources for cities Local government trust fund Aid to cities Properly tax system ,Sarah Hacketl, IGR Rcprcscntative Transl~)rl:~lion Fiscal adminislration of cities Economic development/redevelopment Government innovation and cooperation Ann Higgins, IGR Representative Telecommunications Housing Elections and ethics Utility service districts Joel Jamnik, Scnior IGR Rcpresentalivc Growth management and land u~ Environmental protection Personnel and labor relations Public safety General municipal governance Start Peskar, General Counsel Pensions May 27, 1994 LS-1 1994 law summaries, The 1994 summary of new laws includes those laws that affect city operations. Although we have attempted to be com- prehensive, there may be other laws passed affecting cities that are nol summarized here. We list the bills under general topic areas ranging from courts and crime to transportation, and by' chapter number under the topic area. Special legislation includes bills that are specific to one city. Annexation and growth management Annexation law amendments Chapter 511 (H.E228) amends the state's laws relating to annexation. Section I of the law allows population figures for cities and towns to be adjusted as a result of annexations where there has been no board hearing. Currently, population changes are only authorized following board hearings, and not authorized in annexations by ordinance. Section 2 authorizes the Municipal Board to make requests for information from other agencies and requires agency c~peration. Section 3 requires property owners or municipalities that petition for orderly annexation to notify the township 60 days prior to filing any petition, and clarifies that utility service cost estimates which must be provided by the city to the property-owner petitioners only pertain to electric utility service, not water, sewer, or other utilities. Section 4 limits annexations by ordinance of 60 acres or less of land upon property-owner petition to those areas not presently served by public sewer facilities or where public sewer facilities are not otherwise available. It also authorizes annexations by ordi- nance of any areas (no acreage limit) within two miles of the city limits if the land is granted preliminary or final plat approval after August 1, 1995, and the subdivision creates residential lots that average 21,780 square feet or less. Section 5 specifies that the action of a city to annex certain property by ordinance "does not otherwise affect the other terms and conditions or' existing'oi:~ierly annexation agree- ments...." Section 6 requires that prior to all annexations by ordinance (excepl those involving municipally owned prop- erty), the city must hold a public hearing preceded by 30 days written notice, by certified mail, to all towns affected by the proposed ordinance and to all landowners within and contigu- ous to the area to be annexed. Section 7 requires that when a city annexes land by ordinance within the "60 acres or less/no sewer property- owner petition" section or the "orderly annexation area/property-owner petition" section, the city must adopt or amend its land use controls to conform to minimum state regulations if the land is within shoreland or floodplain Section 8 specifies that in most non-city owned property annexations that are accomplished by ordinance (in contrast to municipal board heatings), the property taxes payable on the annexed land will continue to be paid to the affected town or towns for the year in which the annexations become effective, and thereafter all taxes are paid by the property owner to the city. However, the city must, in the year following the annexation, and in the next five years, pay to the town(s) a cash payment equal to 90 percent of the taxes paid by the property in the year the land was annexed, then 70 percent, 50 percent, 30 percent, and finally 10 percent in year five. The city and township may agree to a different payment. Section 9 modifies the property- owner petition process for concurrent detachment and annexations to require that the petitioners submit to the board a resolution of the city council of at least one of the affected cities. Section 10 requires all Municipal Board orders to be issued within one year (currently two years) from the day of the first board hearing on the matter. Section 11 requires all board proceedings to be heard no later than 60 days (currently 120) from receipt by the board of necessary documents. Section 12 requires the Municipal Board to file its orders with the affected county auditor and requires the county auditor to record the orders against the affected property. Section 13 requires the state Office of Strategic and Long-Range .Planning to establish criteria for defining the terms "urban or suburban in character" and "rural residential." These terms are used in the state's annexation laws to describe property which is most appropriately governed by cities or towns. The agency must report the criteria to the Legislature by February 1, 1995. LS-2 LMC Cities Bulletin t 1994 law summaries continued Section 14 specifies that all sections, except section 4 become effective August 1, 1994, and apply to annexations initiated on or after that date. Section 4 takes effect August I, 1995. JJ Development See also Housing; and TIF provisions in the tax bill under Finance and Taxes Asbestos eligible for contamination cleanup grants Chapter 587 0t.F.3209) allows asbestos contamination to be eligible for contamination cleanup grants provided there is a proactive in-place management program. Effective May 5, 1994. SH Enterprise zone program Chapter 587 (H.F.3209) creates a state enterprise zone program to provide income tax credits to encourage job growth. The credits are limited to $5,000 per employee who is employed at a wage of i 70 percent of the federal minimum wage (currently $7.22 per hour). A rural job credit program is created for employers outside the me~o area. Of the general fund appropriation of $900,000 for fiscal year 199'/, $300,000 will be allocated for Minneapolis, $300,000 for St. Paul, $60,000 for South St. Paul, with the remaining $240,000 available to other cities on a competitive basis. Effective May 5, 1994 SH Contamination cleanup grants Chapter 643 (H.F.218) provides $1.5 million in state bonding for thc contamination cleanup grant program created by the 1993 Legislature. During the 1992 session, the Legislature appropriated $2 million. SH TIF bonds and changes to the school aid program Chapter 647 (H.F.2189) provides some protection for tax increment districts in anticipation of the sunset of the current school aid and levy system June 30, 1999. Cities are authorized to make TIF revenue bonds "protected bonds" and to levy to make up for lost school district levies. For general obligation bonds, despite the repeal of the school funding system, cities will be able to estimate the expected increment from the project. Effective May 10, 1994. SH Elections Congressional reapportionment codification Chapter 406 (S.E2199) codifies the final 1992 congressional reapportionment plan determined by the Special Redistricting Panel. Effective for the 1994 state primary election and thereafter. AH Combined polling places, precinct boundaries Chapter 607 (S.E2297) allows certain cities and towns to establish a combined polling place. School district elections must be conducted in precincts established by cities. Cities may make changes in precinct boundaries until Janumy 1, 2000. Precincts must include only one congressional district. Boundary changes must be made by June I in a state general election year and must be adopted at least 90 days before the state primary. Effcctive August I. AH Codification of legislative district boundaries Chapter 612 (S.F.2197) codifies 1992 legislative dislrict boundaries as redistricted following the 1992 U.S. Census. Effective August 1. AH Uniform local elections Chapter 646 (S.F. 1512) requires statutory and home mle charter cities (as well as school dislricts and special election districts) to hold primary, general, and special elections on certain dates and prescribes uniform filing, publication, posting, and voting hours as well as a transition schedule for changing election dates. City and school district primary elections must be held on the first Tuesday after the second Monday in September; general elections on the first Tuesday after the first Monday in November of even- or odd-numbered years, effective January I, 1998. Special elections on ballot questions do not change. Cities which decide to move local elections to even-numbered years prior to January I, 1995, must follow a transition schedule to select by lot officials whose terms will expire in three and five years. After that date, cities changing the date of elections to even-numbered years may adopt a plan to have half the councilmembers' terms expire in three years, half in five years. Other provisions establishing the date of local elections, publication and posting, and voting hours, including those for special election districts, are effective August 1. AH May 27, 1994 LS-3 1994 law summaries continued Environment See also contamination cleanup under Development Special assessments for littering violations Chapter 412 (H.F.1186) authorizes cities to enforce antilitter and other solid waste disposal laws and ordi- nances by seeking civil penalties and damages from pe~ons responsible for the unauthorized deposit of solid waste. if the civil fines are unpaid, they may he imposed as liens on property and collected as special assessments. Effective August 1, 1994. JJ Indemnification for environmentally inferior waste disposal Chapter 548 (H.E2010) requires persons (including cities which haul directly or through organized collection or other method) that arrange for solid waste management and disposal in an environmentally inferior manner to indemnify generators of that waste. Thc u~ of landfills, and other disposal Ihcilitics, which arc deemed inferior to thc county-~lected method of manage- anent, require establishment of a trust fund to pay for response actions at the facility. Landfills that meet EPA Subtitle D rules (liners and leachate monitoring and collection systems) must pay $4.60 per ton into a trust account while older landfills that do not meet the EPA rules must pay $21.25 per ton. Effective February 1, 1995 or when the PCA adopts rules, whichever is sooner. JJ Groundwater protection and the legislative water commission Chapter 557 (H.F.2485) provides for the duties of the Legislative Water Commission, and adopts a groundwater protection policy for the state, includ- ing assigning responsibility among various agencies. Two Department of Health drinking water provisions which relate to establishing contaminant limits, are effective day after enact- ment, all other sections are effective August !. 1994. JJ Waste management act amendments Chapter 585 (S.F. 1788) makes many amendments to thc state's solid waste statutes, including banning mercury switches in athletic shoes. The amendments should not signifi- cantly impact city government operations. One section of the bill states that it is the goal of the state that items be distributed without any packaging where feasible, and the minimal amount possible. Another section allows an exemp- tion from the mandate that solid waste charges vary based on weight or · volume which is believed to only apply to Minneapolis, although other cities may be included. A pilot project authorizing state field citations for improper waste disposal was made permanent and should benefit cities that have experi- enced a problem with illegal dumping. The law also establishes a conversion rate that 3.33 cubic yards equals one ton for statutory and rule purposes. The law has various effective dates, some immediate, one retroactive to July 1, 1980 (the latter to increase the potential constitutionality of waste designation ordinances). JJ Regulating individual septic tank systems Chapter 617 (H.F.2158) specifies that if a local government (city, town, or county) has an ordinance regulating individual septic tank systems (ISTSs), that ordinance must he at least as restrictive as the state regulations. The law also requires state licensing of sewage treatment installers and inspectors, with an exemption for local government inspectors. Thc law requires property owners to certify the condition of their system upon transfer of the property, and appropriates $120,000 to the Minnesota Pollution Control Agency for administration of the law. All provisions other than the appropriation section effective May ! I, 1994. JJ Wetland conservation act amendments Chapter 627 (H.F. 3179) makes several modifications to the wetlands law, including the following: allows local governments to establish alternate regulatory systems that differ from the wetlands conservation act but equally protect wetlands if approved by the Board of Water and Soil Resources; clarifies the applicability of the act to the state of Minnesota and all its agencies; modifies exemption regard- ing road construction and maintenance; eliminates the $75 maximum fee for local government unit (LGU) review of replacement plans; eliminates effective May I I, 1994, LGU notice require- ments for projects which have wetland impacts of less than 10,00(I square feet; and expands permanent wetlands preserve eligibility and modifies compensation for denial of wetland replacement plans effective July I, 1994. Effective August 1, 1994, except as noted. JJ Landfill cleanup program Chapter 639 (H.F.3086) establishes a landfill environmental cleanup .) LS-4 LMC Cities Bulletin 1994 law summaries continued program; limits owner, operator, and third party liability under state superfund laws; allows for state acquisition of closed landfills; allows for acquiring insurance proceeds in exchange for accepting cleanup responsibility; and provides financing for cleaning up closed landfills through the issuance of $90 million in state bonds over the next l0 years and an increase in the state's solid waste generator fee from the current level of 12 cents per noncompacted cubic yard per collection to 60 cents per cubic yard effective January !, 1995. The law does not increase the $2 per year assessment for residential customers. The law also renames the Office of Waste Management as the Office of Environmental Assistance within the Pollution Control Agency, and transfers Metropolitan Council solid waste staff to the office. Finally, the law requires the preparation of a modified environ- mental assessment worksheet prior to the construction of a large metal shredding facility (called a Kondirator) along the Mississippi River in Minne- apolis. Various effective dates. Most landfill cleanup provisions took effect May I1, 1994. JJ Finance and taxes Property tax targeting program Chapter 383 (S.E1709) uncaps the appropriation for the property tax targeting program for 1994 refunds. Under current law, the targeting program was limited to a total appropriation of $5.5 million for FY 1995. May 27, 1994 To bring the total cost of the program within this cap, the Department of Rcvcnue adjusted thc tax increase threshold to $300 from the $100 threshold that had been in effect. As a result of this change, an applicant whose property taxes increased by at least the $100 and who had a property tax increase in excess of 12 per~nt will now qualify for the targeting refund. Thc law requires county officials to give the state information on homeowners who are potentially eligible to receive a refund as a result of this change. The law is effective the day after the final enactment. GC Status of a city for tax purposes Chapter 416 (S.F.2073) is a Department of Revenue tax technical corrections bill that clarifies and codifies department practices in administering state tax laws. The law establishes the status of a city or town on June 30 as the basis for thc calculation and distribution of aid in the subsequent year. Any municipal incorporation, consolidation, annexation, detachment, dissolution, or township organization that has an effective date on or before June 30 will be considered in the aid calculations for distribution in the following year. This date gives the department sufficient time to make the necessary calculations and complete aid certifications by thc August i deadline for local government aid (LGA) and the Scptemher 1 deadline for homestead and agricultural credit aids (HACA). Any such change in the status of a city or township that occurs after June 30 will not he considered until the aid calculations are made for the following year. GC Audit requirements for small cities and towns Chapter 546 (S.F. 1712) requires cities and towns with a combined office of clerk and treasurer, and with annual revenue of $100,000 or less. to have an audit performed once every five yc:trs. The audil may bt- comluctcd by either the state auditor's stall' tlr by a public accountant. Currently these cities and towns must have annual audits. Effective August l, 1994. SH Omnibus tax bill Chapter 587 (H.F.3209) Local government trust fund Thc new tax law will cover any shortfall in the local governmem trust fund as long as the shortfall does not exceed two percent of the estimated biennial Uust fund revenues, or approximately $36 million for the 1994-95 biennium. If the November state revenue forecast projects a trust fund shortfall larger than the two poreent threshold, automatic cuts in LGA and HACA would cover the excess shortfall. The March forecast indicated that the trust fund shortfall would be $29.5 million, which is well within the two percent threshold. However, recent weakness in actual sales tax collections may indicate that the November shortfall estimate could be higher. In the final agreement, legislators maintained the trust fund for the first year of the next biennium. The unst fund will officially sunset on July l, 1996. All programs currently funded by the trust fund will he transferred back to the general fund at that time. In place of the trust fund, the Legislature established an new inflationary increase for LGA and several county aid programs. GC Local government aid The LGA appropriation will increase by two percent, or approximately $6.6 million for the 1995 aid distribution. The 1995 LGA formula will include several modifications to the legislation enacted last year. The formula will no longer phaseout thc LGA grandfather but will instead establish thc sum of 1993 LGA, LS-5 1994 law summaries continued equalization aid, and disparity reduclion aid as thc minimum distribution for cach city fi~r 1995 and Ibturc years. All appropriation increases since 1993 and any future increases in LGA will be distributed through thc LGA fimnula. Additional fi~rmula changes will limit the cities of Minneapolis, St. Paul, and Duluth to increases at thc rote of thc appropriation increase, or two percent for thc 1995 distribution. A special provision targets additional LGA to cities that transferred substantial general fund revenues to their sewer and water enterprise funds, affecting an estimated 18 smaller cities. In place of the local government trust fund, a new index will be implemented beginning with thc 1996 aid distribution. The new index is based on thc implicit price deflator for state and local government purchases of goods and services. The index cannot be less than 2.5 percent nor greater than 5.0 percent per year. The bill did not include homestead and agricultural credit aid (HACA) in this adjustment. GC Property tax system Limited market value The limited market value provisions that the Legislature enacted last year will be phased-out in 1997 which is one year earlier than under the 1993 law. Limited market value provisions limit property valuation increa~s to l0 percent or one-third of the increase, whichever is greater. The provision continues to apply to residential homestead and nonhomestead, agricultural and cabin properties and the cap does not cover increases due to new improvements. GC "This Old House" The law modifies the eligibility requirements for the "this old house" property tax valuation exclusion. In addition to the 35-year house age requirements of the original law, houses generally must have a market value which does not exceed $150,000. Houses with a market value greater than $150,000 but less than $300,000 can qualify for the exclusion if the house is located in a city or town in which more than one-half of the homes in 1990 were built before 1960, and the 1990 median family income is less than the 1990 statewide median family income. These restrictions are effective July l, 1994 and thereafter. Applications by the homeowner for the valuation exclusion are mandatory beginning July I, 1994. Prior to the new law, applications were a county option. The application may be filed after the building permit is applied for as long as it is filed before the next assessment. The bill contains other minor clarifications that affect the "this old house" law. GC Property valuation petitions The law changes the date for filing property tax petitions to March 31. Under current law, the taxpayer must file a petition by May ! 5 of the following taxes payable year. GC Study of property taxation by square footage The law requires the Department of Revenue to conduct a study on the feasibility of basing property taxation on a square footage rather than thc current system of basing property taxation on the estimated market value of a property. The study will use Hennepin and Blue Earlh counties for the study. GC Study of homestead property tax relief The law requires the Department of Revenue to analyze the methods of providing property tax relief to homeowners including the possibility of providing the targeting and the circuit breaker property tax relief directly to the taxpayer on the property tax statement. GC S~ies tax changes Sales tax on new and replacement capital equipment The modifications to the sales tax on new and replacement capital equipment were some of the most controversial provisions of the tax bill. Thc law clarifies and expands the definition of capital equipment for purposes of the current sales tax exemption. Thc sales mx rate for replacement capital equipment will be phased-down over the next four years under the following schedule. Phase-Do~n of Sales Tax Rates on Replacement Capital Equipment Effective Date Sales Tax Rate July I, 1994 5.5% July I, 1995 4.5% July I, 1996 3.8% July 1, 1997 2.9% July 1, 1998 2.0% Capital equipment includes machinery and equipment used to produce a product for retail sales. This sales tax reduction is most likely to benefit purchases of equipment for municipal utilities. The reduction will cease on July l, 2001 if at least 4,500 new manufacturing jobs are not created. SH Firefighter protective equipment Beginning July I, 1994, personal protective equipment for firefighters will be exempt from the sales tax. This includes helmets, bunker coats and pants, boots, gloves, hoods, self- contained breathing apparatus, and other equipment required by Occupational Safety and Health Administration (OSHA). SH Repeal of the local option sales tax In conjunction with the repeal of the local government Rust fund, the law repeals the local option sales tax and incorporates the one-half cent into the overall state sales tax. Thc law also LS-6 LMC CitieS' BUlletin 1994 law summaries continued incorporates the one-half cent into other state sales taxes, including alcohol and farm inachincry. Thc law eliminates thc local oplion sales lax and Ihe pr~E~urcs fi~r ils passage and re~al on July I, 1~6. SH Coordination of state and local sales taxes The administrative problems of coordinating local option sales taxes and the state sales tax will be corrected by this law. The Department of Revenue will now be able to coordinate all applicable sales taxes that apply within a jurisdiction. (Currently, each tax is rounded to the next full cent before adding the next tax rate, resulting in a higher overall tax rate.) Effective August I, 1994. SH MVET changed to sales tax Chapter 587 (H.E3209) changes the motor vehicle excise tax to the "sales tax on motor vehicles" wherever it appears in law. SH Miscellaneous provisions Board of government innovation and cooperation The Board of Government Innovation and Cooperation, created by the 1993 Legislature, will have an additional $2.2 million from the state general fund to distribute for service sharing, cooperation planning, and consolidation grants during the next year. The rules and procedures the board has used have been incorporated into the statute. The law creates a standardized scoring system. The maximum amount of service sharing grants is raised to $100,000 (currently $50,000). Thc board will also continue to review and grant waivers to state laws and rules. SH Budgeting reform Along with several changes in gubernatorial and legislative budget estimates, the law will require the commissioner of revenue to forecast local government revenues. The commissioner must estimate the property taxes, state and federal aid dislrihulions, local sales taxes, and ;t calcgory of all olhcr revenue for cities and towns over 2,500. These same estimates will he prepared separately for school districts and for counties. These estimates will be part of the information provided to the governor and Legislature to assist them in preparing their budget resolutions. These biennial budget resolutions, prepared during odd-numbered years, must include revenue targets for the division of the share of revenue collected between the state and local governments, and the appropriate mix of taxes, including the level of property taxes. These budgeting reform efforts also affect the truth in taxation process. Beginning this fall (for notices on pay 1995 taxes), thc estimated percentage increase in Minnesota personal income will be included on the proposed tax notice that is prepared by the county. This new information will allow taxpayers to compare the proposed changes in their individual property taxes with an average change in personal income in the state. SH Mortgage credit certificate aid Cities that issue mortgage credit certificates will receive an annual aid payment of eight percent of the amount of the credits issued. This mortgage credit certificate aid must he given to the city's housing authority and used to provide housing assistance for people with incomes below 80 percent of the area median income. SH Rental tax equity pilot project St. Paul is authorized to conduct a one-year project to reduce property taxes on rental property in order to encourage maintenance and repair. The law allows the city to charge fees to landlords for evaluation of property, provides a property tax credit to reduce the property's tax to that of a single family homesteaded residence, and appropriates $1 million. A report is duc to the Legislature by January 15, 1995. Sll Local laws in the tax bill Many new, harsh penalties and restrictions on tax increment financing (TIF) wcre proposed this year. Although they would have had an unequal effect across the state, they were opposed because of the precedents they set for future restrictions on TIE In order to prevent these new penalties, efforts to have the LGA/HACA penalties removed from many districts were sacrificed. Tax increment fnancing · Lake Crystal: ExtensionofaTIF housing district. · South St. Paul: Extension ofaTIF redevelopment district. · Dawson: Extension of a TIF economic development district. · Red Wing: Extension of two TIF districts. · Fergus Falls: Exemption from state aid penalty for a new TIF economic development district, 10 percent local match, county approval. · Park Rapids: Exemption from state aid penalty for a new TIF economic development district, five percent local match. · Brooklyn Center: Exemption from state aid penalty for TIF redevelopment district, 15 percent of increment to housing development account. · Brooklyn Park: Exemption from state aid penalty for a TIF economic development district, 15 percent of increment to housing development account. · Minneapolis: Seward South, expansion of allowable TIF purposes for a new economic development disuict, county approval required. · Minneapolis: North Washington industrial park, exemption from state aid penalty for a new baTardous substance subdistrict. May 27, 1994 LS-7 1994 law summaries continued Other development tools · Eagan: Special service district. · Gaylord: Special service district. · Hopkins: Special service district to create a housing improvement area. Mankato: Port authority powers. Two Harbors: One percent local lodging tax for preservation and display of the tugboat Edna G. Nashwauk: Area ambulance service district. Benton County: EDA authority. Ramsey County: HRA authority extended. Koochiching County: Rural development finance authority. General government Ban on gifts to local and state officials Chapter 377 (H.F. 1863) prohibits gifts to public officials. Originally, and as passed by the House, the proposal only applied to the state, and metro- politan governments (including cities) that had populations greater than 50,000. When the Senate took up the bill it added all cities and counties, by layering a new section onto the bill. Consequently, metropolitan cities over 50,000 are governed by two separate but similar sections of the law. From the time the Senate included all cities and counties in the bill to the governor signing it into law took just over two weeks. This background is important because it explains why city and county associations could not inform members of the amendments or effectively lobby to fix the proposal, and why the law is so poorly drafted. One section of the law modifies the ethical practices legislation and applies to metro cities over 50,000 and the state. It regulates lobbyists and officials. Officials means local officials and includes a person who holds elective office or who is appointed to or employed in a public position in which the person has authority to make, to recommend, or to vote as a member of the governing body, on major decisions regarding the enpendi- ture or investment of public money. The law forbids lobbyists, their employer, or anyone acting upon their request, from making gifts. Gifts mean money, real or personal property, a service, a loan, a forbearance of forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. The law also prohibits officials from accepting gifts from lobbyists. The bill requires a lobbyist to report gifts of $5 or more value given or paid to any public or local official (including elected or appointed city officials). At lust this seems anoma- lous since most gifts are forbidden. However, it probably means that the lobbyist must keep track of those gifts which are legal, i.e. food or beverages given to legislators or local officials who come to functions and speak or answer questions. These reports would only require one to show an aggregate amount listing the nature of the gift and the amount given to members of the Legislature or another governing body. Another section of thc law parallels thc ethical practices board section. It does not require lobbyist- like disclosure and reporting, it is a simple prohibition. While its definition of a gift is the same, in some other respects its language might have a narrower or broader impact. Those forbidden to receive gifts include all elected or appointed officials of cities and counties and of their agencies, authorities, or instru- mentalities, like the League of Minne- sota Cities. The decision-making language from Chapter ! 0A is not used here so this section may be broader. However, because this language does not specifically address employees, some could argue that it actually has a narrower impact. Those forbidden to give gifts are any interested persons, and not just lobbyists. An interested person is a person, or representative of a person or association, that has a direct financial interest in a decision that a local official is authorized to make. Both sections of thc law provide similar exceptions to the prohibition against gifts. Acceptable gifts for all state, city, and county officials include the following: · Lawful campaign contributions; · Services to assist an official in thc performance of official duties, including but not limited to provid- lng advice, consultation, informa- tion, communication in connection with legislation, and services to constituents · Services of insignificant monetary value; · A plaque or other similar recogni- tion memento; · A trinket or memento of insignifi- cant value; · Information or material of unexcep- tional value; · Food or beverages away from the recipient's place of work given by an organization before whom the recipient appears to make a speech or answer questions as pan of a program; · Gifts to groups of which the recipient is a member and his or her share of the gift is no more than other members of the group or where a giver and recipient are members of the same family. Effective August 1, 1994. LS-8 LMC Cities Bulletin 1994 law summaries continued Disposal of certain animals Chapter 401 (H.E 2435) changes procedures to be followed when an animal left with a veterinarian, hoard- ing facility, or commercial facility is unclaimed after 10 days. After l0 days notice to an owner or, if the owner is unknown, publication in a legal newspaper, the animal may be de- stroyed without liability. Effective August l, 1994. JJ Fireworks safety and operator qualifications Chapter 405 (S.F.2425) requires the state fire marshal to study the safety of public fireworks displays and display operator qualifications and make legislative recommendations by December 31, 1994. AH Public contractors' performance and payment bond act Chapter 419 (S.F. 1692) modifies the law governing public contractors' performance and payment honds, to clarify requirements and alternative security arrangements without making substantive changes. The new law specifies that failure of a public body to get and approve a valid payment hond or an acceptable alternative will result in liability to ali persons furnishing labor and materials under the contract, and specifies procedures and time limits for making claims that depart substantially from current laws. Effective August 1, 1994 for contracts for public work awarded after July 3 !, 1994. JJ License plates for volunteer ambulance attendants Chapter 443 (H.F. 1928) authorizes the purchase, for an extra $10, of special license plates for active volunteer ambulance attendants. Plates must be forfeited if the purchaser becomes inactive or quits as an attendant. Effective August 1, 1994. JJ Charter cities may use statutory city laws Chapter 446 (S.F.2070) provides that if a city charter is silent on a matter that is addressed for statutory cities by Chapter 4 ! 2 or other general law and docs not prohibit a city charter from addressing the matter, or expressly provide that a city charter prevails over general law, then thc charter city may apply thc general law on the matter. Effective August I, 1994. JJ Citizen enforcement of disabled parking laws Chapter 495 (H.F.2426) authorizes any city (now first or second class cities only) to establish programs for citizen enforcement of vehicle parking laws relating to the physically disabled. Effective August !, 1994. JJ Bond counsel fees Chapter 533 (H.E3136) requires that attorneys performing services as bond counsel for a public agency, including a city, be paid reasonable and fair fees based on specified factors, but not based primarily on a percentage of thc amount of honds or obligations sold. Thc law requires a two-year study of the effect of this change, with a report by the state auditor due November 1, 1997. Effective August I, 1994. JJ Omnibus data practices and open meeting law amendments Chapter 618 (H.F.2028) amends thc data practices act and open meet- ings law. Much of thc new law represents a compromise between strong, competing interests represent- ing the media, public interest groups, and local governments. Data practices amendments Specifies that not public data (including private or confidential data on an individual) may be discussed at a meeting open to the public to the extent provided in the open meeting law. Specifies that a complainant has access to his or her statement to a state agency or political subdivision. Authorizes court actions to compel the release of pending civil investi- gative data. Cla.,~ifies Social Security numbe~ as private data, except to thc extent that access to the number is autho- rized by law. Classifies thc name, address, telephone number, and any other data that identifies an enrollee in a local government social or recre- ational program. Allows license applicants to request private classification of their residence, phone number, and address if they provide an alternative. Classifies all 911 audio tapes as private (with some exceptions). Classifies response or incident data regarding the alcohol concentration of drivers as public. Allows law enforcement agencies greater access to commitment information when conducting fur, arm background checks. Increases the sharing of juvenile court information between the courts, schools, and law enforce- ment agencies, including requiring law enforcement agencies to share certain information with school officials. Amends the consumer protection statutes to restrict the release of video tape rental information. Requires thc commissioner of administration, in consultation wilh thc League and other associations, to prepare a data practices acl training plan or program for local officials. Open meeting law amendments Specifies that public meetings are presumed open. Limits the ability to obtain tape May 27, 1994 LS-9 1994 law summaries continued recordings of closed labor negotia- tion sa'ategy sessions by filing a court case prior to the two-year window of privacy. Specifies that the open meeting law's provisions regarding notice for emergency meetings supersede any other statutory notice require- mcnt for a special meeting that is an c~nergency meeting. Deletes the requirement that during a public meeting a public body must make reasonable efforts to protect from disclosure not public data by using reference to letters, numbers, or other codes. Clarifies the requirement that public bodies must close one or more meetings for the preliminary consideration of personnel allega- tions or charges. Increases the civil penalty from $100 to $300. Specifies that forfeiture of office may be imposed only upon prevail- ing in three separate actions involving intentional violations. Authorizes reasonable attorney fees for plaintiftg up to $13,000. Authorizes reasonable attorney fees for defendants up to $13,000 if the court finds that the action was frivolous and without merit. Specifies that a public body may pay any costs or fees (but not the fines) incurred by or awarded against any of its members in an open meeting law action. Specifies that no monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate the open meeting law. Various effective dates for the data practices sections, many of which are May I I, 1994. Thc open meeting law anlcndnlcnls arc effective Augusl I. 1994 and apply to violations alleged Io have occurred after that date. JJ Administrative procedures act (APA) amendments Chapter 629 (H.E 1899) makes several minor modifications to how state agencies adopt rules. As adopted, the law modifies the composition and duties of the Legislative Commission to Review Administrative Rules, requires state agencies to report to the Legislature every four years (beginning in the year 2000) regarding their general and specific grants of rulemaking authority, and allows the governor or the chair of a standing committee to which a bill is referred to require rulemaking notes on legislative bills that details impact information and the estimated cost of the rule. The law requires the Ethical Practices Board to adopt advisory opinions which have general effect as rules. Most sections effective August 1, 1994; Ethical Practices Board section effective July !, 1995. JJ Best practices reviews Chapter 632 (S.F.2913) authorizes the legislative auditor to examine the procedures and practices used to provide local government services (including cities) to determine the best methods of service delivery and practices which reduce costs or improve the effectiveness of the service. The auditor will then recommend cost-effective service delivery methods and practices to local governments. An advisory council, including three appointments from the League of Minnesota Cities, will select the local government services to be reviewed. A $200,000 general fund appropriation will be available for the reviews in 1995. The best practice review program is scheduled to continue until July 1999. SH Restrooms, ratios for facilities by gender Chapter 632 (S.F.2913) requires new or substantially replaced public facilities to have at least three restroom facilities for women for every two provided for men. The requirement affects stadiums, community halls, theaters, and amusement facilities. The commissioner of administration will set rules for the ratios of restroom facilities. Effective July 1, 1995. SH Renaming building inspectors building officials Chapter 634 (H.F.984) makes several minor amendments, including redesignating certified building inspectors as certified building offi- cials. The law allows local govern- ments to retain state surcharge amounts collected on building permits if the total amount of the surcharge does not exceed $25. The building code sections are effective August I for the name change and July 1, 1994, for the surcharge retention provision. JJ Housing Manufactured homes: Repossession actions Chapter ~.~ (S.F. 1825) restricts repossession actions related to manufactured homes to the county in which the unit is located. Effective August I. AH Mobile homes: Zoning authority Chapter 473 (H.F. 2666) prohibits cities, towns, or counties from enact- lng, amending, or enforcing a zoning ordinance which has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in parks con- LS-IO ............. LMc Cities BUlletin 1994 law summaries continued strucled before January I, 1995, if the park, when constructed, complied with the then existing requirements. Effec- tiveAugust 1, 1994. JJ Penalties for failure to provide written lease Chapter 496 (H.E 1859) subjects the owner of a multiunit building with 12 or more residential units to petty misdemeanor penalties for failure to provide a lease. Effective August 1, 1994 for new or renewed tenancy beginning on or after August 1, 1994 Conciliation court jurisdiction over rental property matters Chapter 502 (S.F. 1732) allows condominiums, cooperatives, and townhouse associations to be represented in district court action and gives conciliation court jurisdiction to determine damages arising from landlord-tenant disputes. Priority is to be given to actions alleging that thc tenant is causing a nuisance or seriously endangering other residents, their property, or thc owner's property. Effective August I, 1994. AH Prohibiting smoking in common areas of apartments Chapter 520 (H.E423) adds common areas of apartment buildings to public places where smoking is prohibited. Effcctivc August I. AH Mortgage revenue and small issue industrial development bonding authority Chapter 527 (H.F.3122) changes procedures for allocating bonding authority to include mortgage credit certificates in the annual volume cap allocation for housing pool and enterprise zone facility bonds in the small issue pool. Small issue IDBs may finance facilities in empowerment zones or enterprise communities created under new federal programs. Any amount of bonding authority reserved to entitlement cities not used is deducted from thc next allocation for that entitlement city. Proceeds from residential rental bonds can only be used if the city participates in the project. Cities which do not use at least 50 percent of their allocation by April 15, and at least $200,000 of their allotment in the year in which the allotment is made may not apply to the housing pool or receive an allotment the following year. Highest priority for allocation will be for enterprise zone facility bonds. Sections applying to enterprise zone facility bond allocations and city participation in residential rental projects are effective the day following final enactment. AH Lead and asbestos abatement Chapter 567 (S.F.2710) requires state building code provisions to be developed by January I, 1996, to carry out lead abatement procedures and redefines lead abatement. Abatement contractors hired to perform procedures must be licensed by the state. Local boards of health are to contract with the state health commissioner to conduct assessments to determine sources of lead contamination. In consultation with local HRAs and others, the state is to develop by July l, 1995 lead-safe procedures for nonlead abatement activities. Fees required for applying for or renewing a lead abatement license are waived for city employees. The commissioner of health is authorized to adopt standards and methods for abating lead in soil and for controlling lead in drinking water and must publish a list of census tracts at high risk for toxic lead exposure for priority prevention. Cities and local boards of health are to follow priorities established under these provisions. Individuals who do painting, renovation, rehabilitation, or remodeling work not related to lead abatement do not need to obtain a lead abatement contractor license. May 27, 1994 The commissioner of health is directed to apply for federal grants to help cover the cost of current training in lead abatement procedures and to increase the number of certified trainers. Requirements for testing of intact paint will not take effect until July 1, 1995. Other provisions are effective the day following enactment. AH Metropolitan Council study of housing redevelopment and rehabilitation Chapter 577 (S.E1740) requires the Metropolitan Council to study housing redevelopment and rehabilitation and report to the Legislature by July I, 1995 on standards cities should use to evaluate costs and benefits of redeveloping and rehabilitating rental and owner- occupied housing. The purpose is to increase the supply of housing affordable to those with low incomes. The study will consider roles of various levels of government, nonprofit, and for-profit developers and the impact of current bouging redevelopment and rehabilitation financing. The law requires cities and various agencies to assist in the study by providing data. Effective the day following final enactment. AH Housing Finance Agency programs Chapter 586 (S.E2064) authorizes MHFA to make or participate in rehabilitation loans without regard to income for the purchase and rehabilitation of existing owner- occupied residential housing and for home improvement loans under the American Indian housing program. MHFA is also authorized to make loans to certain Section 8 rental property owners. Federal Iow-income housing tax credits in the metropolitan area may only go to new construction or substantial rehabilitation to projects LS-II 1994 law summaries continued where at least 75 percent of the units are single room occupancy units, efficiencies, or one bedroom units and to multifamily housing that is not restricted to seniors. Effective May 5, 1994. AH Replacement housing in first cla~ cities Chaplcr 632 (S.F.2913) provides flexibility in Ihc requirement that Minneapolis, St. Paul, and Duluth furnish replacement housing on a one- to-one basis when Iow-income housing is lost because of redevelopment. These cities will be able to count rent subsidies and vouchers and home- ownership toward replacement requirements. They may also avoid thc requirement for units that are vacant for more than one year. Minneapolis and St. Paul will be allowed to locate replacement housing anywhere in the metro area. SH Personnel EMS and insurer use of HIV antibody tests Chapter 475 (S.F. 1794) prohibits health insurers from obtaining or using HIV antibody test results arising out of exposures to patients or from the routine testing of emergency medical service personnel. Effective August 1, 1994. JJ Name of unemployment compensation Chapter 488 (tt.F. 3053) renames unemployment compensation as reemployment insurance and modifies pyovisions relating to reporting (including repeal of thc requirement for employer-provided separation notices), eligibility, and liability for benefits. Effective August I, 1994. JJ Short-term accident and health plans Chapter 506 (S.E 1912) authorizes the sale of short-term accident and health insurance policies that provide coverage for up to 185 days, or longer to cover hospitalization which extends beyond the 185 days. Effective day after enactment. JJ Arbitration study and BMS settlement form Chapter 560 (H.F.2624) ratifies state labor agreements, changes duties of the Legislative Commission on Employee Relations (LCER), extends the jurisdiction of the compensation council to state and metro agency heads, and reduces the upper salary for the executive director of the Board of Judicial Standards. Two sections affect cities directly. One section requires the LCER to study the use of arbitration to resolve impasses in contract negotiations between public employers and exclu- sive representatives of public employ- ecs. The report must be submitted to the Legislature by January 15, 1995 and must examine differences in costs between arbitrated awards and negoti- ated settlements, the process by which arbitrators are selected, other forms of interest arbitration, and alternatives to the use of arbitration. The other section involves the mandate for common calculation of union contracts and awards costs. Until the commissioner of the Bureau of Mediation Services (BMS) adopts a rule that pruvides otherwise, all public employers, including cilics, shall u~ thc "uniform baseline and ~ttleanent form" and accompanying instructions. For union agreements or arbitra- tion awards that were entered into or issued between December 31, 1.993 and May 5, 1994 the public employer shall complete the form and make it avail- able to the public within 60 days of May 5. No publication or posting requirements exist for these forms, they must simply be made available to the public. While this new language might eliminate the need for city staff to provide the form to the council, obviously it would be prudent to only do so upon direction from the council. For all settlements or awards after May 5, the form must be prepared and submitted to the council prior to contract ratification. The BMS settlement form and compensation council sections are effective May 5, 1994; ali other sections are effective August 1, 1994. JJ MnCare and health care reform Chapter 625 (S.E2192) amends the MinnesotaCare act. Most significantly the law delays thc target date for universal coverage in Minnesota until July I, 1997. The commitment for universal coverage by 1997 constitutes a financial obligation for the state in excess of $100 million annually, without an identified revenue source. Eligibility for MnCare is expanded effective October 1, 1994 to include single adults and households with no children whose income is less than ! 25 percent of the federal poverty guide- lines. This expansion is expected to boost enrollment from the current level of 60,000 enrollees to 90,000 individu- als and by itself will create an annual state shortfall by 1997 of $74 million. Concern about the market's rush to establish Integrated Service Networks OSNs) prompted a moratorium on large ISN formation, but the Legislature allowed the creation of smaller ISNs .~rving up Io 50,{R}O paticnls which arc termed community integrated ~rvice networks (CISNs). Another significant change requires HMOs to offer greater access to "allied independent health provid- ers'' which include out of network LS-12 LMC Cities Bulletin 1994 law summaries continued chiropractors, marriage and family therapists, social workers, and dieti- tians. The HMOs can impose creden- rials, managed care requirements, and contract terms on these providers, and treat the services as a separate insur- ance plan. In a controversial action, access to allied independent health providers is not required of state medical programs under Medicare, medical assistance, general assistance, or under the MnCare program, as well as to state employees under state benefit plans. The law has many effective dates, some immediate, some retroactive. JJ Public employees insurance purchasing task force Chapter 632 (S.F.2913) creates a task force to study thc possibility of creating a cooperative of all public (non-state) employees to purchase medical and dental insurance. The 13- member task force will include representatives from the League of Minnesota Cities, unions, the Department of Employee Relations, and other local government organizations. A report is due to the Legislature by March 1, 1995. SH Liquor law amendments Chapter 61 ! (H.F.2617) bans the sale of malt liquor or other registration brand labels implying an Indian leader connection; removes thc 8:00 p.m. Christmas Eve sale restriction; allows temporary on-sale intoxicating liquor licenses to state registered political committees; limits a city from issuing more than three temporary intoxicating or nonintoxicating liquor licenses to any one organization or location within a 12-month period; specifies that cities may not allow the same business name to be used by more than one of its off- sale intoxicating liquor licensees; and revises the suspension and revocation statute to give more discretion to the licensing authority. Various effective dates, many immediate. JJ Mandatory missing children protocol for police departments Chapter 636 (H.E2351) is the omnibus crime law 'for 1994. One of its many provisions requires that by August 1, 1995 all local law enforce- ment agencies adopt a written policy governing the investigation and management of cases related to missing and endangered children. Effective August I, 1995. JJ Public Safety Interstate police use Chapter 441 (H.F. 1966) authorizes peace officers in adjoining states to render assistance to Minnesota peace officers on request, grants them arrest authority if they act under the direction of a Minnesota officer, and for tort liability purposes specifies that the officer is deemed to be an employee of thc elective or appointive agency of thc peace officer requesting assistance. Effective August I, 1994. JJ Special legislation St. Cloud: Fingerhut TIF district Chapter 376 (H.E2213) gives eight exemptions to thc tax increment financing law for the Fingerhut district in St. Cloud. Thc exemptions include allowing up to 25 years for the district (currently limited to I I years), eminent domain authority for property adjacent to the district, and excmption from thc local government aid (LGA)/ homestead and agricultural credit aid (HACA) penalty. SH Anoka: Library merger Chapter 378 (H.F. 1956) allows Anoka to discontinue providing library services. Anoka County will assume responsibility for services to city residents. Effective January I, 1995. SH Duluth: G.O. bonds for convention center improvements Chapter 489 0t.E2433) allows the city of Duluth to issue $4 million in general obligation bonds without a referendum so the city can finance improvements to the city convention center. Effective upon local approval. St. Paul: Replacement of lead. pipes Chapter 504 (H.F.2175) authorizes St. Paul to replace lead pipes located on private property at the written request of property owners and allows thc city to pay or reimburse the cost for removal and installation. The city may issue general obligation or special obligation bonds to fund thc program. Effective thc day after local approval. AH Hutchinson: Bonding authority for tri-agency maintenance facility Chapter 522 (H.F. 1901) allows Hutchinson to issue up to $1.5 million in general obligation bonds without a referendum. The bonds will be usexl to provide the city's share of a new transportation maintenance facility to be u.e~l jointly by thc city, McLeod County, and the Minnesota Department of Transportation. The law allows thc May 27, 1994 LS-13 1994 law summaries continued voters of the city to request a referendum prior to June 30, 1994 on Ihe issuance of the bonds. Effective will~)ul local approval, unless rcqucsled by June I, 1994. SH Ramsey County road turnback funding Chapter 439 (H.F.2936) allows Ramsey County to provide $8,000 per mile for each mile of county road that is turned back to cities within thc county with populations less than 5,000 (and for White Bear Township). The turnback program is a product of a 1992 Ramsey County study which resulted in a substantial number of exchanges of road jurisdiction. The per-mile appropriation will increase or decrease according to an engineering cost index. All roads turned back under this funding program will be raised to a set county standard before transfer occurs. Cities are allowed to return these roads to the county if the funding agreement is not met. Effective August 1, 1994. SH Rochester: Dissolution of city HRA, creation of Olmstead County HRA Chapter 493 (H.F. 1957) dissolves the Rochester Housing and Redevelopment Authority (HRA) and designates a new membership for the county HRA. Four of the seven Olmstead County HRA members will be appointed by the Rochester City Council. Other cities within thc county may still establish their own HRAs. Effective upon local approval. SH Transportation Transit funding Chapter 632 (S.F.2913) appropriates $10 million for transit for the general fund, $1.6 million additional funding for transit programs in Greater Minnesota for 1995, and $8.4 million for thc regional transit board to distribute to regular routes in the metro area, the metro mobility program, and to rural and small-urban systems in Greater Minnesota. SH MSA, local speed limits, bridge inspections, public vehicles Chapter 635 (H.E301 I) redefines the mileage for thc municipal state aid (MSA) street system to include 20 percent of a city's streets, plus road turnbacks from thc county and thc state. Speed limits on residential roadways of less than one-quarter mile may be reduced to 25 miles per hour if the local road authority posts both the beginning and the end of thc special speed zone. Ail city-owned vehicles are required to have the name of thc city displayed on both sides of thc vehicle in letters at least 2.5 inches high by 0.5 inches wide in a contrasting color that must be kept clean and visible during thc use of the vehicle (unmarked vehicles used for police, fire, or arson work are excluded). Leased vehicles are included in the requirements (removable placards may be used). All electronic traffic signals installed after January I, 1995 must be equipped to handle traffic system preemption systems. The law also includes the following: requires bridge inspections at least every two years; authorizes design-build bridges for nonmotorized vehicles; provides for a study of road pricing options, and a study of the desirability of requiring insurance requirements on seat belt use; increases MSA contributions to the disaster and research accounts. (A requirement for a traffic signal in North Oaks, and sound barriers on segments of 1-394, state trunk highway 252, and 1-694, were vetoed.) SH Miscellaneous transportation funding and policy Chapter 640 (H.E3230) provides funding and grants for: construction of state trunk highways-$15 million; electric vehicle technology study-- $200,000; study of high-speed rail corridor between the Twin Cities and Chicago--S630,000 (contingent on funding from Wisconsin and the federal government); surcharge on fines imposed for speeding in work zones; and expanded authority for the Metropolitan Council to make certain transportation loans. Effective July I, 1994. (A $5.5 million appropriation for MnDOT's state road operation costs was vetoed.) SH Transportation bonding Chapter 643 (H.F.218) provides state bonds for: completion of the Bloomington Ferry Bridge--S7.63 I million; local bridge replacement and rehabilitation--$12.445 million; light rail transit (LRT) engineering and final design costs for thc central corridor-- $10 million; capital improvement projects for the metropolitan transit commission (MTC)--$10 million; federal aid demonstration projects-- $3.924 million; and miscellaneous LS-14 LMC Cities Bulletin 1994 law summaries continued MnDOT facility projects--S13.016. (The total state bonding package was nearly $650 million.) SH Motor vehicle operation Chapter 645 (H.F.942) requires that every driver is "responsible for becoming and remaining aware of potential highway hazards" and "must use duc care in operating in a vehicle." Effective August I, 1994. SH companies must petition thc PUC for a determination ,of how Iht service is to be classified. New services may be as subject to effective competition or emerging competition and regulated if the new service is not integrally related to providing adequate local phone service or access to thc telephone network or to customer privacy, health, and safety. Thc section related to the extension of alternative regulation is effective thc day following enactment. Sections related to emerging and effective competition are effective June I, 1994. AH Utilities Extending regulation of competitive telephone services and incentive plans Chapter 534 (H.F.2134) extends the incentive plan regulation of telephone services until June l, 1996 or until the State Public Utilities Commission (PUC) issues a final order, whichever is earlier. The law requires PUC to determine configuration and cost allocation for expanded area telephone service. Emerging competition provisions will regulate certain new services offered for the first time after August 1, 1994. When first offering a service, telephone "Quick take" condemnation Chapter 610 (S.F.788) prohibits municipal utilities from acquiring the right to serve the property of a rural electric cooperative through use of "quick take" condemnation proceedings during eminent domain proceedings. Provisions allow cities to petition the Public Utilities Commission for interim service rights. Effective the day following enactment and applies to acquisitions begun on or after that date. AH Access to government information Chapter 632 (S.E2913), the state supplemental budget act, contains a section to improve public access to government information and to make government more effective through thc use of information technology. The state Information Policy Office OPO) will organize and staff a government information access council comprised of state officials, higher education and business leaders, telephone company representatives, union representatives, legislators, and reprc.~ntatives from otber interests. Thc council will consider bow to provide government information and data at all levels and. will examine how government can encourage privatizafion of digital information systems to improve delivery of services and how to make more government information available directly or through business enterprises. The Legislature appropriated $400,000 to assist the council in its work. The Public Utilities Commission will need to ease access to and distribution of government information and the Department of Revenue must study how tax policy might facilitate use of information technology. The Legislature has approved $25,000 for planning an institute of telecommunications technology and education at the University of Minnesota to develop existing and new telecommunications and information networks and provide technical assistance in the use of such systems. EffecfiveAugust 1. AH May 27, 1994 LS-15 Legislation that did not pass Broader use of DNA Passage of this bill was not sought duc lo a Minnesota Supreme Court case which in el'IL-ct implemented thc bill by allowing prosecutors and cxpen witnesses to commcnt on thc statistical probability of a DNA match. JJ Workers' compensation reform Passed by the Senate after several unusual procedural actions, including a changing of the chief authors, the bill was not taken up on the House floor after the House DFL caucus failed to reach a consensus on what set of reforms it wanted to pass. JJ Video gambling in bars Never built momentum due to pre- session position taken by the governor and legislative leaders against expanding gambling. One of thc interesting "what ifs" of the 1994 session is whether the huge Mystic Lake profits would have affected this bill if they had been made public earlier in the session. JJ Gas tax increase, transit funding increase The House and Senate could not agree on the appropriate mechanism for increasing funding for roads and transit. The governor's opposition to tax increases intensified thc stalemate. Proposals for cons!itutional amendments to dedicate a portion of the motor vehicles excise tax (MVET) to transit, and undedicate the use of gas tax and vehicle registration revenues in the seven-county metro area also failed. SH New CSAH formula For thc third session, there were discussions of a new formula to distribute the 29 percent of the highway user distribution fund allocated to counties. Proposals to rcallocatc thc county state aid highway (CSAH) funds to increase the distribution to metro area counties did not pass. AH Additional TNT requirements Two bills that would have required additional information on truth in taxation (TNT) notices and discussion at hearings were defeated. One would have required cities to publish the prior year and proposed budget amounts in the newspaper advertisement. It would have rcimposed the levy publication requirement. The other would have required local governments to discuss the impact of changes in the total market value of each type of property and the resulting tax burden shifts to other classes of property. The proposal would also have required local governments to pass a resolution acknowledging that they understood the shifting would occur and were going to reduce their levy to prevent the shift. SH Public, not government, as client of audit A proposal to clarify that the residents and taxpayers of the state are thc clients of an audit of a local government, not the unit of government being audited, did not pass. SH MSA for cities under 5,000 Cities under 5,000 population will not be allowed to form a joint public works department with another small city to become eligible for municipal state aid. SH Voter approval for tax levies greater than income growth Local governments will not be required to hold a local referendum to get authority to raise property tax levies at a rate that is greater than the percentage change in Minnesota personal income. SH Return of excess building code revenues to cities Excess revenues from the building permit surcharge that funds the state building code division will not be refunded to cities to help fund their inspection departments. SH A proposal to reinstate the per capita and overall levy limits on cities and counties did not pass. It would also have required state review of all governmental unit levies. GC Legislature limited to odd-year sessions A constitutional amendment that would have restricted the Legislature to convening only in the first year of the biennium, with authority to call special sessions, did not get a hearing and did not pass the Legislature. SH Other constitutional amendments Right to bear arms and full funding of state mandates on local governments did not get approval. SH Absentee voting Although the Senate approved legislation that would have allowed voters to cast absentee ballots without qualification in the 1994 election if voting was done in person during 30 days prior to election at a location designated by the county auditor, the bill failed to receive action in the House when it became the focus of efforts to change the 1993 state campaign finance reforms and ethics regulations approved earlier this session. AH Term limits Proposals for a state constitutional amendment to limit terms of state constitutional officers, legislators, members of congress, and even local IrS- 16 LMc Cities Bulletin Legislation that did not pass elected officials failed to get floor action in either House or Senate. AH Alternative regulation of telephone companies In late March, the Senate Committee on Jobs, Energy and Community Development tabled a bill to allow telephone companies to petition the Public Utilities Commission for an alternative regulation plan. The new plan would have permitted the telephone industry to introduce new voice, video, and data services without regulation at eilher the state or local level, thereby denying local government and residents a role in determining how such telecommunications could benefit the community and or assuring competition. AH Ethical practices Housekeeping legislation for the State Ethical Practices Board which would have clarified many issues concerning local governments was not enacted. AH Legislation vetoed by the governor, Leaves of absence for union activities A hill which would have required all public employers to grant leaves for any employee's union activities was vetoed, but the chief authors passed a more limited version of the bill by attaching it to an education bill. That law was signed and consequently school districts won't be able to stop union activities for one teachers' union on the basis that the school district's teachers are represented by another teachers' union. JJ Simulated elections for minors The governor vetoed a proposal that would have authorized a program allowing minors (under 18) to vote at the polls in a simulated election at the same time as a primary or general election. AH Metropolitan guidelines for comprehensive choice housing A bill that would have required the Metropolitan Council to adopt guidelines and a formula for allocating a full range of housing options in every city in thc metropolitan area was vetoed. Comprehensive choice housing referred to single and multifamily housing affordable to households with certain income levels. The bill would have also authorized a study of existing barriers to affordable housing and an annual review to establish whether each city was in compliance with the allocation for that community. It would have required cities with an inadequate supply of affordable housing to reach that objective. AH Welfare reform Governor Carlson announced proposals for sweeping reform early in the session, watched as conservatives attacked abortion notice and other provisions to the bill, saw the Legislature strip several sections from the welfare reform bill and attach them to a health and human services bill, and then vetoed the bill because it spent too much on a wide variety of health programs. JJ May 27, 1994 League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126.8044 F~x~ &12~90-0072 TDD: 612-490-9030 1-800-92~1122, pim y~r city Where to get Information at the Capitol Copies nE bibs House Chief Cinrk's OffF. e - 296-2314, P. zn. 211' Secretary of Senate's Office - 296-2343, Rm. 231' Bill status, authors, companion, committee referral (by bill numbeF, author, or topic) House Index - 296-6646, Rm. 211' Senate Index - 296-2887, Rm. 231' Weekly committee schedules, bill introductions, and summaries of committee and floor action House Information Office - 296-2146, Rm. 175'* Senate Information Office - 296-0504, Rm. 231' Reeordlng of the following day's committee schedule and agenda, (after 4:30 p.m.) 'House Call" - 296-9283 Senate HotUne - 296-8088 To reach · member on the House or Senate floor House Sergeant at Arms - 296-486O Senate Page Desk - 296-4159 'lb n(dify the governor*s office of your concerns Governor Arne Carlson - 296-3391, Rm. 130' *S~ate Capitol, St. Paul, MN 55155 **Sate Office Building, St. paul 55155 AIl ar~a codes m~ 612 RRST CLASS U.S. POSTAGE PAID st. P~ul, MN PERMIT NO. ;1223 ~im Miner, Executive Diwc~r Duke Addlcks, Director of Intergovernmental Relations Vdan Pmdtm', General Counsel Punaion~ Gary Carlson, Senior Intergovemmen~l Relations Representative General revenue sources for cities Local government Imst fund Aid to cities Property tax system Sarah Hackett, Intergovm'nmental Relations Rejresentafive Transpoflation F~! administration of cities Economic development and redevelopment Government innovation and ~ooperation Ann Higgins, Intergovernmental Relations Representative Telecommunications Hona~ Elections and ethics Utility service districts Jod Jnmnik, Senior Intergovernmental Relations Representative Growth management and land use Enviromnental protection Personnel and labor rclatiom Public safety ~eneral municil~l governance Matt Diedrich, Legislative Secretary Julie Johns, Legislative Secretary League of Minnesota Citi Cities e'tin Number 15 May 27, 1994 League staff review session Free seminar will The League's intergovernmental relations staff and Executive Director Jim Miller went on the road this week to report on the accomplishments and changes of the 1994 legislative session. According to IGR Director Duke Addicks, tbr a short session, the Legislature was quite active. The result was improved laws for cities in some areas, and prevention of some propos- als that cities opposed. Priority issues that saw action were state aid to cities, the local government trust fund, data practices and the open meeting law, landfill cleanup, public employment, labor relations, tax increment financing, contamination cleanup grants, and annexation. For summaries of these and other issues, see the law sumtnaries section of this issue of the Bulletin, starting on page LS-1. Intermediate bond funds decline in value Tom Grundhoefer Recent newspaper articles have noted that the dramatic rise in interest rates over the past couple of months has caused a number of mutual funds that invest in intermediate-term government securities to decrease in value, ttardest hit by thc rising interest rate environment have been the intermediate bond funds with signifi- cant portions of their portfolio in government mortgage-backed securi- ties and their derivatives. Piper Jaffray's Institutional Government Income Portfolio, which has nearly 62 percent of its portfolio in mortgage- backed derivatives, in particular has suffered a very significant decline in share value. (Although Piper also manages the League's 4.-M money market fund, neither the League nor the 4-M fund have any involvement in Piper's Institutional Government Income fund.) A number of cities have invested in some of these intermediate funds. The market actions serve as a reminder of how important it is for cities to periodically re-evaluate their invest- ment holdings, and to make sure that the characteristics of the city's invest- ments are consistent with the city's cashflow needs and the city's invest- ment philosophy and strategy. explore how the law affects Minnesota elected city officials The League of Minnesota Cities has waived the fee for the seminar Governing Your City: Real Life Scenarios and Minnesota Law. The seminar will explore some actual situations involving the open meeting law, data practices, land use decisions, and employee dismissal, the issues that can cause problems if the council doesn't handle them correctly. A panel of veteran elected officials and several attorneys will share their experiences and legal perspectives. The workshop will include hands-on time to discuss possible responses, and answers to your questions. To find out how others have tackled these important issues, attend the half-day workshop scheduled for Tuesday, June 7, 1994 from 1:00 to 5:00 p.m. at the Radisson St. Paul Hotel. It will take place just before the League's Annual Conference and will adjourn in time for you to have dinner in St. Paul and attend thc kickoff cvenl featuring Garrison Keilior. To register for the seminar, call Cathy Dovidio a! (612) 4~)-56iX~ or 1- 800-925- I ! 22 plus your city code. See page 3 for details. Page LS-I Law Summaries A review of the session: successes for cities and law summaries Bulletin increases coverage The Bulletin adds new information: Upcoming League Meetings, and reviews of LMCIT board :;ctions. Route to: Contents League staff review session ....................................................... 1 Intermediate bond funds decline in value ................................. 1 Free seminar will explore how the law affects Minnesota - elected city officials ............................................................. :.. 1 Governing your city ................................................................... 3 LMCIT Board of Trustees reviews benefit programs ............... 4 LMCIT is looking for planning committee volunteers ............. 4 MALHFA reviews legislative session, announces meetings ..... 5 Some city elected officials qualify for early retirement incentives .............................................................. 5 Upcoming League Meetings ..................................................... 5 League board appoints leadership advisory committee ............ 6 1994 Salary and Benefit surveys near completion .................... 6 Free recreation access survey for ADA compliance ................. 6 Minnesota I-IFA to participate in HUD risk-sharing program ... 7 Media coverage complaints topic of workshop ......................... 7 MPCA proposes update for state superfund list ........................ 7 Local government trust fund .................................................... 8 Training, awards ...................................................................... 10 Law summaries .................................................................... LS-I Municipal Ads ................................................................ LS-18 The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by the Association of Metropoli- tan Municipalities. The Cities Bulletin lists authors of bill surnmaries and some articles by their initials. JoelJamnik-JJ SarahHackett--SH AnnHiggins-AH GaryCarlson--GC League legislative staff members are available to answer your questions concern- ing legislation relating to cities. Executive Director Edilors Type~tting smd dt~ign Jim Miller Je.'m Mt'hie Goad Gayle Brtnlt League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 Phone: (612} 490-5600; Fax: (612) 490-0072; TDD: (612) 490-9030; 1-800-925-1122, plus your city code. Printed on recycled paper Page 2 LMC Cities Bulletin A free program for all elected city officials Tuesday, June 7, 1994 1:00 - 5:00 p.m. Radisson Saint Paul Hotel Do you struggle with questions about what you and your fellow councilmembers can and cannot do? How have other elected officials handled the legal challenges of making decisions in the public arena? What happens if the council makes the wrong legal decision? For answers to these and other questions city elected officials face every day, attend the Governing Your City workshop. It will include a discussion of several actual situations involving the open meeting law, data practices, land use decisions, and employee dismissal issues. It features: -A- A panel of veteran elected officials sharing what they would do. -A- Several attorneys experienced in working with cities providing legal perspectives, discussing key principles, and revealing what actually happened. -A- Intriguing senarios that are all too real. -A- Hands-on time in facilitated small groups to discuss possible responses. -~ Answers to your questions. The registration fee has been waived by the League. You MUST reg/ster /n advance. Ca//Cathy Oov/d/o by June $ at (612) ~90-5600 LMCIT Board of Trustees reviews benefit programs Peter Tritz To keep member cities better informed on developments and issues with LMCIT, we'll be publishing a summary of the LMCIT Board of Trustees meetings as a regular feature of the Bulletin. When possible we'll also include a summary of the trustees' agenda for upcoming meetings. LMCIT Board addresses health and dental coverage issues The LMCIT Board's main business for their May 18 meeting was the annual renewal of the LMCIT health, dental, and other employee benefit programs. The board took several significant actions affecting the LMCIT plans for the coming year. Rates Rates for LMCIT's small-cities health plan will continue with no change for the coming year. Most LMCIT larger city (i.e. over 25 employees) members will also see no change in their health rates for the coming year. The board also approved a four percent increase in rates for dental coverage for the coming year. Even though the trend in health care costs continues to run higher than the general increase in the cost of living, exceptionally good claims experience in the current year made it possible for the board to hold rates down to little or no increase. There have been very few large claims, and the total claims costs have been well below what was projected when the board set rates a year ago. The board also agreed to Minne- sot:l Mutual's proposal for a s~nall increase in rates for the term life coverauc offered ihrou-h LMCIT. The short-term disability coverage offered by Fortis through LMCIT will continue with no change. The trustees also decided to make available for the first time a long-term disability coverage option, also provided by Fortis. New network options The trustees decided to add a new "preferred provider organization" option for small cities. By enrolling with either PreferredOne or Select Care, small cities can reduce their premiums by 10 percent compared to rates for the standard benefit plans. While the network option isn't avail- able in all areas of the state, the trustees concluded that it was nevertheless worthwhile to make it possible for LMCIT's members to benefit from the PPO approach where it is available. Administration and excess insurance The trustees voted to continue the contracts for administrative services for the health and dental programs with the current providers: DCA, Willis Corroon, MedTrac, and Celtic Life. The board also renewed excess coverage with Commercial Union, with -an increase in LMCIT's specific retention level. Other matters The Board directed staff to continue discussions with the LOGIS group about the possibility of providing an indemnity-type health coverage option for the LOGIS member cities, to complement the HMO options LOGIS currently offers its members. The board also continued its discussion of how LMCIT should react to health reform initiatives and how reform initiatives might affect LMCIT. While it's uncertain what LMCIT's long-term role might be, the trustees' consensus was that LMCIT should continue to operate its benefit programs for cities as long as it is feasible to do so and the programs are serving a useful service for cities. LMCIT is looking for planning committee volunteers Lynda Woulfe This summer, LMCIT will begin the planning process for the 1995 Safety and Loss Control Workshops. LMCIT is looking for city officials to volunteer to serve on a program planning committee. The planning committee will meet once, probably in late June or early July, at the League offices. We are looking for volunteers from across ;ill city tlepartmcnls--public works, park/recreation, police, fire, administration, etc. Elected officials are especially encouraged to participate. We need your ideas to help us shape the 1995 workshop program. Although LMCIT is not able to reimburse you for your travelling expenses, we will provide refresh- ments and lunch. If you are interested in serving on this planning committee, please contact Lynda Woulfe at the League offices (612} 490-5600. l'age 4 LMC Cities Bulletin MALHFA reviews legislative session, announces meetings Ann Higgins Thc Minnesota Association or' Local Housing Finance Agencies (MALHFA) represents housing finance issues and develops a legislative agenda for action on related matters. One issue MALHFA took action on during the 1994 session was mortgage credit certificates. The final omnibus tax bill says that cities issuing mortgage credit certifi- cates will receive annual aid payments of eight percent of the amount of certificates they issue. The aid must go to city HRAs to provide housing assistance to people with incomes below 80 percent of the area median income. Mortgage credit certificates are included in the annual volume cap allocation of mortgage revenue bonds in the state housing bond allocalion pool. MALltFA was also interested in tax increment legislative issues; eligibility for the Revenue Recapture Act; ability of HRAs to certify their levies once and to use negotiated bids for; construction of certain facilities containing housing and other uses; redefinition of lead paint abatement; an exemption from lead abatement rules governing contractors until July 1, 1995; and an exemption for ceiling and floor tire from rules of asbestos removal. The organization has set its meetings for Mondays, July 18, October 17, January 9, and April 4 at 1:30. For further information call Rebecca Yanisch at (612) 673-5192. Some city elected officials qualify for early retirement incentives The governor has signed into law a measure passed by the 1994 Minnesota Legislature that allows employees of public hospitals and certain elected officials to take advantage of the early retirement incentive (ERA) that was offered to public employees last year. For the purposes of this early retire- ment incentive, eligible elected local government official means only: an elected city clerk, treasurer, or clerk- treasurer; and certain elected township and county officials. These individuals were inadvert- ently left out of the 1993 law. These individuals may qualify for the 1994 ERI if they retire on or after April 30, 1994 but before July 15, 1994 and are eligible to receive only [hose incentives offered by the employing governmental unit under the 1993 law to other employees of that governmental unit. The early retiremen~t incentive allowed employers to offer an im- proved pension formula or employer- paid health insurance to certain employees aged 55 or older with 25 years of service. For eligibility information or a review of estimates of your pension calculated under this legislation, please contact PERA at (612) 296-7460 or toll-free I (800)652-9026. Cities Week Advisory Committee Thursday, June 2, 1994 1:30 p.m. LMC office Conference Room C Chair: John Young, Jr., Mayor, Hawley Leadership Institute Advisory Committee Thursday, June 2, 1994 1:00 p.m. LMC office Board Room Chair: Mary Anderson LMC Board of Directors Tuesday, June 7, 1994 1:30 - 3:30 p.m. Radisson Hotel Wabasha Suite President: Chuck Winkelman, Mayor, St. Cloud LMC Nominating Committee Wednesday, June 8, 1994 10:15 a.m. St. Paul Civic Center Room C-24 LMC Annual Meeting Thursday, June 9, 1994 3:45 p.m. St. Paul Civic Center Wilkins Ballroom, Forum A-B President: Chuck Winkelman, Mayor, St. Cloud LMC Futures Committee Friday, June 10, 1994 12:00 - 2:00 p.m. Radisson Hotel Wabasha Room May 27, 1994 Page 5 League board appoints leadership advisory committee The LMC Board of Directors has appointed an advisory committee that will be responsible for developing a Leadership Institute for Elected Officials. This action responds to the needs and interests expressed by elected officials for expanded training opportunities. Chaired by past LMC President and former Golden Valley Mayor Mary Anderson, the advisory committee will hold its first meeting on Wednesday, June 2, at 1:00 p.m. at the League offices. The first meeting will include an overview of leadei'ship programs offered by other state leagues and discusfi0n of the agenda for elected officials' focus groups that will be conducted at the Annual Conference. Focus groups are one way to gain information of training needs and interests of elected officials. Members of the Leadership Institute Advisory Committee are: · Mary Anderson, Chair · Dave DeNoyer, Mayor, Floodwood · Dan Donahue, Manager, New Hope · Gary Doty, Mayor, Duluth · Mary Gover, Councilmember, St. Peter · Laurel Haake, City Clerk, Fisher · Lyle Hanks, Mayor, St. Louis Park · Jean Harris, Councilmember, Eden Prairie · Morris Lanning, Mayor, Moorhead · Jim Mongoven, Councilmember, East Grand Forks · Ray Navarro, Councilmember, Faribault · LaNelle Olsen, Councilmember, Northfield · Laurie Rauenhorst, City Clerk, Plymouth · Ed Shukle, City Manager, Mound · Marsha Soucheray, Councilmember, Shoreview · Carl Wyczawski, Mayor, New Ulm · John Young, Mayor, Hawley Free recreation access survey for ADA compliance The Minnesota State Council on Disability is distributing its outdoor recreation access survey without charge. This survey will help cities evaluate the accessibil- ity of their recreation programs to people with disabilities. The federal government does not have enforceable guidelines yet for recreational activities even though the Americans with Disabilities Act requires recre- ational activities, like all city services, to be accessible. The survey was designed using the overall ADA guidelines, with the assistance of the Minne- sota Department of Natural Resources and the U.S. Forest Service, and should be of great benefit to cities until formal regulations are in place. For your free copy contact the State Council on Disability at (612) 296-6785 or 1-800-945-8923 (voice and TDD). 1994 Salary and Benefit surveys near completion Copies of the League's 1994 salary and benefit surveys will be available in June. All participating cities receive a complimentary copy of the survey. Surveys are conducted annually in two volumes one for cities over 2,500 population and one for cities under 2,500 population. This year's surveys include: · Detailed salary information on benchmark jobs. · Int'orm:~tion on benefits. · Various reports on union con tracts, municipal services, average wage increases, etc. Additional copies are $20 for the cities under 2,500 publication and $30 for the cities over 2,500 publication. Tax and shipping charges are extra. For more information or to order contact: League of Minnesota Cities at (612) 490-5600 or 1-800-925-1122 plus your city code. Page 6 LMC Cities Bulletin Minnesota HFA to participate in HUD risk-sharing program The Minnesota Housing Finance Agency is one of 33 housing finance agencies selected to participate in the Housing Finance Agency risk-sharing program for insured affordable multi- family project loans. The program's purpose is to prtxluce and preserve affordable multi-family housing. The risk-sharing program is an innovative approach to the mortgage insurance delivery system aimed at increasing the supply of affordable rental housing in this country. MHFA will share with HUD in the risk of loss on loans tbr multi-fa~nily mortgage insurance. As a partner in this program, MHFA will originate, underwrite, and close loans for projects requiring new construction, substantial rehabilitation, or acquisition and rehabilitation. In addition, MHFA also will be responsible for the full range of loan management, servicing, and property disposition activities. HUD's role in the risk-sharing arrangement will be to insure the loans for the full mortgage insurance. A maximum of 30,000 units will be allocated to approved HFAs by a formula primarily based on population. MHFA initially has been allocated 510 units and currently is in the process of accepting developments for mortgage loan processing. Media coverage complaints topic of workshop Gary Gilson The News Council started holding public hearings on complaints against news outlets in 1971. Half the com- plaints have been upheld, half denied. The process is an alternative to lawsuits. The News Council releases its decisions to the news media, which publish and broadcast them, leading to a general public discus:don of the ethical question complaints raise. The most prominent recent case involved Minneapolis Police Chief John Laux's complaint against KARE- TV News. The station chartered a plane and returned to Minneapolis from Chicago a suspect in the murder of Officer Jerry Haaf. Laux said the station crossed an ethical line between reporting news and making news when it became a participant in the story. He said the TV crew never told the pilot who the passenger was, they didn't know how to frisk a suspect for weapons, and any number of things could have gone wrong. The News Council agreed, and as a result of widespread news cove,'age of the hearing, there was vigorous discussion of the issues. The News Council's goals are to promote fairness by helping people hold the media accountable, to help the public and the media understand each other, and to help the media avoid lapses that lead to complaints. The News Council is an indepen- dent, nonprofit agency. The council has 24 ~netnbers, half media profes- sionals, half lay persons, who serve one or two three-year terms. Anyone can become a member or nominate someone else. The News Council office is at 822 Marquette Ave., Suite 200, Minneapolis, MN 55402. Editors note: Gilson is scheduled to speak at a city communicators breakfast during the LMC Annual Conference. The communicators group invites mayors, councilmembers, and city staff to attend the breakfast and hear Gilson speak. The breakfast will be on Thursday, June 9 at the Radisson Hotel, Wabasha Suite. Call Cheryl Weiler, Golden Valley (612) 593-8000 to register. Cost is $10. MPCA proposes update for state superfund list For the first time since passage of Minnesota's Superfund law in 1983, the Minnesota Pollution Control Agency's (MPCA) update of the state superfund list includes no new sites. The proposed update would remove five sites from the permanent list of priorities (PLP). The PLP identifies sites where hazardous :substances pose a potential or actual threat to public health or the enviromnent, and il is used to allocate resoun:es among sites requiring investigation and cleanup actions. The MPCA seeks comments on proposed changes to the list during a 30-day comment period which began May 2, 1994 and ends June 2, 1994. Send written comments to Gary Krueger, Ground Water and Solid Waste Division, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, Minnesota 55155. May 27, 1994 Page 7 Local government trust fund Gary Carlson Current $29.5 million shortfall The state budget forecast last November showed a significant shortfall in the local government trust fund (LGTF) by the end of the current 1994-95 biennium. Under the trust fund statutes, local government aid (LGA) and homestead and agricultural credit aid (HACA) payments this December would be automatically cut to offset any shortfall in the Trust Fund. Although the March forecast reported that the shortfall had diminished to $29.5 million from $44.3 million, cities still faced cuts. The League spent a substantial amount of time this session trying to ' find a compromise solution to the trust fund shortfall. Although cities had agreed to live with the volatility in sales tax revenues, an analysis of the history of the trust fund indicated that the shortfall was actually the result of legislative actions and not caused by a reduction in sales tax revenues. Despite provisions in both the House and Senate tax bills that would cover the current trust fund shortfall, there was no guarantee that any final tax compromise would become law. During conference committee negotia- tions, a gubernatorial veto of the tax bill appeared very likely. The governor had publicly stated that he would oppose and veto any ~xx increases. The focus of the governor's concerns were several provisions to conform Minnesota income tax law tO the federal law. As a result of federal conformity, income taxes would increase for several groups of Minneso- tans, most notably higher-income senior citizens. Both the House and Senate tax bills contained another provision that would phase-down the sales tax on replacement capital equipment as well as clarify and expand the definition of new and expansion capital equipment. The position of the House and Senate was that these provisions would actually reduce taxes on another group of Minnesotans so that the overall impact of the tax bill would be little, if any, overall increase in taxes. The final tax bill (H.E3209, Chapter 587) contains a provision that will cover any shortfall in the LGTF as long as the shortfall does not exceed two percent of the estimated biennial trust fund revenues, or approximately $36 million for the 1994-95 biennium. If the upcoming November state revenue forecast projects a trust fund shortfall larger than the two percent threshold, automatic cuts in LGA and HACA will cover the excess shortfall.' The March forecast indicated that the trust fund shortfall would be $29.5 million, which is well within the two pement threshold. However, recent weakness in actual sales tax collections could mean that the November shortfall estimate could be higher. Local government trust fund repeal One of the most controversial provisions in the final tax bill was the repeal the local government trust fund. The House and the Senate had very different reactions to the repeal. In the Senate, there was relatively little conlxoversy about the provision when it was added to the original version of their omnibus tax bill. However, during the conference committee negotiations, it became apparent that many House members were extremely uneasy about the repeal. Every major city and county organization testified before the conference committee that they would not oppose the repeal of the trust fund as long as a more certain and stable replacement was enacted. Despite these assurances, many House mem- bers still opposed the repeal. The trust fund issue contributed to the temporary break down in the conference commit- tee negotiations. After nearly two weeks of confer- ence committee meetings, the House and the Senate reached an agreement. 1994 Legislative changes to LGA: percent of LGA distributed by the formula Total Dollars Percent of Increase (in total LGA Year appropriation distributed by (in milllions) millions) formula distributed by the formnls_ 1993 321.4 N/A N/A N/A 1994 330.2 8.8 8.8 2.7 1995 336.8 6.6 15.4 4.6 Page 8 LMC Cities Bulletin Most importantly for cities, the agreement appeared to suit the de- mands of the governor and it appeared likely that he would sign the final compromise. In thc final agreement, thc conferees decided to maintain tile trust fund for the first year of the next biennium. The trust fund will officially sunset on July 1, 1996. All programs currently funded by the trust fund will be transferred back to the general fund at that time. In place of the trust fund, the Legislature established an new inflationary increase for LGA and several county aid programs. LGA formula changes The omnibus tax bill increased the city LGA appropriation by two percent, or approximately $6.6 million for the 1995 aid distribution, The LGA formula enacted by the 1993 Legisla- ture will be used as the basis for future LGA distributions, with several new modifications. The formula will no longer phase- out the LGA grandfather but will instead establish the sum of 1993 LGA, equalization aid, and disparity reduc- tion aid as the minimum distribution for each city for 1995 and future years. All appropriation increases since 1993 and any future increases in LGA will be distributed through the LGA formula. The table on page 8 shows the increases in city LGA in 1994 and 1995 and the percent of the total appropriation distributed by the formula. Note: 1993 LGA includes equalization aid and city disparity reduction aid. These two programs were folded into LGA beginning in 1994. Additional formula changes will limit the cities of Minneapolis, St. Paul, and Duluth to increases at the rate of the appropriation increase, or two percent for the 1995 distribution. A special provision affecting an estimated 18 smaller cities will target additional LGA to cities that transferred substan- tial general fund revenues to sewer and water enterprise funds irt 1992 or 1993. New LGA index As a replacement for the repealed local government trust fund, the omnibus tax bill (Chapter 587) estab- lishes a new inflation adjustment index for local government aid beginning with the 1996 distribution. The index used for the adjustment is the implicit price deflator (IPD) for state and local government purchases of goods and services fi~r tile year prior lo tile aid distribution. The table below provides the IPD estimates prepared by the state's economic forecast consultant, Data Resources, Incorporated for several recent years and the projections for the first two years of aid distribu- tions that will be adjusted by the IPD. The actual index will be based on the IPD prepared by the Bureau of Eco- nomic Analysis of the U.S. Department of Commerce for the period ending March 31 of the previous year. This inflator will be used to adjust LGA for cities and townships as well as community social services aid (CSSA) and county criminal justice aid (CCJA). (HACA) is not included in the auto- matic inflation calculation. Under the new law, the implicit price deflator adjustment for LGA cannot be less than 2.5 percent nor more than 5.0 percent. Under the current projections, 1996 LGA will increase by an estimated 2.8 percent, or approximately $9.5 million. Estimates of implicit price deflator for state and local government purchases of goods and services 12-month period ending March 31 Aid year Index Percent change 1993 N/A 121.5 1.3 1994 N/A 123.6 1.7 1995 1996 127 2.8 1996 1997 130.4 2.7 May 27, 1994 Page 9 Training, awards Training Exploring the Boundaries of Government Finance Government Finance Officers Ass'n June 5-8--Minneapolis (312) 977-9700 League of Minnesota Cities Annual Conference League of Minnesota Cities June 7-10---St. Paul (612) 490-5600 1994 Campaign Finance Regional Meetings State Ethical Practices Board June 7--St. Paul, Centennial, 3:00 pm June ll--St. Paul State Capitol, 9:30 am August 8--St. Paul Centennial Bldg, 1:00 pm August 9--Redwood Falls County Courthouse, 4:00 pm August 10--Mankato ' County Courthouse, 2:00 pm August 1 l--Rochester, Olmsted County Courthouse, 10:00 am, 4:00 pm August 16--St. Cloud County Admin. Center, 2:00 pm August 17--Alexandria County Courthouse, 10:00am August 18--City Fire Hall, 9:00 am, 4:00 pm August 22--St. Paul, Centennial Office Building, 9:00 am August 23--St. Paul State Capitol, 4:30 pm August 27--St. Paul State Capitol, 9:30 am (612) 296-7351 or 1-800-657-3889 Election Conferences for City Clerks Secretary of Stale June 7--St. Paul Technical College, June 13--Marshall, Southwest State U June 16--Mankato, Best Western Garden Inn June 21--Hibbing, Kahler Park Hotel June 23--St. Cloud State University June 29--Moorhead State University All are at 10:00 am except Marshall which is at 1:00 pm. Renee Coffey (612) 296-2805 Springsted training scholarship available to local officials The League of Minnesota Cities encourages local officials to apply for the Springsted training scholarship which provides funds to local government officials to cover the cost of training that will help them in their positions. For information call Sharon Klumpp at (612) 490-5600.0 Environmental Programs International City/County Management Association June 1~ Chicago. IL July 21 and 22--Kansas City, KS September 8--San Francisco, CA Barbara Schwartz: (202) 962-3539 Effective Facilitation Seminar Minnesota Office of Dispute Resolution ~ June 21-23 Roger Williams: (612) 296-2633 TDD Metro: (612) 297-5353 TDD Non-metro: 1-800-627-3529 Wind Load and Flood-resistant Provisions of the Uniform Building Code International Conference of Building Officials June 27--Duluth June 28-- Minneapolis (310) 699-0541, ext. 244 Advanced Government Finance Institute Government Finance Officers Association July 17-22---Madison, WI (202) 429-2750 Clerks and finance officers group announces new publications, programs Video The Minnesota Clerks and Finance Officers Association has produced a video, which will be available in June, showing a complete election day process from the opening of the polls to final vote tabulation. The video illuslxates typical voter problems as well as voters who go through balloting without difficulty; vote tabulator error messages and solutions for the Optech III-P; and routine election judge procedures and resp0nsibiliti~s. The cost of the video will be under $50. Price will depend on interest. Manual The Election Administration Procedural Manual is being prepared which will cover everything you always wanted to know about elections but were afraid to ask. Cost for the manual is $10. For a copy of the video or the manual call: Joyce Mercil, Director of Elections, Minneapolis, Phone: (612) 673-2073, Fax: (612) 673-3399 Mentoring program MCFOA is also starting a mentoring program for new clerks. The "Adopt a Clerk" program will help new clerks learn about their responsibili- ties. MCFOA is seeking new and veteran city clerks who would like to participate in the program. Call Glenys Ehlert at Pelican Rapids City Hall if you have questions: (218) 863-6571. Page 10 LMC Cities Bulletin Legislative session a success for cities For a "short" session, the 1994 session resulted in the improvement of several oily laws and programs and the i)rcvcnlion of Iht cnaclmenl of some proposals contrary to city interests. At the annual policy adoption conference last November, the League membership established "top priority" issues for lhis session of thc Legislature. By focusing on these issues, cities achieved substantial improvements in a number of areas. These top priorities receiving legislative action were: State aid to cities and the local government trust fund: The goals were to stabilize the funding source for aid to cities (local government aid and homestead and agricultural credit aid), resolve the shortfall in the local government trust fund so there would be no cuts in 1994 aids, and obtain aid increases in 1995 and 1996 even though the law provided for no aid increases and the trust fund shortfall was expected to worsen in future years. The omnibus tax law provides for no reduction in LGA for 1994. LGA will increase two percent in 1995 and in future years LGA will be indexed. Data practices and open meetings: Established an attorney fee cap at $13,000. There will be no fees or fines unless specific intent to violate the law is shown. Landfill cleanup: Established separate clean up programs for landfills, limited third-party lawsuits, and provided for substantial reimbursement payments for past response aclions, Ihus saving cities millions of dollars. Public employment labor relations act: Required study of arbitration by legislative commission on employee relations. No substantive changes enacted. Tax increment financing: Prevented harsh new penalties. Contaminatiou clean up grants: Increased by $1.5 million. Annexation: Prevented repeal of 1992 amendments and made several positive additions to current annexation statutes. Additional major enactments of benefit to cities include the following: Uniform election day: Maintained flexibility for cities to hold local elections in even- or odd-numbered years. Elections: Expanded authority for cities to combine polling places, reduced the costs of conducting elections, and continued to permit precinct boundary changes until June 1, 2000, prior to legislative redistricting. Wetland: Modified the wetland conservation act to exempt some public road projects, eliminated $75 fee limitation, and made other improvements. Small city audit: Reduced frequency. Board of innovation and cooperation: Obtained funding for 1995 of $2.2 million to be taken out of the general fund. Several bad ideas were not enacted: Truth in taxation: Prevented passage of additional confusing requirements. Levy limits: Defeated reimposition of levy limits. Term limits: Prevented term limit proposals from including city elected officials and succeeded in opposing constitutional amendment. Telecommunications: Prevented giving phone companies freedom from state regulation when offering new voice, video, and data services on the information superhighway. The complete summary of new laws contains brief descriptions of ali laws affecting cities as well as descriptions of laws which did not pass. The new intergovermnental policy development process recently adopted by the League's Board of Directors is intended to both increase membership involvement in the legislative and congressional processes and to focus the League's efforts on solutions to major problems confronting cities. Our continual improvement in our efforts to serve the interest of city government in all areas of intergovernmental relations is part of the revitalization of the League to serve all of its members. League of Minnesota Cities staff working with legislative issues Jim Miller, Execulivc Director Duke Addicks, Director of Intergovern- mental Relations (IGR) Gary Carlson, Senior IGR Representative General revenue sources ~or cities Local government trust fund Aid to cities Property tax system May 27, 1994 Sarah llackett, I(;R Representative Transporlalit}n Joel .lamnik, Senior IGR Rcprcscnlalivc Growth management and land usc Environmental protection Personnel and labor relations Public safety General municipal governance Fiscal adminislration of cities Econmnic development/redevelopment Government innovation and cooperation Ann Higgins, IGR Representative Telecommunications Housing Elections and ethics Utility service districts Stan Peskar, General Counsel Pensions LS-1 1994 law summaries The 1994 summary of new laws includes those laws that affect city operations. Although we have attempted to be com- prehensive, there may be other laws passed affecting cities that are not summarized here. We list the bills under general topic areas ranging from courts and crime to transportation, and by chapter number under the topic area. Special legislation includes bills that are specific to one city. Annexation and growth management Annexation law amendments Chapter 511 (H.E228) amends the state:s laws relating to annexation. Section 1 of the law allows population figures for cities and towns to be adjusted as a result of annexations where there has been no board hearing. Currently, population changes are only authorized following board hearings, and not authorized in annexations by ordinance. Section 2 authorizes the Municipal Board to make requests for information from other agencies and requires agency cooperation. Section 3 requires property owners or municipalities that petition for orderly annexation to notify the township 60 days prior to filing any petition, and clarifies that utility service cost estimates which must be provided by the city to the property-owner petitioners only pertain to electric utility service, not water, sewer, or other utilities. Section 4 limits annexations by ordinance of 60 acres or less of land upon property-owner petition to those areas not presently served by public sewer facilities or where public sewer facilities are not otherwise available. It also authorizes annexations by ordi- nance of any areas (no acreage limit) within two miles of the city limits if the land is granted preliminary or final plat approval after August 1, 1995, and the subdivision creates residential lots that average 21,780 square feet or less. Section 5 specifies that the action of a city to annex certain property by ordinance "does not otherwise affect the other terms and conditions of existin~-or-dhrly annexation agree- ments...." Section 6 requires that prior to all annexations by ordinance (except those involving municipally owned prop- erty), the city must hold a public hearing preceded by 30 days written notice, by certified mail, to all towns affected by the proposed ordinance and to all landowners within and contigu- ous to the area to be annexed. Section 7 requires that when a city annexes land by ordinance within the "60 acres or less/no sewer property- owner petition" section or the "orderly annexation area/property-owner petition" section, the city must adopt or amend its land use controls to conform to minimum state regulations if the land is within shoreland or floodplain areas. Section 8 specifies that in most non-city owned property annexations that are accomplished by ordinance (in contrast to municipal board hearings), the property taxes payable on the annexed land will continue to be paid to the affected town or towns for the year in which the annexations become effective, and thereafter all taxes are paid by the property owner to the city. However, the city must, in the year following the annexation, and in the next five years, pay to the town(s) a cash payment equal to 90 percent of the taxes paid by the property in the year the land was annexed, then 70 percent, 50 percent, 30 percent, and finally 10 percent in year five. The city and township may agree to a different payment. Section 9 modifies the property- owner petition process for concurrent detachment and annexations to require that the petitioners submit to the board a resolution of the city council of at least one of the affected cities. Section 10 requires all Municipal Board orders to be issued within one year (currently two years) from the day of the first board hearing on the matter. Section 11 requires all board proceedings to be heard no later than 60 days (currently 120) from receipt by the board of necessary documents. Section 12 requires the Municipal Board to file its orders with the affected county auditor and requires the county auditor to record the orders against the affected property. Section 13 requires the state Office of Strategic and Long-Range:Planning to establish criteria for defining the terms "urban or suburban in character" and "rural residential." These terms are used in the state's annexation laws to describe property which is most appropriately governed by cities or towns. The agency must report the criteria to the Legislature by February 1, 1995. LS-2 LMC Cities Bulletin I 1994 law summaries continued Section 14 specifies that all sections, except section 4 become effective August 1, 1994, and apply to annexations initiated on or after that date. Section 4 takes effect August i, 1995. JJ Development See also Housing; and TIF provisions in the tax bill under Finance and Taxes Asbestos eligible for contamination cleanup grants Chapter 587 (H.F.3209) allows asbestos contamination to be eligible for contamination cleanup grants provided there is a proactive in-place management program. Effective May 5, 1994. SH Enterprise zone program Chapter 587 (H.F. 3209) creates a state enterprise zone program to provide income tax credits to encourage job growth. The credits are limited to $5,000 per employee who is employed at a wage of 170 percent of the federal minimum wage (currently $7.22 per hour). A rural job credit program is created for employers outside the metro area. Of the general fund appropriation of $900,000 for fiscal year 1997, $300,000 will be allocated for Minneapolis, $300,000 for St. Paul, $60,000 for South St. Paul, with the remaining $240,000 available to other cities on a competitive basis. Effective May 5, 1994 SH Contamination cleanup grants Chapter 643 (H.E218) provides $1.5 million in state bonding for the contamination cleanup grant program created by the 1993 Legislature. During the 1992 session, the Legislature appropriated $2 mffiion. SH TIF bonds and changes to the school ~d program Chapter 647 (H.F.2189) provides some protection for t~ increment districts in anticipation of the sunset of the current school aid and levy system June 30, 1999. Cities are authorized to make TIF revenue bonds "protected bonds" and to levy to make up for lost school district levies. For general obligation bonds, despite the repeal of the school funding system, cities will be able to estimate the expected increment from the project. Effective May 10, 1994. SH Elections Congressional reapportionment codification Chapter 406 (S.E2199) codifies the final 1992 congressional reapportionment plan ,determined by the Special Redistricting Panel. Effective for the 1994 state primary election and thereafter. AH Combined polling places, precinct boundaries Chapter 607 (S.F.2297) allows certain cities and towns to establish a combined polling place. School district elections must be conducted in precincts established by cities. Cities may make changes in precinct boundaries until January 1, 2000. Precincts must include only one congressional district. Boundary changes must be made by June I in a state general election year and must be adopted at least 90 days before the state primary. Effective August I. AH Codification of legislative district boundaries Chapter 612 (S.F.2197) codifies 1992 legislative district boundaries as redistricted following the 1992 U.S. Census. Effectivc August 1. AH Uniform local elections Chapter 646 (S.E 1512) requires statutory and home rule charter cities (as well as school districts and special election districts) to hold primary, general, and special elections on certain dates and prescribes uniform filing, publication, posting, and voting hours as well as a transition schedule for changing election dates. City and school district primary elections must be held on the first Tuesday after the second Monday in September; general elections on the first Tuesday after the first Monday in November of even- or odd-numbered years, effective January 1, 1998. Special elections on ballot questions do not change. Cities which decide to move local elections to even-numbered years prior to January l, 1995, must follow a transition schedule to select by lot officials whose terms will expire in three and five years. Alter that date, cities changing the date of elections to even-numbered years may adopt a plan to have half the councilmembers' terms expire in three years, half in five years. Other provisions establishing the date of local elections, publication and posting, and voting hours, including those for special election districts, are effective August 1. AH May 27, 1994 LS-3 1994 law summaries continued Environment See also contamination cleanup under Development Special assessments for littering violations Chapter 412 (H.F.1186) authorizes cities to enforce antilitter and other solid waste disposal laws and ordi- nances by seeking civil penalties and damages from persons responsible for the unauthorized deposit of solid waste. If the civil fines are unpaid, they may be imposed as liens on property and collected as special assessments. Effective August 1, 1994. JJ Indemnification for environmentally inferior waste disposal Chapter 548 (H.F.2010) requires persons (including cities which haul directly or through organized collection or other method) that arrange for solid waste management and disposal in an environmentally inferior manner to indemnify generators of that waste. The use of landfills, and other disposal I'acilities, which are deemed inferior to the county-selected method of manage- ~nent, require establishment of a trust fund to pay for response actions at the facility. Landfills that meet EPA Subtitle D rules (liners and leachate monitoring and collection systems) must pay $4.60 per ton into a trust account while older landfills that do not meet the EPA rules must pay $21.25 per ton. Effective February 1, 1995 or when the PCA adopts rules, whichever is sooner. JJ Groundwater protection and the legislative water commission Chapter 557 (H.F.2485) provides for the duties of the Legislative Water Commission, and adopts a groundwater protection policy for the state, includ- ing assigning responsibility among various agencies. Two Department of Health drinking water provisions which relate to establishing contaminant limits, are effective day after enact- ment, all other sections are effective August 1, 1994. JJ Waste management act amendments Chapter 585 (S.F. 1788) makes many amendments to the state's solid waste statutes, including banning mercury switches in athletic shoes. The amendments should not signifi- cantly impact city government operations. One section of the bill states that it is the goal of the state that items be distributed without any packaging where feasible, and the minimal amount possible. Another section allows an exemp- tion from the mandate that solid waste charges vary based on weight or - volume which is believed to only apply to Minneapolis, although other cities may be included. A pilot project authorizing state field citations for improper waste disposal was made permanent and should benefit cities that have experi- enced a problem with illegal dumping. The law also establishes a conversion rate that 3.33 cubic yards equals one ton for statutory and rule purposes. The law has various effective dates, some immediate, one retroactive to July 1, 1980 (the latter to increase the potential constitutionality of waste designation ordinances). JJ Regulating individual septic tank systems Chapter 617 (H.E2158) specifies that if a local government (city, town, or county) has an ordinance regulating individual septic tank systems (ISTSs), that ordinance must be at least as restrictive as the state regulations. The law also requires state licensing of sewage treatment installers and inspectors, with an exemption for local government inspectors. The law requires property owners to certify the condition of their system upon transfer of the property, and appropriates $120,000 to the Minnesota Pollution Control Agency for administration of the law. All provisions other than the appropriation section effective May 11, 1994. JJ Wetland conservation act amendments Chapter 627 (H.F.3179) makes several modifications to the wetlands law, including the following: allows local governments to establish alternate regulatory systems that differ from the wetlands conservation act but equally protect wetlands if approved by the Board of Water and Soil Resources; clarifies the applicability of the act to the state of Minnesota and all its agencies; modifies exemption regard- ing road construction and maintenance; eliminates the $75 maximum fee for local government unit (LGU) review of replacement plans; eliminates effective May 1 I, 1994, LGU notice requireN ments for projects which have wetland impacts of less than 10,0{10 square feet; and expands permanent wetlands preserve eligibility and modifies compensation for denial of wetland replacement plans effective July I, 1994. Effective August 1, 1994, except as noted. JJ Landfill cleanup program Chapter 639 (H.F.3086) establishes a landfill environmental cleanup LS-4 LMC Cities Bulletin 1994 law summaries continued program; limits owner, operator, and third party liability under state supcrfund laws: allows for state acquisition of closed landfills; allows for acquiring insurance proceeds in exchange for accepting cleanup responsibility; and provides financing for cleaning up closed landfills through the issuance of $90 million in state bonds over the next 10 years and an incma.~e in the state's solid wr~ste generator fee from the curr~:m level of 12 cents per noncompacted cubic yard per collection to 60 cents per cubic yard effective January I, 1995. The law does not increase the $2 per year assessment for residential customers. The law also renames the Office of Waste Management as the Office of Environmental Assistance within the Pollution Control Agency, and transfers Metropolitan Council solid waste staff to the office. Finally, the law requires the preparation of a modified environ- mental assessment worksheet prior to the construction of a large metal shredding facility (called a Kondirator) along the Mississippi River in Minne- apolis. Various effective dates. Most landfill cleanup provisions took effect May il, 1994. JJ Finance and taxes Property tax targeting program Chapter 383 (S.F. 1709) uncaps the appropriation for the property tax targeting program for 1994 refunds. Under current law, the targeting program was limited to a total appropriation of $5.5 million for FY 1995. May 27, 1994 To bring the total cost of the program within this ,:ap, the Dcpartnmnt ol' Rcvcmte adjusted thc lax increase threshold to $300 from the $100 threshold that had been in effect. As a result of this change, an applicant whose property taxes increased by at least the $100 and who had a property tax increase in excess of 12 percent will now qualify for the targeting refund. The law requires county officials to give the state information on homeowners who are potentially eligible to receive a refund as a result of this change. The 1law is effective the day after the final enactment. GC Status of a city for tax purposes Chapter 416 (S.F.2073) is a Department of Revenue tax technical corrections bill that clarifies and codifies department practices in administering state tax laws. The law establishes the status of a city or town on June 30 as the basis for the calculation and distribution of aid in the subsequent year. Any municipal incorporation, consolidation, annexation, detachment, dissolution, or township organization that has an effective date on or before June 30 will be considered in the aid calculations for distribution in the following year. This date gives the department sufficient time to make the necessary calculations and complete aid certifications by the August I deadline for local government aid (LGA) and the September I deadline for homestead and agricultural credit aids (HACA). Any such change in the status of a city or township that occurs after June 30 will not be considered until the aid calculations are made for the following year. GC Audit requirements for small cities and towns Chapter 546 (S.F. 1712) requires cities and towns with a combined office of clerk and treasure~; and with annual revenue of $100,000 or less, to have an audit perfonucd once every live years. Tile audil may bt- conducled by cilhcl' the state auditor's staff or by a public accountant. Currently these cities and towns must have annual audits. Effective August l, 1994. SH Omnibus tax bill Chapter 587 (H.F.3209) Local government trust fund The new tax law will cover any shortfall in the local government trust fund as long as the shortfall does not exceed two percent of the estimated biennial trust fund revenues, or approximately $36 million for the 1994-95 biennium. If the November state revenue forecast projects a trust fund shortfall larger than the two percent threshold, automatic cuts in LGA and HACA would cover the excess shortfall. The March forecast indicated that the trust fund shortfall would be $29.5 million, which is well within the two percent threshold. However, recent weakness in actual sales tax collections may indicate that the November shortfall estimate could be higher. In the final agreement, legislators maintained the trust fund for the first year of the next biennium. The trust fund will officially sunset on July 1, 1996. All programs currently funded by the trust fund will be transferred back to the general fund at that time. In place of the trust fund, the Legislature established an new inflationary increase for LGA and several county aid programs. GC Local government aid The LGA appropriation will increase by two percent, or approximately $6.6 million for the 1995 aid distribution. The 1995 LGA formula will include several modifications to the legislation enacted last year. The formula will no longer phaseout the LGA grandfather but will instead establish the sum of 1993 LGA, LS-5 1994 law summaries continued equalization aid, and disparity reduction aid as the minimum distribution fbr e:tch city for 1995 and future years. All appropriation increases since 1993 and any future increases in I.,GA will be distributed through the LGA formula. Additional formula changes will limit the cities of Minneapolis, St. Paul, and Duluth to increases at the rate of the appropriation increase, or two percent for the 1995 distribution. A special provision targets additional LGA to cities that transferred substantial general fund revenues to their sewer and water enterprise funds, affecting an estimated 18 smaller cities. In place of the local government trust fund, a new index will be implemented beginning with the 1996 aid distribution. The new index is based on the implicit price deflator for state and local government purchases of goods and services. The index cannot be less than 2.5 percent nor greater than 5.0 percent per year. The bill did not include homestead and agricultural credit aid (HACA) in this adjustment. GC Property tax system Limited market value The limited market value provisions that the Legislature enacted last year will be phased-out in 1997 which is one year earlier than under the 1993 law. Limited market value provisions limit property valuation increases to l0 percent or one-third of the increase, whichever is greater. The provision continues to apply to residential homestead and nonhomestead, agricultural and cabin properties and the cap does not cover increases due to new improvements. GC "This Old House" The law modifies the eligibility requirements for the "this old house" property tax valuation exclusion. In addition to the 35-year house age requirements of the original law, houses generally must have a market value which does not exceed $150,000. Hours with a market value greater than $150,000 but less than $300,000 can qualify for the exclusion if the house is located in a city or town in which more than one-half of the homes in 1990 were built before 1960, and the 1990 median family income is less than the 1990 statewide median family income. These restrictions are effective July 1, 1994 and thereafter. Applications by the homeowner for the valuation exclusion are mandatory beginning July 1, 1994. Prior to the new law, applications were a county option. The application may be filed after the building permit is applied for as long as it is filed before the next assessment. The bill contains other minor clarifications that affect the "this old house" law. GC Property valuation petitions The law changes the date for filing property tax petitions to March 31. Under current law, the taxpayer must file a petition by May 15 of the following taxes payable year. GC Study of property taxation by square footage The law requires the Department of Revenue to conduct a study on the feasibility of basing property taxation on a square footage rather than the current system of basing property taxation on the estimated market value of a property. The study will use Hennepin and Blue Earth counties for the study. GC Study of homestead property tax relief The law requires the Department of Revenue to analyze the methods of providing property tax relief to homeowners including the possibility of providing the targeting and the circuit breaker property tax relief directly to the taxpayer on the property tax statement. GC Sales tax changes Sales tax on new and replacement capital equipment The modifications to the sales tax on new and replacement capital equipment were some of the most controversial provisions of the tax bill. The law clarifies and expands the definition of capital equipment for purposes of the current sales tax exemption. The sales tax rate for replacement capital equipment will be phased-down over the next four years under the following schedule. Phase-Down of Sales Tax Rates on Replacement Capital Equipment Effective Date Sales Tax Rate July 1, 1994 5.5% July i, 1995 4.5% July 1, 1996 3.8% July I, 1997 2.9% July 1, 1998 2.0% Capital equipment includes machinery and equipment used to produce a product for retail sales. This sales tax reduction is most likely to benefit purchases of equipment for municipal utilities. The reduction will cease on July 1, 2001 if at least 4,500 new manufacturing jobs are not created. SH Firefighter protective equipment Beginning July I, 1994, personal protective equipment for firefighters will be exempt from the sales tax. This includes helmets, bunker coats and pants, boots, gloves, hoods, self- contained breathing apparatus, and other equipment required by Occupational Safety and Health Administration (OSHA). SH Repeal of the local option sales tax In conjunction with the repeal of the local government trust fund, the law repeals the local option sales tax and incorporates the one-half cent into the overall state sales tax. The law also LS-6 LMC Cities Bulletin 1994 law summaries continued incorporates the one-half cent into olhcr stale sales taxes, including alct,hol and I'arut machinery. The law eliminates thc local option sales tax and Iht pn<cdures Ibr ils passage and re.al on July I, 1~6. SH Coordination of state and local sales taxes The administrative problems of coordinating local option sales taxes and the state sales tax will be corrected by this law. The Department of Revenue will now be able to coordinate all applicable sales taxes that apply within a jurisdiction. (Currently, each tax is rounded to the next full cent before adding the next tax rate, resulting in a higher overall tax rate.) Effective August I, 1994. SH MVET changed to sales tax Chapter 587 (H.E3209) changes the motor vehicle excise tax to the "sales tax on motor vehicles" wherever it appears in law. SH Miscellaneous provisions Board of government innovation and cooperation The Board of Government Innovation and Cooperation, created by the 1993 Legislature, will have an additional $2.2 million from the state general fund to distribute for service sharing, cooperation planning, and consolidation grants during the next year. The rules and procedures the board has used have been incorporated into the statute. The law creates a standardized scoring system. The maximum amount of service sharing grants is raised to $100,000 (currently $50,000). The board will also continue to review and grant waivers to state laws and rules. SH Budgeting reform Along with several changes in gubernatorial and legislative budget estimates, the law will require the commissioner of revenue to forecast local government revenues. The commissioner must estimate the property taxes, state and federal aid tlislribulions, local sales taxes, and ii calegory of all other revenue for cities and towns over 2,5(}0. These same estimates will be prepared separately tbr school districts and for counties. These estimates will be part of the information provided to the governor and Legislature to assist them in preparing their budget resolutions. These biennial budget resolutions, prepared during odd-numbered years, must include revenue targets for the division of the share of revenue collected between the state and local governments, and the appropriate mix of taxes, including the level of property taxes. These budgeting reform efforts also affect the truth iu taxation process. Beginning this fall (for notices on pay 1995 taxes), the estimated percentage increase in Minnesota personal income will be included on the proposed tax notice that is prepared by the county. This new information will allow taxpayers to compare the proposed changes in their individual property taxes with an average change in personal income in the state. Slt Mortgage credit certificate aid Cities that issue mortgage credit certificates will receive an annual aid payment of eight percent of the amount of the credits issued. This mortgage credit certificate aid must be given to the city's housing authority and used to provide housing assistance for people with incomes below 80 percent of the area median income. SH Rental tax equity pik~t project St. Paul is authorized to conduct a one-year project to reduce property taxes on rental property in order to encourage maintenance and repair. The law allows the city to charge fees to landlords for evaluation of property, provides a property tax credit to reduce the property's tax to that of a single family homesteaded residence, and appropriates $1 million. A report is due to the Legislature by January 15, 1995. Sll Local laws in the tax bill Many new, harsh penalties and restrictions on tax increment financing (TIF) were proposed this year. Although they would have had an unequal effect across the state, they were opposed because of the precedents they set for future restrictions on TIF. In order to prevent these new penalties, efforts to have the LGA/HACA penalties removed from many districts were sacrificed. Tax increment financing · Lake Crystal: Extension of a TIF housing district. · South St. Paul: Extension of a TIF redevelopment district. · Dawson: Extension of a TIF economic development district. · Red Wing: Extension of two TIF districts. · Fergus Falls: Exemption from state aid penalty for a new TIF economic development district, 10 percent local match, county approval. · Park Rapids: Exemption from state aid penalty for a new TIF economic development district, five percent local match. · Brooklyn Center: Exemption from state aid penalty for TIF redevelopment district, 15 percent of increment to housing development account. · Brooklyn Park: Exemption from state aid penalty for a TIF economic development district, 15 percent of increment to housing development account. · Minneapolis: Seward South, expansion of allowable TIF purposes for a new economic development district, county approval required. · Minneapolis: North Washington industrial park, exemption from state aid penalty for a new hazardous substance subdistrict. May 27, 1994 LS-7 1994 law summaries continued Other development tools · Eagan: Special service district. · Gaylord: Special service district. · Hopkins: Special service district to create a housing improvement area. · Mankato: Pon authority powers. · Two Harbors: One percent local lodging tax for preservation and display of the tugboat Edna G. · Nashwauk: Area ambulance service district. · Benton County: EDA authority. · Ramsey County: HRA authority extended. · Koochiehing County: Rural development finance authority. General government Ban on gifts to local and state officials Chapter 377 (H.F. 1863) prohibits gifts to public officials. Originally, and as passed by the House, the proposal only applied to the state, and metro- politan governments (including cities) that had populations greater than 50,000. When the Senate took up the bill it added all cities and counties, by layering a new section onto the bill. Consequently, metropolitan cities over 50,000 are governed by two separate but similar sections of the law. From the time the Senate included all cities and counties in the bill to the governor signing it into law took just over two weeks. This background is important because it explains why city and county associations could not inform members of the amendments or effectively lobby to fix the proposal, and why the law is so poorly drafted. One section of the law modifies the ethical practices legislation and applies to metro cities over 50,000 and the state. It regulates lobbyists and officials. Officials means local officials and includes a person who holds elective office or who is appointed to or employed in a public position in which the person has authority to make, to recommend, or to vote as a member of the governing body, on major decisions regarding the expendi- ture or investment of public money. The law forbids lobbyists, their employer, or anyone acting upon their request, from making gifts. Gifts mean money, real or personal property, a service, a loan, a forbearance of forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. The law also prohibits officials from accepting gifts from lobbyists. The bill requires a lobbyist to report gifts of $5 or more value given or paid to any public or local official (including elected or appointed city officials). At first this seems anoma- lous since most gifts are forbidden. However, it probably means that the lobbyist must keep track of those gifts which are legal, i.e. food or beverages given to legislators or local officials who come to functions and speak or answer questions. These reports would only require one to show an aggregate amount listing the nature of the gift and the amount given to members of the Legislature or another governing body. Another section of the law parallels the ethical practices lx, ard section. It does not require lobbyist- like disclosure and reporting, it is a simple prohibition. While its definition of a gift is the same, in some other respects its language might have a narrower or broader impact. Those forbidden to receive gifts include all elected or appointed officials of cities and counties and of their agencies, authorities, or instru- mentalities, like the League of Minne- sota Cities. The decision-making language from Chapter 10A is not used here so this section may be broader. However, because this language does not specifically address employees, some could argue that it actually has a narrower impact. Those forbidden to give gifts are any interested persons, and not just lobbyists. An interested person is a person, or representative of a person or association, that has a direct financial interest in a decision that a local official is authorized to make. Both sections of the law provide similar exceptions to the prohibition against gifts. Acceptable gifts for all state, city, and county officials include the following: · Lawful campaign contributions; · Services to assist an official in the performance of official duties, including but not limited to provid- ing advice, consultation, informa- tion, communication in connection with legislation, and services to constituents · Services of insignificant monetary value; · A plaque or other similar recogni- tion memento; · A trinket or memento of insignifi- cant value; · Information or material of unexcep- tional value; · Foo~l or beverages away from the recipient's place of work given by an organization before whom the recipient appears to make a speech or answer questions as part of a program; · Gifts to groups of which the recipient is a member and his or her share of the gift is no more than other members of the group or where a giver and recipient are members of the same family. Effective August I, 1994. JJ LS-8 LMC Cities Bulletin 1994 law summaries continued Disposal of certain animals Chapter 401 (H.F. 2435) changes procedures to be followed when an animal left with a veterinarian, board- ing facility, or commercial facility is unclaimed after l0 days. After i0 days notice to an owner or, if the owner is unknown, publication in a legal newspaper, the animal may be de- stroyed without liability. Effective August I, 1994. JJ Fireworks safety and operator qualifications Chapter 405 (S.F. 2425) requires the state fire marshal to study the safety of public fireworks displays and display operator qualifications and make legislative recommendations by December 31, 1994. AH Public contractors' performance and payment bond act Chapter 419 (S.F. 1692) modifies the law governing public contractors' performance and payment bonds, to clarify requirements and alternative security arrangements without making substantive changes. The new law specifies that failure of a public body to get and approve a valid payment bond or an acceptable alternative will result in liability to all persons furnishing labor and materials under the contract, and specifies procedures and time limits 1bt making claims that depart substantially from current laws. Effective August 1, 1994 for contracts for public work awarded after July 31, 1994. JJ License plates for volunteer ambulance attendants Chapter 443 (H.F. ! 928) authorizes the purchase, for an extra $10, of special license plates for active volunteer ambulance attendants. Plates must be forfeited if the purchaser becomes inactive or quits as an attendant. Effective August I, 1994. JJ Charter cities may use statutory city laws Chapter 446 (S.F.2070) provides that if a city charter is silent on a matter that is addressed for statutory cities by Chapter 412 or other general law and does not prohibit a city charter from addressing the matter, or expressly provide that a city charter prevails over general law, then the charter city may apply the general law on the matter. Effective August l, 1994. JJ Citizen enforcement of disabled parking laws Chapter 495 (H.E2426) authorizes any city (now first or second class cities only) to establish programs for citizen enforcement, of vehicle parking laws relating to the physically disabled. Effective August l, 1994. JJ Bond counsel fees Chapter 533 (H.E3136) requires that attorneys performing services as bond counsel for a public agency, including a city, be paid reasonable and fair tees based on specified factors, but not based primarily on a percentage of the amount of bonds or obligations sold. The law requires a two-year study of the effect of this change, with a report by the state auditor due November l, 1997. Effective August I, 1994. JJ Omnibus data practices and open meeting law amendments Chapter 618 (H.F.2028) amends the data practices act and open meet- ings law. Much of the new law represents a compromise between strong, competing interests represent- ing the media, public interest groups, and local governments. Data practices amendments Specifies that not public data (including private or confidential data on an individual) may be discussed at a meeting open to the public to the extent provided in the open meeting law. Specifies that a complainant has access to his or her statement to a state agency or political subdivision. Authorizes court actions to compel the release of pending civil investi- gative data. Classifies Social Security nun~bers as private data, except to the extent that access to the number is autho- rized by law. Classifies the name, address, telephone number, and any other data that identifies an enrollee in a local government social or recre- ational program. Allows license applicants to request private classification of their residence, phone number, and address if they provide an alternative. Classifies all 911 audio tapes as private (with some exceptions). Classifies response or incident data regarding the alcohol conccntralion of drivers as public. Allows law enforcement agencies greater access to commitment information when conducting firearm background checks. Increases the sharing of juvenile court information between the courts, schools, and law enforce- ment agencies, including requiring law enforcement agencies to share certain information with school officials. Amends the consumer protection statutes to restrict the release of video tape rental information. Requires the commissioner of administration, in consultation wilh the League and other associalions, to prepare a data practices act training plan or program for local officials. Open meeting law amendments Specifies that public meetings are presumed open. Limits the ability to obtain tape May 27, 1994 LS-9 1994 law summaries continued recordings of closed labor negotia- tion strategy sessions by filing a court case prior to the two-year window of privacy. Specifies that the open meeting law's provisions regarding notice for emergency meetings supersede any other statutory notice require- ment fi~r a special meeting that is an emergency meeting. Deletes the requirement that during a public meeting a public body must make reasonable efforts to protect from disclosure not public data by using reference to letters, numbers, or other codes. Clarifies the requirement that public bodies must close one or more meetings for the preliminary consideration of personnel allega- tions or charges. Increases the civil penalty from $100 to $300. Specifies that forfeiture of office may be imposed only upon prevail- ing in three separate actions involving intentional violations. Authorizes reasonable attorney tees for plaintiffs up to $13,000. Authorizes reasonable attorney fees for defendants up to $13,000 if the court finds that the action was frivolous and without merit. Specifies that a public body may pay any costs or fees (but not the fines) incurred by or awarded against any of its members in an open meeting law action. Specifies that no monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate the open meeting law. Various effective date's for the data practices sections, many of which are May I I, 1994. The open meeting law amendments are effective August I, 1994 and apply to violations alleged to have occurred after that date. JJ Administrative procedures act (APA) amendments Chapter 629 (H.E 1899) makes several minor modifications to how state agencies adopt rules. As adopted, the law modifies the composition and duties of the Legislative Commission to Review Administrative Rules, requires state agencies to report to the Legislature every four years (beginning in the year 2000) regarding their general and specific grants of rulemaking authority, and allows the governor or the chair of a standing committee to which a bill is referred to require rulemaking notes on legislative bills that details impact information and the estimated cost of the rule. The law requires the Ethical Practices Board to adopt advisory opinions which have general effect as rules. Most sections effective August 1, 1994; Ethical Practices Board section effective July 1, 1995. JJ Best practices reviews Chapter 632 (S.E29 i 3) authorizes the legislative auditor to examine the procedures and practices used to provide local government services (including cities) to determine the best methods of service delivery and practices which reduce costs or improve the effectiveness of the service. The auditor will then recommend cost-effective service delivery methods and practices to local governments. An advisory council, including three appointments from the League of Minnesota Cities, will select the local government services to be reviewed. A $200,000 general fund appropriation will be available for the reviews in 1995. The best practice review program is scheduled to continue until July 1999. SH Restrooms, ratios for facilities by gender Chapter 632 (S.E2913) requires new or substantially replaced public facilities to have at least three restroom facilities for women for every two provided for men. The requirement affects stadiums, community halls, theaters, and amusement facilities. The commissioner of administration will set rules for the ratios of restroom facilities. Effective July 1, 1995. SH Renaming building inspectors building officials Chapter 634 (H.E984) makes several minor amendments, including redesignating certified building inspectors as certified building offi- cials. The law allows local govern- ments to retain state sumharge amounts collected on building permits if the total amount of the surcharge does not exceed $25. The building code sections are effective August 1 for the name change and July 1, 1994, for the surcharge retention provision. JJ Housing Manufactured homes: Repossession actions Chapter 44~, (S.E 1825) restricts repossession actions related to manufactured homes to the county in which the unit is located. Effective August 1. AH Mobile homes: Zoning authority Chapter 473 (H.E2666) prohibits cities, towns, or counties from enact- ing, amending, or enforcing a zoning ordinance which has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in parks con- LS-10 .......... ~l~i(?~iti~S ~llefi-n 1994 law summaries continued structed before January I, 1995, if the park, when constructed, complied with the then existing requirements. Effec- tiveAugust 1, 1994. JJ Penalties for failure to provide written lease Chapter 496 (H.E 1859) subjects the owner of a multiunit building with 12 or more residential units to petty misdemeanor penalties for failure to provide a lease. Effective August 1, 1994 for new or renewed tenancy beginning on or after August 1, 1994 AH Conciliation court jurisdiction over rental property matters Chapter 502 (S.F. 1732) allows condominiums, cooperatives, and townhouse associations to be represented in district court action and gives conciliation court jurisdiction to determine damages arising from landlord-tenant disputes. Priority is to be given to actions alleging that the tenant is causing a nuisance or seriously endangering other residents, their property, or the owner's property. Effective August 1, 1994. AH Prohibiting smoking in common areas of apartments Chapter 520 (H.F.423) adds common areas of apartment buildings to public places where smoking is prohibited. Effective August I. AH Mortgage revenue and small issue industrial development bonding authority Chapter 527 (H.F.3122) changes procedures for allocating bonding authority to include mortgage credit certificates in the annual volume cap allocation for housing pool and enterprise zone facility bonds in the small issue pool. Small issue IDBs may finance facilities in empowerment zones or enterprise communities created under new federal programs. Any amount of bonding authority reserved to entitlemenl cities not used is deducted from the next allocation for that entitlement city. Proceeds from residential rental bonds can only be used if the city participates in the project. Cities which do not use at least 50 percent of their allocation by April 15, and at least $200,000 of their allotment in the year in which the allotment is made may not apply to the housing pool or receive an allotment the following year. Highest priority for allocation will be for enterprise zone facility bonds. Sections applying to enterprise zone facility bond allocations and city participation in residential rental projects are effective the day following final enactment. AH Lead and asbestos abatement Chapter 567 (S.E2710) requires state building code provisions to be developed by January l, 1996, to carry out lead abatement procedures and redefines lead abatement. Abatement contractors hired to perform procedures must be licensed by' the state. Local boards of health are to contract with the state health commissioner to conduct assessments to determine sources of lead contamination. In consultation with local HRAs and others, the state is to develop by July l, il 995 lead-safe procedures for nonlead abatement activities. Fees required for applying for or renewing a lead abatement license are waived for city employees. The commissioner of health is authorized to adopt standards and methods for abating lead in soil and for controlling lead in drinking water and must publish a list of census tracts at high risk for toxic lead exposure for priority prevention. Cities and local boards of health are to follow priorities established under these provisions. Individuals who do painting, renovation, rehabilitation, or remodeling work not related to lead abatement do not need to obtain a lead abatement contractor license. May 27, 1994 The commissioner of health is directed to apply for federal grants to help cover the cost of current training in lead abatement procedures and to increase the number of certified trainers. Requirements for testing of intact paint will not take effect until July 1, 1995. Other provisions are effective the day following enactment. AH Metropolitan Council study of housing redevelopment and rehabilitation Chapter 577 (S.F. 1740) requires the Metropolitan Council to study housing redevelopment and rehabilitation and report to the Legislature by July 1, 1995 on standards cities should use to evaluate costs and benefits of redeveloping and rehabilitating rental and owner- occupied housing. The purpose is to increase the supply of housing affordable to those with low incomes. The study will consider roles of various levels of government, nonprofit, and for-profit developers and the impact of current housing redevelopment and rehabilitation financing. The law requires cities and various agencies to assist in the study by providing data. Effective the day following final enactment. AH Housing Finance Agency programs Chapter 586 (S.E2064) authorizes MHFA to make or participate in rehabilitation loans without regard to income for the purchase and rehabilitation of existing owner- occupied residential housing and for home improvement loans under the American Indian housing program. MHFA is also authorized to make loans to certain Section 8 rental property owners. Federal Iow-income housing tax credits in the metropolitan area may only go to new construction or substantial rehabilitation to projects LS-II 1994 law summaries continued where at least 75 pement of the units are single room occupancy units, efficiencies, or one bedroom units and to multifamily housing that is not restricted to seniors. Effective May 5, 1994. AH ' Replacement housing in first class cities Chapter 632 (S.E2913) provides f/exibility in the require~nent that . Minneapolis, St. Paul, and Duluth furnish replacement housing on a one- to-one basis when Iow-income housing is lost because of redevelopment. These cities will be able to count rent subsidies and vouchers and home- ownership toward replacement requirements. They may also avoid the requirement for units that are vacant for 'more than one year. Minneapolis and St. Paul will be allowed to locate replacement housing anywhere in the metro area. SH Personnel EMS and insurer use of HIV antibody tests Chapter 475 (S.F. 1794) prohibits health insurers from obtaining or using HIV antibody test results arising out of exposures to patients or from the routine testing of emergency medical service personnel. Effective August I, 1994. JJ Name of unemph)yment compensation Chapter 488 (H.E 3053) renames unemployment compensation as reemployment insurance and modifies provisions relating to reporting (including repeal of the requirement for employer-provided separation notices), eligibility, and liability for benefits. Effective August 1, 1994. JJ Short-term accident and health plans Chapter 506 (S.E 1912) authorizes the sale of short-term accident and health insurance policies that provide coverage for up to 185 days, or longer to cover hospitalization which extends beyond the 185 days. Effective day after enactment. JJ Arbitration study and BMS settlement form Chapter 560 (H.E2624) ratifies state labor agreements, changes duties of the Legislative Commission on Employee Relations (LCER), extends the jurisdiction of the compensation council to state and metro agency heads, and reduces the upper salary for the executive director of the Board of Judicial Standards. Two sections affect cities directly. One section requires the LCER to study the use of arbitration to resolve impasses in contract negotiations between public employers and exclu- sive representatives of public employ- ees. The report must be submitted to the Legislature by January 15, 1995 and must examine differences in costs between arbitrated awards and negoti- ated settlements, the process by which arbitrators are selected, other forms of interest arbitration, and alternatives to the use of arbitration. The other section involves the mandate for common calculation of union contracts and awards costs. Until the commissioner of the Bureau of Mediation Services (BMS) adopts a rule that provides otherwise, all public employers, including cities, shall use the "uniform baseline and settlement form" and accompanying instructions. For union agreements or arbitra- tion awards that were entered into or issued between December 31, 1993 and May 5, 1994 the public employer shall complete the form and make it avail- able to the public within 60 days of May 5. No publication or posting requirements exist for these forms, they must simply be made available to the public. While this new language might eliminate the need for city staff to provide the form to the council, obviously it would be prudent to only do so upon direction from the council. For all settlements or awards after May 5, the form must be prepared and submitted to the council prior to contract ratification. The BMS settlement form and compensation council sections are effective May 5, 1994; all other sections are effective August 1, 1994. JJ MnCare and health care reform Chapter 625 (S.E2192) amends the MinnesotaCare act. Most significantly the law delays the target date for universal coverage in Minnesota until July i, 1997. The commitment for universal coverage by 1997 constitutes a financial obligation for the state in excess of $100 million annually, without an identified revenue source. Eligibility for MnCare is expanded effective October 1, 1994 to include single adults and households with no children whose income is less than 125 percent of the federal poverty guide- lines. This expansion is expected to boost enrollment from the current level of 60,000 enrollees to 90,000 individu- als and by itself will create an annual state shortfall by 1997 of $74 million. Concern about the market's rush to establish Integrated Service Networks (ISNs) prompted a moratorlum on large ISN formation, but the Legislature allowed the creation of smaller ISNs serving up to 50,0{10 patients which are termed comlnunity integrated service networks (CISNs). Another significant change requires HMOs to offer greater access to "allied independent health provid- ers'' which include out of network LS-12 LMC Cities Bulletin 1994 law summaries continued chiropractors, marriage and family therapists, social workers, and dieti- tians. The HMOs can impose creden- tials, managed care requirements, and contract terms on these providers, and treat the services as a separate insur- ance plan. In a controversial action, access to allied independent health providers is not required of state medical programs under Medicare, medical assistance, general assistance, or under the MnCare program, as well as to state employees under state benefit plans. The law has many effective dates, some immediate, some retroactive. JJ Public employees insurance purchasing task force Chapter 632 ($.E2913) creates a task force to study the possibility of creating a cooperative of all public (non-state) employees to purchase medical and dental insurance. The 13- member task force will include representatives from the League of Minnesota Cities, unions, the Department of Employee Relations, and other local government organizations. A report is due to the Legislature by March 1, 1995. SH Public Safety Interstate police use Chapter 441 (H.F. 1966) authorizes peace officers in adjoining states to render assistance to Minnesota peace officers on request, grants them arrest authority if they act under the direction of a Minnesota officer, and for tort liability purposes specifies that the officer is deemed to be an employee of the elective or appointive agency of the peace officer requesting assistance. Effective August 1, 1994. JJ Liquor law amendments Chapter 611 (H.E2617) bans the sale of malt liquor or other registration brand labels implying an Indian leader connection; removes the 8:00 p.m. Christmas Eve sale restriction; allows temporary on-sale intoxicating liquor licenses to state registered political committees; limits a city from issuing more than three temporary intoxicating or nonintoxicating liquor licenses to any one organization or location within a 12-month period; specifies that cities may not allow the same business name to be used by more than one of its oft; sale intoxicating liquor licensees; and revises the suspension and revocation statute to give more discretion to thc licensing authority. Various effective dates, many immediate. JJ Mandatory missing children protocol for police departments Chapter 636 (H.F.2351) is the omnibus crime law for 1994. One of its many provisions requires that by August 1, 1995 ali local law enforce- ment agencies adopt a written policy governing the investigation and management of cases related to missing and endangered children. Effective August I, 1995. JJ Special legislation St. Cloud: Fingerhut TIF district Chapter 376 (H.F.2213) gives eight exemptions to thc tax increment financing law for the Fingerhut district in St. Cloud. Thc exemptions include allowing up to 25 years for the district (currently limited to I ! years), eminent domain authority for properly ad. latent to the district, and exemption from the local government aid (LGA)/ homestead and agricultural credit aid (HACA) penalty. SH Anoka: Library merger Chapter 378 (H.F. 1956) allows Anoka to discontinue providing library services. Anoka County will assume responsibility for services to city residents. Effective January I, 1995. SH Duluth: G.O. bonds for convention center improvements Chapter 489 (H.F.2433) allows the city of Duluth to issue $4 million in general obligation bonds without a referendum so the city can finance improvements to the city convention center. Effective upon local approval. SH St. Paul: Replacement of lead pipes Chapter 504 (H.F.2175) authorizes St. Paul to replace lead pipes located on private property at the written request of properly owners and allows the city to pay or reimburse the cost for removal and installation. The city may issue general obligation or special obligation bonds to fund the program. Effective the day after local approval. AH Hutchinson: Bonding authority for tri-agency maintenance facility Chapter 522 (H.F. 1901) allows Hutchinson to issue up to $1.5 million in general obligation bonds without a referendum. Thc bonds will be u.',~.xl to provide the city's share of a new transportation maintenance facility to bc used jointly by thc city, McLc~I County, and thc Minnesota Dcparttncn! of Transportation. Thc law allows thc May 27, 1994 LS-13 1994 law summaries continued votem of the city to request a referendum prior to June 30, 1994 on the issuance of the bonds. Effective without local approval, unless requested by June I, 1994. SH Ramsey County road turnback funding Chapter 439 (H.E2936) allows Ramsey County to provide $8,000 per mile for each mile of county road that is turned back to cities within the county with populations less than 5,000 (and for White Bear Township). The turnback program is a product of a 1992 Ramsey County study which resulted in a substantial number of exchanges of road jurisdiction. The per-mile appropriation will increase or decrease according to an engineering cost index. Ali roads turned back under this funding program will be raised to a set county standard before transfer occurs. Cities are allowed to return these roads to the county if the funding agreement is not met. Effective August 1, 1994. SH Rochester: Dissolution of city HRA, creation of Olmstead County HRA Chapter 493 (H.E 1957) dissolves the Rochester Housing and Redevelopment Authority (HRA) and designates a new membership for the county HRA. Four of the seven Olmstead County HRA members will be appointed by the Rochester City Council. Other cities within the county may still establish their own HRAs. Effective upon local approval. SH Transportation Transit funding Chapter 632 (S.E2913) appropriates $10 million for transit for the general fund, $1.6 million additional funding for transit programs in Greater Minnesota for 1995, and $8.4 million for the regional transit board to distribute to regular routes in the metro area, the metro mobility program, and to rural and small-urban systems in Greater Minnesota. SH MSA, local speed limits, bridge inspections, public vehicles Chapter 635 (H.F.301 I) redefines the mileage for the municipal state aid (MSA) street system to include 20 percent of a city's streets, plus road turnbacks from the county and the state. Speed limits on residential roadways of less than one-quarter mile may be reduced to 25 miles per hour if the local road authority posts both the beginning and the end of the special speed zone. All city-owned vehicles are required to have the name of the city displayed on both sides of the vehicle in letters at least 2.5 inches high by 0.5 inches wide in a contrasting color that must be kept clean and visible during the use of the vehicle (unmarked vehicles used for police, fire, or arson work are excluded). Leased vehicles are included in the requirements (removable placards may be used). All electronic traffic signals installed after January 1, 1995 must be equipped to handle traffic system preemption systems. The law also includes the following: requires bridge inspections at least every two years; authorizes design-build bridges for nonmotorized vehicles; provides for a study of road pricing options, and a study of the desirability of requiring insurance requirements on seat belt use; increases MSA contributions to the disaster and research accounts. (A requirement for a traffic signal in North Oaks, and sound barriers on segments of 1-394, state trunk highway 252, and 1-694, were vetoed.) SH Miscellaneous transportation funding and policy Chapter 640 (H.F.3230) provides funding and grants for: construction of state trunk highways-$15 million; electric vehicle technology study-- $200,000; study of high-speed rail corridor between the Twin Cities and Chicago--S630,000 (contingent on funding from Wisconsin and the federal government); surcharge on fines imposed for speeding in work zones; and expanded authority for the Metropolitan Council to make certain transportation loans. Effective July 1, 1994. (A $5.5 million appropriation for MnDOT's state road operation costs was vetoed.) SH Transportation bonding Chapter 643 (H.E218) pi'ovides state bonds for: completion of the Bloomington Ferry Bridge--S7.63 l million; local bridge replacement and rehabilitation--$12.445 million; light rail transit (LRT) engineering and final design costs for the central corridor-- $10 million; capital improvement projects for the metropolitan transit commission (MTC)--$10 million; federal aid demonstration projects-- $3.924 million; and miscellaneous LS-14 LMC Cities Bulletin 1994 law summaries continued MnDOT facility projects--S13.016. (The total state bonding package was nearly $650 million.) SH Motor vehicle operation Chapter 645 (H.E942) requires that every driver is "responsible for becoming and remaining aware of potential highway hazards" and "must use due care in operating in a vehicle." Effective August I, 1994. SH Utilities Extending regulation of competitive telephone services and incentive plans Chapter 534 (H.E2134) extends the incentive plan regulation of telephone services until June I, 1996 or until the State Public Utilities Commission (PUC) issues a final order, whichever is earlier. The law requires PUC to determine configuration and cost allocation for expanded area telephone service. Emerging competition provisions will regulate certain new services offered for the first time after August 1, 1994. When first offering a service, telephone companies must petition the PUC for a determination of how the service is to be classified. New services may be as subject to effective competition or emerging competition and regulated if the new service is not integrally related to providing adequate local phone service or access to the telephone network or to customer privacy, health, and sat'ely. The section related to the extension of alternative regulation is effective the day following enactment. Sections related to emerging and effective competition are effective June I, 1994. AH "Quick take" condemnation Chapter 610 (S.E788) prohibits municipal utilities from acquiring the right to serve the property of a rural electric cooperative through use of "quick take" condemnation proceedings during eminent domain proceedings. Provisions allow cities to petition the Public Utilities Commission for interim service rights. Effective the day following enactment and applies to acquisitions begun on or after that date. AH Access to government information Chapter 632 (S.E2913), the state supplemental budget act, contains a section to improve public access to government information and to make government more effective through the use of information technology. The state Information Policy Office (IPO) will organize and staff a government information access council comprised of state officials, higher education and business leaders, telephone company representatives, union representatives, legislators, and representatives from other interests. The council will consider how to provide government information and data at all levels and will examine how government can encourage privatization of digital information systems to improve delivery of services and how to make more government information available directly or through business enterprises. The Legislature appropriated $400,000 to assist the council in its work. The Public Utilities Commission will need to ease access to and distribution of government information and the Department of Revenue must study how tax policy might facilitate use of information technology. The Legislature has approved $25,000 for planning an institute of telecommunications technology and education at the University of Minnesota to develop existing and new telecommunications and information networks and provide technical assistance in the use of such systems. Effective August 1. AH May 27, 1994 LS-15 Legislation that did not pass ,, Broader use of DNA Passage of this bill was not sought ' due to a Minnesota Supreme Court case which in effect implemented the bill by allowing prosecutors and expert witnesses to comment on the statistical probability of a DNA match. JJ Workers' compensation reform Passed by the Senate after several unusual procedural actions, including a changing of the chief authors, the bill was not taken up on the House floor after the House DFL caucus failed to reach a consensus on what set of reforms it wanted to pass. JJ Video gambling in bars Never built momentum due to pre- session position taken by the governor 'and legislative leaders against expanding gambling. One of the interesting "what ifs" of the 1994 session is whether the huge Mystic Lake profits would have affected this bill if they had been made public earlier in the session. JJ Gas tax increase, transit funding increase The House and Senate could not agree on the appropriate mechanism for increasing funding for roads and transit. The governor's opposition to tax increases intensified the stalemate. Proposals fi~r constitutional amendments to dedicate a portion of the motor vehicles excise tax (MVET) to transit, and undedicate the use of gas tax and vehicle registration revenues in the seven-county metro area also failed. SH New CSAH formula For the third session, there were discussions of a new formula to distribute the 29 percent of the highway user distribution fund allocated to counties. Proposals to reallocate the county state aid highway (CSAH) funds to increase the distribution to metro area counties did not pass. AH Additional TNT requirements Two bills that would have required additional information on truth in taxation (TNT) notices and discussion at hearings were defeated. One would have required cities to publish the prior year and proposed budget amounts in the newspaper advertisement. It would have reimposed the levy publication requirement. The other would have required local governments to discuss the impact of changes in the total market value of each type of property and the resulting tax burden shifts to other classes of property. The proposal would also have required local governments to pass a resolution acknowledging that they understood the shifting would occur and were going to reduce their levy to prevent the shift. SH Public, not government, as client of audit A proposal to clarify that the residents and taxpayers of the state are the clients of an audit of a local government, not the unit of government being audited, did not pass. SH MSA for cities under 5,000 Cities under 5,000 population will not be allowed to form a joint public works department with another small city to become eligible for municipal state aid. SH Voter approval for tax levies greater than income growth Local governments will not be required to hold a local referendum to get authority to raise property tax levies at a rate that is greater than the percentage change in Minnesota personal income. SH Return of excess building code revenues to cities Excess revenues from the building permit surcharge that funds the state building code division will not be refunded to cities to help fund their inspection departments. SH Levy limits A proposal to reinstate the per capita and overall levy limits on cities and counties did not pass. It would also have required state review of all governmental unit levies. GC Legislature limited to odd-year sessions A constitutional amendment that would have restricted the Legislature to convening only in the first year of the biennium, with authority to call special sessions, did not get a hearing and did not pass the Legislature. SH Other constitutional amendments Right to bear arms and full funding of state mandates on local governments did not get approval. SH Absentee voting Although the Senate approved legislation that would have allowed voters to cast absentee ballots without qualification in the 1994 election if voting was done in person during 30 days prior to election at a location designated by the county auditor, the bill failed to receive action in the House when it became the focus of efforts to change the 1993 state campaign finance reforms and ethics regulations approved earlier this session. Ail Term limits Proposals for a state constitutional amendment to limit terms of state constitutional officers, legislators, me~nbers of congress, and even local IrS-16 LMc Cities Bulletin Legislation that did not pass elected officials failed to get floor action in either House or Senate. AH Alternative regulation of telephone companies In late March, the Senate Committee on Jobs, Energy and Community Development tabled a bill to allow telephone companies to petition the Public Utilities Commission for an alternative regulation plan. The new plan would have permitted the telephone industry to introduce new voice, video, and data services without regulation at either the state or local level, thereby denying local government and residents a role in determining how such telecommunications ,gould benefit the community and or assuring competition. AH Ethical practices Housekeeping legislation for the State Ethical Practices Board which would have clarified many issues concerning local governments was not enacted. AH Legislation vetoed by the governor Leaves of absence for union activities A bill which would have required all public employers to grant leaves for any employee's union activities was vetoed, but the chief authors passed a more limited version of the bill by attaching it to an education bill. That law was signed and consequently school districts won't be able to stop union activities for one teachers' union on the basis that the school district's teachers are represented by another teachers' union. JJ Simulated elections for minors The governor vetoed a proposal that would have authorized a program allowing minors (under 18) to vote at the polls in a simulated election at the same time as a primary or general election. AH Metropolitan guidelines for comprehensive choice housing A bill that would have required the Metropolitan Council to adopt guidelines and a formula for allocating a full range of housing options in every city in the metropolitan area was vetoed. Comprehensive choice housing referred to single and multifamily housing affordable to households with certain income levels. The bill would have also authorized a study of existing barriers to affordable housing and an annual review to establish whether each city was in compliance with the allocation for that community. It would have required cities with an inadequate supply of affordable housing to reach that objective. AH Welfare reform Governor Carlson announced proposals for sweeping reform early in thc session, watched as conservatives attacked abortion notice and other provisions to the bill, saw thc Legislature strip several sections from the welfare reform bill and attach them to a health and human services bill, and then vetoed the bill because it spent too much on a wide variety of health programs. JJ May 27, 1994 LS-17 Municipal ads Municipal ads are pr'l'flt~d~at no charge to member cities. Ads run in one issue only unless notice is received to run a second, me. The Cities Bulletin is published weekly during the legislative .session and once a month dur~ the interim, the time between sessions. Municipal ads will appear in the next available Cities Buil~n. Cities have the right to reject any or all bids on equipment or proposals, and to waive any info~xnalities therein. _ Minnesota cities are equal opportuuity'q~ployers. Positions ~ DIRECTOR, OPERATIONS AND ADMINL~fFRATIVEINTERN. \ MAINTENANCE. Lakeviile. Starting Shoreview (l~pulation 25,900) is accepting applications for an administrative intern working 40 hours/week for three to four months. Responsibilities include updating the city's development planning and parcel inventory, housing inventory, assisting with implementation of the ADA improvement plan, and other projects as assigned. Minimum qualifications: public adminis- tration or planning background. Must be currently pursuing or have a degree in planning, public administration, or related field. Saiary: $10/hour. Submit applica- tion and resume by June 8, 1994 to: Personnel coordinator, 4600 North Victoria Street, Shoreview, MN 55126. To obtain an application, please call (612) 490-4610 or TDD 490-4750. ADMINISTRATOR. Tyler (popula- tion 1,200) is seeking applicants for thc position of city administrator. This position reports directly to the city council and is responsible for day-to-day operation of ail departments of the city. Tyler operates its own municipal power system (distribution only) as well as water, sewer, and refuse. Salary DOE. Position will be available July 1, 1994. Please send resume and cover letter to: Mayor Larry De Boer, Box 400, Tyler, MN 56178 by June I, 1994. ASSISTANT CITY ENGINEER. Faribault (population 18,000), 30 miles south of the Twin Cities, assistant city engineer starting salary range $36,000 to $43,000 DOQ. Repons to director of public works/city engineer, works council, public, and contractors for design and construction ~ improvements. Department has budget with annual capital up to $3 million. Applicants shall a 4- year degree in cn ' 2-3 years progressive responsible Contact city hall, 208 NW. Faribault. MN 5502 334-2222, for an apl 334-1024. by June 8, 1994. ary of $50,028; range is $50,028 - Position repons to the city ;trator. Responsible for the ployees and the of budgets totalling $3.7 million, supervision for the functions water/sewer, grounds and Requires 7-10' experience in an level supervisory with maintenance in an Midwest field will satisfy 3 to 4 ' ' requirement. Call Cindi Jo Employee Relations Coordinator for position profile and or write City of LakeviIle, Lakeville, MN June 6, 1994. ECONOMIC DIRECTOR. Zu is accepting applications development director. SE MN community is seeking seeking new tg and assisting firms and development, with economic and growth in Zumbrota. Will coordinate planning and zoning Successful candidate will a bachelor's degree in business administration, planning, urban or regional studies, or related field. Two years previous experience with a related governmental entity or closely related agency also considered. Salary D.O.Q. Call (507) 732-7318 for complete position description. Submit letter of application and resume for confidential consideration belbre 5:00 p.m. June 16, 1994 to City Administrator, 365 Main Street. Zumbrota. MN 55992. ECONOMIC DEVELOPMENT SPECIALIST. The Red Wing Pon Authority is seeking a economic develop- ment specialist. Position requirement: Bachelor's degree in business, planning, urban develop.merit, or other r~lated discipline. N.D.C. certification highly desirable, and success with state and economic development programs is a t A background of components of a project is a This individual must be able , be able to maintain excellent be flexible, and take a minimum of supervision. Must a skills, able to work as part of a team. Call (612) 388-4781 for an Send resumes, cover letter, references. Position closes on June 15, 1994. ENGINEER/DIRECTOR OF PUBLIC WORKS. Savage (population 15,000), Saiary $55,000 to $65,000. Repons to city administrator and city council. Responsible for supervision of 22 public works staff and engineering/technician staff of 10. The departmental budget totals $3,890,000 and a C.I.P. budget averages $7 million annually. Requires registration as profes- sional engineer plus 5-8 years experience managing public works and engineering functions. Desirable experience includes municipal engineering (including financ- ing), park development, utilities, mainte- nance, planning, working with other agencies, and the ability to council and at meetings. Send resume by June 6, James L. Brimeyer, President, The Group Executive Search, One South, Hopkins, MN 55343 Tenth (61~ Hancock manager. This the city council and day-to-day operation liquor store. Duties stocking inventory, deposits, some cleaning The liquor store will employ bartender and pan time help Experience as a liquor store preferred, and/or working as a To apply: send a cover lelter and to the office of the city clerk. PO Box MANAGER. ion 716) is seeking liquor store repons directly lo responsible for the the municipal and ;h Hancock. MN 56244-0068. Applications will be received until 3:00 p.m. June I0, 1994. If you have questions, you can call the city office at (612) 392-5285 from the hours of 9:30 a.m. until 3:00 p.m. during the week, except Wednesday afternoons. LS-18 LMC Cities Bulletin I Municipal ads continued WAS'I'I ;.W,~ rl ;.R TI,IF./~I'M F. NT I; Walcrlown (population 2.45(/ in uorthceulrul Carver County, is )lications the ~sition of w~tewater o~rator. This ~rson will assist : daily o~ration of the city's new Class "B" w~tewater treatment facility. Applic~ts should ~ssess a minimum of a Class "D" w~tewater o~rator's certificate and have a minimum level of ex~rience in a Cl~s "C" w~mwater ~d collation facility. Voca- tional or t~ical college training in wastewater collection ~d treatment systems can be substituted for one ye~ of r~uired settee. Sala~ range is $18,~ - $31,~. For an application form and job description plea~ contact Michael A. Ericson, City Administrator, City of Watertown, 3~ Jefferson Ave. S.W., Watertown, MN 55388 or call (612) 955- 2681 or ~6-1711 (metro)lbr more information. Deadline for submittal of complet~ application ~or resume is 4:30 p.m., Friday, June 3, 1994. PUBLIC WORKS EMPLOYEE. Stacy (~pulation ! I~) is s~king applicants for the ~sition of part-time public works employee. Duties include: city lawn maintenance, city parks and street maintenance. Will be asked to assist city maintenance su~isor in water ~d wastewater o~rations and o~er duties as /' dir~t~. To apply for the ~sition, complete and return a city application fo~. To obtain an application form or ask questions, plebe contact: Stacy City~all, ~ Box 106, 3~55 Forest Blvd., S~cy, MN 55079, (612) 462-~86. Dea~ine for applications is 5:~) p.m., Tuesday, June 7, 1994. V.P COMMERCIAL LENDING/ BUSINESS DEVELOPMENT. Our client is the Saint Paul Pon Authority which is a mtmicil);ll ~edevclolm~:nl agency Iocusiug ~ll indush'ial CXl~;msitm. We seek :~ commercial or morlg:~gc banker with five plus years experience lending to industrial/ commercial clients. Additional experience in SBA 504 structuring and municipal and/ or state economic development experience a plus. This position is highly visible in business community and emphasizes on" client relationship building and as opposed to internal mana and administration. If you offer lending experience a flair for redevelopment, results driven self motivated, seek an opportunity ships vs. through Mark Sathe at write to: Sathe & Associ Inc., 5821 Cedar Lake Road, St. MN 55416. For sale will seah'xl bids for one Caterpillar vehicle identification number Grader has a V-Plow and Wi Mound will be accepting bids until :00a.m. July 15, 1994. lfyouwish to the grader you can contact Greg 472-0635. / FIRE TRUCK. Dent is accepting sealed bids for the sale of a 1950 Chevrolet fire truck, 250 GPM pump, 500 gallon tank, truck in good condition, tank in fair condition. To 'view truck, contact E.J. Stoll or 3im Stoll at (218) 758-2100. Sealed bids marked "Fire track bid" will be accepted at the office of the City Clerk, PO Box 126, Dent, Minnesota 56528 until bid opening at 7:(X) p m., June 14, 1994. Dent reserves the rigk. t to reject any or all bids. FIRI{ TRI I('K. Thc ()w;ih)una lire deparlnlt-nl will sell a 1004 Mack (;I'M pumper bids. The truck has a inch gas engine and manual transmission. The water tank 300 gallons. Some miscella- will be sold on the truck. Chief Jerry Rosendahl at (507) list of equipment to be ncluded or to ask any questions. Sealed bids must be delivered by 3:00 p.m. on May 31, 1994 to City Administrator, City of Owatonna, 540 West Hills Circle, Owatonna, MN 55060. Bids should be marked "Bid - 1964 Mack." STREET SWEEPER. Goodhue has for sale a 1958 Wayne Street Sweeper, Model #770. three wheel, with 6 cycl. gas engine. Sealed bids must be received by June 23, 1994 at 5:00 p.m. at city hall, Box 126, Goodhue, MN 55027. For more information contact Donald Thomforde (612) 923-4414. STREET SWEEPER. New Richland will be taking sealed bids on a 1976 Wayne Street Sweeper, as is. Tricycle tie, 318 Chrysler Engine. For more (507) 465-8304. Dead- line receiving bids is 4:30 p.m. on June 24, 199x4%,Bids will be opened at the June 27th Counbi4, Meeting at 6:30 p.m. The Council resei'v~s the right to reject any or all bids. Send l~s to: City of New Richland, (AUn: Sealed Bid - Street Sweeper), PO Box 57, New Richland, MN 56072. Wanted MERLINE PHONE SYSTEM. Wanted to buy: used Merlin phone system or parts thereof. Please contact Silver Bay City Clerk Gary Brumberg at (218) 226- 4408. League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126.8044 Fax: 612-490-0072 TDD: 612-490-9030 1-800-925-1122, plus your dry code The League ~ Minnesota Cities publishes the ~ities Bulletin weekly during thc l~gislative se~slou and m~hly du~ing the taw. rim, the time between semi,ns. Where to get information at the Capitol Copies of bilk House Chief Clerk's Office - 296-2314, Rm. 211' Secretary of Senate's Office - 296.2343, Rm. 231' Bill status, authors, companion, committee referral (by bill number, author, or topic) House Index - 296.6646, P.m. 211' Senate Index - 296-2887, Rm. 231' Weekly committee schedules, bill introductlons~ and summarie~ of committee and floor action House Information Office - 296-2146, Rm. 175'* Senate Information Office - 296-0504, Rm. 231' Recording of the following day's committee schedule and agenda, (after 4:30 p.m.) "House Call" - 296.9283 Senate Hotline - 296-8088 To reach a member on the House or Senate floor House Sergeant at Anna - 296-4860 Senate Page Desk - 296-4159 'lb notify the governor's office of your concerns Governor Arne Carlson - 296-3391, Rm. 130' *State Capitol, Si. Paul, MN 55155 **State Office Building, St. Paul 55155 All area codes ave 612 FIRST CLASS U.S. POSTAGE PAID st. Paul, MN PERMIT NO. 3223 Parr. lek 590 40t. h Colu,~bia 1994 Hen Au, a NE Fie ! 9h t..:~, Fi:k; !,:.GER Cl'['/0~: League of Minnesota Cities staff working with legislative issues Jim Miller, Executive Direc~r Duke Addleks~ Director of Intergovernmental Relation~ V, tan Peskau', General Counsel Pensions Gary Carlson, Senior Intergovernmental Relations Representative General revenue sources for citie~ Local government Iru~t fund Aid to citie~ Smh Hackett, Imergovemmental Relations Representative Transportation Fiscal ~tr~n of dries Economic development and redevelopment Government innovation and cooperation Ann Higglns, Intergovernmental Relations Representative Telecommunications Housing Elections and e~ics Utility service d~tricts Joel Jamnik, Senior Intergovernmental Relations Representative Growth management and land use Environmental protection Personnel and labor relation.~ Public safety General municipal governance Mary Diedrich, Legislative Secretary Julie Johns, Legislative Secretary CItY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 8 CITY MANAGER'S APPROVAL ITEM: ESTABLISH SPECIAL CITY COUNCIL MEETING BY: PAT HENTGES BY:~'~]~~'-x% NO: 8 A. DATE: 6-9-94 DATE: Originally, the City Council established the Sheffield Financing Hearing for July 11, 1994. I expect that a variety of issues will be before tke City Council for consideration, including the financing, final property acquisitions, planning report, etc.; it may be advantageous to establish a special meeting on July 18, 1994, at 7:00 P.M. This will give us adequate time for the staff to do an extensive presentation and for the Council to review and discuss each item before them. Therefore, I request that the meeting be re-established from July 11, 1994, to July 18, at 7:00 P.M. It is possible, that the meeting may be conducted at Murzyn Hall and telecast on cable. This is subject to the availability and the logistics associated with the cable casting. RECOMMENDED MOTION: Move to establish July 18, 1994, at 7:00 P.M. as a Special City Council meeting for Sheffield Financing Development Implementation Hearing. COUNCIL ACTION: CI~ CO~SCn, I~TT~ Heeting of= June 13. 1994 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER* S NO .. 8 CITY NANAGER' S APPROVAL ITEH= ESTABLISH SPECIAL CITY COUNCIL NEETING BY.. PAT HENTGES BY~ ~-~ NO.- 8 A. DATE= 6-9-94 DATE.. Originally, the City Council established the Sheffield Financing Hearing for July 11, 1994. I expect that a variety of issues will be before the City Council for consideration, including the financing, final property acquisitions, planning report, etc.; it may be advantageous to establish a special meeting on July 18, 1994, at ?=00 P.H. This will give us adequate t~me for the staff to do an extensive presentation and for the Council to review and discuss each item before them. Therefore, I request that the meeting be re-established from July 11, 1994, to July 18, at ?zOO P.N. It is possible, that the meeting may be conducted at HurzynHall and telecast on cable. This is subject to the availability and the logistics associated with the cable casting. RECO~ENDED NOTION.' Hove to establish July 18, 1994, at ?:00 P.H. as a Special City Council meeting for Sheffie~ld Fin~ ~cing Deve~l~pm~t Implementation Hearing .~ CITY COUNCIL LETTER Meeting of: 6/13/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS1. j ~ ITEM: AWARD OF 1994 MISCELLANEOUS BY: M. Winson ~/~_t BY: l./~ NO. CONCRETE REPAIRS PROJECT ~ DATE: 6/6/94 DATE: On March 14, 1994, Council authorized staff to seek sealed bids for the 1994 Miscellaneous Concrete Repairs and Installations, Municipal Project ~9400. Specifications were sent to six companies. Four sealed bids were received for the bid opening on June 3, 1994, at 9:00 A.M. Staff is recommending award of the work to Standard Sidewalk, Inc. of Lindstrom, Minnesota, for the low formal bid of $46,912.00. RECOMMENDED MOTION: Move to award the 1994 Miscellaneous Ccmcrete Repairs and Installations, Municipal Project g9400, to Standard Sidewalk, Inc. of Lindstrom, Minnesota, based upon their low, qualified, responsible bid in the amount of $46,912.00, with funds to be appropriated from Fund 401-594004000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MAW0b 94-336 COUNCIL ACTION: ;I CITY COUNCIL LETTER Meeting of: 6/13/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS .... ITEM: APPROVAL OF PLANS FOR 52ND AVE. BY: M. Winson~ BY: NO. FLOODWAY IMPROVEMENT AND CLOVER DATE: 6/6/94-- DATE: VON , DIVERSION-PROJECT #9112 In March of 1991, Columbia Heights and Fridley entered into a Joint Powers Agreement to undertake improvements in joint storm sewer systems along their common border. The finn of Maier Stewart & Associates was chosen to perform the engineering on the project and an initial meeting with the affected property owners was held in September of 1991. The two City Councils approved the preparation of plans and specifications earlier this year. A meeting to discuss the proposed plan with affected property owners was held in June of 1993. Although the work would be done within existing easements, several property owners have expressed concern over the loss of mature trees and disruption to their property. Staff has met with these residents and has had some limited success. Staff feds that the proposed plan represents the most cost effective soluticm to the problems this project is to correct. The specification takes into account the replacement of trees and restoration of lawns and other landscaping. RECOMMENDED MOTION: Move to approve the plans and specifications for the South Marian Hills Storm Sewer and Clover Pond Diversion as prepared by Maier Stewart and Associates, Inc., dated June 1994; and, furthermore, to authorize staff to seek bids for this project. MAWOb 94-339 COUNCIL ACTION: CrlYOF FRIDLEY FRIDLEY MUNICIPAL CENTi-iR · 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 · (612) 571-3450 · FAX {6121 571-1287 May 26, 1994 Mr. Patrick Hentges, City Manager City of Columbia Heights 590 40th Ave NE Columbia Heights MN 55421-3878 Subject: Highland Lake Diversion and 52nd Avenue Floodway Improvement Project Dear Mr. Hentges: I understand that the Columbia Heights City Council will be addressing the Highland Lake Diversion and 52nd Avenue Floodway Improvement Project at their June 13 council meeting. As you are aware, the two cities have been working for a number of years to resolve the flow of water from Columbia Heights into the Tertiary Pond in Fridley, as well as the flooding issues associated with Clover Pond and the drainage system parallel to 52nd Avenue. Many alternatives have been discussed during this period, attempting to deal with the identified problems. The Fridley City Council believes that the most acceptable solution to the problem is the control of water from Highland Lake and the diversion through Clover Pond with the 400 foot secondary pipe installed in the 52nd Avenue flood area. This solution, identified at a cost of $126,000, would address the 100 year flood event and provide for a solution to the storm water problems in both cities. Due to the time spent on this project and the number of discussions held, we believe that action should be initiated this fall. We hope that the Columbia Heights City Council agrees that this is the best solution to the problem. Request we be notified as soon as a decision is made by your council, so that a construction contract may be issued this summer. Sincerely yours, William W. Burns City Manager CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: PATRICK HENTGES CITY MANAGER MARK A. WINSON /~/~ PUBLIC WORKS DIRECTOR/CITY ENGINEER PROJECT #9112 - 52ND AVENUE FLOODWAY AND CLOVER POND DIVERSION DATE: JUNE 10, 1994 The City Council will be considering approval of the plans and specifications, and authorization to go out for bids for the 52nd Avenue Floodway and Clover Pond Diversion Project at their meeting of June 13, 1994. Impacted property owners in both Columbia Heights and Fridley have been notified of this meeting. History In March 1991 the Cities of Columbia Heights and Fridley entered into a Joint Powers Agreement to undertake improvements in the storm water collection system, that they collectively use along their common border between Central Avenue and Stinson Blvd. There are two facets to the project: 52nd Avenue Floodway - This portion of the project would alleviate the flooding of three homes on 52nd Avenue in Fridley by constructing an overflow pipe over the existing storm sewer line that was jointly constructed by the two cities in the late 60's. The existing storm sewer is located in an easement on the Columbia Heights side. It is intended to install an overflow line within the same easement and on top of the existing line. The overflow line would provide protection from the 100 year storm event to the homes that currently experience flooding. Clover Pond Diversion - This portion of the project would provide a controlled outlet from Highland Lake to Clover Pond. Currently, storm water runoff from this drainage basin eventually ends up in the Tertiary Pond, which has no outlet. In the past this has not been a problem as water would soak into the ground through a porous layer in the underlying soils. This porous layer has become plugged with silt and in recent years, the pond has not drained as quickly and the water levels have driven quite high in the pond. This spring, the City pumped water out of Highland Lake for two days in order to avoid flooding of homes on the Secondary and Tertiary Ponds. Memorandum to Patrick Hentges June 10, 1994 Page 2 Proposed Proiect 52nd Avenue Floodway - The proposed project would be to install a shallow 42" storm sewer line from the existing catch basin/manhole located in a low area in the northeast comer of 1165 Polk Place. This line would extend approximately 250' west on top of the existing storm sewer in order to provide an overflow to storm water that is currently trapped in a low area. A 42" pipe would surface with a grated outlet section allowing the water to run down a natural swale along the common border between the two cities and down to Highway 65. For most storm events very little water would go through this overflow pipe and that water would be captured by an existing catch basin located in the property at 1125 Polk Place. In very large storm events the water would continue on down to Highway 65. In addition to the 42" pipe, a 12" subsurface drain will be installed for approximately 75' upstream of the catch basin manhole in order to pick up localized pockets of storm water. Staff has met several times with the property owners at 1145 and 1165 Polk Place to discuss the installation of the 42" storm line. Both of the property owners have expressed concerns with regards to the loss of existing landscaping that they have installed within the easement. Staff and the consulting engineer for the project, MSA Inc., have looked at some alternatives in order to lessen the impact to the existing landscaping. A suggested alternative of creating a low area upstream of the catch basin manhole in order to trap the storm water at an elevation that would not flood the homes at 1280, 1298 and 1300 52nd Ave. was investigated and determined that the available volume would only lower flood levels approximately 0.2'. An altemative of creating a swale in order to provide an outlet for the water in the low area was investigated along with berming of the walkouts at the 52nd Ave. homes but did not meet the approval of several of the affected property owners. A third aitemafive of changing the route of the line in order to avoid the landscaping was investigated but it has a price tag of approximately $12,000 over the proposed alignment. Staff has offered the property owners at 1145 and 1165 Polk Place a landscaping allowance of $1,500 each for replacement of the existing landscaping within the easement. As of the writing of this memo I have not had a f'um response from either property owner as to whether this is an acceptable alternative. The property owner at 1125 Polk Place has raised concerns with regard to potential danger to his children from running water in the back yard during storm events. Additionally, the easement across this property is different from the other easements in this area in that it granted permission to specifically install an underground storm sewer line. The other easements that were obtained in the late 60's through this area were for utilities. Staff is recommending that, as part of this project, a 6' high wooden privacy fence be installed between the drainage way and the house on the property. This would be appropriate as this will be the property most impacted by water running across the surface. Other properties down stream will Memorandum to Patrick Hentges June 10, 1994 Page 3 only have water running down the drainage way in truly major storm events. As of the writing of this memo, staff has not received a finn commitment from the property owner to this solution. Clover Pond Diversion - The proposed project in this area is to install a 12" storm sewer line from Highland Lake to Clover Pond at the location where Innsbruck Parkway West intersects Innsbruck Parkway. The project would include the construction of a manhole control structure in Innsbruck Parkway. The 12" outlet from this control structure to Clover Pond would go along the common property line between 1735 and 1745 West Innsbruck Parkway. This diversion would be used only at those times where water levels have risen to a point at which homes on Highland Lake, the Secondary Pond and the Tertiary Pond may be flooded. Depending upon the size and frequency of storms, this diversion may be done only once or twice a year or may not be necessary for several years. Property owners at 1735 and 1745 West Innsbruck Parkway have expressed concerns about the disruption the construction of the line would have on their existing landscaping within the easement. Additionally, the existing easement is quite narrow considering the depth the line would need to be installed at. Staff is recommending that as part of this project this outlet pipe from the control structure be jacked in order to minimize disruption to the existing yards and landscaping. Another concern on the part of the Clover Pond Homeowners Association is the transfer of undesirable vegetation from Highland Lake into Clover Pond and the potential for flooding on Clover Pond during a diversion operation. The control structure is set up in such a manner that water could only be transferred to Clover Pond under manual control and with a maximum flow rate that is quite small. With regard to the transfer of undesirable vegetation, this is indeed a possibility and it is suggested that perhaps the Cities of Columbia Heights and Fridley would fund appropriate treatment of Clover Pond should the undesirable vegetation appear in Clover Pond. In order to alleviate the storm water problems that have been experienced in this common area between the two cities, Staff is recommending approval of the plans and specifications. As part of the project, we're recommending the inclusion of the landscaping allowances for the property owners at 1145 and 1165 Polk Place and the installation of a privacy fence at 1125 Polk Place. The estimated cost for the entire project is $135,000. MAW:jb 94-360 (]A-18 I1 I SSVd I I I I I ! /S NVNVH3nI~ ~qOd /S 15 U3-1AJ. 3AV TORM SEWER !170 ', 940 52ND AVENUE I 1298 i 300 1260 1 2~0 ° .,1~.~,NDADDITION HOU'~;E 94~ ~ EL[ 'i IREE 42' RCP- 36' FLARED END PIPE 15 14 13 12 1195 1225 il75 1125 1135 1145 ~ 1165 ~ A. ~ ~.-I ,~ Il~ [~ POLK PLACE REPLACE EX. CAS!l! ..... ~NECT PI ::l POND DIVERSION ; OF ANY TREES VE THE APPROVAL CLOVER · POND 12" OU TI.ET TO (SEE DETAIL ~:' 15 o 7.5° RCP EX h~' ;CHARC,E : HIGHLAND LAKE ANGLE 157' c~ 1-11 ~t Z 0 0 0 ~ °~ Zz O0 o~,. 3 / ~'-.. -, %- .-I I ~.> h Z 0 Z 0 rY~ ~0 O0 c~ -"Jz LC) CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: New Business NO. 9 ITEM: Request for Police Intervention I NO. in Sheffield Area ?, ~ ORIGINATING DEPARTMENT PO CE - '- BY: Capt~ifi Leonard Olson DATE: May 25, 1994 CITY MANAGER APPROVAL: In late 1993, the Police Department was granted funds by the City Council to provide extra patrol procedures in the Sheffield area. This provided the area extra consideration and attention, which was later evaluated to be time extremely well spent. The regular patrol officers at the time were being overtaxed, and with the addition of the overtime patrols, we were able to defuse the area even further. With 1994 budget restraints, such a program presently would not be feasible. The plan, if approved by the Council, would allow overtime officers to patrol the Sheffield area, continuing alley patrol, traffic enforcement, and enforcement of any criminal violations using the established zero tolerance technique. Hours of operation would be 7:00 P.M. to 3:00 A.M. and would include officers usually in a marked patrol car. Days of the week would normally be Thursday through Saturday. The Police Department is requesting $6,039.00 to be used for this project. The funding equates to approximately 135 man hours, which will be spread out with one detail per week. We continue to work with the Anoka County CID Drug Unit and constantly feed them data for their ongoing investigations. The extra patrol could also lend to this information-gathering process. RECOMMENDED MOTION: "Move to amend Department Fund 101-42100 by an increase of $6,039.00 for special overtime police patrol activity in the Sheffield area, funding of which would be transferred from City Council Contingency Fund 101-41110-8100." LMO:mld 94-146 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: New Business NO. 9 ITEM: Request for Summer Bicycle NO. Safety Officer El, ORIGINATING DEPARTMENT POLI___C~,_ BY: Captain Leonard Olson DATE: May 25, 1994 CITY MANAGER APPROVAL: The Police Department has, for the past several years, budgeted for and employed a part-time summer helper to operate the Police Department"s summer bicycle safety program. The summer months bring out a variety of youngsters who ride in the streets carelessly and certainly create problems for the motorist. The summer employee traditionally rides a police bicycle on a weekly schedule, patrolling the streets, looking for bicycle violations during the months of June, July, and August. When violations are observed, the bicycle officer cites the juvenile. This citation is the tool by which we involve the parents, as well as the violator, because the citation guides the child to a bicycle safety seminar provided by the Department to which the parents are also invited. The seminar topics cover all aspects of bicycling safety, as well as adherence to state statutes. This program has been well received and the impact of the program has made bicycling in our community much safer. The person employed in the past was a college student who resides in Columbia Heights, and with Council approval of this request, perhaps this person could again be recruited. The Police Department is requesting $2,100 to be used for this project. The funding will provide the seasonal employee salary. RECOMMENDED MOTION: "Move to amend Department Fund 101-42100-1012 by an increase of $2,100 for the hire of a seasonal summer bicycle safety officer, funds of which would be transferred from the City Council Contingency Fund, 101-41110-8100." LMO:mld 94-148 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: New Business NO. 9 No.ITEM: MDTRequeStunitst° Purchase Remainin~~, ORIGINATING DEPARTMENT POLICE ~ BY: Captai~nard Olson DATE: May 25, 1994 CITY MANAGER APPROVAL: In February, 1994, the Police Department leamed that Anoka County had received the preliminary MDT shipment for the county agencies, of which one of the three units order6d was allocated for Columbia Heights. Motorola manufacturing schedules were backlogged and future shipments remained unsure at that time. Due to this situation, Anoka County sent the billing for the single unit and the Police Department made the official request to the Council. We have learned that the final two units are now in and the Police Department requests permission to purchase these units. Funds are available and budgeted for in Police Department Capital Expenditure Fund. The cost to purchase is: MDT $4,55O.00 Warranty Plan 144.00 Sales tax 295.75 Total each $4,989.75 The total to purchase two units is $9,979.50. This brings the MDT total to the budgeted and allocated six units. RECOMMENDED MOTION: "Move to authorize purchase of two MDT units from Anoka County for the purchase price of $9,979.50, and that the Mayor and City Manager are authorized to issue payment for same with funds allocated from the Police Department Capital Expenditure Fund 431-42100-5180." LMO:mld 94-147 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of : May 31, 1994 AGENDA SECTION: New Business ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: 4th July BY: ~Mark S. Casey BY~~ NO: ~, ~ DATE: June 13, 1994 The 1994 4th of July Celebration will take place at Huset Park, Monday, July 4th from 7:00 pm to 10:30 pm. A band will be performing in the bandshell from 7:00 pm to 10:00 pm. Ending with a fireworks display from 10:00 pm to 10:30 pm. Letters requesting financial donations were sent to over 100 businesses and organizations. As of May 31, 1994 $5,900 has been collected. Staff anticipates additional donations will still arrive. Awardinq of Fireworks Bid Bids were sent out to four fireworks companies, two were non-responsive, two responded back. The bids were at a minimum of $5,000. (The cost of 1993's display). Recommended Motion: Move to contract with Arrowhead Fireworks Co. for the 4th of July display at a cost of $5,000 based on quality and quantity and furthermore, to authorize the Mayor and City Manager to execute a contract for same. Street Closing In order to provide a safety area for the 4th of July fireworks, staff is requesting that 39th Avenue between Jefferson and Fifth Street and Mill Street between 40th Avenue and the east driveway of the police parking lot be closed from 7:00 pm - 11:00 pm and that no parking be allowed on said streets between 5:00 pm - 11:00 pm. Use of Hillcrest ProDert¥ In order to provide the proper safety distance, the fireworks will be shot off from Hillcrest property located south of the railroad tracks and north of 39th Avenue NE. In exchange for the use of the property, Public Works will maintain the property during the summer months. Recommended Motion: Move for the Mayor and City Manager to enter into Hold Harmless Agreement with Hillcrest Development for the use of the Hillcrest property in exchange for the city maintaining Hillcrest's properzy during the summer months. 4th of July Budget Fireworks display - $5,000, Band - $500., Satellites - $300. Garbage dumpsters - $200., Total = $6,000 RECOMMENDED MOTION: Move to accept all donations for the 4th of July Celebration and authorize the expenditure of donations towards the total expenditure of $6,000 and to further authorize expenditures not covered iby donations to be taken from the Mayor and City Council Budget. COUNCIL ACTION: BT. hOl~I8 PARK, MINN. DULUTH, MINN. CO., Inc. ST. LOUIS PARK, MINNESOTA ~ 2, 199'1 l~cr~atim Office 550 ~flll Street COl~_~h~ia Heights, MN 55,121 DearS. ~s~, Enclosed is our proposal for your 1994 Firework celebration. In it I b~ve included a diagram of how tl~ Set Pieces would be set up and pictures of tl~ Set Pieces we lave. In this proposal I tare included shells fr~n the United Sta~es, C~ina, Japan and Taiwan. 'l~ese shells are up to six ~ncl~s in diameter. ~f you do not lave tt~ roc~ to s~ot six inch st~lls we cml replace tl~n vith four and five inch or if you lave ro~ to sl~o~ larger sl~lls we can add tlmm also. Hopping to be of service to you tlh~s year. Sincerely, ARROWHEAD FIREWORKS CO., I1~. T~mas E. A%ol Commercial and Display I~ir~werl~s ST. LOUIS PARK, MINN. DULUTH, MINN. CO., Inc. ~PBCIAL PIREWORK DISPLAY $~.LOUI$ pA~K, MINN~$OTA~k~ PROGRAM FOR THE CITY OF COLUMBIA HEIGHTS July 4, 1994 QPENING SE~ 12 ea 3" 12 ea 3" ]~;)D¥ o~ D, ISPL~Y 4 ea 3" 4 ea $" 4 ea 4 ea 3" 4 ea 3" 4 ea 3" 4 ea 3" 4 ea 3" 3 ea 3" 3 ea 3" 3 ea 3" 3 ea 3 ea 3" 3 ea 3" 3 ea 3" 3 ea 3" 3 ea 3" 3 ea 3" 3 ea 3" 2 ea 3" A%omic Salutes Asst. Peony & C~ysantl~mum S~11 ' Green Peony Shells Red Peony w/Green Heart Sl~lls Green ,Peony w/Red Heart S]~lls The Spring Sl~lls Full Bloom in Garden Sb-11s Tri-Color Ball Sl~lls Flower Bed SI~lls Blue to Red Peony Shells Silver to Blue Color C~nging Pe0~y S~lls Green %o Yellow Color (3~%nging Peony ~lls Green to Yellow C~urysanthemmn S~11s Blue to Yellow C~=ysant~ ~lls Red to White to Blue Chrysan%l~mu~ Shells Red to Blue Color C~uanging ~lls Blue Ring w/Red M~ar~ Shells Red Ring w/Blue Heart S~lls Palm Tree ~ells Glittering Cg~santhemum & Blue Peony Shells Glittering Gold to Blue & Yellow C~-ysant~mum S~lls Glittering Clu-fsanthemum & Red Peony ~mlls Yellow P~ony w/Blue Heart Shells Purple Cl~santhemum St~lls Glittering f~uTsanthemum & WTlite Peony St~lls Red to Green to Crackle Shells Commercial and I~ispla,), I:ire~orks 2ea 2ea 2ea 2ea 2ea 2ea 2ea 2ea 2ea 2ea 2ea 2ea 3" 3" 3" 3" 3" 3" Dragon Eggs Shells Green Surf Shells Red Surf $~lls Purple Tiger Tail ~ells Glitter Ti~qer Tail $~lls Golden Wave to Variegated C~-fsant~m~ 2Hlells Golden Wave to Blue Cgu~ysant~mum Red Gamboge to Purple C~hrysantl~mm~ ~lls Red Gamboge to Silver Ct~--fsant]~mum Shells White Twinkling Shells Blue to Sl.lver Peony $1~lls Green to Purple Peony Shells Red and Green Peony Shells Yellow Peony Shells Gold Rippling C~u-fsantt~mum S~lls Gold Rippling Peony Shells Crackling Gold Tiger Tail Sb~lls Green Tiger Tail Shells Crackling Gold Tiger S~ells 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 1! 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" Green Peony Shells Red Peony ~ells Tri-Color Balls Shells Green Ring Shells Coconut Tree Shells Flower & Willow Shells Red, White, Blue Color C~n~iDg ~lls Red and Blue Cross Rings ~11 Blue to ~ite C~u~ysant~mum Shells Golden Wave to Red Peony Golden Wave to Blue Peony S~lls Color Peony Shells Red Cg~-ysanthemum Shells Glittering Wave to Green Peony S~11s Glittering Gold to Blue & Yellow C~wysanthem~an Blue to Green Peony Shells ~ ea 2~a 2ea 2ea 2ea 2ea 2ea 2ea 2ea n 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" 4" Yellow to Red Peony Shells Red to Silver Peony She,?ls Red Gamboge to Green CTu-ysant~mum ~;ells Glittering Silver to Red CTurysant~mum S~11s Glitterin9 Silver to Purple C]u-fsantl~z~n Shells Golden Wave to Blue C~-ysant~um S~lls Yellow Cg~-ysanthemum w/Green Pistil S~lls Gold C~u~ysanthem~m w/Green Pistil S~lls Da~ulia w/Crackling Pistil S~lls Blue to Crackling Shells Red to Green Peony w/Pistil ~lls Green Peony w/Silver Pistil ~lells Silver to Glittering Silver C~-ysanthemman ~lls Gold to ,Blue Diadem c~-ysant~um S~lls Crackling Gold Palm w/Risin~ Cracklin§ Gold Tr%mk ~ell 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 5" 5" 5" 5" 5" 5" 5" ~" 5" 5" ~" 5" 5" 5" ~" ~', WT~ite CTu-fsant]~mmn ST~lls Welcome Spring S]~ll Silver Swallow Shell Blue Diamond S]~i1 Yellow CT=ysanthemum St~ll Lightning Shells Golden Wave to Green to silver Peony S~lls Golden Wave to Blue to Silver Peony $]~11s Red & Green Cross Rings S~ll Green to Yellow Clu--fsanthem%~ Shells Red to Blue C~-ysanthem~ S~11s Golden Wave to Yellow Peony S~lls Red to Silver Color C~uangi~g Peony Shells Color Sil~ Sl~lls Red Silk Shells Flower Bed Shells Glittering Wave to Red Peony S~11 Glittering Wave to Blue Peony Shells Blue to Red Peony ST~ells Red, Silver & Blue Peony St~11s JUN-O2-g4 1S:S? THE R~ROHIERO CO INC TEL:218-?21-3910 P:OG 2 ea 5" 2 ea 2 ea §" 2 ea §" 2 ea 5" ! ea §" ! ea §" ! ea §" ! ea §" 1 ea 5" ]ea §" ! ea Red Gamboge to Silver Strobe w/Silver Tail S~ll Golden Palm Tree w/Tail ~tousand Yellow Ct~fsanthemum S~ll Diadem C]u-fsanthemum w/Strobe Core Sl~ll Glittering Silver to Red to Green C~--ysantl~mi-um St~lls Glittering Silver to Green to Silver C~ysanthe~m~m Red Heart Pattern Shell Green Star Pattern Shell w~ising Tail S~11 Glittering Gold Butterfly Pattern w/Purple Ring ~11 Glittering Gold to Red Diadem C~uTsant~mum Shell Brilliant Brocade Cgu-ysant~mum w/Blue Pistil S~lls Blue C~rysant]~man w/Gold Rippling Pistil Shells Golden Spangle Shells Diadem Clu~ysanthemum w/Gold Rippling Pistil 2 ea 2 es 6" 2 ea 6" :2 ea :2 ea 1 ea 1 ea 6" 1 ea 1 ea 6" 1 ea 6" 1 es 1 ea 6" 1 ea 6" 1 ea 6" 1 ea ! ea 6" ]. ea 6" Iea 6" ! ea 6" 1 ea Iea I ea Willow Golden Purple Red to Twice Flowers Shell Purple Peony ~11 ~ees Shell Wave to Purple Peony S1~11 to Green Cgu-fsant~mum S~11 W~ite to Blue C~-ysanthemum S~ll Silver Rain Shell Peaches ~ell Glittering Wave to Green Peony Shell Red to white to Blue Peony S~11 Glittering C~u~santtmaman & Silver to Red Peony SI~ll Glittering c~u-fsanthemlum & Green to Blue Peony S]~11 % and % Peony w/Two Color Pistil S~11 ~ Red ~nd ~ Green Peony ~ell Red Gamboge to Blue to Red Chrysanthemum S~11 w/Silver ' Gli~tering Sil%~r to Blue to Red Ou-fsant~mum S~11s Golden Wawe to Red to Blue ~11 Purple Heart Pattern in Silver Glittering Ring S~11 Red Bowtie in Green Ring Pattern S1~11 Gold Fish Pattern Shell Color Changing c~u~fsantheml~n w/Comet Stars Shell Big Willow w/Drifting Wtu[stling Silver Dragon Shell JUN-02-~4 1S:S? THE ARROWIEAD CO INC' TEL:218-?21-B~lO x\ 20 ea 2" 24 ea 48 ea 3" 60 ea 3" 10 ea 4" 5 ea 5" Crackling mine S]~lls Japanese Finale Sl~lls Atomic Salutes Asst. Peony & C~=ysantt~mum Stells Asst. Peony & C~-fsanthemum Sl~lls AsSt. Peony & Clh-ysantheml~n Shells S~lYer (k~ets w/Reports S)~lls G~74ND SET .~t_Ec_~__ Iea lea lea lea 12 ea lea lea Fountain of Youth Evening Sunset 2,t Stick Niagra Falls Flash Curtain Fountains 4 x 6' U.S. Flag Good Night Si~n .TLlI~-O2-_qq 1_:.:_~? TN~ F~F'.~?I~..IIEP. S,_ ,_=, It.;iS TEL: 21B-721-392~9 P: 1~ AGREEMEiNT This Agreement, given this day of , 1994, by and between the City of Columbia Heights, a Minnesota municipal corporation ("City") in favor of Hillcrest Development, a Minnesota domestic corporation ("Hillcrest"). That for and in consideration of the terms and conditions found herein it is agreed as follows: RECITALS ao o Hillcrest owns certain vacant property within the City of Columbia Heights located at 551 - 39th Avenue N.E., legally described as: 2nd Subdivision of Block F, excepting Lots 1, 2 and 3, State of Minnesota. all of Block 2, County of Anoka, Hillcrest has communicated a willingness to allow said property to be used by the City as a launch area for the July 4, 1994, fireworks display. AGREEMENT o The City agrees to hold Hillcrest free and harmless from and against any and all liability, loss, cost, damage, and expense, which the owner may suffer or incur as a result of any claims which may be made by any person, including, but not limited to, Columbia Heights, its agents and employees, that arise out of or result from said fireworks display on the 4th day of July, 1994, whether such claims are based on negligence, whether of the City of Columbia Heights or another, absolute liability or otherwise. This hold harmless shall apply only to liability, loss, cost, damage or expense arising out of the use of the above-detailed property as a fireworks launch, site. In consideration of the use c.f this property as the launch area for the July 4, 1994, fireworks display, the City of Columbia Heights hereby agrees to mow and cut the grass and weeds on the above described real property from June 1, 1994, to August 31, 1994. o This agreement is delivered, made in and executed with respect to and shall in all respects be construed pursuant to and governed by the laws of the State of Minnesota. THE CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Mayor Patrick Hentges, City Manager CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 CITY MANAGER'S APPrOVaL ITEM: ACTING POLICE CHIEF COMPENSATION BY: PAT HENTGES BY:,~~('~__ NO: 9 G DATE: 6-9-94 DATE:'~ The Mayor has appointed Leonard Olson to assume the responsibilities of Acting Police Chief. With these additional responsibilities, the Mayor requests that the City Council temporarily adjust Mr. Olson's wage from $4,604 per month to $5,018 per month. The proposed wage rate adjustment is the approximate salary of the former Police Chief. The wage rate will remain in force until a Police Chief is permanently appointed, or the additional responsibilities are terminated by the Mayor. Attached please find correspondence from the Mayor to both the City Council and the Civil Service Commission regarding the Chief appointment process. In essence, Mayor Sturdevant intends to delay the appointment process for a permanent Chief for a period up to six months. During that transition period, it would be the Mayor's intention to further evaluate the direction of the department and concentrate the department's energies on implementing the federal grant that calls for the hiring of two additional officers. The letter more specifically lays out the objectives and goals that the department will focus on during the transition period. RECOMMENDED MOTION: Move to authorize adjustment of Leonard Olson's pay rate to $5,018 per month as compensation for Acting Police Chief responsibilities, and said compensation shall remain in force until appointment of permanent Police Chief. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdcvant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gar~ L. Pctcrson Robert W. Ruettimann City Manager Patrick Hcnlgcs June 9, 1994 Columbia Heights City Council, and Columbia Heights Police & Fire Civil Service Commission Columbia Heights, MN 55421 Dear Councilmembers and Commissioners: Effective June 3, 1994, I have appointed Leonard Olson as Acting Police Chief for the City of Columbia Heights. As such, Acting Chief Olson will assume full authority and responsibilities as outlined within the City Charter, ordinances, city policies, or Civil Service rules. The appointment of Leonard Olson as Acting Police Chief will remain in force until a permanent Chief of Police is appointed or until I rescind this directive. I will be seeking approval of the City Council, at the June 13, 1994, meeting, to fairly compensate Acting Chief Olson for his new duties at the same rate of pay of the previous chief, $5,018 per month. It is my intention to delay the request of Civil Service to begin the testing process or final appointment process of a Police Chief, for a period up to six months. It would be my intention to further evaluate the direction of the department and formulate a request to Civil Service on the appointment process. The City was recently awarded a federal grant to hire two additional police officers. This opportunity will require the immediate attention of our police staff and elected officers. The timely implementation of the grant will require the immediate input from all police personnel and requires that they be totally focused on the grant, as opposed to the Police Chief hiring process. During the past two years, many changes have occurred in the Police Department. Most changes have been for the better, while others have been marred with controversy or severely affected the morale of the employees. By delaying the appointment of the Chief, the dust can settle, and we can better focus on direction of the Police Department. During this transitional period, I do not intend to create an environment of uncertain leadership for the employees or the citizens. Rather, it is my intention to lay out specific objectives that are aimed at providing the Police Department an opportunity to show what can be accomplished with the full support of the elected officials and good citizens of the community. I have asked the City Manager to assist me in further defining the objectives and measuring their performance over the transitional period. Attached please find a general outline of the objectives that will be focused on during the next few months. As you can see, these objectives are aimed at accomplishing the larger goals of: improving the management/supervisory depth and qualifications of the police staff, hiring the two additional police officers and implementing the objectives of the Federal Police Grant, expanding the problem orientated policing philosophy, reinstilling sense of teamwork and unified direction within the Police Department. I will keep each of you informed as to the progress that the department is making towards these objectives. I hope you will join me in your giving full support and commitment to the ongoing efforts of the Police Department. Sincerely, i: '..,:.~ ' t ,~ '. L. .: b 4 . T, .' '. Joseph Sturdevant Mayor cb "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITv EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NO"[' DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR -HE PROViSiON OF SERVICES COLUMBIA HEIGHTS POLICE DEPARTMENT OBJECTIVES Achieve the hiring and training of two additional officers, pursuant to the Department of Justice's Police Supplement Hiring Grant. Implement the federal grant objectives that call for expanded police problem solving techniques and Community Orientated Policing philosophies on a city-wide basis. As a companion to the federal grant, apply to th~ State Office of Drug Policy for funding of a police/neighborhood liaison position that will assist neighbors and police officers in problem- solving and crime prevention techniques on a city-wide basis. Develop and implement a training program for that is aimed at improving the senior management capabilities of the sergeants and captain positions. Develop a plan that will provide interim experience and advanced management training to police staff who aspire to advancement into police management positions opportunities. Develop a plan whereby members of the department are mentored, personally assisted and assessed as to their abilities in areas of police specialization or alternatively, advancement into a police command appointment. Present an organizational plan that revises the current staffing needs, shift/schedule assignments, and responsibilities. Continue to improve the communication lines between Police Department, City Manager's Office, and other City Departments so as to achieve comprehensive solutions to City service problems. Reinstate clear lines of authority and responsibilities within the Police Department. Develop a long-term police strategy to address or react to police problems as they may redevelop or intensify in the Sheffield Neighborhood. CITY COUNCIL LETTER Neet/nS of: 5une AGENDA SECTION: NEE BUSINESS ORIGINATING DEPARTNENT= CITY MANAGER'S NO; 9 CITY HANAGER'S APPROV/~.~ ITEN: GAHBLING LICENSE REQUEST - COLUHBIA BY: PAT NENTGES BY= .~ ~ HEIGHTS LION'S CLUB DATE= 6-9-94 DATE.~ NO= 9 H. Columbia Heights Lions Club has made application for approval of a Class B Gambling License for the Box Seat Restaurant at 4005 Central Avenue NE, Columbia Heights. Pursuant to the City' Council's resolution regarding charitable gambling, it appears that the organization meets the criteria set forth in the city's procedures. The application indicates that the organization will perform lawful gambling activities including raffles, paddlewheels, and pulltabs on the premises. Originally, it was my understanding that their activity would be confined to the paddlewheel. RECO}H4ENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a Class B Charitable Gambling License for the Columbia Heights Lions Club for Box Seat Sports Bar & Grill, 400§ Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty day notice to the local goveming body. COUNCIL ACTION: IESOLUTION I~O. 88-/J! BEING A RESOLUTION AUTHORIZ~IIG CERTAIN CHARITABLE BE IT RESOLVED by the City of Columbia Helshts that gambling, as described ~n lfinnesota Statute 326 shall be prohibited in all berm and liquor establish- Bents vLthin the City vh/ch are licensed pursuant to Section 5.S01, 5.503, 3.504, 5.505, 5.506, or 3.507 of the City Code unlessz 1. The organization vishing 'to samble obtains the pemlssion of the lf~nnesota Charitable Gumbling Control Board~ 2. The orsanization vishing to gamble obtains the peruission of the Council of the City of Columbia Helshtsl 3. The organization vtshin$ to samble has been ~u e~Lstence ~n Columbia Heishts for not less than ten yearsl The organization vlshlng to .Bamble is a bona fide club~ The organization visl~Lug to samble does not pay the proprietor of the licensed premises a natal or lease payment in excess of the lesser of $400 per neath, or the amount authorized by the State Char/table GaBbling Control Board for Class & and Class B 1/ceases. No o~er rem~erat~on shall be paid to ~e proprietor for pe~tt~g ~e g~bl~g actlvity or d~Lce to be located ~ ~e llc~Bed pr,Bises. A license fee not subject to a velvet shall be paid to the City of Columbia Helshts in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not prorated or refundable. NOV, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 86-11. Passed the 9th day of Hay, 1988. Offered 87~ Carlson Seconded Byz Peterson Roll Callt All ayes Dale V. Hadtrath. Ifayor b LG214 · -=ammesom LmqiM Om~b~ Premises Permit Application - Part I of 2 FOR BOARD USE ONLY BASE # PP # FEE CHECK ~NrrL~.LS. DATE Renew~] Ozgmiz~on ba~e license number Pmmir, e~ permit number New · '~ B ($250) Pul-u~. tpbowds, pocMewheels, raffles [] como) [] D ($150) RMfles only Name of ,iness Address of Organiza~n - Street ~' P. O 8ox (Do no~ use the address of your gambling manage0 City State 2~p Code Coynty D~y~ pho~e number co/... IJ .r ~ . ~ ,,~. ~* y21 ;0/f/~ ~ (~,,~ N,~me of ~, ex~ ~o.~/(cannot be your gan~ng T~drn~n~ge~..~.~.,~. Day~e phone numl:~" Blngd Occ~sions It' applying for a class A OF C permit, fill in days and beginning & ending hours o~ bingo occasions: No mo~e than seven bingo occasions may be conducted by your~ ;)er week. t~ * to to. City and Oourfly where gamMng premises is located OR Town~hip ond County where gambling premises is IocaMd if outside of ci~ Emits Nnme and address of legal oM;nor o~ premises City Stato Zip Code Does your organization own the building where the gambling roll be oorducted? r--I YES I~ NO ·mcoW of the base (lotto LG202) with trams for at leost ooe year. · a ropy of a ske~h d the floor plan with dimonsims, showing what portion is being leesed. A lense and skotch are not required for Chss D appf~Jt~ns. Permit Application.- Part 2 of 2 I hereby consent that lc)cai Mw enforcement off'mere, the board or agents of the board, or the commissioner of revenue or public safety, or agents of the commbmionem, may enter the premises to enforce the law. Bank Records ,,,formation Tho board is authorized to Jnsped tho bank records of tho gambling account whenever necessary to fulfill requirements of colTant gambling roles end Mw. Oatll I declare that: -I assume full responsibiaty for the fair and lawful opera- lion of all activities t~ be conducled; -I roll familia~j mylelf with tho laws of Minnesota governing lawful gambling end rules of tho board and · gme, il licensed, to M)ide by those laws and mbs. Including mmendments to them; *any changes in mpplication information will be submitted to tho board and local unit of govemmont within 10 days *1 understand that failure to pmvkfo requJrod information -I have read this application and all information md)mitred or pmvkling false or misleading Information may result in to the board is true, accurate and complete; A tho denial or -all other required in?rma~o_' n ~ I:~ fully *f~,~'~sed; ._.. ,, .m m~,,m,.. 1. The city *must Mgn this mpplication # the gmmbrmg prom- tses is located within city limits. [ The county *'AND township** mu~ aign tldm mpprmcatk)n I the gambling premises is bcated within · kmmship. 3. ~ local unit government (city er county) must pmmm · 4. A eoov of the local unit of aovemment's ra~__!ution ao- Dmvina this m~olication must be attached to this am)lication. S. If thb Koplic.~ion b denied by tho br.4d unit of govemmant, I chould not be lubmitted to the Gambling Control Board. Clly' or Counly** Township*' r~e i Dm m~.mivmd r.b i r)m pa,~-,md (~.Mk~ C(~M MM 1711 w. ~ Md B · Me.l~ lin Ml1~ ~y agreeing to the terms of ,_~ts lease, it is mutually agreed that: * When Imming from a licensed bingo hall, the bssor must be ~ ownm of the prope~y. · The owner of the property or the lerner may not men·ga gmnbling at the premises. · The lessor of the premiss, his or her knmediate farn~, end em/egento or empioye~ of the Immee may not i~rticipete as playem in the conduct of lawful gambling on the laased pmrnkes. e The lessor end the Immee do not h~ve a direct or Indirect t'mancJalintemst in the ci~zibu~on or manufacture of gambling equipment. agent~ of the commi~ioner, or the Commms=ner o~ ~evenue .o.r !.genre m .me =o...~n~_ _ the romisas at an reasonable time, eno perm~ me cxgan:~m.,u,, enforcement pemonn..al to Inspect . P · Y ' · oonduot lawfulgambl,ng at.the prem?.as .~. c.o?.ng tot. he te~,m~..__of_~...b_b_..n.,e..Th~..e,~.?~ ~maeYo u~O~ ~f~.m~J conditions on the organization mgam,ng a~'m~mom a~ gan~..,ng oqu,y,,m,,~, .g,. ..... r th r · The organization must obtain an organization icense, gambling manager license end a premises permit from the Gambling Control Board. The organiz~on w'll be reapon~ible for complying with the laws and mlas of lawful gambling. · The organization must have, at the gambling premises, a current inventory of gambling equipment, a ekatch with dimensions of the premises available fo~ review, and a clear physical separation or civider between the lassee'e gambling equipment and the lassor's business equipment. · The organization v~ll be responsi31e for ensuring th=t the leasor's business ,~tivitias me not conducted on the leased premises. · The lease shall be terminated immediately for any gambling, liquor, prostitution or tax evasion violations occu~ing on the premises. · The lessor of the premises shall provide the lessee access to the licensed premises during any time reasonable and necessary to conduct lawful gambling on the premises and as agreed upon in thi~ lease. · (VVrite In any other cond~ons or re~rictions that will be Included as pert of the lease. Attach additional ehests if necessary) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling nativities. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease must be submitted to the Gambling Control Board within 10 days of the change. Signa~r~ of I~ss~r . _ Date I Sigqature of/m~p~:~lmt;°n ~~~.,e) Dit.' / / _1 _ , ^ - A cody of this base and ske~tch with dimensions must be changes in the lease occur to: submitted vdth the premises permit epplJc~ion renewal or when - Garrbling Contro~ Board 1711 W. County Road B, Suite 300 S Roseville, Minnesota 55113 (;10/28~2) IT, LG202 po/2~2) · Einnesota Lmvful Oamblin§ Lease .agreement Na,,me and Address of Lessor Address .,.,C.i~/Zip.~ Phone · .,~' :~/ Name and Address of Leased Premises Address City 'p Code Name of Organization Leasing the Premises (lessee) License Number, if known The lawful gambling activity which the organization will conduct is (check afl that apply): bingo ~ raffles ~ lmddbwhesls Rent Information (see Rules 7861.0060, Subp 2D) Clase A ·nd C premisee permite: Rent for bingo and all other gambling activities conducted during that bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 for up to 12,000 square feet; and $400 for more than 12,000 square feet. I Rent to be paid per bingo occasion $ I I-~=-Ipull-tabs I----]flpboa~s CIm B end D premlaee permits: Rent for gambling activities not including bingo is a maximum of $1000 per month. Rent to be paid per month Rent may not be based on ". percentage of receipt., profita from lawful gambling, or on the number of participants attending · bingo occa~ion. An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. :: :-:i~i~::Fi ::~::::i.: ~: ~i}~iEi:i-: i~ili:::i:~::i~!~ ::::i'::~i~;i~ ~:~:!.;.:::!~::!i!~iiiii iii!iiii!:iiii!!E~i~iilE-i:i:ii:~i~ii~F:~:i ~:: :.:i.:: !:::.- ~: The area(s) leased within the premises are 2. ~ feet by O'" 0 feet, for a total of[ ¢0 O square feet. 'f g" feet by / ~ feet, for a total of ,F ~, ~'square feet. feet by feet, for · total of square feet. A~ach a sketch which shows the location and dimensions of the leased areas. E · · : , :..... :: -.:;. ::..;:- :.....- :..:: ...: ::: :::.:::-:::':-:-: :.:::::.: :- :: ;:.::: :::::::::::::::::::::::::::::::::::::: :::.;:::::-:;.:::.:: ::::::::::::::::::::::::::::::::::::::::::: ::::: ::::: ::.: :.: :-..:: :.. :.; ::: -:::::;: * :..: % :.:.:: ... ::: .... .. ~,f~ective Dates -- ;-:::~:::~ :::: ::';:.:'~:i!!':::: :': ' ~'::; ::/.i:'i:~ii::;!i!?.!i!i!::::iii!Ei!iC:.i:!i;iiii::i:iii!;:ii!: !:.i;;iiii;!ii!!!iiiii:.::;!!i !;;ili::!:!:i!~;:i:;ii";:.: ii!:!iiii::::-;?.!:::i~i:i:::i:.~:~;!:.!::i'!:i ::":: The lease will go into effect at 12:01 a.m. on /q /,~ ~. f 19 Cy' , and will end at 12:00 a.m. on ,~'~ / 19 ~, , for a period of at least one year. ............ Times arid Da~s of Bill~'~vit~ :i!ii'(If ~n'e;::~icate'WA)':.:!~;i;ii:!;i~]--i The bingo occasions will be held (a maximum of 7 bingo occasions per organization): trom (hours). (a.m./p.m.) ~o from (hours). (a.m./p.m.) to from (hours). (a.m./p.m.) to from (hours). (a.m./p.m.) to from (hours) (a.m./p.m.) to from (hours). (a.m./p.m.) to (a.m./p.m.) on (days of week) (a.mJp.rn.) on (days of week) (a.m./p.m.) on (days of week) -(a.m./p.m.) on (days of week) (a.m./p.m.) on (days of week) (a.m./p.m.) on (days of week) 1.1 2727 COLUMBIA HEIGHTS LIONS CLUB GAMBLING WALLAB¥S PAY ORDER 500'" 55 ;~ 5n' CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 CITY MANAGER'S APPROVAL ITEM: GAMBLING LICENSE REQUEST - WORLD BY: PAT HENTGES BY: "~.~,~~ ASSOCIATION OF THE ALCOHOL BEVERAGE DATE: 6-9-94 DATE:% INDUSTRIES, INC., MINNESOTA CHAPTER NO: 9 I Attached is a letter from Reba Whiteoak, Manager of Minnesota World Association of Alcohol Beverage Industries, Inc., seeking reconsideration our authorization to conduct gambling activities consisting of pull-tabs at Box Seat Sports Bar & Grill, 4005 Central Avenue NE. Ms. Whiteoak has also attached information attempting to emphasis the involvement they provide to the Columbia Heights' community. According to Resolution 88-41 (enclosed), the MWAABI organization does not meet the requirements as set forth in Item 3, "The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years." With this in mind, staff did not collect the City's $250 license fee. Based on Resolution 88-41, I am recommending the City forward a letter to the State Gambling Board indicating denial of their application. As a point of information, the City does allow gambling exemptions for organizations in existence in Columbia Heights less than one year, but this exemption would be limited to one single event. RECOMMENDED MOTION: Move to direct the City Manager to advise the Minnesota Charitable Gambling Control Board that the City is denying the gambling license request to World Association of the Alcohol Beverage Industries, Inc., Minnesota Chapter, for gambling activities at Box Seat Sports Bar & Grill, 4005 Central Avenue NE, Columbia Heights. COUNCIL ACTION: RESOLUTION NO. 88- 4! BEINg A RESOLUTION AUTHORIZIHg CERTAIN CHARIT~LK GAM~LIHg BE IT RESOLVED by the City of Colunbia Heishts that sanbl~n$, as described ~n H~nnesota Statute 326 shall be prohibited ~n all bars and liquor establish- Bents within the City which are licensed pursuant to Section 5.501, 5.503, 5.$04, 5.505, 5.506, or 5.507 of the City Code unlesss 1. The organizationvish~ng'to gamble obtains the petuissAonof the H~esota Charitable GanblLug Control Board; 2. The organization wishing to ganble obtains the peEBissAon of S. he Council of the City of Columbia Heights; 3. The organization wishing to ganble has been in eListence Lu Columbia Heights for not less ~ ten years; The organization washing to-$anble As a bona fade club; The organization wishing to ganble does not pay the proprietor of the licensed premises a rental or lease payment in excess of the lesser of $400 per month, or the amount authorized by the State Charitable Gambling Control Board for Class A and Class B 1Acenses. Ho other remuneration shall be paid to the proprietor for permitting the ganbling activity or device to be located on the IAcensed premises. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class & and Class B lAcenses and $25 for Class C and Class O licenses. License fees shall not prorated or refundable. NOV, THEILEFOILE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 86-11. Passed the 9th day of Nay, 1988. Offered By: CarJson Seconded Byz Peterson Roll Calls All ayes retary Dale V. Hadtrath, Ifayor WORLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRIES, INC. Ill.~'i III III gJ&lll t%' i tll MINNESOTA CHAPTER TO WHOM IT MAY CONCERN: The World Association of the Alcohol Beverage Industries (WAABI) has been in existence for 50 years and is dedicated to improving our c~,,~unities, our industry and ourselves. The Minnesota Chapter of WAABI was formed 46 years ago and devoted much time and effort to bring prestige to the beverage alcohol industry through participation in civic affairs. WAABI members perform thousands of hours each year in service to c~,,,unity im- provement programs. Minnesota WAABI has operated a Charitable Gambling site in Fridley for the past three years. During that time WAABI has sponsored many youth sport activities, c~,,,unity events, and bas dot,ted funds to each school in the Fridley system. If WAABI is successful in opening a Charitable Gambling site in Columbia Heights, it would be our intent to be as involved in Columbia Heights in the same manner. The profits generated from a Columbia Heights site would not be taken out of the area. Attached is a packet of information which explains the National Association of WAABI, the local Chapter and information dealing with donations made in the Columbia Heights area from Charitable Gambling revenue. REBA D. WHITEOAK MINNESOTA WAABI GAMBLING MANAGER Attachments The following organizations/charities have benefited from the revenue generated from the WAABI Charitable Gambling (Pull-tabs) operation at the Shorewood Inn in Fridley: EAST RIVER HOCKEY: $ 2,000.00 - Equi~uent $ 1,000.00 - Team Sponsorships $ 3,000.00 SACA: $ 15,232.70 - Turkeys for Christmas in 1992 and 1993 $ 1,781.07 - Miscellaneous food items for Christmas in 1992 and 1993 $ 5,000.00 Cash for additional needs for the Christmas Food Shelf Programs in 1992 and 1993 According to the SACADirector, 90% of all food shelf assistance is received by residents, of Columbia Heights. $ 22,013.77 SANTA ANONYMOUS: $ 4,000.00 - Toys and gifts for Christmas which were sb~3redwithSACA $ 4,000.00 MADY'SJUNIORBOWLING PROGRAM: $ 1,200.00 - to fund a special program to encourage youth bowling $ 1,200.00 KIWANIS CLUB: WAABI has pledged their financial support in the Fall of 1994 for the Columbia Heights-Fridley Youth Leadership. Institute. If WAABI is successful in opening a new Charitable Gambling operation in Columbia Heights, it will help make possible a new youth programwhereby the youth of Columbia Heights will be given an opportunity to use their creative talents in a constructive and profitable manner. Details and finalization is being worked on by Meg Jones of SACA and WAABI. m ~ m~mmm mmmmm lin The alcohol beverage in- dustry has a stigma with some in society because of the effects alcohol can have on people. To improve their image, volunteering by the alcohol beverage indus- try in local communities has been going on for many years by an organization called WAABI. The chapter in Minnesota is very active in grassroots development to help people in the local area. WAABI (World Association of the Alcohol Beverage Industries, Inc.) is an organi- ration that is celebrating its fiftieth year of providing ser- vice. It's mission, among oth- er statements, is to ~enhance the image of the beverage al- cohol industry" (Industry World February 1994 newsletter). Lynn Rosendahl, credit manager at Griggs, Cooper & Company in St. Paul, has been president of the chapter for one "ONCE a member sees that year. She has h~/she has qones one been member a l~£r to the editor published of WAABI for eleven years it is very easy for him/her and was a tO keep on writing." chairperson of the National Board for two years before becoming presi- dem. Rosendahl said that be- cause of the stigma alcohol companies receive, ~the in- dustry tends to hang our head, but we are trying to get people to shout." Minnesota WAABI is accomplishing this by donating money and time to a variety of programs and voicing their opinions in leg- islative acts. Members are known for being very active in legisla- tion. Telephone call-in to congress persons, as well as letters to the editor, helps de- termine whether alcohol-re- lated bills are passed or not. "Once a member sees that he/she has gotten one letter to the editor published," stat- ed Rosendahl, "it is very easy for him/her to keep on writ- lng." One program that the Minnesota chapter greatly contributes to is the Grand Avenue Rest Home in Minneapolis. The mentally disabled women's home ~re- ceives many donations by WAABI,' the rest home's activities di- rector Nancy Olson stated. The chapter has put on parties during holidays, as well as giving the women things they want to make their lives more comfortable, such as color TVs and patio furniture. This program has been active for 15 to 20 years. Another program the Minnesota WAABI chapter has been active in support- ing is the Sky Ranch Foundation. Sky Ranch for Boys is a ~treat- ment and group care center serving disadvan- taged and delin- quent ~ys~ (s~ Ranch for Boys pam- phleO. The Phillips Beverage co. puts on an auc- tion/ dinner every year where different distributors donate T-shins and' different products displaying their lo- gos to be auctioned off to the people (open to the pub- lic) attending. One hundred dollars is matched for every year that WAABI has been contributing to Sky Ranch and is given to the Foundation by the Minnesota chapter. The Minnesota chapter has been around for 46 of the 50 years of the organiza- tion's existence. Until three },ears ago, th~ world associa- tion was exclusively for women. Rosendahl com- mented that in order for the programs to be successful, there needed to be an unit- ing between the people within each industry as well as with the different areas of the in- dustry them- selves. Because men do play an important role in this industry, WAABI felt it would be more sue- cessfui with everybody participating. Rosendahl gave an estimate that about half of Minnesota's members are male. The Minnesota Chapter has the third largest membership with roughly 245 members in 1930-94 (Industry World February 1994 newsletter). An increase in membership means an in- crease in helping people. The alcohol beverage in- dustry benefits from an or- ganization like WAABI to continue their success. It is gaining recognition as our society is becoming more conscious of the need to come together and work on preserving our future and the earth's future. ~ Page8 V &oltlday 1994 V PROOF INNES WIN... With a Unified Voice WAABI's aggressive ~Letters To The Editor' Campaign has resulted in over 52 million readers being exposed to comments from WAABI members on alcohol-related issues, and millions more being reached through two nationally broadcast TV editorals. Our industry needs a human, caring face at the local level ... and WAABI is that face. WA&BI has made great strides in perfecting its grassroots letter-writing and political contact capacity. WIN ... By Being Involved WAABI has numerous achievements in community volunteer work. Members give countless hours to local and national groups working to improve the communities where we aH live and work. WIN ... By Keeping Informed WAABI members receive the national newsletter Industry World and the local newsletter Minnesota Spirit Mover. Monthly meetings and programs are designed to keep all members informed on issues affecting the industry. Make A Difference! Join Now! Membership Application Name Company Name Address City/State/zip Telephone Dues $13.00 per year ... Make check payable to ~MN WA&BI" and mail the check and membership application to: Phil Howard * Membership Chairman 309 Wayside Road West · Hopkins, MN 55343 Win With WAABI! bl~ Jodi Mo.so. PROOF T ApltgAay 1994 ~ Page9 Minnesota WAABI is Cotntnitted to... Moderation by word and example Licensing of only orderly places of business Strict observation and enforcement of the law Minnesota is a member of WAABI.' participates in grass-roots lobbying; letters, petitions, meeting state leaders. (page 2) WAABI donates time and money to many local charities. Local WAABI wins national award. (page 3) ~o~,~o Sky Ranch for Boys is industry's charity--lst ~~ Hall of Fame dinner and awards. (page 4 & 5) "~',~~,~" of the Orage Industry." (page 6) "PROMOTING GO00 WILL FOR A GOOD INDUSTRY" Schedule for 1992-1993 monthly meetings. (page 7) Excellence With Pride and Unity-- Is The Very Heart of WAABI At least 25% of program time is devoted to industry information in a year. This is attained by the dissemina- tion of facts regarding legislation, social problems, and attitudes concerning the legal .alcohol beverage industry. In turn, an informed member, armed with facts and figures, is encouraged and capable of doing an effec- tive job in the community for the preservation and welfare of the industry. This is accomplished by writing letters to the editors of local newspapers, signing petitions, completing grass roots lobbying efforts by writing to our senators and congressmen on issues that will affect the alcohol industry. Public awareness is one of the prime goals for industry information. WAABI, thru industry information efforts, is committed to providing facts and policy information on the benefits of alcohol use in modera- tion...differences between the proper affects of our industry...the industry's tax burden...industry benefits to society programs addressed to problems arising from abuse (alcoholism, highway safety, drinking by youth, women and alcohol)...new products...historical use of alcohol...cooking with alcohol...role WAABI in shaping the attitudes toward our industry. WAABI is comrnitteed to meeting our lawmakers to address current laws affecting the alcohol industy and to keep updated on proposed new bills that may benefit and or harm us. Members of local chapter attend 1st Induction Ceremony at Sky Ranch Hall of Fame Dinner. ROW 1--J. Landers, J. Mitchell, L. RosendahI-Potter; ROW 2tS. Louks, B. Hubbard, S. Francis; ROW 3~C. Healy, E. Phillips, K. Elhardt; ROW 4~G. Odeil and R. Whiteoak WAABI Members Visit Home of WAABI is com- mitted to Sky Ranch both locally and on a national level. Each chapter holds fund-raisers to donate money to keep the ranch maintained. Sky Ranch is totally supported by the Alcohol Beverage Industry and de- pends on its contributions. What charities do you support? WAABI devotes "Industry Charity" special efforts to Minnesota Chapter Members visit Sky Ranch and their "adopted" Boys help the alcohol ROW 1--Ernie, Judy, Kate, Catherine; ROW 2--Jan, Lynn, Scott; ROW 3--Doug, Joe, Barb, Reba beverage industry's "adopted" charity, Sky Ranch for Boys, which is located in the Black Hills of South Dakota. Sky Ranch serves homeless, troubled and delinquent youth from all parts of America. In addition to financial support, each chapter "adopts" one or more of the kids at Sky Ranch and gives them encouragement through birthday cards, letters and small gifts. Sky Ranch to honor supoorters The first Sky Ranch for Boys Hall of Fame induction ceremony was on a Friday evening at the Holiday Inn Rushmore Plaza Hotel in Rapid City. The ceremony was to honor contri- butors who have helped the ranch for delinquent, aban- doned and abused Edward Phillips visits SKy Ranch for Boys teen-agers. · Durihg the last 31 years, more than 8 million has been raised to build the facility in north- western South Dakota and take care of thousands of teenagers. Most of the funds have been donated by com- panies and indivi- duals connected with the Alcohol Beverage Industry. Among those honored at the ceremony were Barry Berish, William Walker, Chairman of Board of Directors, Bacardi Imports, Inc., helps boys break president and cheif ground for new administratiion building at Sky Ranch executive officier of Jim Beam Brands Co. of Deerfield, Illinois and Edward Phillips, chairman of Phillips Beverage Co., Ivlirmeapolis, Minnesota. Saturday there was a tour of Sky Ranch and a ground breaking ceremony for a new admini- stration building scheduled for construction next spring. It will be the first new building at Sky Ranch in more than a decade and will be the start of a 20 year program to upgrade the facility near Kate Elhardt of Minnesota visits with two of the Sky Ranch boys, Ernie and Joe. Camp Crook. Membership in the WORLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRIES (WAABI) is open to all adult men and women in all tiers and segments of the alcohol beverage industry and to all others who are in accord with the association's objectives. WAABI is a national volunteer network which assists the alcohol beverage industry by reaching their local communities with information on industry programs to combat alcohol abuse and on other issues. WAABI was formed in 1944 as a women's organization but now accepts men and women alike as members on an equal basis. As with most opportunities in life, what a member gets out of WAABI depends largely on how much they put into it. For those who take a serious approach, there are many opportunities to learn new skills, learn more about the beverage industry, learn about organizational structure and management, achieve leadership positions, become involved with rewarding community improvement programs, make valuable professional and personal contacts and lifelong friends. Minnesota WAABI has been in existence since 1948 and for many, many years has been the largest or one of the largest and most successful chapters in the country. The Chapter receives tremendous support from the local industry leaders and has long been recognized as a leading force in being the "public rela- tions arm of the industry." To join the Minnesota WAABI Chapter or to obtain more information, please contact Membership Chairperson BARB HUBBARD, 5801 Fifth Street N.E., Fridley, MN 55432 or call her at 571-1063. You may also use the form below. Membership dues are $13.00 per person per year.., which runs June I through May 31... or $20.00 per year for a husband and wife membership. Membership dues are tax deductible. YES, I would like to become a member of the Minnesota WAABI Chapter... I am enclosing my check, made out to MINNESOTA WAABI, at this time. NAME: ADDRESS: [~ $13.00 per individual or [--] $20.00 for a family membership (Please check one of the above) CITY, STATE, ZIP OR: l--I. Please send me more information about becoming a member of Minnesota WAABI. (USE ABOVE FOR NAME AND ADDRESS OF PERSONS REQUESTING MORE INFORMATION) WAABI is commit- ted to presenting in- formative and en- joyable monthly programs the WAABI chapters devote at least 25 percent of its meeting time to in- dustry information. Our chapter pro- vides opportunities for personal growth and networking with members of the alcohol beverage and related in- dustries. Social and other events at Sandra Wolfe, current Minnesota President, conducts monthly meetings for which funds are rais- ed to support our charities are hosted members. by WAABI. 1992-1993 Calendar of Programs September 15--Kick Off Meeting and Membership Drive--International Institute 7-9 p.m. October 27th--Meeting at Holiday Expo--MLBA--Trade Show--WAABI sponsors Booth #000. November--Legislation program: meet state representative and discuss laws affecting our industry. November 28th--Holiday Gala (formerly Holly Ball) WAABI hosts dinner, dance, fundraiser for all tier of alcohol beverage industry. January--Wine tasting presented by Marion Dauner. February--Program at Como Zoo. Three WAABI members contribute many hours working on fundraisers for the zoo. March--Fundraiser for National Charity, Sky Ranch for Boys--Sky Ranch Month. April--White Elephant Auction (monies donated to local charities). May--Installation of new officers--charity give-away. ,,15:~!:1~i£NI oIgBfld 3Hi NI $1 NOI.LYU3OOH,, 'llYIN SSY'iO ISI:II-I ']SN~S , aoo~ SllaldS 0009 -BOnOll It~lVVM V/OS=INNIIAI tTgLgg eloseuu!lAI ',~alleA eldd¥ enue^¥ uolde^=! JO~,!p::l Jel~.elSMeN 'lleqol]~ ~pnr' Sandra Wolfe, President ................ 7218 Camden Ave. N.//227, Brooklyn Center, MN 55430 Lynn Rosendahl-Potter, First Vice-President 3446 ©wasso St., Shoreview, MN 55126 Cathy Healy, Second Vice-President ...... 530 Lake Summit Court, Shoreview, MN 55126 Jan Landers, Treasurer .................. 7218 Camden Ave. N. #226, Brooklyn Center, MN 55430 Jean Hagberg, Secretary ................ 5881 Second St. N.E., Fridley, MN 55432 Reba Whiteoak, By-Laws Chairperson .... Cathy Healy, Industry Information Chairperson ..... JoAnn Allison, Sky Ranch Chairperson... Kate Elhardt, Community Service Chairperson ....... 1841 Asbury, St. Paul, MN 55113 Barb Hubbard, Membership Chairperson. 5801 Fifth St. N.E., Fridley, MN 55432 Judy Mitchell, Newsletter Editor ......... 13622 Everton Ave., Apple Valley, MN 55124 3547 Fillmore St. N.E., Minneapolis, MN 55418 530 Lake Summit Court, Shoreview, MN 55126 14750 Burnsville Pkwy. #183, Burnsville, MN 55337 Inaustr., World eJ . ~t~e IBu WORLD ASSOClATIOH OF THE ALCOHOL BEVERAGE I~DUSTRIES, Inc. INDUSTRY LEADERS ENDORSE WAABI WAABI Bi A WORD...OR TWO: "RESPONSIVE" William A. Walker - Page 3 "DEDICATED" F. A. Meister - Page 5 "CHARITABLE" M. Jacqueline McCurdy - Page "BEYOND COMPARE" Leonard J. Goldstein - Page 3 "EFFECTIVE" Robert M. Furek - Page 2 "RESPECTED" Owsley Brown II - Page 2 SERVING INDUSTRY AND OUR COMMUNITIES SINCE 19441 A PERSONAL INVITATION TO JOIN By Helen Gatewood, National WAABI President The alcohol beverage industry - a legal, li- censed industry, is under attack at the con- sumer, legislative and media levels. It is being besieged with an onslaught of negative actions with too little activity within the industry to counter-attack. If you or ~, member of your family work in the beverage industry, this is a personal threat. If you occasionally enjoy a drink of beer, wine or liquor and want to pre- serve your right to enjoy this customary relax- ation, this is a personal threat. Through WAABI, you can find a way to protect your interests, while helping your commurtity and improving your professional opportunities. WAABI offers a specific plan which includes public speakers, the placement of letters to the editor on important issues, and most impor- tantly, a rapidly growing army of trained, re- sponsive grassroots lobbyists. Our community service program shows the human face and concerns of our industry to millions who might not otherwise have one-on-one contact with us. Last year alone, WAABI members devoted more than 143,000 hours of personal effort to help a wide range of community service pro- grams! Our new name - World Association of the Alcohol Beverage Industries, Inc. - reflects a new spirit of pride in our industry, a commit- ment to remove the barriers which have pre- vented full participation of men in this organi- zation, and a determination to reach out beyond the U.S. borders for membership. The prob- lems faced by the alcohol beverage industry are (please see "Invitation" on page 3) "LEGENDARY" Barry J. Helfand - Page 6 "IMPORTANT" John B. Burcham - Page 6 "INFLUENTIAL" Scott Louks - Page 4 "VITAL" Robert J. Maxwell - Page 4 "INVOLVED" Walter Gray - Page 4 "PROFESSIONAL" Rodney J. Blucher - Page 2 "VIBRANT" W. Rockwell Wirtz - Page 5 "VALUABLE" Edward Jay Phillips - Page 6 "SUCCESSFUl." William Goldring - Page 4 "CONSCIENTIOUS" Harold Binstein - Page 2 WAABI's Coast-to-Coast Network After nearly 50 years of service to the bever- age alcohol industry and local communities, WAABI has now embarked on an aggressive program of rapid expansiort. At least 4 new chapters are planned by mid-1991 and total membership is expected to grow at least 20%! For the first time, active efforts are underway to bring the proven WAABI program to other nations where the beverage industry is also under attack. You can be part of this growth and gain the many personal and professional benefits WAABI has to offer by joining now! Many companies will pay dues or related expenses for employees willing to devote their personal time to participation in WAABI. Corporate mem- berships are also being solicited to help WAABI expand its grassroots network even faster. When you complete and mail the membership appli- cation on page 7 you will receive information on how to contact your local chapter. If there is no chapter in your area, lots of help is available if you want to start one! WAABI is on the grow. Come grow with us! Conscientious... l have known and worked with the WAABI organization, most especially in Chicago for 40 years. During that time I have found them to be most supportive of every aspect of the beverage alcohol industry. As a matter of fact, ! have never found an association to be so 'conscientious in aiding the beverage alcohol industry as WAABI has been over the years. Based on my experi- ence, our industry is fortunate to have such an effective grassroots organization representing us. My door is always open to WAABI; I have never worked with a freer group of people in a11 my years in our industry, and strongly recom- mend that everyone become a member of this fine organization. With best regards, Harold Binstein President Cold Standard Enterprises Skokie, IL Professional... The Miller Brewing Company and its distributors are proud to be involved with an organization as professional and dedicated as WAABI. Given the various legislation now facing the alcohol beverage industry, more than ever we need the support of the grass roots lobbying network offered by WAABI. Their goal is to convince political leaders, the media and the public that alcohol beverages are legitimate, good products that can and do enhance the lives of millions when used sensibly. Our industry is fortunate to have the support of such a fine group and the Miller Brewing Company will continue to support and applaud their efforts. Sincerely, Rodney J. Blucher Vice President - National Retail Sales Miller Brewing Company Milwaukee, WI UNITY IN ACTION... At a time when unity is more important than ever for the beverage alcohol industry, WAABI has a track record of nearly fifty years providing a forum for dialog and cooperative social and legislative action for members from all levels and branches of the industry. Effective... In reply to your recent letter, I'd like to offer my endorsement of this dedicated organization. As we confront what seems like an endless stream of attacks from outside the beverage alcohol industry, every voice within the industry becomes so important in countering the effects of those attacks. WAABI provides a collective voice that has helped educate people and promote the benefits of this important industry. Our experience with the Greater-Hartford Chapter has shown WAABI to be a most effective, grass-roots organization in support of a variety of industry efforts. We're proud of the Heublein employees who are members of this fmc organization and proud of our association with WAABI. I hope this brief endorsement helps in encouraging more industry people to join WAABI, or at least become more familiar with the organization. I appreciate the opportunity to help. Sincerely, Robert M. Furek President & Chief Executive Officer Heublein, Inc. Farmtngton, CT Respected... I'm delighted to respond to your request for an endorsement of WAABIo WAABI is a tremendous asset to our industry in their collection and dissemination of industry information, as well as the opportunity they present to the membership for personal growth and professional development. They enhance our./ndustry's reputation through their community support and fundraising at both the local and national levels, and by their involvement in civic and community affairs. Finally, WAABI is a respected industry voice, speaking out on issues of importance to us all. I strongly encourage membership in this very worthwhile organization. Sincerely, Owsley Brown H Chairman & Chief Executive Officer Brown-Forman Beverage Co. INDUSTRY WORLD Published by WAABI World Association of the Alcohol Beverage Industries, Inc. 12§0 Eye St., NW ~F~O0 Washington, DC 20005 Editor ..................... Duncan H. Cameron President ..................... Helen Gatewood 1st Vice President ................ Terry Martin 2nd Vice President ...... Peggy Donovan 3rd Vice President ....... Kathryn Maddox Secretary ....................... Sharon Sekerok Treasurer .......................... Kay Hernandiz Members-At-Large: Eastern .......................... Rosalie Draper Mldwestern ....................Barb Hubbard South/Southwestern .......... Donna Tatz Western .............................. Barb Wedig Immediate Past President ..................... Lois McKee Send news and photos to: INDUSTRY WORLD c/o Cameron Communications, P.O. Box 16663 · Arlington, VA 22215 Responsive... I want to add my words to those we've received for the special issue of Industry World. Two of the most important things about WAABI are that it is quickly responsive to industry needs and it is effective in addressing those needs. One recent event illustrates both qualities. During the BATF comment period on warning label temporary regulations, WAABI. with only 1600 members, generated 2400 letters supporting the regulations. That is a remarkable feat in itself. But when you realize that those 2400 letters totalled almost 20% of all the comments generated by the entire beverage alcohol industry, the effectiveness of WAABI is clearly (Invitation continued from page 1) not problems of gender or locale. They present great challenges to women and men the world over. The same global threats of incremental prohibition through tax abuse, excessive re- strictions and distorted education face us all. WAABI's function is now - as it always has been - to provide a dynamic support group for all segments of the industry. Each chapter conducts extensive industry in- formation and other programming to improve the professional skills and knowledge of our members. Our Speakers Bureau program offers members opportunities to tell the industry's story to a wide range of community groups, while building their own skills and self-esteem. Our Letters to the Editor program, and fre- quent calls for letters to government agencies, helps all industry members participate in the solution of our common problems. WAABI members take special pride in their active support of Sky Ranch, a 3,000 acre reha- bilitation facility for troubled young people from all parts of America. Since the early Sixties, Sky Ranch has been supported almost exclusively by the alcohol beverage industry. WAABI has always played an important role in that support. Please take advantage of this special invitation to join with thousands of others who are learn- ing first hand how WAABI can improve their industry, their communities and their careers. I urge you to complete the membership applica- tion on page 7, or at least pass this along to someone who can benefit from what WAABI has to offer. demonstrated. In the face of WAAB['s contributions to the industry, it is a shame that it receives so little support from the industry. WAABI needs more chapters, more members in the chapters it has, and more funds with which to support our causes. The chief executive officers of our industry can solve all of these problems in short order, and I hope they will see the need and give WA/X. BI the kind of quick, effective support that WAABI gives to us. Sincerely, William A. Walker Vice Chairman Bacardi Imports, Inc. Miami, FL Beyond Compare... Today, we have a very active and very vocal anti-alcohol force in place - they are well financed, well organized and politically savvy. This neo-prohibitionist movement includes prominent politicians at every level of government, officials in the department of health and human services, church leaders, noted educators and CEO's of large corporations. One of the more recent and drastic directions this movement has taken in an effort to justify Their push towards increased restrictions on advertising, hours of sale. labeling. places of sale and promotion of our products is in the linking of alcohol with illegal drugs. Beer has even been referred to by some congressmen as the "gateway" drug. All of this activity threatens to affect the lives of the millions who choose to sensibly consume beverage alcohol and those of us who produce and promote it. Miller Brewing Company is proud to be affiliated with the WAABI VOICE OF THE PEOPLE. When ill- conceived legislative proposals threaten the careers of people who work in the beverage industry, WAABI members learn quickly of the danger through their communications net- work and respond with letters and other actions. In the past 4 years, WAABI members have also had great success in having "letters to the edi- tor'' published by major newspapers. At least 55 letters have been published, reaching a combined total of approximately 25 million readers. 'lhanI~,grou! The members and officers of WAAB! gratefully acknowledge the very important assistance of Bacardi Imports, Inc. and of Mr. William Walker, Vice- Chairman of Bacardi's Board, in helping us to assemble and publish this special issue of Industry WorM. organization and will continue to support their dedicated efforts to educate the public on the benefits and pleasures of responsibly consuming beverage alcohol. The professionalism and dedication of this fine group of men and women who support our industry is beyond compare. Sincerely, Leonard J. Goldstein President & Chief Executive Officer Miller Brewing Company Milwaukee, WI Vital... I would like to take this opportunity to express my appreciation to the men and women who are members of WAABI and to thank them for the work they do. I have witnessed firsthand the contributions that WAABI chapters have made in supporting organizations like Sky Ranch. This support enables Sky Ranch to carry on the much needed work it does in helping troubled young people. Local chapters also support, with time and money, local organizations dedicated to improving the community they live in. WAABI members can look with pride at the work they do. WAABI also plays a vital role in educating our local and national government officials on the valuable economic contributions made by the alcohol beverage industry and on the need for sane and reasonable regulation of the industry. Time and time again WAABI members have responded to a call for public comment from federal regulatory agencies. WAABI members have Influential... Over the 17 years I have been at Sky Ranch for Boys, the WAABIs have ALWAYS maintained a very strong and a very supportive relationship with us and the boys. The WAABIs have MANY MANY times made the difference of whether or not a boy had a present for Christmas, a card for his birthday, or a sweater when it was cold. In addition, the WAABIs over the years have raised thousands upon thousands of dollars to help us with expenses for vehicles. scholarships and equipment for arts/ crafts and athletics without which we could not have provided very worthwhile and needed activities. There has never been a time that a WAABI individually or as a chapter member has ever refused to help us with a need when they have been asked--and many times they have called upon our government officials to issue reasonable regulations. In each of the rulemakings WAABI members have made a difference. In still another area, WAABI members have stood for the responsible use of alcohol beverages. WAABI has effectively encouraged educational programs dealing with the moderate use of the products. Finally, WAABI membership is fun. I can say that with authority because I am a WAABI member. Not only am ! a WAABI member, but ! proudly serve as an officer of the Metropolitan D.C. chapter. I wish WA&BI members the best of luck in the year ahead and I hope that chapters all over the United States have a successful recruitment drive. Sincerely, Robert J. Maxwell President National Association of Beverage Importers, Inc. Washington, DC not even been asked but have been perceptive and realized the need. In WAABI's relationship to the industry, I see it as a tremendously valuable and influential adjunct. The members of WAABI are able to devote the time and energy needed to sustain grass-roots efforts, assist in publicizing the many charitable deeds of the industry, and in fact to support the business operations as professionals and para-professionals. I see WAABI as becoming a viable, integral portion of the industry. Sincerely, Scott Louks Executive Director Sky Ranch for Boys Sky Ranch, SD Involved... The alcohol beverage industry is, in the words of one perceptive Texas political leader, "at war." As he put it: "It is a war of perception and you in the industry are going to have to get out there and take on the anti- alcohol movement. If you get out and sell your story, things will turn out fine for you, because the people of the industry do many good things that the public never hears about." WAABI has for decades been involved in local, state and national affairs to the benefit of the entire alcohol beverage industry, and it is critical that this industry auxiliary receive the support that it needs and deserves in order to continue with its positive programs. Ironically, WAABI was founded with the full support and encouragement of foresighted industry leaders, who knew by experience in their daily lives in the post-Prohibition days of yesteryear, that this industry needed desperately to have an auxiliary that could by words and good deeds help counteract the dangerous threat of negative public opinion. That need is as strong today as it was when WAABI was founded; the anti-alcohol movement Is without scruples in today's vicious effort to poison the wells of public opinion. Sincerely; Walter Gray Publisher Texas Beverage News Fort Worth, TX Successful... Congratulations to WAABI on their new name (World Association of the Alcohol Beverage Industries, Inc.). WAABIs have always been successful in supporting our industry and we look forward to their continued support. Sincerely, William Goldring President Magnolia Marketing Company New Orleans, LA GETTING THE BIG PICTURE... WAABI members have many special opportunities to leam more about the industry and how their jobs fit into the licensed system of alcohol beverage production, distribution and sale. Here, members enjoy a V.I.P. guided tour of the Seagram Museum in Waterloo, Ontario. The visit of WAABIs from the U.S. sparked the interest of employees at the Seagram facility who soon began working on e:~tablishing their own WAABI chaptcr- the first outside the United States! Dedicated... As WAABI begins its membership drive, I wanted to add my personal endorsement of the benefits of belonging to this important organization. Time and time again, WAABI has proven its dedication to enhancing the image of the beverage alcohol industry and to advancing the professional growth of its members. We at DISCUS are impressed with WAABI's ability to make its voice heard and its potential for influencing public policy. I encourage all industry people to join and become active in WAABI. After all, the stronger WAABI becomes, the better for all of us. Sincerely, F. A. Meister President & Chief Executive Officer Distilled Spirits Council of the United States, Inc. Washington, DC Vibrant... The WAABI organization has become most vibrant in the changing climate we all face; tlheir voice is being heard. Their dedication to furthering the positive public image of our industry is evident by their grassroots lobbying efforts and, in particular, their Letters to the Editor campaign which has resulted in their letters being printed in major newspapers across the country. The efforts put forth by the WAABI organization are required more than ever, and I strongly support an all- out industry campaign to join forces with this much needed, but little recognized organization. Sincerely, W. Rockwell Wirtz Vice President Judge & Dolph, Ltd. Chicago, IL Charitable... Thank you for the opportunity to express my views and appreciation for the work WAABI has done throughout the years. I first met the WAABI group in the sixties in Maryland when l was an attorney for the Maryland State Licensed Beverage Association. My good experience with them at that time in the area of charitable endeavors and legislative actions has continued throughout the years. In fact, over the years as industry problems have gotten worse, WAABI's reaction to them has gotten better. There has never been a time when called upon that WAABI didn't respond and become a great "liquor lobby" for the industry. At a time when the anti-alcohol forces are becoming stronger and more vocal we should thank our lucky stars that there is a group who will not only speak and write for the industry, but through their charitable efforts show why we are proud to be in the beverage alcohol business. With best personal regards, M. Jacqueline McCurdy Vice President, State & Industry Relations Joseph E. Seagram & Sons, Inc. New York, NY THE WAABI CREDO Though WAABI has undergone many changes throughout its history, three essential concepts have always stood as the guiding principles of the organization and its activities. These are known as the WAABI Credo. · Moderation by word and example. · Licensing of only orderly places of business. · Strict observance and enforcement of the law. Legendary... Important... I was pleased to learn that WAABI has decided to form a new chapter of its organization here in Southern .California, a pivotal market for the beverage alcohol industry. We at Bohemian are well acquainted with the organization as evidenced by the early signing on as members of many of our employees, female or male and hourly as well as managerial. You will find a solid representation of Bohemian Distributing Company upon reviewing the rolls of the new chapter. We understand the usefulness of the organization and welcome this new chapter which, we hope, will enable our industry in Southern California to focus on the many issues which we now are confronted with and undoubtedly shall continue to be confronted with in the future. We know the value of the membership's ability to network at all levels to form a basic grass root support group to assist in the education and edification of people in many areas related to our industry which too often is misunderstood and misjudged. We are also well acquainted with the legendary generosity of the organization in supporting many worthwhile endeavors within the community and its support of Sky Ranch. You have my best wishes for the success of your new chapter which is so badly needed in our community. Very truly yours, Barry J. Helfand President & Chief Executive Officer Bohemian Distributing Company North Hollywood, CA I am grateful for this opportunity to express a public 'thank you' for the excellent record of the WAABIs and to make a plea to all men and women in the alcohol beverage industry regarding the importance of WAABIs to the industry. I urge all men and women in the alcohol beverage industry to give serious consideration to becoming active members of WAABI. It can make you a more productive employee to your company. It can give you a new and bigger perspective that will make your work more interesting and more meaningful. Though the WAABIs have been very effective for many years, the potential has hardly been scratched. More and bigger WAABI organizations Valuable... I would like to wholeheartedly offer my endorsement of WAABI and the women and men who are a part of this organization. WAABI's main goal is to promote good will for our industry and they have become the industry's grassroots network. WAABI is also effective through community involvement, personal and professional growth of its members, and support of Sky Ranch. WAABI represents all segments, all could be just what the doctor ordered to counter the effectively organized anti-alcohol groups that are trying to eliminate all alcohol beverages anlt are effectively confusing any use of alcohol with illegal drugs. I am sure that all industry associations wish the WAABIs every possible success as you try to build membership to face these critical challenges. We offer whatever support we can give as we face these challenges together. Sincerely, John B. Burcham, Jr. Executive Director National Liquor Stores Association, Inc. Bethesda, MD branches and all positions within our industry and is 'a valuable asset and one that will continue to grow. I encourage membership in WAABI for it is a vehicle for all members of our industry to "join hands' and work together to make a great industry even greater. Sincerely, Edward Jay phillips Chairman & Chief Executive Officer PNi1HIIS Beverage Company Minneapolis, MN A Short History of WAABI In April, 1944, twelve women prominent in the beverage alcohol industry met informally with Helen Sprackling, director of the Women's Division of Allied Liquor Industries, (a predecessor of today's Distilled Spirits Council) at her office in New York City. Their purpose was to discuss the possibilities of organizing a group of women within the alcohol beverage industry to promote a better understanding by the public of the place which the industry occupies in American social structure and economic life. The original twelve and approximately ten others a~tended a second meeting in June, i 944. All were vitally interested in the preservation of a legal alcohol beverage indastry, and all wished to form an association that could serve this purpose. The first unit, then called "Women's Association of the Alcoholic Industry", was formally organized in New York City with the election of Helen Sprackling as chairman. In 1946. the name was changed to Women's Association of Allied Beverage Industry. In 1950, to define the full extent of the organization, the name was changed again to "National Women's Association of Allied Beverage Industries, Inc." At its Annual Convention in July, 1990. WAABI members voted to retain the WAABI acronym, but change its meaning to "World Association of the Alcohol Beverage Industries, Inc." TAKING CARE OF BUSINESS... At chapter meetings, Regional Conferences, and the Annual Convention, WAABI members sharpen their leadership skills, political savy, and knowledge of their industry. No other beverage industry organization offers as many opportu- nities as WAAB1 does for personal growth, community service and involvement in critical industry battles. WAABI MEMBERSHIP APPLICATION NOTE: WAABI encourages all members to become active in their local chapter. Once you complete this application, we will notify the nearest chapter to you so that they may provide you with additional information on their activities and invite your participation. Name Home Address City Business Name State Zip Description ( Brewer. Distiller, Wholesaler, etc.) Business Address Ci.ty State Home Phone Business Phone Zip Occupation/Title TYPE OF MEMBERSHIP Individual Annual National Dues Individual $25 Chapter Dues Corporate Under l0 Employees $100 I 1 - 50 Employees $150 51 - 150 Employees $500 151 - 300 Employees $750 Over 300 Employees $1,000 Corporate __ Ainount Enclosed (Make Check payable to: WAABI] $__ Please Return This Form With Your Check To: WAABI Headquarters 1250 Eye Street, N.W.,//900 Washington, DC 20005 (202) 628-3544 Or to your local chapter address if shown here: These Beverage Industry Leaders (and others) Think You Sheuld Join WAABI. Look Inside to Find Out Why! Owsley Brown II Brown-Forman Beverage Co. Robert J. Maxwell NABI Robert M. Furek Heublein, Inc. M. Jacqueline McCurdy Joseph E. Seagram & Sons, Inc. Leonard J. Goldstein Miller Brewing Co. William A. Walker Bacardi Imports, Inc. F. A. Meister DISCUS Rodney J. Blucher Miller Brewing Co. INDUSTRY WORLD WAABI 1250 Eye St. NW, #900 Washington, DC 20005 NOTIFY ABOVE IMMEDIATELY OF CHANGE IN NAME OR ADDRESS CITY COUNCIL LETTER Meeting of: June 13, 1994 AGENDA SECTION: New Business ORIGINATING DEPT.: CITY MANAGER NO: 9 Building Inspections APPROVAL ITEM: Change Orders at Library BY: Joe Voels BY: NO: ~-~ DATE: June 10, 1994 The following are the proposed prices for revisions to the new elevator addition and restroom revision at the Columbia Heights Library: Install suspended ceiling in restroom (Similar in style as soffit into large room behind elevator - 2'x2' with l'xl' reveal pattern) Labor $400.00 Material 95.00 Drop existing sprinkler head 75.00 $470.00 Haymaker Overhead Haymaker Profit 57.00 63.00 Electrical lighting in bathroom: Furnish & install one 8 foot fixture with diffuser and four @ 4 foot lamps, one 2x2 lay-in fixture, pipe and wire located in new restroom in lower level. 315.00 Electrical - change float switch Change float switch to obtain power from existing lighting in large room by sump pumps to feed Note 18 (on Sheet E-1 as revised - red trouble light). 125.00 Construct box around sump pump No Charge TOTAL For this Change Order: $1,030.00 RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an add-on change order with Haymaker Construction in the amount of $1,030.00 to install a suspended ceiling with two banks of lighting in the new bathroom; wire the new trouble (alarm) light for the sump pumps into a separate circuit than the sumps; construct a removable plywood box around the electrical outlets and piping at the sumps. COUNCIL ACTION: 06-10-1994 05:32AM HAYMAKER CONSTRUCTION P.02 HAYMAKER CONSTRUCTION, INC. Sunc 10, 1994 Mr. Joe Voels City of Columbia Heights 5.90 40th Avenue Columbia Heights, Minnesota 55421 RE: New Elevator Addition & Toilet Room Revisions The following reviezed proposed price is submitted for your use per our phone conversation yesterday. If the following is not your understanding, please let me know. Install suspended ceiling in restroom Labor- Material - Drop existing sprinkler head Haymaker Overhead Haymaker Profit Electrical - lighting in restroom - Change float switch Construct box around sump pump Total 300.00' 95.00 470.00 57.00 63.00 315.00 125.00 $1,030.00 Respectfully submitted, Douglas Project Manager CHCL(}2.WPS6:29 ,AM 2201West River Ro~d North Minneapolis, MN 55411 612-$~.2-2200 F~x# $22-2728 TOTAL P.02 11:31 Electrical Contractors, Inc. TEL.'e812 8?8 2102 PO 1 =Ci 15343 Curtis Ave NW ;[ 1'.: W;I.~K[:NTHIEN, ESTIMATOR :.,~, ri',0- 40th Ave. NE ELECTRICAL CONTRACTORS:!NC. ,Delores Wermerskirchen, Monticello,. = MN._: 5536Lm/~lm[ll.lndultriaI.Govarnmental.lr,,tfl~t,o,aI DBE/TGB Cen~ied 334-8999 t~ax .?-~,*~[,,,uz,,c~[ Columbls Heights, MN. ":~ w~Ll furnish and install (1) 8' fixture with diffuser ~:'~d ~4) 4' lamp~, (1) 2x2 lay-in fixture, pipe and wire I,.,~:~%ed in Rest Room in lower level. ADD' $ 315.00 ~':~r,n:~n float sw~tch, power from existing lighting in larq,, ~um by ~ump pumps to feed Note 18, Red Trouble Light. ADD $ 125.00 We- ProP°~ Acceplanc~ of Proposal · ..IL,,.. I' .1~ ,,,I '..l',,I'1, il~'ll Idlllll,l.llllllll II'hlllll, lllflitlllllllmlllfl{|l~l CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER JUNE 10, 1994 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF JUNE 13 1994 1) OPERATIONAL REPORTS Attached are operational reports from various Department Heads indicating significant items undertaken or accomplished for the month of May. 2) SHARED RIDE REPORT See attached Share Ride Report through April, 1994. 3) CITY FORESTER POSITION Be advised that it is a part of the job description for the Public Works Superintendent to act as City Forester. Considering that the Superintendent, Lauren McClanahan, has proper education and certificates to fulfill the duties of that position, I have appointed Mr. McClanahan to be recognized as City Forester. These are big shoes to fill, but I believe Lauren is up to the task. 4) TRAILER/BUS INSURANCE LIABILITY You previously received a copy of a memorandum from Finance Director Elrite as a follow-up to City Council questions regarding trailer/bus liability. I believe that this item should be independently reviewed at a future work session, and I have scheduled the matter for discussion on June 20. 5) 1994 PARK TOUR RECAP Attached please find information from Recreation Director Casey regarding the 1994 Park Tour Results. These items to some extent have been incorporated into the 1995 and beyond Capital budget for the parks. This I believe needs further study and will likely be the subject of discussion at a future Joint Park and Recreation Board/City Council meeting. 6) 1994 LOCAL ELECTIONS Recent legislative changes with the uniform local elections legislation will add the effect of changing the primary date to the Tuesday after the second Monday in September. This change will not be effective until after next year's primary election date of September 26, 1995. The general election will be on November 7, 1995. It appears that the law change may in the future also change the following dates for the local office filing of July 5, 1994, through August 15, 1994. Cities also have the option to move local elections to even numbered years, but must follow a transition schedule to select by lot those whose terms will expire in three and five years. After that date, cities changing the date of elections to even numbered years must adopt a plan to have half the council members expire in three years and half in five years. Based upon the staff hours associated with and the hard costs expended with odd-numbered year elections, it may be prudent to further examine the change. I will schedule further discussion on this matter at a near future work session. 7) DOWN PAYMENT ASSISTANCE GRANT Be advised that our application to the Federal Home Loan Bank-DesMoines for $30,000 of downpayment assistance for the Sheffield neighborhood was not funded. Of the 24 applications funded (out of 75 applications received), all had an average of 80% benefit to very low income. Columbia Heights' application did not fare well with only 20% benefit to very low income families. I believe this program should be reapplied for in the fall, but perhaps focus city-wide, thereby creating a wider range of home purchase opportunities in the low market value range. 8) SACCC COMMUNITY VALUES TOWN MEETING Attached please find information on the June 23, 1994, 7:00 p.m. town meeting to present further discussion on the final development and priority rating of values. Even if you did not participate in the first few steps of the process, you are urged to attend and participate in this town meeting forum 9) SHERIFF WILKINSON MEETING ATTENDANCE Be advised that Sheriff Wilkinson would like to address the City Council on the Monday, July 25, 1994, 7:00 p.m. regular Council meeting. If the City Council has questions or specific concerns, Sheriff Wilkinson requested that he be advised so that he can provide support information or bring appropriate staff members along as an additional resource. lO) MHFA MORTGAGE PROGRAM As of June, 1994, it appears that the 1993 MHFA Mortgage Program could reach $1.6 million in mortgage placements, accounting for 23 homes. The City's original allocation was $911,868, with the additional funding coming from the cities which did not use the funds. As you recall, the City requested $2 million this year, but was only awarded $849,510. There was some concern if we could place that near the $2 million dollars worth of mortgages. 11) COLUMBIA HEIGHTS BUSINESS CENTER Be advised that I met with Joseph Zadain and Gordon Awsumb regarding the tax delinquencies and development agreement disputes on the Columbia Heights Business Center. They are in the process of finalizing a proposal to the City, and Mr. Zadain would like to arrange a meeting at a future work session and appear personally to discuss the proposal. I have tentatively identified Tuesday, July 5, 1994, at 7:00 p.m or July 12 or July 19th. If alternatively one other night during July works, please advise me. 12) PREVIOUS COMPLAINTS Individual councilmembers have filed various property' owner complaints with the City Manager and other department heads. I am in the process of compiling a status report or list of the disposition of those complaints. You will receive the status report in your council box during the week of June 13. 13) HUMANITARIAN OF THE YEAR AWARD Be advised that the Human Services Commission has identified a Humanitarian of the Year Award. Based upon the timing, they would like to announce the candidate but delay the reception and presentation until the June 27 regular City Council meeting. 14) HUMAN SERVICES REQUEST ON CDBG PROGRAM Attached please find correspondence from the HRA and Human Services Commission regarding their involvement in the public service funding aspect of the CDBG Program. Essentially, they request their participation in the review and recommendation for the 1995 allocation. SECTION 8 INSPECTIONS Be advised that we have successfully transferred all Section 8 qualifying inspections to the Fire Department. Previously, this activity was done by the Assistant City Building Inspector under an agreement between the City and the HRA. As the Council recalls, both the Housing Rehabilitation Inspection and the Section 8 Inspection was previously done by a former employee and caused the vacancy within the HRA. The Assistant City Building Inspector will continue to perform all of the housing rehabilitation inspections and work plan activity for the HRA and will possibly have a significant role in housing rehabilitation activities in Sheffield. 16) LIBRARY ADA PROJECTS Be advised that the project at the library is back on track and should be completed towards the end of the week of June 20th. We have submitted a claim to the surety for carpet damage done by the previous contractor. Additionally, we have had problems with the "finish level" that were not clearly detailed in the plan. cb 94/59 CITY OF COLUMBIA HEIGHTS DATE: JUNE 8, 1994 TO: FROM: RE: PATRICK HENTGES CITY MANAGER ~) ~e/ WILLIAM ELRITE FINANCE DIRECTOR OPERATIONAL REPORT MAY 1994 DEPARTMENTAL GOALS: 1993 AUDIT The 1993 audit has been completed and distributed to the City Council. The City Council will meet with staff and the auditor to review the audit on May 20th. 1995 BUDGET Departments have turned in their budget requests for 1995. The City Manager has held preliminary meetings with the departments to review their budgets. From these reviews, the City Manager will be working with and instructing the Finance Director on cuts and changes to make for the final budget document. Once these changes are completed, the budgets will again be reviewed with the various departments heads before submission to the City Council. ISSUES AND PROBLEMS: FINANCE DEPT. STAFFING There are currently two vacancies in the Finance Department. The first vacancy is a part- time Accounting Clerk, and the second is a full-time Utility Accounting Clerk I. With these vacancies, the Finance Department is operating under significant hardship and, subsequently, some items are being processed on a slightly slower basis than normal. However, I do not anticipate any significant problems or deficiencies. Operational Report June 6, 1994 Page Two SIGNIFICANT HAPPENINGS GFOA CONFERENCE This year, the Government Finance Officers' Association held their national conference in Minneapolis. There are approximately 4,000 attendees at the conference. Because of this volume of attendees, the conference is centered around major training and educational subjects. This training ranges from budget preparation to budget theory, through accounting changes, updates and the final audit reporting process. Because the conference was local, we have had more key staff involved in the training sessions. This is an excellent educational opportunity for staff and a chance to meet counterparts from other cities throughout the United States and Canada. Based on this, we anticipate that the educational experience will be very beneficial. The actual dates of the conference are Sunday, June 5th, through Wednesday, June 8th. WE:dn 9406069 COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Mayor and City Council Members Leonard M. Olson Operational Report, May, 1994 June 6, 1994 I. Events/Accomplishments Ao The beginning of May started out with a tobacco compliance check program initiated by the Police Department. A letter of explanation quoting state statutes was mailed to every tobacco license holder. About three weeks later, all cigarette and tobacco license holders in Columbia Heights and Hilltop were shopped for compliance. The compliance protocol was developed by the Association for Nonsmokers in Minnesota (ASSIST). The checks were conducted during the day revealing a total of three violations out of 31 licenses. Two of the violations occurred over the counter and one by vending machine. Juveniles with parental permission were utilized in the program. Police personnel involved in the program were impressed with the large number of license holders in compliance. Bo Officers attending and participating in the citywide Open House May 17th were pleased with the public turnout. A quantity of D.A.R.E. and crime prevention material was given to the public. On May 18, Immaculate Conception School hosted their 5th grade D.A.R.E. graduation. The guest speaker was an I.C.C. alumna, Karen Lennox. The ceremony went very well. Our D.A.R.E. officers keep getting better at it. I met with the Sullivan Shores Condo Association on May 19th to discuss specific issues related to their private property. The Association voiced concerns about parking, vandalism, and general police presence on their private road. The discussion went well and misunderstandings were clarified. I participated in the City "Heights Pride" picnic May 21. Anyone who left the picnic hungry had to be dieting. The attendance appeared to be very good for a first annual event. Mayor and City Council Page 2 June 6, 1994 II. Projects/Goals We received a site visit from our contact person at the State of Minnesota Office of Drug Policy and Violence Prevention, which administers our state grant, on May 26. The meeting went well and we are on track for the remainder of the grant time line. Contacts have been made with the federal government regarding the grant that was awarded for two officers. Federal mailings are expected the week of June 6 and hopefully more information will be available for the Council meeting of June 13. C. Crime statistics show a continuing trend of dropping. See enclosed 1993-1994 comparison for the month of May. III. Issues/Problems Ao Driver license checks were made on thc; two taxi operators, Chester Radajewski and Randy Zieman, as per Council request.. Both drivers continue to have no further violations. Officers continue to spend time monitoring speed complaints on 44th Avenue between Central Avenue and Reservoir Boulevard. Officers have tagged few drivers, and indicate that the volume of traffic is heavy. We are looking into using a speed indicator from another agency to do fm'ther follow-up enforcement on 44th Avenue. The speed indicator is a large device that sits on a police vehicle with a built in radar unit and very large numbers that flash "your speed" to the oncoming driver. This device has proven to be an educational tool for the motoring public. 94-155 Attachment 93 MAY CFS 94 COMPARISON 1200 1000 8OO 600 4OO 200 0 GRID 8 GRID 19 HILLTOP ALL OTHER 1993 f~ 1994 1993 - 1705 1994 - 1591 COLUMBIA HEIGHTS PUBLIC LIBRARY 820 - 40Ih AVENUE N. E. COLUMBIA HEIGHTS, MN 55421-2996 PHONE: (612) 782-2805 FAX: (612) 782-2804 II. III. TO: FROM: CITY OF COLUMBIA HEIGHTS Patrick Hentges, City Manager M. Rebecca Loader, Library Director SUBJECT: DATE: May, 1994, operational report June 3, 1994 Significant Accomplishments A. The Friends met on 5/2 with six members present. B. The Board met on 5/3 with all members present. C. May Senior Citizen Filmtime was cancelled due to the construction project. D. Three sessions of storytime on 5/9 and 5/10 had a total attendance of 54 children. Departmental Goals A. The library has three graduating seniors this year: Andy Nawrocki (Columbia Heights High School), Nicole Rocek (Totino-Grace), and Raquel Zamorano (Irondale). Ail three will be continuing their educations at college in the fall. B. Two new pages have been hired: Angela Jorgenson and Tina Kordiak. Their training will start June 20. C. On 5/3 Marsha participated in a writer visit at Highland Elementary and got to have Nancy Carlson autograph the library's copies of her books. D. Mary and the Friends worked at a booth at the City-wide open house on 5/17. The Friends sponsored a mini-paperback booksale and did very well. E. Becky attended a meeting, on serials training. Issues and Problems A. There was a fire in a lighting relay box on 5/7. A temporary repair was mede on 5/10, and a replacement of the damaged contactor was done on 5/24. B. The construction project is proceeding slowly. Substantial completion is promised by 5/7. April Circulation ''LIBGIS 1993 '1994 1993 1994 Adult 6857 g3~0 Reference 2772 2434 Juvenile 5602 '5405 Dir. A 926 494 12459 11735 Dir. B 75 62 Work days 25 25 Work days 25 25 recycl~JcI paper CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: PATRICK HENTGES CITY MANAGER MARK A. WINSON ~ PUBLIC WORKS DIRECTOR/CITY ENGINEER OPERATIONAL REPORT - MAY 1994 JUNE 7, 1994 SIGNIFICANT ACCOMPLISHMENTS General Responded to 80 Gopher State One-Call requests. Compost demonstration site was prepared and placed in operation. Boarded up and secured Sheffield properties as needed. Prepared items for Hennepin County Auction. Safety Committee meeting. Celebration of Heights Pride Day. Trees that were planted last fail were inspected. Seeking quotes for an irrigation system at Lions Park. Parks Tim Lund was hired as a Maintenance I. Slide was taken out of service at LaBelle Park because of vandalism. Razed Hilltop Park building. Removed a washer and dryer from Hart Lake. Mowed Lions Park - This will become a regular activity. Sprayed weeds - Sheffield properties. Sprayed weeds around City Hail. Prepared ballfields for use as needed. Mowed as needed. Picked up trash as needed. Built steps for use at Huset Park flower mound. Conducted safety checks on all playground equipment. Operational Report-May June 7, 1994 Page 2 Streets Swept alleys. Hauled water break spoil to the Salvation Ann Camp. Patched potholes City-wide. Excavated the street at 4000 Washington to find out why the street was undermined. Swept main drags for the third time. Reason - late snow fall. Began preparation of the SW Quadrant for ,seal coat. Hauled sweepings to Gallager's. Cleaned MSC floor. Repaired water break damage at 43rd & Quincy. Swept downtown area. Hauled old blacktop to Midwest Asphalt. Sewer & Water Flushed ail fire hydrants west of Central Ave. Replaced a catch basin on the southwest comer of 43rd & Cenu'al. Removed large concrete blocks from 37th Ave. and 5th St. in conjunction with storm sewer repairs. Installed a sanitary sewer manhole on McLeod near the intersection of Royce and Leander. Repaired stop box at 4110 6th St. Replaced a float at Silver Lake Lift Station. Terry Randall sustained minor injuries in a roll-over accident - #199 was totaled out. Wargo fountain was started. Terry Randall attended a Management Training course. Began the purchase of a pick-up to replace #199 using the State contract. Repaired storm sewer at 52nd Ave. and University Service. Rd. Installed a sump pump drainage basin for the elevator shaft at the Library. Jetted sanitary sewer Central Ave., 43rd to .44th. Repaired yards damaged by water breaks. Installed sewage pump at Chatham Lift Station that had been out for repairs. Jetted sanitary sewer lines that are known to have problems with grease build-up. Repaired stop box at 4444 4th St. Started LaBelle fountain. Repaired filter at Wargo fountain. Started sprinkler system at Wargo Court. Pulled dead blvd. trees and filled in with black dirt and seed. Shut off delinquent water accounts. Operational Report-May June 7, 1994 Page 3 Engineerin~ Continued work on several projects as follows: 1993 Storm Sewer Improvement Project. Mid-block lighting in NW Quadrant. Mid-block alley light - Madison to Monroe, 42nd Ave. to 43rd Ave. Mill Street project. 38th and 39th Avenue project from University Avenue Service Rd. to Jefferson St. 1994 Miscellaneous Concrete. 1994 Overlay project. Railroad crossing on Stinson Blvd. north of 37th Ave. Catch basin stenciling project. Miscellaneous surveys and drafting. GIS utilities. Computer templates. Continued working with City of Fridley on North Corporate Limit storm drainage and Highland Lake Diversion. Continued working with HNTB on LaBelle Pond Water Quality Improvements. MAW:jb 94-345 To: From: Subject: Date: Columbia Heights Fire Department Pat Hentges, City Manager Charles Kewatt, Fire Chief Operation Report June 6, 1994 A. Significant Accomplishments Operation Report May 1994 1. Emergency Medical Calls - 117 2. Fire or Good Intent Calls - 35 3. Classification of Alarms Still Alarms - 141 Company Alarms - 9 General Alarms - 2 4. Total Calls for the Month - 153 5. Other 313 Hours Station-Duty (paid-on-call personnel) 218 Hours Training (all personnel) 15 Hilltop Calls 6. Structure Fires w/Property Loss -- 0 B. Status of Department Goals Inspection Dept Stares Housing Maint Code Inspections: 123 Fire Code Inspections: 23 C. Issues or Problems CWK:cf 94-79 1. No Report. City of Col.mhia Heights Recreation Department TO: FROM: RE: DATE: Patrick Hentges, City Manager "?"~ark S. Casey, Director of Recreatio~ Operational Report, May 1'-31, 1994 June 6, 1994 ae Administration: On May 25, 1994, the Park and Recreation Commission conducted its annual tour of the parks. One of the purposes of the tour is to look at possible 1994 capital improvement projects and update the comprehensive park plan. o The first annual "Columbia Heights Challenge Cup" was held in conjunction with "Celebrate Heights Pride" city- wide picnic on May 21, 19.94. o The Recreation Department staffed a booth along with taking snapshots of children on Public Works equipment at the city-wide open house on May 17, 1994. o $5,900.00 of the needed $6,000.00 has been collected for the 4th of July celebration. A new band, "Larry and the Barn Rockers", will be performing in the bandshell from 7:00 to 10:00 p.m. The band will be more family oriented than last years band, playing songs from the 50's, 60's and 70's and country western. o On June 25, 1994, Lomianki Park will be dedicated. The Sisters Cities committee is planning a brief 1/2 hour ceremony at 11:00 a.m. The ceremony will include speeches bythe invited dignitaries and music provided by the Columbia Heights High School band. ° Bill Hollom's recognition party for his 26 years of service to the Park and Recreation Commission is scheduled for July 27, 1994 in Murzyn Hall. Recreation: The youth baseball/softball programs are under way. House League Baseball (T-Ball, Squirts, PeeWees) has 500 participants; Softball (3/4, 5/6 and 7/8) has 140 participants; Cub Baseball has 61 participants, and Traveling Baseball has 65 participants, bringing the total to 766 participants. Their respective seasons will end late July to early August. Page Two Operational Report - May 1-31, 1994 De o Adult softball season is also well under way. The number of teams are dedicated by space available when balancing the fields with the youth programs. Both the Tuesday and Thursday night leagues are at their maximums. Men's Tuesday "D" has 14 teams; Men's "C" has 6 teams; Thursday Men's "D" has 12 teams;Women's has five (5) teams; Church has six (6) teams; and Co-Ed has 14 teams, for a total of 57 teams. o The Columbia Heights Lions asked if we would help put together a softball tournament at Huset Park during the Jamboree. The tournament will run on June 25 and 26 at Huset #4. The championships will be played at 2:30 p.m. on Sunday, with trophies being awarded to the top finishers. o A free softball and baseball clinic was held in conjunction with "Celebrate Heights Pride" city-wide picnic on May 21, 1994. Over 80 children took part in basic fundamentals and drills along with some fun and games. Seniors: The senior coordinator attended a meeting of the North Suburban Senior Coordinators on May 5th. Plans are under way for a joint senior trip in the fall. o Forty-four (44) seniors participated in a six (6) day trip to Branson on May 9-14. o An open house was held in the senior center on May 17 to celebrate Older Americans Month and Heights Pride Week. Approximately 115 seniors and guests attended. o Twenty-eight (28) seniors participated in a Defensive Driving class on May 19 and 20. o The senior coordinator assisted with setting up and running the 1st annual Challenge Cup at the city-wide picnic on May 21. o Two trips to Chippewa Falls, Wisconsin were held on May 25 and 26. A total of eighty-five (85) seniors participated. Volunteers: "Celebrate Heights Pride" involved nearly 300 volunteers during the month of May. Volunteers assisted the elderly, cleaned parks and ponds, stenciled catch basins, and provided the city with a picnic. The event was designed to encourage community involvement and to celebrate pride in the community. Volunteers are being invited to an appreciation event hosted by the Park and Recreation Commission. Page Three Operational Report - May 1-31, 1994 o Two (2) interns in the recreation department completed their internships. Two-hundred fifty hours were contributed by the interns. o The volunteer coordinator attended the Conference on volunteerism May 4, 5 and 6. Minnesota o Dan Conrad, Hopkins School District, met with the volunteer coordinator and Diane Creese, Youth Coordinator at Columbia Heights High School District 13, to discuss youth service and teen volunteer programs. o The volunteer program participated in the Public Works open house on May 17. John P. Murzyn Hall In 1994, thirty-three (33) out of fifty-two (52) Fridays and forty-nine (49) out of fifty-two (52) Saturdays are booked. In 1995, six (6) out of fifty-two (52) Fridays and thirty-eight (38) out of fifty-two (52) Saturdays are booked. -,4 0 .~ '"~ 0 ~o 8 8 8 8 8 8 o ~ o~ ~o ~, k CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: PATRICK HENTGES CITY MANAGER ENGINEER SUBJECT: CITY FORESTER POSITION DATE: MAY 6, 1994 As part of the job description for the Public Works Superintendent is to act as the City Forester, and considering that the Superintendent, Lauren McClanahan, has the proper education and certificates to fulfill the duties of that position, I am requesting that Lauren McClanahan be recognized as the City Forester. MAW:jb 94-285 CITY OF COLUMBIA HEIGHTS DATE: JUNE 1, 1994 ~rr. TO: FROM: RE: PAT HENTGES CITY MANAGER WILLIAM ELRITE FINANCE DIRECTOR TRAILER/BUS INSURANCE LIABILITY Attached is the memo I wrote to you on May 20th regarding trailer insurance coverage. No one has been able to find any documentation on who actually purchased the initial City float and/or if it was donated to the City, or at some point the City assumed ownership. In the last ten years or longer the City has paid all expenses on the float. In addition, the float is currently registered and licensed in the City's name. By virtue of this, I am assuming that the City owns the float. If it is the desire of the City Council not to own the float, they should take formal action to turn it over to some other entity. In the area of liability, the City is assuming a fairly significant liability in towing trailers owned by other entities as the towing vehicle is the primary source of liability. Another area of high liability in the City is the City bus. The City bus is used by various entities and driven by drivers who in some cases have minimal qualifications to operate this type of vehicle. Another area of liability is the vehicle that was donated to the City by the Boosters. This vehicle is used primarily by the Boosters and the City has little if any control over who drives the vehicle. The purpose of this memo is to simply point out that the City is undertaking a significant amount of liability in these areas. However, as virtually all of these areas provide an important, worthwhile public purpose, it should be decided by the City Council as to whether or not the value of this public purpose offsets the liability exposure to the City. If you would like additional information on this, please let me know. WE:dn 9406014 Attachment: Memo of 5/20/94 CITY OF COLUMBIA HEIGHTS DATE: MAY 20, 1994 TO: PAT HENTGES CITY MANAGER FROM: RE: WILLIAM ELRITE FINANCE DIRECTOR TRAILER INSURANCE COVERAGE As a follow-up to our conversation, I checked with the City's insurance agency regarding insurance coverage on trailers being towed. The liability coverage on the towing vehicle also covers whatever it is towing. Subsequently, additional liability insurance coverage on the trailer being towed is unnecessary. This does not cover property damage to the trailer being towed, nor does it provide liability coverage when the trailer is not in tow. For example, if a City pickup track was towing a trailer owned by another entity and there was an accident that damaged both the trailer, the City vehicle, and did damage to other property, the liability insurance on the City vehicle would cover the damage done by both the City vehicle and the trailer being towed. However, the insurance would not cover any damage to the trailer itself. This would have to be purchased as additional property coverage. I also followed up on the City float. Barb Sandberg is verifying the registration and licensing of the trailer. The City carries property coverage on the float, but does not carry liability coverage, as the liability coverage would be provided by the towing vehicle. If you would like any additional information on either of these subjects, please let me know. WE:dn 9405205 DATE: TO: FROM: RE: CITY OF COLUMBIA HEIGHTS JUNE1, 1994 JUNE JOHNSTON ASSISTANT FINANCE DIRECTOR, WILLIAM ELRITE L,)~'L ~( FINANCE DIRECTOR AUDIT REVIEW wrrH THE CITY COUNCIL Due to conflicts, the date for the auditors to meet with the City Council has been changed to Monday, June 20th. An exact time has not yet been set. I am assuming this will be the first item on the agenda and is tentatively scheduled for 8:00 p.m. I have discussed this with Dave Mol and he is available on that date and time. I would suggest that you re-confirm this with Dave on the 13th of June. Because of your involvement in the audit process, it is imperative that you attend this meeting. WE:dn 9406012 cc: Pat Hentges, City Manager FLEE' F~EET :.L.: ~9M FEBRUarY h6RCH ~:RZL ~Y ~-T-~ L-T-D EODY EEpA]R/P~TNTTNG '~ ~ OC' .00 ....... ~BO, . .00 .00 .00 .00 ' ...... .OC ~!SC N~zDjr~BRt~TE L~OR ,00 .00 .00 .00 .00 rISC: ~ELD!FABRiC~TE mARTS ,00 .OC ,00 ,O0 ,00 ,00 S'JM~ARv TOTALS LAB3~ .gO .00 .OC .OC .00 .00 11.72 .00 .00 .00 .00 .00 .00 505.00 .00 . On. .00 .00 ,0~ ,00 5i6 ,~'~ .00~ .000 .000 .OOC ,OOO .000 .000 ~vE~AGE TOTAL COSTt~ETF · gO .00 .00 .OO .00 .00 .00 · 090 .gO0 .000 .OOO .000 .000 .gO0 · ,30 .OO .00 .00 .00 .00 .000 .300 .000 .000 .000 .000 u,,_ ~YPENSES .~v~ .00 ,00 .00 .00 .00 5i6.72 -~:~: ,ult._ COSTt~[T~ .C. O0 .000 .OOO .000 .000 .000 .000 · ~?:k~,:: T~T~,_ COST??: .?00 .O00 .gOO .OOC .O00 .000 ':'!E: 04;3: %'<[ mO,,q[t. E'?,"/-:,Y "rr~A',u, ~, ~ L-T-I;: ~X~E EEPAi~ _~B~ -]~ES/TL'~E[ .............. MuC~ _.. ...... ~U. _ZGqT:NG SYST? PAR- .00 .00 ,00 .0,~ .OC' ,.,JO .06 ,00 .OC .00 .OC OC. O~ OO .,'.0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .OC .OC ,0 C: .03 .00 .00 .00 .00 148.00 .00 ,00 ,00 ,00 .00 .OC .00 .00 .OC .00 .00 .00 .00 .00 .00 .00 .00 2.48 ~.00 ,00 .00 .00 .OO .00 992.92 i45.00 .00 74.00 18.00 .00 .0~ .00 .00 .00 .0~ .OC .OC 2Z.O~ LOL.?~ .00 .00 .00 .00 .00 .00 .00 .gO .00 .,gO .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .OC .00 .00 .00 .00 .00 14~.00 992.92 14B.O0 .00 74.00 .CO .00 .00 .00 .~0 ,00 .00 .00 .00 .00 .00 ,00 .00 LSB.75 $.42 · C,£ t .00 ,OOO !.041.15 .GO0 .00 .00 582.75 7.626.3~ .[2- .OC .00 .OC .00 .00 .OOC .OC. .00 .000 .00 .ObC .09~ .CCC, · O0 .00 .00 .00 000 .000 :'.':;~: ...... < S'n~ .'DOC ~" .060 :.946 ::? ~-. ':2C' ':-: .s~ ........ .,~,. : ........ ~AY ~-T-D L-T-D FL;E~ GaLS ON SiTE 2~,77 .00 .DC .00 ow.O. .78 :UE~ '^ ¢ OFF S~T_ .00 .00 .OC .00 .00 .00 METE~ ~PERATE[~ !!~.0~ .00 .00 ,0~ gOo. O0 42~.00 9,221.00 A']E~AGE ~ETEE PER GALLOS ~,10! .COO .0C'3 .OCt 10.!97 7,215 4.682 TOTAL COST/~ET~ .~05 .OC.O .Co, .000 .,550 ~.94~ .'~7~ L-T-D ':RE RE~:R _ABOR ~ Tn~A-T~ T~'~ :;.EZG-- C~APGEE :AFTE .00 .00 ,00 .00 .00 .% .OO .00 18.50 .OC OC O0 O0 33 55.5~ .00 .CO O0 O0 OO O0 ,00 .OC .00 .00 .00 .OO .00 .03 .00 .gO .OC .OC .OO 527.2~ .00 .CC .OC · % 55.50 .00 .00 .00 '~: 76 iS.50 .00 527.25 .30C .00 55.50 55.50 62!.71 527,2~ ~21.71 55:,25 Z,O6Z.~7 · .or,: .00 · 0,3 · VUL, %5.18 .00 .,300 .006. O0 ~;OC .03 .CO0 55.53 '. ::-.,4'.5 4,929.05, .OC' ,0: ·OC .00 · 0:3 1~,555.0¢ CITY OF COLUMBIA HEIGHTS RECREATION DEPARTMENT TO: FROM: SUBJECT: DATE: PATRICK HENTGES, CITY MANAGER ~MARK S. CASEY, DIRECTOR OF RECREATION 1994 PARKS TOUR RECAP JUNE 1, 1994 On Wednesday, May 25, 1994 the Park and Recreation Commission conducted their annual tour of the parks. Prior to the tour, each Commission member and City Council member received a 16 page comprehensive park plan and were encouraged to visit the parks and write down any additions or deletions. Dick Petkoff, Chairman, commented that the parks look in great shape and complimented the parks crew for their fine job. Bellow are a few of the comments from the tour. Edgemoor Park - New playground equipment to be installed in 1994. Gauvitte Park - Add an additional ballfield to keep up with the high demand. - Need to resurface basketball court. Hilltop Park - New playground equipment to be installed in 1994. - Park looks 100% better once the old building was removed. Huset Park - Need for new playground equipment at Huset Park east. - Possible future need for Huset 96 for little league baseball. - Water supply to mound will be completed this year. Keyes Park - New playground equipment to be installed in 1994. - Light for sledding hill to be completed in 1994. - Look at safety improvements for sledding hill. LaBelle Park - Replace rotted decking in 1994. - Look at removing old bridge bases. - Look at completing the trail loop. Memo Pat Hentges, City Manager June 1, 1994 Page two Lomianki Park No comments Mathaire Park - Improve outfield drainage - needs to be a priority. McKenna Park No comments Ostrander Park - Possible addition of basketball hoop. Prestemon Park No comments Silver lake Beach - Possibly replacing the two older picnic shelters with one new one. - Parking lot looks in tough shape. Sullivan Lake Park No comments War~o Court No comments CITY OF COLUMBIA HEIGHTS RECREATION DEPARTMENT TO: FROM; SUBJECT: DATE: PARK & RECREATION COMMISSION MEMBERS ~J~tK S. CASEY, DIRECTOR OF RECREATION 1994 PARKS TOUR MAY 11, 1994 Enclosed is the frame work for the comprehensive park plan that was put together by Mark Winson and myself. This is your working copy. Please read it over and you are encouraged to visit the parks and write down any additions or deletions. Please contact me by May 24th with the parks you would like to stop and see and we will set our route accordingly. If you have any questions, feel free to contact me at 782-2860. REI~INDER Parks tour Wednesday, May 25, 1994 Leave Murzyn Hall at 5=00 Dm CC: Lauren McClanahan, Public Works Superintendent Vern Rozmark, Park Foreman ,! City of Columbia Heights Comprehensive Park Plan ED EMOOR PARK 3957 Second Street N.E. .26 acres SCHEDULED/ORC~kNIZED ACTIVITIES: None AMENITIES: Playground equipment 1993 IMPROVEMENTS - COMPLETED: None 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Replace playground equipment PROPOSED 1995 IMPROVEMENTS: None FUTURE IMPROVEMENTS: City of Columbia Heiqhts Comprehensive Park Plan GAUVITTE PARK 4333 Second Street N.E. 16 acres SCHEDULED{ORC, ANIZED ACTIVITIES: Baseball, basketball, hockey, skating (designated broomball rink), softball, stur~er playgrounds. AMENITIES: Warming house with bathrooms, playground equipment 1993 IMPROVEMENTS - COMPLETED: Building painted 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Make building handicap accessible. Change location of cold air return. PROPOSED 1995 IMPROVEMENTS: Add ballfield Paint hockey rink FUTURE IMPROVEMENTS: Rehab building. Install new 42" fence on north side. Improve parking lot. City of Columbia Heiqhts Comprehensive Park Plan HILLTOP PARK 4657 Heights Drive N.E.. 1 acre SCHEDULED/ORC~%NIZED ACTIVITIES: None AMENITIES: Storage shed (unusable), playground equipment 1993 IMPROVEMENTS - COMPLETED: None 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Replace playground equipment. Remove building PROPOSED 1995 IMPROVEMENTS: None FUTURE IMPROVEMENTS: City of Columbia Heiqhts Comprehensive Park Plan HUSET PARK 3965 Jefferson Street N.E. 28 acres SCHEDULED/ORC, ANIZED ACTIVITIES: Baseball, basketball courts, bocce ball, football, horseshoes, skating*, soccer, summer playgrounds, softball, sand volleyball, tennis, wading pool AMENITIES: Playground equipment, warming house with bathrooms *"1890 Theme" skating area with bridge 1993 IMPROVEMENTS - COMPLETED: Drinking fountain at Field #1 Building made handicap accessible. Huset east tennis courts converted to basketball. 1993 IMPROVEMENTS - NOT COMPLETED: Tennis court resurfacing 1994 PROPOSED IMPROVEMENTS: Security light at Huset east playground Water supply to skating mound. Drainage improvements at Bandshell. PROPOSED 1995 IMPROVEMENTS: Enlarge field 92 Bleachers for Huset %3 and #5. Scoreboard for field 93. Portable sound system for bandshell. Repair and seal Huset west tennis courts. Property purchase. FUTURE IMPROVEMENTS: Picnic shelter in south east corner Rehab building. Add field 96. City of Columbia Heiqhts Comprehensive Park Plan 1345 - 45 1/2 Ave. N.E. 16 acres SCHEDULED/ORC, ANIZED ACTIVITIES: Baseball, basketball courts, summer playgrounds, softball football, hockkey, skating, AMENITIES: Sliding hill, warming house with equipment bathrooms, playground 1993 IMPROVEMENTS - COMPLETED: Building painted 1993 IMPROVEMENTS - NOT COMPLETED: 1994 PROPOSED IMPROVEMENTS: Replace playground equipment. Light for sledding hill. Make building handicap accessible. Change location of cold air return. PROPOSED 1995 IMPROVEMENTS: Sledding hill safety improvements. BEAUTIFICATION: Pave driveway from 46th Avenue parking lot to building. Rehab building. City of Columbia Heiqhts Comprehensive Park Plan LABELLE PARK 1140 - 42nd Ave. N.E. 20 acres SCHEDULED/ORC, ANIZED ACTIVITIES: Basketball courts, horseshoes, skating AMENITIES: Trains, warming house (shed), playground equipment 1993 IMPROVEMENTS - COMPLETED: Basketball backstop. Building painted. 1993 IMPROVEMENTS - NOT COMPLETED: Tie wall at LaBelle Condos - Denied by City Council. 1994 PROPOSED IMPROVEMENTS: East bank erosion control. LaBelle pond restoration. Replace rotted decking. Fence at Circle Terrace playground. PROPSED 1995 IMPROVEMENTS: Playground equipment replacement (north). FUTURE IMPROVEMENTS: Picnic shelter. Irrigation system - west end. Replace building. City of Columbia Heiqhts Comprehensive Park Plan LOMIANKI PARK 80 - 39th Ave. N.E. 2 acres SCHEDULED/ORC~a. NIZED ACTIVITIES: Baseball court, horseshoes, skating, tennis courts AMENITIES: Baseball field (nonscheduled), playground equipment warming house in bathrooms, 1993 IMPROVEMENTS - COMPLETED: Building painted. 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: PROPSED 1995 IMPROVEMENTS: New roof FUTURE IMPROVEMENTS: Improve drainage around building. Install placement 42" fence on north end. City of Columbia Heiqhts Comprehensive Park Plan MATHAIRE PARK 4956 Johnson Street N.E. 8 acres SCEEDULED/ORC, ANIZED ACTIVITIES: Baseball (youth only), basketball courts, football, hockey, skating, summer playgrounds, sand volleyball courts (Dist #13), softball (youth only),wading pool. AI~ENITIES: Warming house with bathrooms, playground equipment 1993 IMPROVEMENTS - COMPLETED: Building painted. Building made handicap accessible. 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Wading pool repair if necessary. Change location of cold air return. PROPSED 1995 IMPROVEMENTS: Replace playground equipment. Wading pool repair. FUTURE IMPROVEMENTS: Improve drainage. Repair hockey rink. Rehab building. City of Columbia Heiqhts Comprehensive Park Plan MCKENNA PARK 4757 Seventh Street N.E. 8.5 acres SCNZDULED{ORGANIZED ACTIVITIES: Baseball, basketball courts, football, hockey, soccer, softball, summer playgrounds, wading pool. skating, AMENITIES: Sliding hill, equipment warming house with bathrooms, playground 1993 IMPROVEMENTS - COMPLETED: Painted building inside and out. Bulding made handicap accessible. New bleacher seats. 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Water heater installation. Paint hockey rink. PROPSED 1995 IMPROVE~W. NTS: Rehabbuilding. FUTURE IMPROVEMENTS: Patch and seal driveway Level and seal basketball court City of Columbia Heiqhts CoK~rehensive Park Plan OSTRANDER PARK 1500 - 40th Ave. N.E. 3 acres SCWRDULZD/ORC~%NIZED ACTIVITIES: Hockey, skating, summer playgrounds, horseshoes AMENITIES: Warming house with bathrooms, playground equipment 1993 IMPROVEMENTS - COMPLETED: Building painted. 1993 INPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Make building handicap accessible. Change location of cold air return. Change out interior lighting. PROPOSED 1995 IMPROVEMENTS: None FUTURE IMPROVEMENTS Replace playground equipment. Improve rink drainage Rehab building. City of Columbia Heiqhts Comprehensive Park Plan PRESTEMON PARK 39th and McKinley Street N.E. 5 acres SCHEDULED/ORgANIZED ACTIVITIES: Baseball, basketball courts, football, hockey, skating, soccer, softball, tennis courts horseshoes, AMENITIES: Warming house with bathrooms, playground equipment 1993 IMPROVEMENTS - COMPLETED: Building painted. 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: Building shut down. PROPOSED 1995 IMPROVEMENTS: Repair roof. FUTURE IMPROVEMENTS: Rehab building. Repair tennis courts and fences. Change surface in playground area. City of Columbia Heiqhts Comprehensive Park Plan SILVER LAKE BEACH 43RD and Stinson Avenue N.E. 5 acres SCEEDULED/ORC, ANIZED ACTIVITIES: Swimming beach, sand volleyball, court AMENITIES: Guard house with bathrooms, playground equipment 1993 IMPROVEMENTS - COMPLETED: None 1993 IMPROVEMENTS - NOT COMPLETED: Parking lot improvements. 1994 PROPOSED IMPROVEMENTS: Correct drainage PROPOSED 1995 IMPROVEMENTS: Parking lot repair. Replace picnic shelter. FUTURE IMPROVEMENTS Rehab building. City of Columbia Heights Comprehensive Park Plan SULLIVAN LAKE PARK 721 - 51st .Ave. N.E. 8 acres SCHEDULED/ORC4~NIZED ACTIVITIES: Horseshoes, tennis courts AMENITIES: 1993 IMPROVEMENTS - COMPLETED: Install horseshoe courts Remove arbors. 1993 IMPROVEMENTS - NOT COMPLETED: Tennis court resurfacing. 1994 PROPOSED IMPROVEMENTS: Replace water heater. PROPSED 1995 IMPROVEMENTS: Replace roof. Resurface tennis courts. FUTURE IMPROVEMENTS: Rehab building. City of Columbia Heiqhts Comprehensive Park Plan WARGO COURT 41 and Central Avenue N.E. SCEEDULED/ORC~%NIZED ACTIVITIES: None AMENITIES: Fountain 1993 IMPROVEMENTS - COMPLETED: None 1993 IMPROVEMENTS - NOT COMPLETED: None 1994 PROPOSED IMPROVEMENTS: None PROPSED 1995 IMPROVEMENTS: None FUTURE IMPROVEMENTS: Replace fountain plumbing. CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Slurdcx illll Councilmembers l)onald G. Joll~ Bruce G. Na~rocki (}arx I.. Pctcrson Ro~crl W. Ruetlimann City Mnnager Palrick Hcnlges TO: FROM: patrick Hentges, city Manager Don Schneider, Community Development Director DATE: RE: June 3, 1994 APPLICATION FOR $30,000 AFFORDABLE HOUSING PROGRAM(AHP) GRANT FROM THE FEDERAL HOME LOAN BANK OF DES MOINES FOR DOWNPAYMENT ASSISTANCE PROGRAM FOR SHEFFIELD NEIGHBORHOOD Our application for the AHP for downpayment assistance for first time homebuyers purchasing renovated(from duplex to single family) houses in the Sheffield Neighborhood is NOT going to be funded as per Rich Webb of the Federal Home Loan Bank on June 2. Our program was only going to assist 2 very low income(adjusted yearly income of $24,800 or less) families out of 10 total families. The other 8 families were projected to be qualified MHFA Minnesota City Participation Program first time homebuyers with low to moderate income of up to adjusted income of up to $39,680 per year. The approximately 24 applications being funded(out of 75 applications received) have an average of 80% benefit to very low income families. Since benefitting very low income families with their housing needs is one of the prime criteria for receiving funding under the AHP, we did not fare well with our 20% benefit to very low income families. Rich Webb suggested that if we want to receive favorable consideration, if we apply, in the October round of funding, we should somehow change our program to reflect a higher(50% or greater) benefit to very low income families. Rich Webb said that due to final approvals and other administrative requirements, the Federal Home Loan Bank of Des Moines will not be sending letters out in regard to the AHP applications for another 3 to 4 weeks. Please advise me if you wish to pursue the AHP grant again in October. If we do, we need to have the application ready for the local Norwest Bank office by approximately September 23. cc: HRA Comm "SERVICE IS OUR BUSINESS' E¢)UAL OPPORZUNiTY EMPLOYEF~ THE GIFY OF COLUMBIA HEIGHTS DOES ['lOT DISCRIMIN,~TE ON THE BASIS OF DISABILITY !N EMPLOYMENT OR 'I'HE PROVISION OF SERVICES RESTORING COMMUNITY AND FAMILY CORE VALUES SO UTHERN ANOKA CO UNTY COMMUNITY CONSORTIUM Members include Cities of Columbia Heights, Fridley, Hilltop School Districts 13 and 14 Anoka County J~e8,1994 MEMO TO: FROM: SUBJECT: Community Members Southern Anoka County Consortium Tim Yantos, Deputy County Administrator~~~~ ' ~~".. June 23, 1994 Town Meeting Please find enclosed a memo dated June 8, 1994, to the Community Values Task Force Members and the Help Building a Foundation of Community and Family Values flyer. Should you have the opportunity to distribute flyers through civic organizations or other means, we would appreciate it. If you need flyers or have any questions, please contact me at 323-5692. Tim Yantos TY:Ip Enclosure FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 323-5289 RESTORING COMMUNITY AND FAMILY CORE VALUES SO UTHERN ANOKA CO UNTY COMMUNITY CONSORTIUM Members include Cities of Columbia Heights, Fridley, Hilltop School Districts 13 and 14 Anoka County June 8, 1994 MEMO TO: FROM: SUBJECT: Community Values Task Force Members Southern Anoka County Community Consortium (SACCC) June 23, 1994, Town Meeting On May 11, 1994, we asked if you would please prioritize the 24 values as generated at the May 3, 1994, meeting. The number of you who have chosen to return the rating form has been outstanding. It is truly exciting to see so much enthusiasm in our communities regarding this valuable program. We thank each one of you so very much for your participation. As indicated in the May 11th memo, the prioritized values will be shared with our communities at a Town Meeting scheduled for June 23, 1994, at 7:00 p.m., Fridley High School Auditorium. The agenda for that evening will include a panel of persons from the community who will discuss the prioritized values from their perspective. The audience will also be asked to participate in the discussion of the values. Following this Town Meeting, the prioritized values (perhaps 5 to 8 of them) will be communicated throughout the community this summer. It is our sincere hope that through the town meetings and other activities this summer and early fall that we are able to reach practically every person in the Cities and School Districts of Columbia-Heights, Fridley and Hilltop. Any suggestions that you may have as a means of communicating these values this summer, please give us a call or let us know at the June 23rd Town Meeting. Enclosed is a copy of the flyer that will be distributed through the school systems and some civic organizations. We would appreciate it if you could inform your neighbors and friends of the Community and Family Values Program and the June 23rd Town Meeting. Should you like additional flyers or have any questions, please contact Tim Yantos at 323-5692. Thanks for your continued help. Enclosure Government Center - 2100 3rd Avenue · Anoka, Minnesota 55303-2489 · (612) 323-5680 Help Build a Foundation of Community and Family Values What :ValueS are eSSentifl: :to building: a S~Onger community ? : What are thb Values :mos[ important to YOu Over 100 Columbia Heights, Fridley and Hilltop residents are working to answer these questions, and we need your help. Together we can identify essential values and work to promote them throughout our communities. June 23, 1994 at 7:00 p.m. Fridley High School Auditorium 6000 West Moore Lake Drive N.E. Between University Avenue and HWY 65 Call 323-5680 for more information So Far, We have ... Identified the problems Agreed that action must be taken Held a town meeting Gathered input from a diverse group of community members The next step is to get your input. B.e a. part::' of the soluti6n. Come voice your optnton on June 23. Our Communities Are Not Powerless! This evening is sponsored by the Southern Anoka County Community Consortium whose members include the Cities of ColumbiaspeciaiHeightS,thanksFridleY,to MercyHillt°p'& SchOOllJnity Hospitals.Districts 13 and 14 and Anoka County. June 3, 1994 Office of ANOKA COUNTY SHERIFF ~ ~ ~ ~ ~ ~ KENNETH G. WILI~'I~'SON 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 The Honorable Joseph Sturdevant Mayor of the City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 Dear Mayor Sturdevant: In a continuing effort to maintain and strengthen effective communication between the Sheriff's Office and your community, I have made arrangements to appear again at your scheduled City Council meeting on Monday, July 25, 1994 at 7:00 p.m. This will permit me to check on our efforts in providing service to your community, and also provide an opportunity to get your feedback on ways the Sheriff's Office might be more effective. Should you have specific concerns, I would ask that you provide me with notice so I can provide an informed response or bring an appropriate staff member for additional resource. I would also appreciate hearing your ideas on the general direction we might consider for the future. Our desire is to provide the best possible service to your community with the available resources. Your ideas and feedback are extremely important in achieving this goal. Sincerely, K. G. Wilkinson Sheriff CC; Councilmembers 'City Clerk Acting Chief Len Olson Affirmative Action ! Equal Opportunity Employer r I 1 I I I ;; ! 0 -,-! ! + I 01j I I ~ I I I I I I ~ .I I II !,~- ! th] I i I I I ! l l I I I I -- I .iii 0 I C)~I -I ~ 6£J.g-gS~: (Z:J.g) luem~(oldm:~ Xllunl. mddo Ilnb~ pul SulsnoH XHun~oddo ilnb~ gOgZ'96~: {~Lg) ~OLS~ mlol~eUUlj~ ,lnld 'lg 'OO~: e~lm3 '~,ee,~lS ,~llqls 001~ : S~ E)"V$S:::I~I/SNOIJ.Of'jI:::i,J. SNi "lViO~ld~ : '"lV~ ~ J~SN'~IJ.. $1HJ... ~DNIQfl"IONI ' ..~. -S::J{D~d ,::10 t:;I::qEII/~I"iN 'lV, J. OJ. :3NOHd :i/~O~:~! S.Li-I,gl31-1 VIEH~ ill03 JO All3 :OJ. S~IDVd ~DNIMOTIO-4 ]~i-t.J. I;I~AI"i:::ICI EIS'V-~-'Id L471D' 'l !' :~t. VCI ; AON;:I. 9V ~ :::ION~Ni:! ~~"'] 9NISnOH ir-/x~ CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Slurdcvant Councilmembers Donald G. Joll~ Bruce G. Na~vrocki Gar> l.. Pelerson Roberl W. Ruetlimann City Manager Patrick [lenlgcs TO: FROM: Patrick Hentges, City Manager Don Schneider, Community Development Directo~~~/~ ~ DATE: June 9, 1994 RE: CDBG FUNDING RECOMMENDATIONS FOiR PUBLIC SERVICE ACTIVITIES FOR FY1995 CDBG PROGRAM Enclosed is a letter from Patrice Seawell, Co-Chair of the Columbia Heights Human Services Commission. During the past year we did not seek their recommendations for use of a portion(up to 15%) of our annual allocation of CDBG funds through the Anoka County CDBG Program. Ms. Seawell is requesting that they be involved as they were in years prior to last year. Prior to last year, HRA staff solicited proposals from public service type agencies and had the Human Services Commission rank the applications to decide which should be included for funding. Last year, we did not seek recommendations from the Human Service Commission as funds were to be used primarily in the Sheffield Neighborhood with very limited public service funding for continuing current programs.. Please advise me as to how you wish for us to proceed with securing recommendations for use of the Public Service portion of the FY1995 CDBG Program grant. Enclosure: Letter from Patrice Seawell cc: Patrice Seawell, 4126 Tyler St NE, CH ".SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIa, HEIGHTS DOES "~O1- DISCRIMINATE ON THE BASIS 'DF DISABILITY tN EMPLOYMENT OR -DHE PROVISION OF SERVICES June 1, 1994 Don Schneider Columbia Heights Housing and Redevelopment Authority 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 Re: CDBG Funding Recommendations for 1994 Dear Mr. Schneider: This letter will confirm our telephone conversation of about two (2) weeks ago with regard to the Columbia Heights Human Services Commission participation in the CDBG recommendations for 1994. It is my understanding from our conversation that the Human Services Commission was not involved in the CDBG process for 1994 at the request of the previous City Council and because of an anticipated determination that the fi~nds would be designated for the Sheffield Revitalization Plan. You indicated that you would bring our participation back before the City Council when you discuss the CDBG funding process in August, 1994. I am requesting that the Human Services Coramission be involved in the recommendation process for 1995 as it has been involved in the screening since 1981. I would appreciate notification from you of when this matter will be brought before the City Council in August, 1994 so that the members of the Commission can attend in the event of questions. I can be reached at//781-3255 or at the address listed below. Thank you for your assistance in this matter. ~/' '"~'.~, cerely, >.:? l[/Z d( Columbia Heights Human Services Commission 4126 Tyler Street N.E. Columbia Heights, Minnesota 55421 PS: 115767 cc: Columbia Heights Human Services Commission TO: COLUMBIA HEIGHTS CITY COUNCIL FROM: LOWELL DEMARS oUBJE~T: RENTAL PROPERTY LICENSE APPLICATIONS DATE: JUNE 8, 1994 CITY OF p.n:,..,_.~ i~,,~, ~_ .-. · HE!GHTS THE FOLLOWING LIST OF OWNERS AND THEIR RESPECTIVE RENTAL PROPERTIES HAVE COMPLIED WITH THE PROVISIONAL (PRO-RATED) LICEN SING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS. I AM RECOMMENDING THAT THESE LICENSES BE ISSUED: ADAMS, WILMER BECK, GARY BOEGE, MARK BROWN, GERALD T. t~URCHETT, LESLIE CANFIELD, DOROTHY CARAWAY, TALMER CH!ES, LESTER CLAUSEN, ERNEST COLE, KATHERINE D. COTY, MICHAEL DANKO, JOHN DZ!EDZIC, STE]?HEN ELMQUiST, RONALD D. ENDTHOFF, HARRY GROTE, EVANS, BRUCE FINK, WILLIAM FRANZ, WILLIAM FRENZEL, DALE FREUND, BARBARA GERALD G. HALSEY, DANIEL A. HANSON, E!MiN HARLAN, BRADLEY HARLAN, BRADLEY HARLAN, BRADLEY HARLAN, BRADLEY HASSAN, AHMED HENKE, KENNETH HERMAN, MARVIN HESS, MARK JONES, MICHAEL JORGENSON, DORIS JOTBLAD, DWIGHT JUNKER, JAMES KABANUK, PETER NKNOPL!V, NICKOLAS KOTZER, PETER KOTZER, PETER KRAFT, MATT LANGE, DAVID LEVINE, RICHARD MAAHS, DONNA L. MARTH, MARY 5001 WASHINGTON 679-81 46TH AVENUE 4127 2ND STREET 3754 3RD STREET 3747 2ND STREET 4943 JACKSON 1231 40TH AVENUE 4347 TYLER PLACE 4550 MAD]:SON 4624 WASHINGTON 1238 CIRCLE TERRACE 4343-45 '.?ND STREET 1262 CIRCLE TERRACE 3915 LOOKOUT PL. 1004-06 GOULD 4154-56 2ND STREET 4657 TYLER 3830 3RD STREET 3732 3RD STREET 3818 3RD STREET 4644 WASHINGTON 636 38TH AVENUE 4534 MADISON 5146- 48 WASHINGTON 5200-02 WASHINGTON 5110-12 WASHINGTON 5140-42 WASHINGTON 4317 3RD STREET 4427 2-1/2 STREET 1339 CIRCLE TERRACE 4031 2ND STREET 1301 CIRCLE TERRACE 1480 47TH AVENUE 1324 42ND AVENUE 3835 TYLER 1333 CIRCLE TERRACE 1253 CIRCLE TERRACE 4207-09 2ND STREET 4203 2ND STREET 3830 RESERVOIR 1309 CIRCLE TERRACE 3939 TYLER 4613-15 ]?IERCE 4619 TYLER 1,/1/94--3/31/95 1/1,"94-- 4/30./95 1//1/94-- 4/30./95 1~_/94-- 3/31,/95 1./1,,'94-- 4/30/95 1~_/94-- 4/30/95 1/1/94-- 3/31/95 1/!/94--4/30/95 1/1/94- - 4/30/95 1/1/94 - - 3,/31/95 1./1,/94-- 4/30,/95 1/1/94- - 4/'30,./95 1/1/94--4/30/95 1/!,/94 - - 3 / 31./95 1,/1,/94-- 2/28/95 1/1/94-- 4/30/95 1/1/94-- 4/30/95 !.~/94-- 4/30/95 1/1/94-- 4/30,/95 1,/1/94-- 4/30,/95 1/1/94--3/31/95 1/1/94-- 3/'31;/95 1,/1/94--4/30/95 1/1/94-- 3/31/95 1/1,/94--3/31/95 1/1/94-- 3/31,/95 1/1,/94--3/31/95 1/1/94--4/30/95 1/'1/94--4/30/95 1/1/94-- 4/30/95 1,"1/94--4/30/95 1/1/94--4/30/95 _ 1/1/94--3/31/95 1/'1/94--4/30/95 1,,"1,/94-- 4,/30/95 1/1/94--4/30.,/95 1,/1/94--4/30-95 1/1,/94- - 4../30/95 1./1/94--4/30/95 1,/1/94--4/30/95 1/1/94--4/30/95 1/1/94--4/30/95 1/1/94--3/31/95 1/1/94--4/30/95 MEIERHOFER, ROBIN MELTON.. ANTHONY MICEK, FRANK MINDLIN, STEVE OLIN; RICHARD RUDEN SKY, JESSIE RUDENSKY, JESSIE SANDBERG, BARB SCHUBKEGEL, ALVIN SCHULTZ, ALAN SMIEJA; ROBERT SUMAKITIS, SALLY THORPE, JEAN TIERNEY, VICKIE TOMCZYK, KAZIMIERZ TURCOTTE, ROBERT WEGMAN. JAMES 5255 7TH STREET 3736 3RD STREET 1401 CIRCLE TERRACE 4909-11 JACKSON 5216 WASHINGTON 4518 WASHINGTON 4534 WASHINGTON 5005 4TH STREET 2012 43RD AVENUE 525 38TH AVENUE 4305 2ND STREET 1343 CIRCLE TERRACE 4641 WASHINGTON 5252-54 ~;ASHINGTON 4341 TYLER PLACE 1440 47TH AVENUE 3959 RESERVOIR BLVD 1/1/94--3/31/95 1/1/94--4/30/95 1/1/94--4/30/95 1/1/94--4-30-95 !~/94-- 3/3_1/95 1/1/94--3/31/95 1/1/94--3/31/95 4/1/94--3/31/95 1/1/94--4/30/95 1/1/94--3/31/95 1/1/94--4/30/95 1/1/94-- 4/30/95 1/1/94--3/31/95 1/1/94--3/31/95 1/1/94-- 4/30/95 1/1/94--3/31/95 1/1/94--4/30/95 TO CITY COUNCIL JUNE 13, 199q *Signed Waiver Form Accompanied Application APPROVED BY CARNIVAL POLICE DEPT: LICENSE AGENDA LICENSED AT *Harlan J.* Bast II Hlldebrands Hidway of Fun Huset Park for Jamboree June 22-26, 199¥ FEES $ 250.00 BUILDING OFF. CONTRACTORS *All-American Recreation *Assoc. Mech. Cont. *Commercial Plumbing & Ht9. *Dakota Fence of Mn. *Ebert Plumbing & Heating *JLB Plumbing, Inc. Doug Linden, Inc. *Peterson Bros. Sheet Metal *Plymouth Plumbing 1290 - 73rd Ave. N.E. 1257Narschall Rd. 1562 W. University Ave. 3~80 Upper l~gth St. ~5q5 Madison St. #3 2407 Washington St. 5747 S.E. 57th 4110 Central Ave. 6909 Winnetka Ave. 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 SAFETY & HEALTH, ANOKA COUNTY SAFETY & HEALTH ITINERANT FOOD CONCESSIONS *Box Seat Bar & Restaurant FOOD VENDIIIG HACHINES Balk Enterprises 4005 Central Avenue 6/2q/gq In parking lot during parade 3900 Jackson St.N.E. 30.00 30.00 HN. DEPT OF AG. POLICE DEPT. POLICE DEPT. ' FOOD CATERING VEHICLE *Schwan's Sales Ent. · GAItES OF SKILL *Donald llordeen Hansons Sales 1 vehicle within the eity License #YP q3391 4005 Central Avenue I machine 50.00 50.00 MN. DEPT. OF AG. POLICE DEPT. POPCORNi CANDY & ICE CRERM VEHICLE *Licciardl/Novelty Vending I vehicle within the City License #888 HTE 50.90 APPROVED BY PUBLIC WORKS D{R. TREE SERVICES CONTRACTORS *Blaemels Tree & Landscape LICENSED AT 551Dru Drive, Hudson, FEES $50.90 BRC FINAI'ICIAL SYSTEM 06/10/94 11:00:10 FIJND RECAP: F'UI,ID DESCRIPTION 101 2:25 230 240 270 401 405 410 412 4:1.5 431 601 602 603 609 651 701 710 720 88O 883 884 885 887 GENERAL STATE AID MAINTENAI,ICE CABL. E TELEVISION PARA TRANSIT L. I BRARY DARE PROJECT CAF:'I'TAL ]:MPROVEMENTS DOWNTOWN MAINTENANCE SHEFF-IE]...D REDEVELOF'MENT CAPITAl._ IMF'ROVEIqENT F'ARKS CAPITAL. IMPROVEMENT -- F'IR CAF' EQtJIP REH_ACE-GENEI~AI._ WA'1'ER UTILITY SEWER UTILITY REFUSE FUND I_.I~UOR WATER CONSTRUCTION FUND CENTR. AI._ GARAGE ENERGY MANAGEMENT ~ATA PROCESS lNG PERMIT SURCHARGE; COFITRIBUTIED PROOECTS-REC CONTRIBUTED PROOECTS-GEN I N S U R A N C E ESCROW FLEX BENEFIT TRUST FUND 'lr'OTAI... ALL. FLJNDS BANI< RECAP: BAN I< I"IAME BANK CFIECKING ACCOI]NT TOTAL_ ALL BANKS Check History DISBLJRSEMENTS 48,983.24 428.93 10.90 4,739.00 5,836.44 27.15 1,531.54 2,267.82 2,301.11 5,998.52 11,344.57 3,955..75 2,980.39 48,990.34 2,454.71 196,374..92 6,069.12 6,195..45 2,858.80 196..12 249.63 4,457..68 716.94 115,890.17 382,317.42 8,158.84 865,335.50 DISBURSEMENTS 865,335.50 865,335.50 BRC FINANCIAL SYSTEM 06/10/94 10: 5 Check History 06/13/94 CC)UNC;]:I... LIST BAN K VEI'--IDOR CHECK NLJMBER BAI,IK CHECKING ACCOLJI,IT HENTG[~:S/PATR I C K AARF' Blii:LL. BOY CORPORATION COMF'LJI"ER CORF' CONNI:i:Y SAFETY F'RODUCT8 D Z AMOI'II> F'RESS GAGI-IER/JODY GEY~F-':RS/SANDY G ]: FT' OF:,'D / V AI...OR I E GOVI-ZF;,:I'-IMf£1'IT FII,IAI-ICF OF-FIC GR I EK~,S----C;OOPEF;~ & CO I-.Ili.:IGH'I"S I-ZLECTRIC IHC. JOHI',ISON BROS. LIQUOR CO. I(IJliE'lr'HI.ZIR DIST. CO. MIZDIC;II',IE: /..AKE T£)LJRS METI--(O ATHI_EI"IC SUF'F'I._Y MEI'ROF:'OL. ITAN WASTE: C;ONTR M :[ I-II'-IIEGASCO M]:I-,INESO'I'A AAU C/O M.Y.A. I,-IOVA I( / D F:".B 0 F.:A H 0 ' COI-,II-,IEL.[../CHARL. E:-; F:'AF::TS F:'I_IJS F'Iii:TTY CASH - KAREN MOEL. I_ F'E:'TI"Y CASH- JANICE MCGHE F:'HII..I..IF:'S & ,,.-)OI,IS CO/Il') QI_.IAI_ITY WINE & SPIRll"S ,S A I---fO ll3 A C K/MARGE STAIR 'l-R I BUI,IF._' TWII-,I CII'Y PHOTOCOPY I.J S WEST COMMUNICATIONS UNIVERSITY OF' NFZBRASKA WINE-" MIEF;:CHANTS W I I,ISOI--I/MAR K ]E{L.AHUT & ATI_AS AUTO ;'-~ODY BI...AFIUT/L_ I N]DA AF:'SCME AI-IOI(A COUI,ITY SOCIAL. SERV DOA Il,lC. FIR81' COMMLINITY CF(EDIT U GF(IF..AT WEST LIFE & ANNI. JZT ICMA RETIREME".NT TRLIST 45 MICI(E I_SON., TRIJSTEE/J._ J MI,I STAI"E: F;:E:I"IREMENT SYST NORTHEAST STATE BANI( F'AYF.'.OL_I.. ACCOL.INT F:'IE:I:;,' A F'E:RA - :][)[:'F:'II,IE:D CONTRIBLJT 47370 47372 47373 47374 47375 47376 47377 47378 47379 47380 47381 47382 47383 47384 47385 47386 47387 47388 47389 47390 47391 47392 47393 47394 47395 47396 47397 47398 47399 47400 47401 47402 47403 47405 47406 47408 47409 47410 47411 47412 47413 47414 47415 4741.6 47417 47418 47419 CITY OF' COLUMBIA HEIGHTS GL540R-V04.15 PAGE I AMOILJI-IT 305.19 224..00 8,662.88 53.25 163.73 109..75 30.00 18..00 26.51 415.00 2,604.75 210.37 6,262..03 21,702,.93 2,566.50 408..93 45,857.00 3,499..96 504.00 61.63 150.00 73.64 98.75 102.17 313.33 711.84 39.00 61.32 3,955.75 720.54 198.00 129.00 232.00 250.00 41.03 876.40 361.00 1,884.96 1,740.00 4,642.00 5 .48.7~. 350. O0 717.50 34,054.00 107,234.31 17,795.78 64.62 BRC FINANCIAL SYSTEM 06/10/94 10: 5 BAN K VENDOR Check History 06/13/94 COUNCIL [..ISl' CITY OF COLUMBIA HEIGHTS GL540R-V04.15 PAGE 2 CHECK NUMBER AMOUNT BANI( CHECKII'I(':; ACCOUI'IT PERA - FIRE: RELIEF: F'ERA LIFE INSURANCE F'E:RA POL_ICE RELIEF CONSO I:~AI~SDEL. I.- SCNOL.ARSHIF' FUN STATE CAF'ITOL CREDIT UNI UNION 4~ LJNITED WAY L. EAGUE OF MINNESOTA CITI I_IEAGUE OF MINNESOTA CITI I...EAGUE OF MINNESOTA CITI AMERICAN AGENCY INC ANCI-~OR F'APER ANOKA COUNTY MOTOR VEHIC BEI_I_BOY CORF'ORATION BRADY/CAROL COLUMBIA HEIGHTS I D C HEY COMF:'ANY EVANS/KELLY GRIGGS-COOF:'ER & CO JOHNSON BROS. LIQUOR CO. I<RAUS-ANDERSON KI..JETHER DIST. CO. L. ARSON ARCHITECT INC/GAR METRO UMF'IRE GROUP MINNESOI'A PLAYGROUND INC I,IORTH STAR CONCRETE I,IOR T H E~: AST E R I::'E:TI'Y CASH - CAROl.- FREY F'EYl'TY CASH -' GARY BRAATE F:'I-~II_LIPS & SONS CO/ED I:'RI OR W I NE QUALITY WINE & SF'IRITS SKAVNAK/STAN SF'ARTEN PROMOTIONAl- GROU TY KWENS K I/DAN I EL ZWACK/MARY PAT JACOBS/CLAR I CE F'ENNXANITA WRI GHT/SANDRA ANOKA COUNTY MOTOR VEHIC AF'I FUND F'OR PAYROLL EDU AT &T BEL. L. BOY CORPORATION BOYD HOUSER CANDY & TOBA DONAHUE/NEVA GRIGGS-COOF'ER & CO JOHNSON BROS. LIQUOR CO. 47420 368.92 47421 174.00 47422 1,496.37 47423 42.00 47424 945.00 47425 540..00 47426 130.00 47427 1,125.00 47428 25.00 47429 70.00 47431 76,775.18 47432 346.53 47433 175.00 47434 16,595..54 47435 30.00 47436 4,088.69 47437 293.94 47438 17.07 47439 16,848.15 47440 3,988-11 47441 8,414.75 47442 25,833..55 47443 1,531.54 47444 622.00 47445 3,677.85 47446 123.16 47447 225.00 47448 40.00 47449 169.74 47450 1,614..37 47451 1,419.19 47452 804.96 47453 41.00 47454 150.70 47455 200.00 47456 10.00 47457 1,443.22 47458 737.90 47459 1,818.88 47461 49.29 47462 197.60 47463 12.52 47464 2,209.15 47465 178.25 47466 200.00 47467 5,505.71 47468 2,~16.43 BRC FINANCIAL- SYSTEM 06/10/94 10:5 Check History 06/.1.3/94 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V04.15 PAGE 3 BANI< VENDOR CHECK NUMBER AHOUNT BANK CHECKING ACCOUNT KOCON/DIANE KOST I C K/DONALD KUE:THE!:R DIST. CO. MADSON/WAYNIE Hlii:TRO LJMF'IRE GROUP M I IqNl.=G ASC'O HII'INI~:SO'IFA SLJBLJRBAN PLJBL. I H I NTER-WE I SHAN Iq S F:' Nli': MARYLAND WASTE DISPOS F'AF,:T S PLLJS PETTY CASH - KAREN HOELL I='Ii':TTY CASH- OANICE MCGHE F:'HIL. I_IPS & SONS CO/ED I='R I OF~: WINE': QUAI_ITY WINE & SPIRITS SCHUI. JF,'/OAC~UI...I NE H ';.'3 I(OVRAN/TOM STAR TRIBUNE: STATI.=' OF= HINI'-I-DEF'T OF' CO LJ S WEi:ST CELLLJL. AR I.] S WI:'ZST COI'IHUN.TCATIOIqS WIt'IE HE!:RCHANTS ANOI(A C'OUN'IFY SOCI'AI_ SE=.RV BE:I=C(3F'OF;.'.D TRUCK:[ NO FIRS'I" COHHUNITY CRED.TT U GF;:EAT WES'I" L..IFEE & ANNLJIT GROLJP HEALTH 'I:CHA REi:TIF;~F£HENT TRLJST 45 MI'iD CI'£14TEI~ HI'£ALTH PL.AI"I Hlii:D I L~;A CHO I CF-: HICKI=:LSON,TRUSTEE/J ~ MN STATE!: RE:TIREHENT SYST NORTHIEAST STATE BANI( I='AYROLL ACCOUNT F:'I!i:RA Plii:RA - DEF'llNE:D CONTRIBUT PERA '- FIRE RELIEF I='E:I=(A POLICE. REI_IEF CONSO PRUDENTIAL LIFE INSURANC PUBL. IC HANA[~)E':RS ASSOCIAT RAHSEY COUNTY ATTORNEY/T S'lf'ATE: C;APITOL CREDIT UNI LJNION 1216 UNI ON 320 UNITED WAY AAA/PRIORITY VIDE=O INC 47469 100.00 47470 200..00 47471 21,186.45 47472 50.00 47473 1,020.00 47474 13..47 47475 112.20 47476 18,355..36 47477 702.93 47478 15.00 47479 74.88 47480 66.65 47481 75.24 47482 8,374 .. 83 47483 1 , 383.53 47484 6,887 .. 98 47485 100.00 47486 1 ,: ~'.~ .. 00 47487 461.35 47488 846.06 47489 ~ ......... 47490 1,968 .. 36 47491 123.50 47493 361 .. 00 47494 1,104.76 47495 1 , 790 .. 00 47496 4,642.00 47497 9,440 .. 70 47498 5,494.59 47499 5 :. 365 .. 35 47500 19,527.25 47501 350..00 47502 717.50 47503 33,912..9.1. 47504 106,3?.8.00 47505 18 .~ ;)89 .. 89 47506 64.62 47507 368 .. 92 47508 1,576.34 47509 821 ..41 47510 200.00 47511 85..20 47512 945.00 47513 100..00 475.1.4 796.00 47515 130 .. 00 47517 41.78 BRC FINANCIAL- SYSTEM 06/10/94 10:5 Check History 06/13/94 COUNCIl_ LIST CITY OF COLUMBIA HEIGHTS GL. 540R-V04.15 PAGE 4 BANK VENDOR CNECK NUMBER AMOUNT BANI( CI~ECKII,IG ACCOUNT ACE HARDWARE AIRSIGNAL. INC AL. ADI) IN F:'OOL_8 AI...L_EN/B I I_.LY AMERICAN AGENCY AMI-'::R I CAN BINDERY AME:RICAN LINEN SUF'F'LY CO ANOKA COUNTY ARATEX ASHLAND CHEMICAL CO ASF:'EN EQUIF'MENT CO ASF'EN MILLS~ INC ASSOC OF METRC) MUNICIPAL AUTOMOTIVE REFINISH TECN BAKER & TAYL. OR BAIq- KOE SYSTEMS BARNA GUZY & STEFFEN L. TD BAUER BUILT TIRE & BATTE B IFF:' ' S, I NC. BITUMINOUS ROADWAYS~ INC BOOI(MEN INC;/TNE BOY SCOUTS OF AMERICA BOYER TRUCKS BF(AKE & EQUIPMEN'r WARE]-~O BRO-TEX~ INC. BRODART BUSINESS RECORDS CORP. BU'¥TERWORTI'~ LEGAL PUBL_IS C;ERTIFIED F'OWER TRAIN CITY BEER DIST. INC. CITY OF' COLUMBIA NEIGHTS CI'I'Y WIDE LOCKSMITHING Cl..ARK FOODSERVICE COCA-COL. A BOTTLING MIDWE COLUMBIA PARK MEDICAL GR COMPRESSAIR & E~UIF'MENT CONCE:F'T MICRO IMAGING COIqNELLY INDUSTRIAL ELEC CONTINENTAL-SAFETY EQUIF' COPY EQUIPMENT INC CROWN F'ENCE & WIRE D C HEY COMPANY D ROCK CENTER DEMCO DOVOL. IS JOFINSON & RUGGIE EGGNEAD DISCOUNT SOFTWAR EL..VIN SAF'ETY SUF'F'LY 47518 6.37 47519 21.04 47520 38.34 47521 312.58 47522 160.00 47523 132.97 47524 199.75 47525 330.00 47526 335.81 47527 126.15 47528 41.01 47529 436.10 47530 50.00 47531 574..06 47532 671.75 47533 115.22 47534 45.00 47535 169..65 47536 326.30 47537 8,549.31 47538 1,605.17 47539 1,500.00 47540 18.33 47541 239.49 47542 121.59 47543 44..63 47544 761.99 47545 41..65 47546 21.48 47547 73.65 47548 55.00 47549 55..18 47550 127.80 47551 686.28 47552 2,267.82 47553 28.00 47554 199.14 47555 114.52 47556 127.09 47557 100.70 47558 1,252.44 47559 203.23 47560 74.50 47561 77.90 47562 761.10 47563 142.87 47564 609.07 BRC FINANCIAL- SYSTEM 06/10/94 10:5 Check Nistory 06/1.3/94 COUNCIL BAN K VENDOR BANI( CHECKIIqG ACCSUNT EULL CONCRETE PRODUCTS F'ASTENAL COMPANY F'L. ANAGAN SALES INC I---L.EX COMPENSATION, INC FOCUS NEWSPAPERS FOX VAI_I-EY PAINT I=RII)L. EY CHAMBER OF COMME GAI'IE. TIME GENUINE[ PARTS/NAPA AUTO Gli.ZS'¥ETNEF~ CORF'ORATION G ILL. UND ENTERPR I SES GI...ENWOOD INGL. IFWOOD GI...OTZ ' S .SF'I:!:CIAI...TIE-; GOOI) MD/ DR GARY (300DAL. L. RUBBIT. R CE) GOPHF:R SI"ATE ONE--CALL IN GF:,'EA-FER ANOKA CN-I"Y.HUMAIq I--IAIqCF COHF:'AN I F":S HEAL.-I"HSPAN 'I-RAI,ISF:'OF:TAI' I 0 HEIGHT8 ELli':CTRIC IIqC- I-IE I NR I CH Fi:IqVI::_'L_OF'E CORF:' I'-IOOVER WHI'.":EL AI_IGIqME'ZNII' I HOWAR]D IqEE=.I)L. ES I'AHHE'-.Iq & IIqDIE]::'E]qDEI'~T SCHC)OL- lQ ISl" IhlDUSTRIAL. L. AI,',IN CARE &. M I NS-i'Y PR I N'T'S ]:lq'lF'L~ ASSOC OF:' FIRE £;l"iIE IF'mC F'R I I'l'll" I NG J Iii: N D F ;.: 0 / R 0 B E R T JOHNSON FIF;:ST AID K MART KAl._ INA, W I I_I_S, WOODS, GTSVO K]:F:'P BROI'HE:RS INC KOCI"I MATE".RTAI_S CO. KO]DA I(/Fi:ASTMAN L. AGFR(:IU IST mCORF'. LEAGUE OF:' MI',! CITIES INS L.EEF= BROS. I_.C)FF'L. EF;: BU,,3INESS SYSTEMS I_UNDS FRIDI_EY OFFICE PRO MAF'EL. MAII'=-R STEWART & ASSOC., MASYS CORP. MECCA SPORTSWEAR MEI)ICAL OXYGEN & E~I.JIPHE MEIqARD8 CASI--IWAY LUMBER MI-ZTRO SYSI"I='MS LIST CITY OF' COLUMBIA HEIGHTS GL540R-V04- 15 PAGE 5 CHECK NUMBER AMOUNT 47565 310.80 47566 197- 59 47567 2,501.00 47568 ,:~: .... 00 47569 1,185.17 47570 476.94 47571 500.00 47572 382.29 47573 96.17 47574 786 - 90 47575 51.99 47576 31.24 47577 313.53 47578 60.00 47579 87.35 47580 141.75 47581 933.71 47582 66 .. 5.1. 47583 150.00 47584 2', 290 .. 86 47585 744.9-7 47586 29.95 47587 261.60 47588 3,416.58 47589 648.00 47590 112.09 47591 90.00 47592 49.51. 47593 15.94 47594 55.69 47595 116.38 47596 3,629.61 47597 119.88 47598 569.56 47599 533.46 47600 89.89 47601 31,819.25 47602 55.40 47603 316.31 47604 24.44 47605 65.00 47606 6,069.12 47607 821.78 47608 118.80 47609 59.87 47610 286 .. 18 47611 563.39 BRC FINANCIAL SYSTEM 06/10/94 10: 5 BANK VENDOR Check Nistory 06/1.3/94 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V04- 15 PAGE 6 CHECK NUMBER AMOUNT BANK CNECKING ACCOUNT METRO TIRE METROPOLITAN TRANSIT COM MIDWESI' ASF'HAI-T CO. MIDWFST BUSINESS PRODUCT MIDWEST RADIATOR MILTON JOHNSON ROOFING MINAR FORD MINNEAPOLIS OXYGEN CO. MI NNESOTA BLUEPR I NT MINNESOTA CONWAY FIRE & MINNESOTA ELEVATOR MINNESOTA POL_ICE RECRUIT MI'.I CEL.I...UL..AR ONE MN MUNICIF'AI- BFZVERAOE AS MN SI'AI'E I'REAS BUIL.~ING MTI DISTRIBUTING I,IAT I ONAL GLJARDI AN NE OFFICE F'L_US I,IORDIC TRUCK PARI'S NOIRTI-41~]RIq SANITARY SUF'F'I..Y C)l--II_I N SSAL. ES OI...SON RADIATOR CO. OI...YMF'IC EL. ECTRIC CO INC F:'AT8 MATS F'AUS1'IS & SONS F:'EOF'I_IE WEEKL. Y F'IZF'S I--COL. A-'7 UF' PIEF~F:' PUBLICATIONS PFIIL. L. IF:'S & SONS CO/ED PLUI,IKETT'S, INC F'F~OF:'ESSI ONAL MAR KETI NG A RAPID GRAF'HICS &MAIL. ING ROBINSON L..AN~SCAPING INC SAI...I_Y DISTRIBUTORS SCFIE~F~E~F~ BROS LUMBER SERCO LABS SNAPF'Y SIGNS STRATEGIES FOR SUCCESS E;'¥1REIC)NER GUN'S INC/DON SUBURBAN TAXI CORPORATIO SUPERIOR PRODUCT SYNDISTAR INC SYSTEMS SLJF'F'LY INC. TAUTGES, REDF'ATH, & CO. , TI-.IOF~iNDI KE PRESS 'T'GWI4 & COUNTRY OFF'ICE CL '¥F~UGF~EEN CFIE]MLAWN 47612 135.00 47613 1,018.56 47614 61.73 47615 612.88 47616 79.76 47617 159..75 47618 15.45 47619 29..84 47620 99.84 47621 49..00 47622 69.50 47623 412..31. 47624 15.87 47625 510..00 47626 242.88 47627 74..35 47628 1,367.46 47629 13..75 47630 23.49 47631 199..16 47632 92..52 47633 75.00 47634 287.00 47635 20.23 47636 355.80 47637 84.27 47638 855.58 47639 19.73 47640 2,920.70 47641 60.71 47642 59.64 47643 3,035..48 47644 43.23 47645 37.60 47646 119.28 47647 96.00 47648 12.00 47649 ~,:0,,00 47650 125.66 47651 4,739.00 47652 392.38 47653 67..50 47654 398.38 47655 16,872.00 47656 241.00 47657 5,000.18 47658 36.21 BRC FINANCIAL SYSTEM 06/10/94 1.0: 5 BANK VENDOR Check History 06/13/94 COUNCIL- LIST CHECK NUMBER CITY OF COLUMBIA NEIGHTS GL540R-V04.15 PAGE 7 AMOUNT BAI,IK CI-.tE(]I<Ii'-IG ACCOUNT U S WEST CELLULAR UIqlFORMS UNLIMITED UNITED WAY VAUGHN/STEVEN VIKING CARF'ET CLEAN INC W & W GEIqERATOR REBUIL. DE W L. TRAF:'F:'IC; SLJPF:'L.Y W W GRAINGER WATSON AF'PRAISALS WIPERS & WIPES INC WOJACK WELDING SUPPLY WORKING SMART WORL.DWIDE CHAMB OF COMM 47659 47660 47661 47662 47663 47664 47665 47666 47667 47668 47669 47670 47671 980.86 1,089.58 25..56 3.10 215.00 81.20 417.48 207.91 700.00 68.16 54.25 57.72 29.00 865,335.50 ***