HomeMy WebLinkAbout1991 08-15 City Council & Manager MeetingCITY COUNCIL /MANAGER MEETING
Thursday, August 15, 1991
Maplewood Room., City Hall
3:00 p.m.
AGENDA
A.
CALL
TO ORDER
B.
ROLL
CALL
C.
APPROVAL.OF AGENDA
D.
1992.BUDGET
OVERVIEW
E.
DISCUSSION TOPICS
11
REVISED LEVY LIMIT AND LGA
2.
CITY MEMBERSHIPS
3.
FIRE DEPARTMENT CONTRACTS
4.
CONTRIBUTION TO FIREFIGHTERS' RELIEF ASSOCIATION
5.
SENIOR HOME SHARE PROGRAM
6.
APPROPRIATION FOR PROPERTY CLEAN UP
7.
SCORE MONEY" FOR RECYCLING
8.
USE OF.199.1 RECEIPTS FROM RECYCLING CHARGE
9.
USE OF CHARITABLE GAMBLING PROCEEDS
10.
TRUTH IN TAXATION REQUIREMENTS
11.
OTHER BUDGET - RELATED ITEMS
F,
OTHER
BUSINESS
G.
ADJOURNMENT
E-/
FILE HAM** 92LEVY
LOCATION: FINDIR, ASST, FIN. C: \123R22`BUDGET, CD 1 107
DATE PREPARED: 12- Aug -91
PREPARED BY: DF
PAYABLE 1992 LEVY LIMIT CALCULATION
PAYABLE 199:1 ' LE' LIMIT BASE
AW* FOR 1991 SPECIAL LEVY FOR FIRE RELEIF ASSOC.
GR W M AWUSTED LEVY LIMIT BASE
LESS 1992 LOCAL GOVERNMENT AID
LESS EXCESS 1991 TAX INCREMENT TAXES
PROJECTED INITIAL TAX LEVY LIFT
ESTIMATE ACTUAL DIFFERENCE
won
7
7
0
73,635
73,635
0
7
7
0
(686,439)
(655,883)
30,556
0
(21,839)
(21,839)
__ ww_. w__ w_____.___m_____rwww__w_ww__r_
6
6
81717
1992 BUDGET REVISIONS NEEDED:
1. Decrease the amount of 1992 estimated revenue for Local Government Aid, account 101 -3521, by $30,564.
2. Increase the anount of 1991 estimated revenue for Current Property Taxes, account 101 -3011, by $21,840
3. Increase the payable 1992 tax levy by $8,710 for the General Fund,
4 Increase the amount of 1992 estimated revenue for Current Property Taxes, account 101 -3011, by $8,470.
(Tax levy increase of $8,710 x 97.31 collection rate.)
r.
* (■
CITY PS
Municipal Legislative Commission
$.35 per capita
.35 X 31,000 = $10,850
City's portion of dinners
$500
Suburban Area Chamber of Commerce
$500
Assn. of Metropolitan Municipalities
$5,.747
Ramsey County League of Local Govt.
$1,350
(RCLLG)
League of Minnesota Cities
$11
(Building fund all paid)
Suburban Rats Authority
$2,625
Labor Relations Subscriber Service
$4,200
(thru AMM)
CPV (State)
$300
Minnesota Safety Council
$ 104
MAP (LMC Attorney's program)
$540
Local papers
$270
Dispute Yo
Resolution J �� � � ,t
Center.
265 Oneida Street., St. Paul, Minnesota 55102 612-292-7791
Au 9, 1991
Gretchen Mag] ich
Assistant City Manager
Cit of Maplewood
E. County Road B
Maplewood, MN 55109
Deal, Cr-etchen.. a
It was a pleasure to meet with you last month to discuss ways. the
Dispute Resolution Center can help the City of Maplewood and its residents.
As we discussed, the Center is seeking a $1000.00 contribution from Maplewood
and other simi'larly-populated communities in Ramsey and Western Washington
County. I have no doubt that the services we can provide.will save Maplewood
many times the amount we are asking for,
As you requested, I am providing information on the residences or places
of businesses of parties we served in the first six months of 1991. As you
can see, Maplewood had the second highest number of parties served. This
figure includes the City of Maplewood which participated in six cases (all
ambulance collection cases) at the Maplewood Conciliation Court. The
percentages in 1990 are very similar.
I would be happ to make a presentation to the City Council if you think
that.
is a good idea. I am also available to meet with department heads and
staff city
other to discuss ways that our dispute resolution services would be
&. I %f
helpful to you community.
I will call you in the next few weeks to discuss this matter further.
Thank you for this consideration,
sincerely,
ti
Jame's Levin
Executive Director
enc
R I -r,',ENCE OR PLC C OF BUS I NESS OF PART I E0-
January- 1, 1991 to June 30,, 1991
parties
percent
St .Paul
313
50,198%
ArdHlls
6
.98%
FalHts
6
198%
GemLake
2
33%
Lauderdale
3
.49%
Little Canada
5
.81%
Maplewood
32
5.12%
Moundsview
4
.65%
New Brighton.
12
1.95%
.North Oaks
4
.65%
North St. Paul
2
.33%
Roseville
21
3.42%
Shoreview
7
1.14%
White Bear Lake
24
3.91%
White Bear Town
8
1.30%
'Vadnal's Heights
7
1014%
..Oakdale
9
1.47%
South St.Paul
3
.49%
West St. Paul
.81%
Woodbury
.4
1.79%
. .Stillwater
2
.33%
..Newport
1
.16%
Inver Grove Hts
4
.65%
Other
105
17.10%
Unknown
18
2.93%
TOTAL
614
100.00%
� div are this center 's specialty
By Jean f1li imany =
Everyday, Jim Levin. usually finds himself in the
middle of a dispute at work.
Or so he hopes.
He works at the Ramsey County Dispute Resolution
Center, in the business of mediating claims that can't
or don't necessarily have to go to:court. 1
Since it opened in 1982, the center has been settling
disputes as common as neighbors arguing over hedges
creeping over fences.
Or maybe city_officials want to buy a chunk of land
an owner doesn't want to let go.
"We do mediating for tenants and landlords, for
neighbors who don't get along over pets, over hedges.
We help mediate zoning issues for cities so they can
avoid condemnation hearings that would cost a lot of
money," Levin said.
Levin practiced law before joining the dispute cen-
ter -- made up of two paid employees and more than 50
volunteers. I
"This is more fun ( than law) ," he said. "The neat
thing about mediation is that people are responsible
for making their own decisions. We're just offering
them a process. We're able to resolve communication
links."
People can use the dispute center to resolve a vari-
ety of different complaints, but decisions are not
legally binding, Levin said. Ramsey County residents
can use the center in place of small claims court for
disputes involving damages under $3,000, Levin said.
"Mediation is a voluntary process in which two or
more people meet with a neutral third party at a
WedneSdW
khan
:. ... .:ai:.:,...- .emu. :....' .........: .. ._ .. _ .. .... ( - .. .,. ....
probably be referring them there. There's a variety of
"M ediation is a voluntary process in possibilities we can use t
' p y hem for North added.
wh two or New Brighton city officials have long turned to
wht more people meet with a " enter mediators for help dispute c P with city tiffs, said
neutral third arty at a neutral place and City Manager. Dave Childs
i "We've used them several times to help resolve
convenient time We don't care i, f dis utes over hedges. They've gotten neighbors
• > > P � � g � � Y ' nite time the
n i g hts or weekends or whatever. together, he said. I know of one definite g p olice used them to help with a neighbor who had a
- -Jim Levin
noise complaint. The two neighbors met together and
were able to come to some kind of agreement."
The city has used the dispute center in lieu of taking
neutral place and convenient time. We don't care if its residents to court for condemnation hearings. It often
nights or weeke ds or whatever," Levin said.. "It's not works to settle disputes, he said.
li" t and who's wrong ." ke a fudge decides who s rgh g Soon, New Brighton city employees may get media
It generally takes about 90 minutes to mediate a tion training from Resolution Dispute Center volun-
decision — with the help of a well - trained volunteer. teers, he said. Then employees can soothe irate resi-
About 60 percent of clients the center tries to get dents who call the city with complaints, Childs said.
together to start the mediating process show up and Though mediated decisions are not legally binding,
about 85 percent of those cases are resolved, Levin people who use the process put their agreements in
said. Last year, the center handled about 500 cases. writing. And the decisions are often adhered to, Levin
Levin expects to mediate more than 600 cases this said.
year. Most people use the center before taking their cases
The center is funded by the state, cities, county and to court, which can be costly. And in cases such as
from several county social service agencies. hedge disputes, people with complaints have no legal
Because of its limited budget, it's sometimes hard boards to go to for resolving the issue, Levin said.
to publicize the center's services, Levin said. But, "I practiced law for several years and this is
more and more, cities are getting in on the process. definitely more fun," Levin said. "Being in law is We ve recently learned be-
d more about the Dispute ing in such an adversarial position. Here, we're genu
Resolution Center and are looking forward to doing inely helping people."
more business With them in the future," said Roseville The Ramsey County Dispute Resolution Center is
Assistant City Manager er Steve North. located at 265 Oneida St., St. Paul. For more informa-
"Any kind. of disputes between neighbors, we'll tion, phone 292 -7791.
June 2(i,1991--- ROSEVILLEIFALCON HEIGHTS
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Members of the alternative dispute resol
ution workshop panel were ( from
left . R . oger Williams,. New Brighton council member and mediator with the
State Office of Dis'ptite Resolution; Jame - Pro
sser, Richfield • manager;
Charles LeFevere, an attorne representin several cities, and Barry John-
son, Woodbur mana
or kshop sl benefi*.ts of 1. •
M over. liti at�.on *
9
The value of mediation as a help for coolin period and can work
cit y off caught in potentiall toward a solution some other wa
troublesome situations was examined Mediation also provides participants
durin a workshop conducted in a chance to take parl in an outcome
conjunction with the Association of that affects their lives , ,
Welsh said
Metropolitan Municipalities ( AMM ) explainin that Mediation Center
annual meetin Ma 30. research indicated eo ple who used
p
The -workshop was conducted b mediation "felt like the were listened
AMM Past President Larr Bakken, to."
and mediators Ro Williams of the The workshop was developed b
State off ice of Dispute Resolution AMM's Dispute Resolution Commit-
and Nanc Welsh of Mediation tee, co-chaired b Williams and Jim
Center in St. Paul. Prosser, Richfield Manager. The
Throu a role-pla exercise and committee was amon the recom-
panel discussions, workshop partici- mendations developed b the Mission
pants . discussed wa to introduce to and Hembership Services Task
city officials the concept of alternative Force.
dispute resolution, of which mediation
is one facet. Alternative forms of Members of the audience su
gested several ways to better publi-
z
dispute resolution such as mediation cie the existence of alternative
or arbitration provide cities with an m I methods of resolvin disputes.
option other than litigation when
faced with a problem, Amon the suggestions:
"You (city officials are not abrogat- Communit • mediation services
in authorit Williams told the group provide periodic reports to cities that
of about, 30. "People Are elected to can be reprinted in newsletters.
see that issues are res-oved, not to • l Additional trainin for police and
'resolve thern•$$ code enforcement personnel, who
Williams, a New Brighton council ma be called upon to eithor act as
member, also warned the officials to an on-the-scene negotiator or decide
wary ary of the term, "success," when wheth . er a matter ma be ripe for.
discussin mediation. "You ma not mediation. I
get the kind of success y ou were • e Document savin gained b
lookin for, but y ou ma achieve a usin an alternative to litigation.
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33
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Q O Q�
� Q O
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MMIWI
A �A P( C
y ' Prou.la, owner of the
and Paul Wille, rep -
the neighbors, agreed
heir problems to the
Iesolution Center.
Conciliation
(Continued from page la)
foul language, litter and miscon-
duct. Other nuisances such as
the high lights used for the
games at night also disrupted
their sleep and awoke their child-
ren, they said.
Over a perod of months, the
council and staff worked with
the Village Inn to reduce park -
ing problems by restricting
parking on Hoffman Road,
addressed noise problems by
conducting sound surveys, and
attempted to reconcile Prouix
and the neighbors.
Proulx installed additional
parking and substituted a mut -.
ed dunk call for the shrill whistle
used at volleyball games. He
noted that posts, had been
installed to prevent customers
from parking in the triangular
area across Hoffman Road, west
of the building but that vehicles
ontinue to use the remaining
- U tin M . n.
eco
nci
i ■
:x '
nci ia.
hiii - R�ethele
4 ve Edltor '
' .' ` frustrated 'council, dl s.
igd. y the faure o their
,te+tt attempts to resolve the
• , $ quarrel between
' Inn and some of its
a ,
. both sides
_ to get some outside
I.S U
! o,n .... in bar -d t.,
� t lt.>�tti� :`.'ft . t.14 , ••- '�%�4ii#►i�' ?� L:
The center ie a private; non- •,granWd:. permission
profit agency in St. P 4.It slie-� outdoor - reereationt ;h�bm f# .
ciallzes In mediating .:td tb 10:30 pm nd then W'��
between. neighbors, . businesses i6fi the cotidit on that :he ~" •
and ndi • '
hbcr s and othir s a. .
g ?� the nome.
M P4uiwe • Copnty. and 'the- east � - 'Wille • 9884 1
Metro ana. - ..mod sevral other io
The ° ikord b : aeve9ral • ou ='
months: ag age :' at . the' ul � aurati •. :
o when the Village � ar •`rest
Inn's condition use• ,' permit created eace'ssiv6 noise; it
came before the White Bear:. ° 9 pr lams at sight,
e 1Q1 ty ` Council for eview� .4o '' se to I t lnl* ql C* E
x' oulx had asked 'and been nnciliationj pd'g a
As
space on the boulevard, which is-
owned by the county. Proulx
said that he has hired security
personnel to direct traffic and
that there has been considerable
improvement in the litter pro6-
lem.
. die invited council members
to ;witness the games" and "to
see for yourself" if there are any
problems. "I'll supply chairs,
cookies and coffee," he offered.
Wille acknowledged some of
the problems had been cleared
up but that recently there had
been instances of loud music and
that volleyball games have con-
tinued late at night after the
"big fight ; go out, " He said
problem s with noise, tights and
parking still continue.
Community Development
Director Jim Robinson told the
council that "daytime noise is
not a problem; night noise is."
He said that noise readings had
indicated the level was four 'to
five decibels over the acceptable
standards, "about half again as
loud as if it had just met the
thresholds."
City Manager Mark Sather
told the council that a request
made last month by another
neighbor for additional fencing
between the Village Inn and his
property, to prevent patrons
from walking through his yard
and creating litter, could not be
implemented. The city ordi-
nances do not require the Village
Inn to install fencing in that
location because it is zoned for
commercial property.
C +ouneilrnember Pattie
Butcher, Ward 1, suggested
Wille and Proulx "go to conc' 'a=
tion" and the council advised
them to investigate the Dispute
Resolution Center.
i
`FILE NABS: FIRE92
LOCATION: FINDIR, C: \123R22 \RISC; FINDIR DISK t11
DATE.: 12- Aug -91 13 :01
PREPARED BY: DF
PROPOSED 1992 FIRE DEPT, PAYNWS COMPARED TO 1991
*Parkside Fire Department representatives indicated on 7 - 31 - 91 that they
will make a luhp sun payment to the City of $4,4.80 at the end of 1991 if
they have sufficient money available. This amount represents 2% of their
1991 contract amount.
ORIGINAL
PROPOSED
1991
1991
1992
1992
BUDGET
www�rwwwwwwwwwwrwrrwrwwrw--
2 CUT
BUDGET
REQUEST
BUDGET BASIS FOR 1992 BUDGET
GLADESTONE
329,920
(6
w�rrwrwwwwwwwwww�wwwrwr�wwwrwswwwrwwwrwwwwwwrwwrwwwrww-
323,320
334,260
rwwrrwwwwwwwwrwww
333,990 3.3t inc over the anen 1991 budget
PANSIDE*
224,010
0
224
233,680
226,770 1991 contract amount less 2.0% times 1.033
EAST OOURTY LINE
288,660
rrrw�rrwr�r
(5,775)
, rrrsrrrr.
282,885
rr s.�rrrsswrararrt�wswr�rwra�w
292,220
292,220 3.3$ increase over the anended 1991 budget
-w
SUB -TOTAL
842,590
830,215
860,160
852,980
RELEIF ASSOCIATION
70,420
awwwwrwwwwr
0
wwwwwww•
70,420
-w
72,493
wwwwwwwwwww�wwwww�wr
70,420 1991 budget mount
TOTALS
913,010
9OO
932,653
923,400
A000UNT 00DING FOR PAYXENTS:
TOTALS
913,010
900,635
93.2,553
923,400
101 -403 -4480
76,400
w w rwwwwwww w
w
76,400
ww ws ww ww "w ww
78,920
ww w rw r rwww
78,920
rw r wrw w meow
101 - 404 -4480
836,610
824,235
853,733
844,480
*Parkside Fire Department representatives indicated on 7 - 31 - 91 that they
will make a luhp sun payment to the City of $4,4.80 at the end of 1991 if
they have sufficient money available. This amount represents 2% of their
1991 contract amount.
MEMORANDUM
TOO* City Manager
FROM Director of Community Development
SUBJECT; senior Home share Program
DATE: June 28,,1991
You asked for some information on the senior home - share program.
Maplewood started participating in 1986. The City'.s cost that
year was $2820. The cast has fluctuated since then depending on
the availability of grants and fees . The program administrator
iS estimating.that the City's cost for 1992, will be $3,000. He
does not believe that their program will receive any grants in
1992. The following is a.financial history:
Year City Is gbare
1986 $2820
1987 1771
1988 0
1989 1002
1990 1002
1991 0
1992 3000
There have been 12 matches between January 1, 1986 and May 1,
1991. The average is 2 -3 each year If the cost rises to $3000
for 1992, the cost per match would be $1500 to $1000.
go /senior
August 9, 1991
Mike McGuire, City Manager
Maplewood City Hall
1830 E. COUNTY Rd, B
Maplewood, MN 5.51019
OLDER -ADULT HOME -SHARE BUDGET LINE. ITEM
Mike, please share the following information with the city council
members at your Monday, August 12 meeting.
On August 7, 1991 the city council appointed Maplewood Seniors and
Others with Special Living Needs Committee was asked to make a
recommendation to the city council regarding the Older -Adult Home-
Share budget line item. Since there is no entitlement grant money
available, . the participating cities have been asked to "kick in" their
.fair share with Maplewood's being $3000.00. The committee was
unable to issue a recommendation at this time due to the lack of a
quorum and the lack of time to thoroughly study the issue. A motion
was made by me, seconded by Lorraine .Fischer and passed by the
committee that the Maplewood Seniors and Others with Special
Living Needs Committee ask the city council to defer action on the
Older -Adult Home -Share budget lire item until a later date. This
Issue ..will be considered at our September 11, 1991 meeting and a
recommendation made to the city council at that time.
Thank you for your help with this matter.
PATRICIA M. SVENDSEN, SECRETARY
MAPLEWOOD SENIORS AND OTHERS WITH SPECIAL LIVING NEEDS
cc. Kenneth Roberts
t _ • E
'I M
1 ,
A
e�
MEMORAxDUM
To: City Manager
FROM: Environmental Health Official
SUBJECT: 1992 Budget - Clean - up Money
DATE: August 12 1991
INTRODUCTION
The Council requested that staff prepare a report on budgeting
money to clean up.troubled areas. This came up because ofthe
problem at the Pipkorn Manufacturing Building (.20'5,5 White Bear
Avenue) An insurance company.foreclosed.on.the property and the
owner left a sizeable amount of junk vehicles, trash and debris
on the site. Because of legal problems , it has been difficult to
get someone to.clean.up the mess. The insurance company.has
cleaned up part.of the' mess around the building. Because of the
amount of junk, there is not enough money budgeted to hire
someone to'clean it up without using.thecontingency account.
Another that the Council brought up is the abandoned
house at 1186 County Road C.
DISCUSSION
Cl -up Ma. ney
The Pipkorn problem is unusual. I have been with the City for
twelve years. This is. the first time that I have needed to hire
someone to clean up the amount of junk there is at the Pipkorn
Bu ilding. I usually only need to hire someone to cut weeds or
tall.grass. I,can have the work done and request that the
Council include the cost on the owner's property taxes. The $500
in the 1992 budget should cover the cost for weed and tall grass
cutting.
Large clean -up expenses like Pipkorn occur so infrequently that
the City should not tie up large amounts of money for this each
year. The City could spend this money for other purposes. When
a Pipkorn - type problem comes along, the City can use its
contingency funds.
Hazardous 8uildin Removal Money
The City removes an 'average of one hazardous building each two
years. These buildings are usually the result of fire damage.
In these cases, the City does not purchase the property. We get
a court order to remove the building. The average cost to hire
someone to remove a building is $4,000 to $5,000. The City has
relied on the contingency account for this money. The City
should reserve the conti ngency account for unexpected expenses
and budget $2500 each year to remove these buildings.
Bui lding P,uurch_.. Money
The City also has problems with abandoned, burned or deteriorated
buildings that the Building Code does not consider hazardous.
Please read the attached memo which describes this problem in
more detail. If an abandoned building is boarded up and
structurally sound, it would not meet the State's def inition of a
hazardous structure. This means that the City cannot condemn it
and the structure. The. building may sit abandoned for
years, causing a blight on the neighborhood. As the attached
memo indicates, we also have regular complaints about a few
occupied homes that are deteriorated.
A s olution to this problem would be for the City to budget money
to buy the property. The City could then demolish or
rehabilitate the structure and resell the property. The Fin ance
Director told me that, . the City would have to fund this from the
general fund or tax - .increment financing (TIF). If City u TIF
money,.we probably have to contract with a private developer
to buy the property and do the work. The problem with TIF money
is that the City has reserved it,for the possible construction of
a community . center. Whatever the source of funds I recommend
budgeting $55,000 for the first year. This should be enough to
buy and remove or rehabilitate one deteriorated property. I
would bring back a. recommendation on a specific property to buy
for Council approval.
RECOMMENDATION
Con sider the following in the 19 9.2 budget:
1. Add $2, to -account 101 704 - 4480 (fees for service) for
the removal of hazardous structures.
2 0 Add $55,000 to account 101 - 704 -4710 (land purchase) for the
purchase and removal or rehabilitation of a substandard
property.
9
�8
A
jl /CLEANUP (7.4 1992 Budget)
Attachment: 1989 memo
& MEMORANDUM
.TO: Ll i r1% e c t n- r o . C n m ni u ri i t y 1) e v e 1 ) in P. i i
Fr-OM: Environmental Hea*lth Off icial
SUBJECT: Elimination of Elilapidated HO Ll S ERR SIP
DATE: Jane 15., 1989
Ever y ear the Cit gets numerous comp aints on on or more
d i 1 ap ida. ted hOUses When these houses have reached a certai r*1
level of deca and dis the neighbors seem t join for
and bombard the Cit with complaints. Our housing code shOL11 :1
hr---�ndle these problems, but unfortunatel it does not work in m
instances, such as when the propert is abandoned i n the middl
0•f a + o 1 0SUre or when the owner doe not have an mn- ne to
make the repairs. When this occurs, the Cit is left with
problem that will not go awa ProseCUting the owner of record
has I been ineffective in most cases. Condemnation is al most
impostible Unless the structure 1*5 bUrne-d or literall f8llinf4.
down*
I wDul • de+ i ne thesse d i 1 ap i dated hOUSeS as meet t i n q- most of thr
-
following ci,-%iteria:
1. The hot-trSes rare LISLIall old, and in ver br--Ad dis;rrrpail-%
thip-%ough negl ect
20 Because of their age and' condition, the are worth less tha.n
the cost to repair them.
3. G-1-Llite often the are lack- ing. the workinq bc-Asic
(water and sevier).
4. The are a constant Source of complaints from neighbors ;And a
blicjht on the neighborhood.
Some e-,xr amp les of these are 1909 Count Road B, 1343 1 .mart , rind
2793 Ha el wood (See photos Tr alI unoccupied) .
Now that I have def ined the probl em I WOUI d I ilee to 5LAC-;9VS--)-L - A-
sol Lit ion If the Cit were to set Lip a special hOLISirig fLli--id,
could purchase just one of these houspe; each y t*c-.Ar, hr-.AvP it torn
down, and sell. the lot for redevelopment. Other ci sit.-t0i zAv.;
Robb insdale have used a similar program in the past to
.1 '
successful7y upgrade their housing stock. It i s an I y m intei
to obtain these- houses if the are sold voluntaril or% obtr--A1*nr-?d
when unoccupied. The ' Cit would not want to be in the position nf-
-Forcing someone Out of their home. If we could fund the program
t take care of onl one house a y ear, we W 0 U I d p r o b an h I y b r ah I
to tc- Ake care of the most severe problems.
f
i
I WOLA1 d rec::c)mmend that the City considPr thin P1 Girl ca -, i. rlr,
LA r:) r a cl e its E ?:•: istin hOUSing stOcl caf1d as ra fTtpdr1s to f: ?1 j 111i •t:f''
these prob l em hOUses .
RW /njm
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PROPOSED PER CAPITA DISTRIBUTION OF SCORE FUNDS 1992
MUNICIPALITY
---_--__-._--_--_---------------------------.----._--_----
POPULATION('90)
% OF TOTAL
SCORE ALLOCATION
Arden Hills
9199000
1.89
�. moo 0� mow sum �.�_�.�_.._.�.,.____
$ 1894116
Falcon Heights
5380.00
1011
11077.. 66
Gem Lake
439.00
0009
903.92
Lauderdale
2700.00
0.56
5559.42
Little.Canada
8971900
1.85
18471.69
Maplewood
30954.00
6.37
63735.68
.Mounds V
12541900
2,v58
4 9
New Brighton
22207.00
4..57
45725 :06
.Forth Oaks
3386.00
0.70
671.933
North St Paul
12376.00
2.55
25482.74
Roseville
33485.00
6.89
68947.13
Saint Anthony
2577.00
0.53
5042960
Saint Paul
272235000
55099
560544.16
Shoreview
24587.00
5.06
50525.74
Tad nais Heights
11041.00
2.27
22733.92
White Bear Lake
24704000
5908
5
White Bear Twp
9424.00
1.94
1
Total.
486.206.00
.100.00
$1,000
7/31/91
:.
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C pCsltll I IlPC �
L I eK
MEMORANDUM
TO: City Manager
FROM Environmental Health Official
SUBJECT: Us of Recycling Education Money
DATE: August 9, 1991
INTRODUCTION
On August 1, th City Council directed staff to prepare a list of
ways to use the money the City is collecting on the
sewer bills. The Council should discuss this at their August 15
budget meeting.
BACKGROUND
The city started collecting the recycling fee on January .1, 1991
for unspecified recycling education projects. The City is
charging $4 each year for each housing unit and business. The
City has not yet spent any of this money recycling education.
The.Finance Director is projecting that the City will collect
$48,390 in 1991. This is far more than the C ity ha spent for
recycling education in previous years. The City has spent from
$1400 to $3700 each year for education items such as flyers,
brochures and yard signs. The County repays the City for these
expenses through 1991. The City will have to pay for these costs
after 1991. The Council has not yet decided how much to charge
for recycling education in 1992.
DISCUSSION
The possible uses for the recycling education money are:
10 Funding part of the 1992 „curbside, collection program_ In
the 1992 budget, you are proposing to use the 1991 surplus
education money to reduce the recycling charge in 1992 for
the curbside collection program. This would leave $15,120
for educational uses. (See the attached budget for the
recycling program fund . )
2. Special recycling issue of Maplewood in Motion. Mayor
.Bastian has suggested having a special recycling issue of
the Maplewood in Motion. The cost would be between $4,000
and $8,000, depending on the number of pages. This would
save us the $1300 - - have -included in the 1992 budget for a
flyer at the end of the year. This flyer would include the
list of recycling pick -up days for 1992.
3. Grants to ,Maplewood schools_ We can give grants to the
Maplewood schools that would use the money for recycling
education programs. The schools could use this money for
educational materials or speakers.
4 0 Purchase bins for future new homes Our purchase of
recycling bins did not include a surplus for future new
single dwellings. We could spend $2500 and purchase 500
bins at $5 per bin.
5 o Recycling bins ,for rental dwellings.. We have received some
calls requesting recycling bins for :rental dwellings. These
are primarily townhouses with curbside pick -up. Most
apartments have a common collection area. In the initial
purchase of bins, the City decided only to provide the bins
for owners - occupied dwelli gs. We felt that in rental
dwellings there would be a high loss of bins with the
turnover of renters. For this reason, I still do not feel
it practical to provide bins to rental dwellings.
RECOMMENDATION
Budget the money proposed in the 1992 budget to reduce the
curbside collection program costs. Use the balance of $15,,120
to:
16 Publish a special recycling issue of the Maplewood in
Motion.
2 0 Give small grants to City schools for recycling education
programs.
3 Purchase some recycling bins for new homes.
ji/RECYC*MEM (7.4 1992 Budget)
Attachment: 1992 budget page
�r � t�rrrw Mrrrr r..� �rrr.� •u.rw.r ..., --WNWy
a
•
CITY OF MAPLEWOOD, MINNESOTA
RECYCLING PROGRAM FUND
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
1991 1992
ACCt. 1989 1990 ORIGINAL MGR. ADOPTED
NO. ACTUAL ACTUAL BUDGET RE -EST. PROPOSED BUDGET
. � .. • .... it . ... . . ....... r . • .. • ...... - ....... • .. • - ... r r . r • • .... r .....r ........r • . - - - • ......... - ...... - r • s � . - .
Charges for Service:
-r.... r..wr -- - - .w D
3534 County - other grants s0 so $0 $22,230 G ♦ �
Z
3781 Recycling charges 0 0 36 48 109 y it , Z G D
r'�
3801 Interest on investments 0 0 0 2 2
3804 Sale of property 0 0 0 17,500 0
Tot Revenues 0 0 36,000 90, 420 111
Expenditures:
4120 Program supplies 0 0 0 35 1,300
4480 Fees for service 0 0 36,000 0 1500000 G
4930 Interest management fees 0 0 0 150 150
------•------•-------•---•---••--•------•--•••_----•---
Total Expenditures 0 0 36 35,150 151,450
Excess (deficit) of revenues
over expenditures 0 0 0 55 (40
Fund Balance - January 1 0 0 0 0 55,270
Fund Balance r December 31 s0 s0 $0 355, 270 615,120 / af0t / V Jc 01 P v!h !> 4
1 e X00CY f(401"
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BANNIGAN &KELLY, RA
Mr. Daniel Faust
Finance Dir ector
Maplewood City Hall
1830 East County Road B
Maplewood, MN 55109
Re: Lawful Gambling - IO% Contribution
Dear Mr. Faust:
c -9
FAX (612) 223-8019
Pursuant to your telephone conversation, a municipality m ordinance r
y q
organi p y y , zations conducting lawful gambling within its jurisdiction to contribute 10% of their net
profits derived from lawful gambling to the City.
y
1) The contribution to the City is not considered a tax under Minn. Stat. §349.212;
2) The City must establish an ' administer of funds for the disbursement of these
receipts generated as a result of the contributions;
3) The municipality may not assess a cost for administering the fund; and
. g
4) The municipality may only use the proceeds of the fund for a lawful p � u ose.
Minn. Stat. §349.212, Subd. 1 states, in p art:
"A statutory or home rule charter city or county may not require an organization
conducting lawful gambling within its jurisdiction to make an expenditure to the
city or county as a condition to operate withi y y except the city or count t as
p
authorized under §349.16, Subd. 4 or §349.212, provided, however, that an
ordinance requirement that such organizations must contribute 10% of their net
profits derived from lawful gambling to a fund administrator and regulated b
� y
the responsible local unit of government without costs to such fund, for
dispersement by the responsible local unit of government of the receipts for
i g p
lawful purposes, s not considered an expenditure to the city or county nor a tax
under §349.212 and is valid and lawful."
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
S TH AND CEDAR
SAINT PAUL, MINNESOTA 55101
(612) 224 -3.781
.JOHN F. BANNIGAN, JR.
PATRICK J. KELLY
JAMES J. HANTON
.JANET M..WILEBSKI
JOHN W. QUARNSTROM
July 15, 1991
Mr. Daniel Faust
Finance Dir ector
Maplewood City Hall
1830 East County Road B
Maplewood, MN 55109
Re: Lawful Gambling - IO% Contribution
Dear Mr. Faust:
c -9
FAX (612) 223-8019
Pursuant to your telephone conversation, a municipality m ordinance r
y q
organi p y y , zations conducting lawful gambling within its jurisdiction to contribute 10% of their net
profits derived from lawful gambling to the City.
y
1) The contribution to the City is not considered a tax under Minn. Stat. §349.212;
2) The City must establish an ' administer of funds for the disbursement of these
receipts generated as a result of the contributions;
3) The municipality may not assess a cost for administering the fund; and
. g
4) The municipality may only use the proceeds of the fund for a lawful p � u ose.
Minn. Stat. §349.212, Subd. 1 states, in p art:
"A statutory or home rule charter city or county may not require an organization
conducting lawful gambling within its jurisdiction to make an expenditure to the
city or county as a condition to operate withi y y except the city or count t as
p
authorized under §349.16, Subd. 4 or §349.212, provided, however, that an
ordinance requirement that such organizations must contribute 10% of their net
profits derived from lawful gambling to a fund administrator and regulated b
� y
the responsible local unit of government without costs to such fund, for
dispersement by the responsible local unit of government of the receipts for
i g p
lawful purposes, s not considered an expenditure to the city or county nor a tax
under §349.212 and is valid and lawful."
if {$
Mr. Daniel Faust
Page Two
July 15, 1991
The required contribution may not exceed 10% of the organizations net profits. Net
profit is defined in Minn. Stat. §349.12, Subd. 13a. as:
"Net profit" means gross profit less reasonable sums actually expended for
allowable expenses.
Any money collected by local government pursuant to the statutory authority must be
deposited in a special fund controlled by the municipality or county. The monies received
must be distributed by the local governments for lawful purposes which is defined in
Minnesota Statutes §349..12, Subd. 11 (a):
"Lawful purposes" for purposes of review, you should study Minn. Stat. §349.12,
Subd. 11 providing the statutory language for la =%vful purpose.
The Minnesota Department of Gaming recommends that municipalities which require
a 10 % fund contribution establish a procedure with objective standards for distribution of
these funds. Some cities establish a "review committee" to evaluate proposals from various
sources. The committee consists of city staff, senior citizens, human .services departments, and
the like. The committee makes recommendations to the city council, but the city council
ultimately decides which organizations will be given monies from the 10% fund.
Most cities with an extensive fund to manage set up an application system, a review
systems and evaluation standard so as to avoid unequal treatment and to parcel the monies
on an appropriate basis.
Setting up a procedure with objective standards and a committee for recommending
the use, and administrating the fund is a time consuming and expensive proposition. Large
cities which take in contributions from many organizations have a large enough fund to justify
the cost and have enough human service programs in their city to distribute the monies.
Typical types of lawful purposes for which funds are used are:
1) Contributions to family in poverty or homeless;
2) Persons with physical or mental disabilities;
3) Accredited public or private educational institutions;
4) Scholarship funds for individuals (must be an open and fair selection process);
5) Veterans organizations;
6) Humanitarian organizations;
7) Recreational, community and athletic activities (within the guidelines of the
statutes);
8) Youth and family counseling;
9) Services to victims of domestic violence (providing employment, daycare,
transportation and housing);
•
IL Is
Mr. Daniel Faust Page Two July. 15, 1991
10) Transportation services for the - elderly, disabled and law income;
11) Independent living services for senior citizens;
12) Subsidized daycare for persons with low incomes who do not qualify for state
and. federal assistance;
13) Sports for youth under the age of 21.
Opinion of Attorney General No. 733 July. 29, 1988.
1) The City of Cloquette proposed to set up a non - profit corporation with the
directors to be residents appointed by the city council. The corporation would receive the
10% gambling receipts and use the funds for local recreational programs and construction of
public buildings. The attorney general noted the lack of explic't authority for the city to
create a non - profit corporation for purpose of financing local recreational activities and
facilities or for the purpose of carrying out general governmental functions.
The attorney general concluded that "the City of Cloquette cannot require an
organization to contribute directly to the city for the purpose of funding any activity or
.government function. The city does, however have the authority to identify one or more
specific Lawful purposes as defined in §349.12 and in part and Minnesota Rules Part 760.001,
Subd. 16 to which the 10% of the net profits must be directed. Their analysis of the lawful
purpose doctrine direct your attention specifically to paragraph 7 of Minn. Stat. §349.12 which
indicates funding may be for recreational, community and athletic facilities and activities and
intended primarily for purposes under 21. An - interpretation would be funding for
Maplewood's athletic programs, however, this is a contradiction to the Attorney General
Opinion of July 29, 1988. Specifically Paragraph 10 of §349.12 states as follows
" (10) a contribution to the United States, this state or any of its political
subdivisions, or any agency or instrumentality thereof other than a direct
contribution to a law enforcement or prosecutional agency . ."
I believe, based on that interpretation that the committee or council could direct
proceeds to programs within the City. This would appear to be a direct violation of the
Attorney Generals Opinion. I would request permission to ask the Attorney General whether
or not our interpretation pursuant to §349.12, Paragraph 10 is correct.
Bloomington has taken the position that receipts cannot be deposited into the general
fund and used for local governmental purposes. The City of Bloomington basicall y transfers
their contributions to human services for residents. I believe that strict interpretation of
§349.12, Paragraph 10 would allow contributions to be directed to the City of Maplewood.
Mr. Daniel Faust Page Two duly 15, 1991
A conservative approach of course is to focus in on contributions that are addressed
in Paragraphs 1 through 6.
Sincerely yours,
BANNIGAN & KELLY, P.A.
Patrick I Kelly
PJK:ks
r
B &,MLLY, P.A.
s
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
STH AND CEDAR
SAINT PAUL, MINNESOTA 55101
(612) 224.3761
JOHN F. BANNIGAN, JR.
PATRICK J. KELLY
JAMES J. HANTON
JANET M. WILEBSKI
JOHN W. QUARNSTROM
July 29, 1991
Mr. Tom Anelzc
Director
Gambling Control Division
1711 West County Road
Roseville, MN 55 i 1�
ED
FAX (6 12) 223 -8019
Re: Lawful Gambling /Municipal Distribution for
Lawful Purposes
Dear Mr. Anelzc:
Please be advised that this law firm • d
represents the City of Maplewood. Pursuant
to
Minn. State §349.213, Subd. 1, Maplewood requires that lawful •
gambling organizations
contribute 10 percent of their
net profits derived from lawful amblin •
required by .statute, those funds g g to the city. As
are then intended for disbursement b y the city for lawful
purposes. b
Minn. State §349.12, Para rah ��
g p 1Q defines lawful purpose" to include:
"a contribution to the United States this state or any of its olitical subdivisions,
P sions,
or any agency or instrumentality thereof other than a direct contribute
enforcement or p rosecutorial a on to a Taw
P agency
It on th e above- referenced statutory , lan a e
Maplewood is authorized to des is my legal opinion based u �' • gu g that the City
burse those funds for vari muni � t •
and r cipal pro, inc!udun
of g,
but not limited to,
' Parks recreation and .various city centers and activities. '
ty
Please advise me immediately
y if you believe that I have incorr
language, ectly construed the
above- referenced statutory
Sincerely yours,
PJK.- g
c Michael McGuire
Daniel Faust
A &KELLY, P.A.
4
J. lly
CALENDAR FOR PROPOSED PROPERTY TAXES, PUBLIC HEARINGS AND
FINAL PROPERTY TAXES FOR PAYABLE 1992
ON OR BEFORE AUGUST 1, 1991 The county auditor notfies the dark of each
_ school. district within the county of the dates that
the county board has selected for its public
hearing and for the continuation of its hearing, if
necessary.
ON OR BEFORE AUGUST 15, 1991
Each school board certifies to the county
auditors of the counties in which the school
district is located the dates that R has selected
for its public hearing and for the continuation of
its hearing, if necessary. If not certified by this
date, the county auditor will assign the hearing
date. The dates for the school district hearings
must not conflict with the county hearing.
ON OR BEFORE AUGUST 20, 1991
ON OR BEFORE SEPTEMBER 3,1991
ON OR BEFORE SEPTEMBER 3, 1991
The county auditor notifies the clerk of each city
within the county of the dates on which the
county and school districts will be holding their
public hearings or continuations of their hear-
ings.
Each city certifies to the county auditor the dates
that it has selected for its public hearing and for
the continuation of its hearing, if necessary. If
not certified by this date, the county auditor will
assign the hearing date. The date for the city's
hearing or for the continuation of its hearing must
not conflict with the hearing dates of the county
or of the school districts in which the city is
located. All cities, regardless of their population,
must hold public hearings on their proposed
property taxes.
Each "taxing authority" other than a school dis-
trict adopts a proposed budget for 1992. Each
"taxing authority" including a school district cer-
tifies its proposed (or, in the case of a town, its
final) .property tax levy for payable 1992 to the
county auditor. "Taxing authority" includes all
counties, all school districts, all cities regardless
of their population, all towns and all special taxing
districts. No local units of government are ex-
empted from this requirement.
(Over)
ON OR BEFORE NOVEMBER 8 1991
NOT LESS THAN TWO BUSINESS DAYS
NOR MORE THAN SIX BUSINESS DAYS
PRIOR TO THE PUBLIC HEARING
In all counties except Hennepin,. Ramsey and
St. Louis, the county auditor .prepares and the
County treasurer delivers a generic notice of
proposed property taxes by first Bass mail to
each property owner at the address listed on the
county's current year assessment roll. The date,
time and place. for the. scheduled public hearings
for the county, school district and city (if the
property is within a ary) will be shown along with
other information. In Hennepin, Ramsey and St.
Louis Counties, the county auditor prepares and
the county treasurer delivers e parcel specific
notice of proposed property taxes to each
.property owner. .Except for being parcel
speck, the content of this notice is similar to the
generic notice. The Department of Revenue is
to prescribe the form of generic or parcel specific
notice to be used.
Counties, school districts and cities over 1,000
in population advertise their public hearing in an
official newspaper of general circulation within
the taxing authority. Cities of 1,000 population
or less must post their notice in the three most
public places within the :taxing authority. Both
the publishing and the posting procedures are
subject to specific requirements as to content,
presentation and newspaper selection (or post-
ing place). The advertisement must give notice
of the taxing authority's intent to adopt its pay-
able 1992 property tax (and, in the case of a
county or city, its payable 1992 budget) at the
public hearing. Towns and special taxing dis-
tricts are exempt from this publication or posting
requirement.
NOVEMBER 15 THROUGH DECEMBER 20, Counties, school districts and cities hold their
1991 public hearings and adopt their final payable
1892 property taxes (and, in the case of counties
and cities, their final budgets) at the hearing.
AT LEAST FIVE BUSINESS DAYS BUT If the public hearing is not completed on its
NO MORE THAN 14 BUSINESS DAYS scheduled date, the taxing authority must an-
AFTER THE PUBLIC HEARING pounce, prior to adjournment of the public hear-
ing, the date, time and place for the continuation
Of the hearing.
}
N OR BEFORE 5 BUSINESS DAY
. S
AFTER DECEMBER 20, 1991
Counties, school districts, sties special
taxing districts certify their final adopted property
taxes to the county auditor. (Towns certify their
final property taxes by Se ptember 3, 1991 The
final property tax .:certified by a county, school
.. district or _city ,_cannot.. exceed its proposed
.property tax except for several exemptions
authorized for events occurring after the
proposed property tax was certfied. If e town
board modifies the town's final property tax at a
special . town meeting after September 3, the
town board must recertify . its modified .property
tax at this time. If a county, school district, city,
town or special taxing district has not certified its
final property tax by this time, its property tax
shall be the amount levied by it in the preceding
year.,
3