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1977-12-20 CC Agenda Packet CITY OF MOUND Mound, Minnesota AGENDA CM 77-354 CM 77-356 CM 77-357 CM 77-358 Mound City Council December 20, 1977 City Hall 7:30 P.M. Minutes Pg. 1310-1312 Parking Variances Pg. 1307-1309 Comments and Suggestions by Citizens Present (2 Minute Limit) Skating Rink Lights Pq. 1305-1306 Police Car Bids Pg. 1301--1304 1977 Budget Pg. 1299-1300 (Will be sent Monday) Discussion - Multiple Dwelling Ordinance Pg. 1229 & Attachments(Bring your copy) Transfer of Funds Information Memorandums/Misc. Pg. 1259- 1298 Committee Reports ~IERRY CHRISTMAS! 191 REGULAR MEETING OF T~IE CITY COUNCIL December 13, 1977 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on December 13, 1977 at 7:30 p.m. Those present were: Mayor Tint Lovaasen, Councilmembers Gordon Swenson, Robert Polston, Orval Fenstad and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curtis Pearson and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of December 6, 1977 were presented for consideration. Fenstad moved and Swenson seconded a motion to accept the minutes of the Council meeting of December 6, 1977 as presented. The vote was unanimously in favor. CONTINENTAL TELEPHONE - ATTORNEY REPORT The City Attorney reported on the outcome of the client-attorney meeting held prior to the Council meeting regarding the Continental Telephone litigation. Swenson moved and Lovaasen seconded a motion RESOLUTION 77-551 RESOLUTION DIRECTING THE CITY ATTORNEY TO PROCEED WITH THE LITIGATION ON THE CONTINENTAL TELEPHONE CASE REFLECTING THE DETERMINATION OF THE COUNCIL TO AGREE TO TERMINATE SAID LITIGATION UPON CERTAIN AGREED TERMS. Upon roll call being taken thereon the council was recorded as voting as follows: Fenstad - Aye Polston - Aye Lovaasen - Aye Swenson - Aye Withhart - Aye ~ moved and~l~L[.t.I;~ seconded a motion RESOLUTION 77-552 The vote was unanimously in favor. RESOLUTION COMMENDING THE CITY ATTORNEY FOR THE PROFICIENCY HE DISPLAYED IN HANDLING THE CONTINENTAL TELEPHONE CASE. REQUEST FOR WATER - SEWER - STREET - KILDARE ROAD The Council briefly reviewed the memo from the City Manager 'regarding a request for installation of water, sewer and street improvements on a portion of Kildare Road. Swenson moved and Withhart seconded a motion RESOLUTION 77-553 RESOLUTION DIRECTING THE CITY MANAGER TO REQUEST THE CITY ENGINEER 50 A FEASIBILITY STUDY ON REQUESTED IMPROVEMENTS. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Jim Whitesell, writer for The Laker expressed his personal appreciation for the action the City took in pursuing the Continental Telephone case on behalf of all citizens of Mound and Maple Plain. URBAN CORPS CONTRACTS Withhart moved and Polston seconded a motion RESOLUTION 77-554 RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMETN FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CITY OF MINNE- APOLIS AND THE CITY OF MOUND. The vote was unanimously in favor, i~.~.~ '} ~ December 13, 1977 192 POLICE SERGEANT Swenson moved and Wi thhart seconded a motion RESOLUTION 77-555 The vote was unanimously in favor. MULTIPLE DWELLING ORDINANCE RESOLUTION TO AMEND RESOLUTION 77-453 TO REFLECT CERTAIN CHANGES IN THE-EST- ABLISHING OF WAGES, SALARIES AND WORK- ING CONDITIONS FOR 1978 AS THEY AFFECT POLICE SERGEANTS SALARIES. Fenstad moved and Swensor seconded a motion RESOLUTION 77-556 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE MULTIPLE DWELLING ORDINANCE FOR JANUARY 24, 1977 AT 8:30 P.M. WITH A COUNCIL DISCUSSION MEETING ON THE ORDINANCE TO BE HELD ON DECEMBER 20,1977. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 77-557 The vote was unanimously in favor. BINGO PERMITS RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO CONTACT THE F.H.A. REQUESTING A TIME EXTENSION ON BEHALF OF BEACHSIDE DEVELOPMENT COMPANY. Withhart moved and Swenson seconded a motion RESOLUTION 77-558 The vote was unanimously in favor. TUXEDO EASEMENT RESOLUTION AUTHORIZING ISSUANCE OF A BINGO PERMIT TO OUR LADY OF THE LAKE CHURCH AND WAIVING THE FEE AND BOND REQUIREMENT. Swenson moved and Polston seconded a motion RESOLUTION 77-559 The vote was unanimously in favor. TRANSFER OF FUNDS RESOLUTION AUTHORIZING PAYMENT FOR AN EASE~ MENT FOR TUXEDO BOUL;ZVARD CONSTRUCTION FOR LOTS 18 AND 19, BLOCK 7, PEMBROKE IN THE AMOUNT OF $852.50. Swenson moved and Fenstad seconded,a motion RESOLUTION 77-560 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Swensen moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of $68,78i.24 where funds are available. Roll call vote was unanimously in favor. So carried. INFORMATION MEMORANDUM 77-211 - CITY LIMITS SIGNS Swenson moved and Polston seconded a motion to authorize the City staff to remove the existing signs placed at the City limits and replace with a City sign. Lovaasen moved and Fenstad seconded a motion to amend the ~bove motion to direct the City Manaqer to send a letter to Tonka Toy to explain the situation. The 193 December The vote on the amended motio, was unanimously in favor. INFORMATI011 MEMORANDUM 77-212 - FIREMEN'S PENSION PLAN The Council requested the City Manager to forward a copy of the resolution regarding the Firemen's Pension Plan to the Fire Chief and Mr. Bud Opitz. ADJOURNMENT Fenstad moved and Swenson seconded a motion to adjourn to the next regular meeting of December 20, 1977. The vote was unanimously in favor, so carried and adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager CITY OF MOUND Mound, Minnesota December 13, 1977 COUNCIL MEMORANDUM NO. 77-354 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Parking Variances Requests for winter parking variances have been received from: 5232 Seabury Road 5220 Windsor Road (See Copies attached) The Public Works Director does not recommend the variances. This will appear on the December 20th Agenda. ard L. pp cc: D.Heesen A.Lian ' City of Mound . Date VARIkNCE ~ST, OFF STREET PARKING O?~DII LOT !% + iq BLOCK ).~ _ ADDITION /_.~..~.~..~ APPX. ~3PO~,'~.,~:,IT TI?~ FOR. ON SITE INSPECTION DiAG~'I OF LOT - Use reverse side of this request: A.M.P.M. SIG;~,TURE OF INDIV/DUAL ]-[~KING INSPECTION & IDENTIFICATION 1308 V~LR!A i.:CE L~ST, OFF S~ET P~.~-KI'~'IG_ ,.,:~,.~.,.nonrXVAMeR. ,,~ APP.. APPOIN~-~N'F T~t~ FOR ON SITE iNSPECTION gPPL!CANrS D~.G~M-! OF ~T -Use revers~ide of A.M. J 1307 CITY OF MOUND Mound, Minnesota December 15, 1977 COUNCIL MEMORANDUM NO. 77-356 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Skating Rink Lights The Park Commission recommended that a light be installed in each park having a skating rink. Bids have been received for lights to be operated on timers. The bids are: Drews Electric Westway Electric $1,385. Plus Permits 50. $1,675.00 1,435.00 It is recommended that the bid of Westway Electric be accepted. L. Kopp -- SOLD TO L City of Iviound 9341 /vi~.ywoocl Road 1M ound, l%iinn. Attn: Bob 1V~inar htO, IN¥OIC£ DATE SHIPPED Estin.ate 12-1-77 QUA;ITITY D,I[ $ C R I P T I O H Install individual servicea~wi~.h rr, e~ers , circuit breakers and tin~e clocks to provi~I'~ power 'for 5.,light standards using 44500 watt quartz fl~d-lightv each.~ .... '-- Light s~n~rds are l~ated at ~ City ~rks', Bid to include ~ervice entrance ~-.reconn~ing e~i~ting wiring to f~tureo. ~,pa tv ~ ins~Hed by others. Plus pe~it costa Drews Electric, Inc. INDUSTRIAL - COMMERCIAL - RESIDENTIAL - CONTRACTORS 5084 THREE POINTS BOULEVARD - MOUND, MINNESOTA 55364 - Phone 472-4869 l~ g~r~i~t ~rte will be added per month on balance if not paid by the loth of ~e mon~. $1.00 $1385. O0 AMOUr'iT 10.00 each park X ~Bo CITY OF MOUND Mound, Minnesota December 16, 1977 COUNCIL MEMORANDUM NO. 77-357 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Police Car Bids Sometime ago one police car was wrecked. Bids have been taken to replace the car. The bids are: Suburban Chevrolet Thurk Bros. Malkerson Motors Iten Chevrolet $6,212.10 5,639.00 5,734.57 6,139.00 It is recommended that the bid of Thurk Bros. be accepted. This will be purchased out of Improvement and Equipment Outlay. Le?nard L. Kopp ON LAKE MINNETONKA INDIAN BURIAL MOUNDli~ 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 December 15, 1977 TO: FROM: SUBJECT: Leonard Kopp Chief Charles Johnson Replacement of ~Iarked Police Squad Totaled August, 1977 Attached are bids received for a 1978 police vehicle which meet the specifications as per the attached specification list. The lowest bid of $5,639 was received from Thurk Bors. Chevrolet. The bid of Suburban Chevrolet is $6,212.10 or $573.10 higher. Hennepin County bids for a vehicle meeting the same specifications were also higher. Malkerson Motor, Shakopee, MN bid $5,734.57 and Iten Chevrolet, Brooklyn Center, bid $6,139. It is recommended we accept Thurk Bros. bid. Sufficient capital has been transferred or received to cover this cost. The vehicle was not budgeted, but rather is a replacement for the police vehicle totaled as the result of an accident. The city insurance on the car paid approximately $3,500. .This coupled with the transferred funds for the wrecked vehicle of approximately $4,800 provides $8,300, or more than enough to cover the cost of the new vehicle. It should be noted that the specifications for the vehicle calls for a car larger than the Nova. Most intermediate or full size vehicles would meet the specifications. The Chevrolet Impala with a 116" wheel base is basically of intermediate size, although it is referred to as a full size. It is believed this size vehicle will be safer and more efficient for police service. The primary difference between the Impala and the Nova is that the Impala has a full frame opposed to the Nova which has a unitized body. It is believed that if the Nova which was totaled had been equipped with a full frame, the damage caused would not have been nearly as severe. It is further believed the space of the larger vehicle will better allow for the large amount of radio and emergency equipment necessary in squad cars. Both vehicles are powered by the same engine and operating expenses should be relatively similar. A comprehensive comparison will be made when both types of vehicles are in service. Further, it is believed the difference in the purchase price of approximately $400 will be offset when the vehicles are sold. For example, a used 1976 Nova is worth approximately $3,400 and a 1976 Impala is worth approximately $3,700. Respectfully, Charles ~§on, Chief Mound Po~ce Department 1SO 1.978' Thurk Bros. Chevrolet Co. ST. BONIFACIUS, MINN. 55375 446-1082 'SERVING THE AREA SINCE 1928' December 13,1977 City of Mound "Bid" 1978 Impala U-door Sedan Police Car As Per Specifications Unit Price $5639.00 To be delivered soon as possible. &Il tax ref~uuds remain property of Suburban Chevrolet Co. 100 EXCELSIOR AVE., HOPKINS, MINN. 55343 PHONE 938-2751 FLEET [~ ORDER Attn. Date, .. Factory F.O.B. L/st Price ....................................................................... ..-:" _ ~. ~. .. ~ ?~:,~. -;-~?-.~.-:'~ , ~~~ ..... . ,~ ....... ....... ~~~.~ -~ ...... ' /' ', ~~ -, Freight ..................................................................................... Total .................................................................................... $. Less---Allowance for Trade-in or Discount .................................................... $ Make ~ Model'/ ~ Body ~ ~i Year . License . ,/~ Weighi& ~]eage ~ No. ~T CASH DEU~RED P~IC~ OF VEHICLE .......................................... $. This quotation expires Jwlthout notice. Conditions of used vehicles shall be revalued on I Jdate of deliver/. State Sales Tax and License not included. Representative ,o,., PARTS and SERVICE OPEN 7:30 A.M. to ~ ~,,: O~/o/7 ~' 3 0 '~ MONDAY THRU FRIDAY CITY OF MOUND Mound, Minnesota December 16, 1977 COUNCIL MEMORANDUM NO. 77-358 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager 1977 Budget It appears that the 1977 Budget will be exceeded by the Police, Street, Sewer, Diseased Trees, CETA and Shop and Stores. Police - The Police Budget is primarily overextended because of added training programs for which we were reimbursed by other Agencies. These had not been budgeted. Street - The cost of supplies, for the most part, exceeded e~pectations. Sewer - Exceedingly high cost of four main breaks due to the severe winter as well as electric rate increases and increased supplies cost ran up our costs. Diseased Trees - Changes in policy the City and State sharing the cost of tree removal ran this budget over. CETA - CETA originally was budgeted as a 6 month program, but it was expanded, as well as extended to the full twelve months. ~h0P & Stores - This was the first year of operation and costs exceeded estimates. The overall operating costs will be within the total budget. increases are requested: Police 24,000 Diseased Trees 7,800 CETA 6,600 Shop & Stores 2,400 Sewer 51,O00 The following Other Operating Budgets were under-expended to the amount of $59,600 so the entire General Operating Budget is $18,800. under-expended. (This does not include the Sewer Budget). I I CITY OF MOUND Mound, Minnesota December 19, 1977 COUNCIL MEMORANDUM NO. 77-359 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: La~d - Brighton Blvd. The Council has indicated it would be interested in purchasing Lots 1 and 2, Block 14, Arden. The Dolge House, for street purposes. Attached is a copy of a letter I have received from Dolge indicating he wants $22,000.00 for the property. We have this property assessed at $8,000.00 for 1977 and $8,200.00 for 1978. A real estate man has indicated that a rough appraisal of the property shows it to be worth $15,O00.00. d L. Kopp -' / ' I, 22.~23 ~4 !25 31 II 3 LANAR' LANI 77 COUNTY SURVEYOR HENNEPIN COUNTY. MINN. i$ 8, - 61 Chkd by B./ CITY OF HOUND Hound, Hinnesota December 19, 1977 COUNCIL MEMORANDUM NO. 77-360 TO: FROM: SUBJECT: The Honorable Mayor and City Council City Manager Tuxedo Easement Gilbert Grimm has consented to sell an easement off of Lot 19, Block 11, Arden to the City for $200.00. (Plat 37730 Parcel 6000) It is recommended that the Council authorize purchase of the easement. Leonard L. Kopp CITY OF MOUND Mound, Minnesota December 15, 1977 INFOR~ATION MEMORANDUM NO. 77-213 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Tuxedo Easements West Suburban Builders own Lots 17 and 18, Block 14, Pembroke, over which the City needs an easement--permanent and temporary. A permanent easement of 54 square feet is needed off Lot 17 and 740 square feet is needed off Lot 18. The owner has no objection to'giving the easement, but would like to get 5 building sites off of 12 lots he owns in the area plus one tax forfeit lot he is willing to purchase if the City will release it for sale. In all, he is asking 5 building sites off 13 lots. All the area is zoned A-l, 10,000 square feet. Map I attached shows the land to be taken for right-of-way. We have offered him the following: 1,014 Sq. Ft. Permanent Easement @ 50¢ 1,890 Sq. Ft. Temporary Easement @ 10¢ $507.00 189.00 $696.00 The property owner has suggested that possibly the City would vacate a portion of Devon Lane above Lanark Road, since it is a steep hill and will never be opened for traffic. The City does have sewer in Devon and al- though it will never be opened, the only thing that would be gained is one less undersized lot. .' In order for the property owner to get five sites, the City would have to grant some variances. Because of the original platting and present owner- ship, it would be difficult for the property owners to build without lot size variances. One of the ways 5 sites could be made from these lots is as follows: Lots 16 & 17, Blk. 14, Pembroke Less Easement Variance 2,307 Sq. Ft. Lots 18 & 19, Block 14, Pembroke Less Easement Variance 1,080 Sq. Ft. Lots 20 & 21, Block 14, Pembroke Note: 7,747 Sq. Ft. -54 Sq. Ft. 7,693 Sq. Ft. 9,660 Sq. Ft. 740 Sq. Ft. 8,920 Sq. Ft. 8,000 Sq. Ft. If Devon were vacated, 2400 sq. ft. could be added to these lots making the lots 10,400 sq. ft. 129 INFORMATION MEMORANDUM NO. 77-213 SUBJECT: Tuxedo Easements December 15, 1977 - Page 2 Lots 18 & 19, Block 4, Arden and the W. 4 feet of Lots 15, 16 & 17 9r600 Sq. Ft. 480 Sq. Ft. 10,080 Sq. Ft. Lot 14 and the East 76 feet of Lots 15, 16 & 17, Block 4, Arden 12,320 Sq. Ft. If the Council concurs in allowing the variances and releases Lot 21, Block 14, Pembroke for sale, it is believed the easements on Lots 17 & 18 can be negotiated. L~onard L. Kopp V ~ i297 ~ J°~J' L~ / ! CITY OF MOUND Mound, Minnesota December 16, 1977 INFORMATION MEMORANDUM NO. 77-214 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Planner Attached is a copy of a letter of resignation from the Planner. We have started advertising by the Minnesota Cities Magazine. We may have been too late to get it in the January magazine, which comes out about January 15th. If so, we will make the February magazine which comes out on February 15th. Mr. Levens has asked to leave earlier than the March 31st effective date of his resignation if he finds a position prior to that time. Hopefully there will be as little time as possible between his leaving and getting a successor. In the next few months, we have to get out the HUD applications as well as completing the housing rehabitation jobs in progress. ~.-Leo~ard L. Kopp 1294, ON LAKE MINN~'TON~ INDIAN BURIAL MOUNDS 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TELEPHONE (612) 472-1155 December 16,1977 To: From: Subject: Leonard Kopp, City Manager(.~ Don Levens, City Planner ~d~ Resignation With deep regret I hereby submit my resignation as City Planner for Mound effective March 31, 1978. I request the above date to accommodate financial responsibilities and to secure ad- equate employment. 1293 M CCOMBS_KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ~ LAND SURVEYORS ~! SITE PLANNERS December 6, 1977 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: Tonka Toys Sewage Volume Dear Mr. Kopp' On December 5, Bob Miner, Bob Shanley and I met with officials of the Tonka Toy Company to review their sewer and water usage. The following items were discussed' 1) It was agreed that all the water being used by Tonka Toys is being metered at this time by 4 meters. 2) About May 1, 1977, Tonka Toys changes their operation so that a substantial quantity of water which was previously discharged to the storm sewer was diverted to the sanitary sewer. The figures given to us by Tonka Toys, indicate that 70% of the flow as measured by meter no. 4 which previously went to the storm sewer now goes to the sanitary sewer. In addition to this, all of the flow measured by meter no. 3 is discharged to the sanitary sewer. This flow has always been billed to Tonka Toys. Based on the above, we have gone back through Tonka Toys sewer and water bills from April 1977 and calculated what they would have been billed if the 70% of meter no. 4 had been billed as sewer flow. Quarter Ending 6/31/77 44,496,000 gallons x .7 = 31,147,200 gallons. 31,147,200 gallons @ .70/1000 GAL = $ 21,802 2/3 of this is $ 14,534.67 12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 559-3700 22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) 879-8029 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820 ~Ir. Leonard Kopp December 6, 1977 Page ~vo Quarter Ending 9/30/77 31,699,000 gallons x .7 = 22,189,300 gallons 22,189,300 gallons @ .70/GAL - ~ / . \ Total not billed on this basis(= $ 30,0067.18 J Please note that the flow throu~ quarter ending 9/30/77 does not agree with the billing for that quarter. ~%'e believe that the previous quarter meter reading on the work sheet should have read 9,694,000 instead of 96,940,000. This resulted in an excess water billing of 12,664,000 gallons for this quarter. 3) It was agreed that further flow measurements should be made of the actual sewer flow from Tonka Toys in the spring when the plant is back in full operation. In the meantime, we feel thatthe sewer bill for Tonka Toys should be based on 100% of meter reading no. 3 and 70% of meter no. 4. 4) We have given the figures previously discussed to John Profraizer, Plant Engineer for Tonka Toys. They will apparently review these figures and get back to us. They are also considering installing a meter on this sanitary sewer to accurately measure this flow. If you have any questions on this or need further information, please call. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. L¥1e Swanson, P.E. LS:sw To; Westonka Human Rights Commission Wayne Anderson From: Steve Sundberg Re: Resignation Wayne; I'm sorry for the delay of this letter o£ resignation. I am attending %he University of Minnesota on their night course program and ironically,. I have a Political Science class that meets every Wednesday night. I regret that I will no longer be able %o attend the Human Rights Commission meetings. I had considered holding out my resignation until January when my Wednesday night class would end but I've decided to continue in the University program. The experience I have recieved from being a part of the Human Rights Commission has helped me greatly. Thank you for understanding. BOARD OF DIRECTORS Presiden t Lyail Schwarzkopf Minneapolis Vice &-es/dent June Demos Roseville Past President Josephine Nunn Champlin Richard Asleson Apple Valley Wayne Courtney Edina \Valtcr Dziedzic Minneapolis Maynard Eder Lake E[mo Robe rt Hansen White Bear Lake David Hozza St. Pau', Richard Hullander Shakopee Jack Ir~ing Crysta! James Krau tkremer Brook]yrl Park Myra L.obeck Oakdak, Bruce Nawrocki Columbia Heights I~,.:in g 5te~ n St. L.~;uis Park Larry f hurnpson Wa~, zaL: Mark \/aught I)U RDe '"' Lakcvilie [_~'ecutA'e D/rector Vern Peterson TO: FROM: ase;ociation of metr. opo[[t, gn mun c pa me 300 bane,mr ,bM~j 4~0 cedar street st paul, rnmnosoM 55~01 (612) 222-286~ December 5, 1977 Chief Administrative Official and Designated Delegates. Lyall Schwarzkopf, AMM President GENERAL MEMBERSHIP MEETING DATE.~ Thursday, Januaxy 5~ 1978 ~/' TZMS P.M. P~CE¢ sec ~uis Park Recreation Center ~, ~ '~ d ' AGENDA ' ' Consideration of additional Legislative ~olie~ for the 1978 Legislative Session. (these $olioies have been developed bg the AMM Legislative SCudg Co~ittees and appwoved ~g the of Directors), 2. Other business as may come before the delegation° PLEASE NOTE~ A. We request that the administrative official receiving this notice distribute the enclosed copies of the proposed Legislative Policy to the appropriate city officials° B. Excerpt from Article X~ Section 1, of By~Laws~ "Each community shall designate a delegate or such alternates as it desires to represent it at all Assno meetings and so notif~ the Assn. Execu- tive Director in w_riting".~. C. Article XI~ Seccion 2~ of By-Laws~ Votinga '~The vote on any leg- islative matter shall be by acclamation; but, at any time before the result of the vote is announced the chairman may~ and shall, if requested to do so by five or more delegates present~ submit the question under consideration to a vote by municipality~ in which case each municipality shall be entitled to one vote plus one additional vote for each 50~000 populauion or major fraction thereof of the municipality above the ~nitial 50~000 populationi according to the most ~ecent population est3mate of the Metropol- itan Council~ except when there is a more recent official census. Voting by proxy 2s not permitted~ nor may any delegate cast more than one vote° tIOIGAARDS ST. I)IIIECTIONS ~',OUIS PARK I[ECI~EATION' CENTER ~6th Avenue nECREAT ION CENTER ./ BOARD OF DIRECTORS President Lyall Schwarzkopf Minneapolis Wce President June Demos Roseville Past President Josephine Nunn Champlin Richard Asleson Apple Valley Wayne Courtney Edina Walter Dziedzic Minneapolis Maynard Eder Lake Elmo Robert Hansen White Bear Lake David Hozza St. Paul Richard Hullander Shakopee Jack Irving Crystal James Krautkremer Brooklyn Park Myra Lobeck Oakdale Bruce Nawrocki Columbia Heights Irving Stern St. Louis Park Larry Thompson Wayzata Mark Vaught St. Paul Duane Zaun Lakeville Executive Director Vern Peterson association of metropolitan municrpalitie TO: CITY OFFICIALS FROM: VERN PETERSON EXEC. DIRECTOR RE: ADDITIONAL LEGISLATIVE ..... POLICY FOR 1978. DA~_: Dec. 5, 1977 In October of 1976 the Association of Metropolitan Munici- palities adopted its legislative policy program for the 1977-78 legislative biennium. Said policy and program basically will continue in force and effect through the 1978 legislative session. However, several issues have arisen since that point in time which might be dealt with during the 1978 session for which the Association does not have applicable policy. Consequently, the AMMOs stand- ing legislative policy committees have examined several of these issues and concerns and have proposed several ad- ditional legislative policies for consideration and adop- tion by the membership. These proposed policies were approved by the Board of Directors on December 1, 1977. The attached policies, then, are intended to supplement the 1977-78 legislative policy program and are not in- tended to be a replacement for the existing policy, except as specifically noted on the attached pages. The proposed policies will be considered at the General Membership Meeting on January 5, 1978 in St. Louis Park. PROPOSED DRAFT POLICY PART ONE MUNICIPAL REVENUES AND TAXES I-B-4 SPECIAL LEVY FOR MANDATED STATE AND FEDERAL PROGRAMS° The cost of local government is being influenced more and more by both state and federally legislated mandated programs and increased mandated benefits or costs for in-place programs° Due to current levy limitation restrictions~ the ability of local government to pay these increased costs is severely re- stricted thereby causing~ in many instances~ a reduction in the level of the typical service functions of police~ fires street~ etco There is a vast range of mandated program in~ creases which have no bearing or relationship to the annually allowed 6% levy limit increase° Some of these include work- men~s compensation benefits~, binding arbitration~ federal Social Security~ minimum wage laws~ comprehensive planning~ Critical Areas Acts Shorelines Act~ OSHA~ etco THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES URGES THE LEGISLATURE TO (1) REINSTATE THE SPECIAL LEVY FOR NEW AND INCREASED PROGRAM COSTS MANDATED BY STATE LAW~ (2) INITIATE A SPECIAL LEVY FOR INCREASED COSTS CAUSED BY OTHER STATE ACTIONs AND (3) INITIATE A SPECIAL LEVY FOR FEDERAL MAN- DATED PROGRAMS~ REPLACES POLICY PART ONE I-B-4 AND I-B.-5 I-B-5 PART ONE ~' MUNICIPAL REVENUES AND TAXES Proposed Draft Policy SPECIAL LEVY-NATURAL DISASTER AND LAWFUL ORDER. The 1977 Legislature eliminated a number of special levies~ including those for expenditures of funds as a result of Natural Disasters and Lawful Orders~ neither of which a city can plan for or has any control over~ Lawful Orders are a result of not being able to implement some state or federal regulation° Natural disasters~ such as the August, 1977 seven inch rainfall in the metropolitan area, can cause unnatural large expenditures for emergency repair to city facilities° Neither of these are used often~ but when needed are absolutely necessary° Therefore~ THE AMM URGES THE LEGISLATURE TO REINSTATE THE SPECIAL LEVIES FOR LAWFUL ORDERS AND NATURAL DISASTERS° -2- Se PART ONE MUNICIPAL EXPENDITURES AND TAXES Proposed Draft Policy GENERAL FISCAL IMPACT° 1. MINNESOTA CITY ECONOMIC, PHYSICAL AND SOCIAL CONDITION STUDY~ Each biennium the Legislature passes a number of laws con- concerning levy limits~ municipal state aids~ property taxes~ and other factors related to the fiscal relationship of the various municipalities° However~ because of the extreme variety of municiplaities in Minnesota as to size~ age~ demographics~ services offered~ levels of services methods of paying for various activities~ etco ~ these laws and the resulting implied state policy have a drastically different impact, both economic and socials on the various cities de- pendent upon those cities existing characteristics° It seems logical that to develop effective and responsible policy and law concerning citiess their characteristics and varying conditions should be well known and documented for the lawmakers° Therefore~ in the same manner that the Legislature initiated an in-depth objective analysis of the cities of Minneapolis and St. Paul by the State Planning Agency~ THE AMM REQUESTS THAT THE STATE/LOCAL FISCAL STUDY CURRENTLY BEING CARRIED OUT BY THE STATE PLANNING AGENCY PROVIDE A DE- TAILED ASSESSMENT OF THE ECONOMIC~ PHYSICAL AND SOCIAL CON- DITIONS OF ALL MINNESOTA CITIES SO THAT EFFECTIVE AND REALISTIC LEGISLATION AND POLICIES CONCERNING THOSE CITIES MAY BE DEVELOPED~ IF THE PRESENT STAFFING, FUNDING, AND TIME CONSTRAINTS PREVENT THE COMPLETION OF SUCH A REPORT, THE LEGISLATURE SHOULD EXTEND AND EXPAND THIS STUDY SO THAT A COMPREHENSIVE ANALYSIS CAN BE CARRIED OUT. IN ADDITION, THE AMM REQUESTS THAT THE STATE PLANNING AGENCY ESTABLISH AN ADVISORY COMMITTEE FOR THIS STUDY COMPOSED OF LOCAL OFFICIALS° The Study should not have to include a detailed analysis of all 865 Minnesota cities~ but could include a sample number from each general category° (ioeo ~ older developed suburbs developing suburbs metropolitan rural~ metropolitan free-standing~ state older citys state rural city~ state newer city~ etco) o 2 o FISCAL NOTES° Many laws are passed each year by the Legislature which have a substantial effect on the financial viability of cities. Some of theses such as revenue and tax measures~ have an ob~ vious and direct effect which is often calculated and re- ported during the hearing proceSSo However, many others~ such as workmen~s compensation benefit increasess unemploy- ment compensation changes, minimum wage increasess mandated activities~ binding arbitration and other labor related leg- islation~ social programss etCo ~ are not viewed during the bill process as to the fiscal impact on cities° Due to the current restrictive levy limitation laws, many of these hidden costs are causing severe reductions in the standard services which must be provided by local units° THE AMM CONSIDERS IT IMPERATIVE THAT THE LEGISLATURE INCLUDE IN ALL PROPOSED LEGISLATION A FISCAL NOTE DETAILING THE FINANCIAL IMPLICATIONS OF THE PROPOSED BILL ON ALL LOCAL UNITS OF GOVERNMENT° mo UNIFORM ACCOUNTING AND REPORTING The State Planning Agency has been authorized in the past several years to conduct studies of ~local government Proposed Draft Policy fiscal problems~ debts and fiscal management~. They found that because of the variety of accounting systems and lack of a good required uniform reporting method~ much of the necessary data was difficult to obtain~ Since the state is involved to a great degree in financing local govern- ment and creating local governing policy~ there is a need to be able to evaluate uniform financial data° Current re- porting methods are so diverse that analysis by public and private agencies and groups is difficult. No single state agency has responsibility for understanding a city's fiscal condition which must be protected for it to enter the cap~ ital market. Based on this data, the State Planning Agen- cy has recommended that the Legislature adopt uniform standards of accounting and reporting for cities° The AMM supports the following recommendation: THE LEGISLATURE SHOULD REQUIRE UNIFORM FINANCIAL REPORTING° HOWEVER, THE LEGISLATURE SHOULD NOT PROMOTE A UNIFORM AC- COUNTING SYSTEM BUT SHOULD PROMOTE THE USE OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. THE LEGISLATURE SHOULD AUTHORIZE A STATE AGENCY SUCH AS THE STATE PLANNING AGENCY, IN COOPERATION WITH LOCAL GOVERNMENTS~ TO CONDUCT ANALYSIS OF UNIFORM FINANCIAL DATA¢ PUBLISH THE STUDIES AND FINDINGS AND RECOMMEND NEEDED ACTIONS OR POLI- CIES OR APPROPRIATE LEGISLATION° THE LEGISLATURE SHOULD PROVIDE ADEQUATE TECHNICAL ASSISTANCE FUNDING FOR CITIES TO ACCOMPLISH CONVERSION TO GENERALLY ACCEPTED ACCOUNTING PROCEDURES AND UNIFORM REPORTING° IF FUNDING IS NOT SUPPLIED BY THE STATE, THE AMM STRONGLY OB- JECTS TO ANY CHANGES IN THE CURRENT STATUS° Proposed Draft Policy (addendum) PART TWO GENERAL LEGISLATION VII. SHADE TREE DISEASE CONTROL PROGRAM VII-D GENERAL SHADE TREE CONTROL PROGRAM Various program changes, some major, have occurred an- nually since 1973. This has created problems for lo- cal units trying to establish continuing programs in keeping up with the changing rules for successful im- plementation. The current program has been in exis- tence less than one year~ and it is too early to make valid definitive judgments as to its success or failure. With very few exceptions across the state~ the program is working~ is controllable, and administratively res- ponsible and accountable° Most problems that have surfaced are of a technical or interpretive nature. Therefore~ THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES SUGGESTS THAT NO MAJOR CHANGE IN PHILOSOPHY~ ADMINISTRATION~ OR DIRECTION OF THE SHADE TREE DISEASE CONTROL PROGRAM BE LEGISLATED UNTIL DEFINITIVE RESULTS OF THE CURRENT PRO- GRAM ARE AVAILABLE AND THAT MINOR OR TECHNICAL PROBLEMS BE RESOLVED THROUGH ADMINISTRATIVE RULES° VII-E SHADE TREE PROGRAM FUNDING. The magnitude of the dying tree problem is much greater -6- than even the experts predicted in ..~,~/. 1977o There was not enough grant money available in 1977 to pro- vide 45% match in the metropolitan area¢ and expecta- tions are that in 1978 the percentage will drop from the current 37% level° In many localities reforesta- tion is becoming an even greater problem than sanita- tion and the $4 million grant fund is not going to be sufficient. THE AMM URGES THE LEGISLATURE TO INCREASE THE SHADE TREE GRANT APPROPRIATION FOR 1978 SIGNIFICANTLY, ES- PECIALLY FOR REFORESTATION~ VII-F EXEMPTION FROM LEVY LIMITATION° To be successful~ the local shade tree disease control programs must extend beyond calendar year 1978o Cur- rent legislation extends levy limit exemption for local expenditures only through calendar year 1978o If the levy limit exemption is not extended at least through calendar year 1979 for local government~ a great amount of anxiety and uncertainty in local budgeting for 1979 will occur as it did in 1976 for 1977 expenditures° This may result in drastic reductions in local programs be- cause many of the municipalities involved cannot absorb that cost in their general levy without severe cutting in the standard service areas of police, fire or roads° TO ENSURE AN ADEQUATE CONTINUATION OF THE SHADE TREE DISEASE CONTROL PROGRAM~ THE 1978 LEGISLATURE MUST EX- TEND THE LOCAL LEVY LIMIT EXEMPTION THROUGH AT LEAST 1979o -7- Proposed Draft Policy VIII - TREE REMOVAL AND TREATMENT LICENSING The high incidence of Dutch Elm and Oak Wilt diseases has under- standably caused a large increase in the activity and numbers of firms in the tree removal and treatment service business~ Several proposals have been made to initiate metropolitan or statewide licensing and setting of standards~ The Association does concur that some form of consumer and worker protection, as well as control of chemical treatment activities~ would be advisable° However, we would oppose mandatory licensing on state or metropolitan level° Licensing of contractors and various activities has long been a local prerogative and the mechanism for license review~ issuance and enforcement is already in place° The primary reason that local licensing has been successful and~ therefore, maintained at the local level is that inspection and enforcement personnel reside at the local level and are much more familiar with the area and activities~ thus providing bet- ter and faster enforcement. Most local units currently have a tree inspector and some form of control/removal program° It then logically follows that licensing could most economically and efficiently be initiated and enforced at this level° THE ASSOCIATION URGES MUNICIPALITIES TO ADOPT TREE REMOVAL AND TREATMENT LICENSING PROCEDURES FOR THE PROTECTION OF PROPERTY OWNERS~ THE GENERAL PUBLIC AND EMPLOYEES OF FIRMS ENGAGED IN THAT SERVICE° TO THAT END~ THE ASSOCIATION HAS DEVELOPED AND WILL MAKE AVAILABLE TO INTERESTED MUNICIPALITIES A MODEL ORDINANCE SETTING STANDARDS AND REGULATING THE ACTIVITIES OF TREE REMOVAL AND TREATMENT FIRMS° THE ASSOCIATION SUPPORTS TREE REMOVAL AND TREATMENT LICENSING AT THE PREROGATIVE OF LOCAL GOVERNMENT~ BUT DOES OPPOSE INITIATION OF MANDATORY LICENSING AND/OR LICENSING AT THE STATE OR METROPOL- ITAN LEVEL. IT IS RECOMMENDED THAT THE STATE ESTABLISH UNIFORM MINIMUM STANDARDS FOR SHADE TREE TREATMENT CONTRACTORS AND BUSINESSES~ IXo Proposed Draft Policy 911 EMERGENCY TELEPHONE SERVICE FINANCING The 1977 Legislature passed a mandatory law requiring the im- plementation of basic 911 emergency telephone service in the Twin City metropolitan area by 1982 and the remainder of the state by 1986. This law also created a commission of two sen- ators, two representatives and three private citizens appointed by the Governor to study long range permanent financing alter- natives for initial capital equipment and recurring trunk net- work facility costs~ The approximate estimated cost for 911 service statewide by 1987 is $4 million for telephone central office conversion and an annual recurring trunk network cost of $3.5 million° Due to the complexity of geographic and po- litical boundaries~ the limited financing capability of local governments and the degree of benefit to all persons in the state, both residents and visitors~ it is extremely difficult to allocate a fair share of the costs to each public safety answering point or local jurisdiction° The AMM urges consideration of the following financial alter- natives: THE RECURRING COSTS FOR TELEPHONE NETWORK TRUNK FACILI- TIES AND EQUIPMENT TO PROVIDE BASIC 911 SERVICE STATE- WIDE BE PAID FOR BY STATE COLLECTED TAX FUNDS. Be THE STATE CONSIDER A PORTION OF THE INCREASING RECEIPTS FROM THE TELEPHONE COMPANY GROSS EARNINGS TAX AS A SOURCE OF REVENUE THAT COULD BE DEDICATED TO PAY FOR THE RECURRING BASIC 911 SERVICE SYSTEM COSTS° Ce THE STATE CONSIDER TELEPHONE COMPANY CENTRAL OFFICE CON- VERSION COSTS FOR 911 SYSTEM NEEDS IN THE SAME MANNER AS RECURRING COSTS AND PROVIDE THE SAME TYPE OF FUNDING~ -9- Proposed Draft Policy LOCAL PUBLIC SAFETY ANSWERING POINT RECURRING COST FOR LINE AND TERMINATION EQUIPMENT BE FUNDED LOCALLY° ANY SERVICE GREATER THAN THE BASIC 911 SERVICE AS DEFINED BY LAW BE FUNDED LOCALLY° ALL LOCALLY FUNDED COSTS~ INCLUDING IMPLEMENTATION AND RECURRING FOR 911 SERVICE WHICH EXCEEDS CURRENT EMERGENCY TELEPHONE SERVICE COSTS~ BE CONSIDERED A ~SPECIAL LEVY" AND BE EXEMPTED FROM THE GENERAL LEVY LIMITATION~ NEW POLICY III o II-D ADMINISTRATIVE CONDUCT OF METROPOLITAN AGENCIES AND COM- MISSIONS° The State Legislature in 1967 created the Metropolitan Council for the purpose of coordinating the orderly growth and economic development in the metropolitan area° Subsequent actions by the Legislature have strengthened the role of the Council in carrying out its intended functions° Additionally~ several metropolitan commissions and agencies have been created to as- sist the Council in its work and to provide the structure neces- sary to implement~ on a regional basis~ certain operational sys- tems such as transit~ wastewater disposal~ airports~ etc. The Council has also been given certain approval authority over some key aspects of the activities of general purpose units of local government in order to protect the integrity of metropol- itan physical systems° As the designated agency for conducting the Federal A-95 review procedure~ the Council also can exert a great deal of influence on the actions of local units of gov- ernmento In effect~ by action of the state and federal governments during the past decade~ a form of general purpose regional government now exists in the seven-county metropoli- tan area. While it is true that the Metropolitan Council and its Commisisons and Agencies cannot expand their roles and au- thorities in a specific sense, except through legislative au- thorization~ the past legislative enabling legislation has tended to be very general in nature, thereby giving these units much discretion in interpretation. Except in isolated cases such as implementation of the Land Use Planning Act and the procedure for implementing the Metropolitan Significance Rules~ the Legislature has given almost complete administrative free- dom to the metropolitan entities in the conduct of their ac- tivities. In contrast~ the Legislature has prescribed~ by law~ a uniform procedure for state administrative agencies and departments which must also interpret and implement state law that is often general in nature and scope~ The Administra- tive Procedures Act (APA} ~ Chapter !5~ of the State Statutes~ was developed specifically to regulate the rule~making functions of state agencies and to assure uniformity and impartiality of process, thereby protecting the public~ right° A bill was introduced in the 1977 Legislative Session which would have extended the provisions of the APA to encompass the Metropolitan Council and other metropolitan agencies and com- missions° The bill did not become law primarily because it was recognized during the hearings and discussion that~ The APA was designed specifically for state agencies and does not lend itself very well to much of the activity conducted by regional agencies. If the APA were to be imposed~ as is~ some of the policy making authority would be transferred from the regional agencies to the independent hearing examiner. The relationship between the metropolitan agencies and the units of local government might become more adversarial in nature~ THE ASSOCIATION BELIEVES THAT THERE IS A NEED FOR A UNIFORM AND CONSISTENT PROCESS TO BE FOLLOWED BY THE METROPOLITAN AGENCIES IN THEIR DEALINGS WITH LOCAL GOVERNMENT UNITS AND THE GENERAL PUBLIC. WHILE THERE IS A NEED FOR UNIFORMITY~ CONSISTENCY, AND FAIRNESS, THE ACTIVITIES OF THE METROPOLITAN AGENCIES WHICH IMPACT ON THE LOCAL GOVERNMENTAL UNITS ARE OF SUCH A DIVERSE NATURE THAT APPLYING THE PROVISIONS OF THE STATE APA TO THIS PROCESS MIGHT CREATE MORE PROBLEMS THAN CURRENTLY EXIST FROM A PROCESS STANDPOINT° CONSEQUENTLY~ THE ASSOCIATION DOES NOT SUPPORT EXTENDING THE PROVISIONS OF THE STATE APA TO INCLUDE THE ACTIVITIES OF THE METROPOLITAN AGENCIES ON A CARTE BLANCHE BASIS° ALTERNATIVELY, THE ASSOCIATION RECOMMENDS THAT~ THE LEGISLATURE DIRECT THE METROPOLITAN COUNCIL CHAIRMAN TO APPOINT A SPECIAL COMMISSION TO DEVELOP UNIFORM AND ADMINISTRA- TIVE PROCEDURES TO BE FOLLOWED BY THE METROPOLITAN COUNCIL AND METROPOLITAN AGENCIES WHICH WOULD APPLY TO THOSE AGENCY ACTIV- ITIES WHICH BECOME A PART OF THE OFFICIAL PUBLIC POLICY OF AN AGENCY° THE COMMISSION SHOULD INCLUDE REPRESENTATIVES FROM THE LEGISLATURE AND COUNCIL~ CITIES~ COUNTIES AND GENERAL PUBLIC AND METROPOLITAN COMMISSIONS~ NOT TO EXCEED 15 PEOPLE. SUCH PRO- CEDURES SHOULD INCLUDE A SPECIFIC PROCESS FOR THE ADOPTION OF AMENDMENTS TO THE PROCEDURES~ ~0 CITY OF MOUND Mound, Minnesota Monthly Activity Report of Water Department i ................... Thi's Last - This Year L~st Y~'a t Work Units Month Month to date to date ~o,. o~ wat.~r CuB.to. ers .......... , Wster Consumed ~o. o~_~ ~ya~. _,, Hydrants Repaire~ : Man_ Ho~ . ~ ~ ~3. ~0 , HyanesT¥~e¢ ~- Mp9 Hours Hydrants Painted - Man Hours ~o. ~ cn~ ~ ,~z ..... ~&. -~S .... ~2; .__.~ 7 . ~o~ Times Cbecked.,Puzp f5 ~; W:,~,. Qk~¢~:.~2 ~,,~¢=g ~G ...... o.s ..~ ~b .~.o9 . Curb Stops Replaced .... ~ 2.. .......~ /~ ,. _ Icurb'°xes L°wered . 7 ~Locatin~ C~b Boxes - Man Hours,, t ' i 1275 CITY OF MUjND Mound, Minnesota Page 2 Monthly Actlv~%y Report of Water Dep~r%ment :Io, of TucD~fs Non-Pa~ent 0 M ¢ 7 ~9~ of Meters Replaced // ~ ~ //~ TO: FROM: Thomas R. Johnson Law Clerk Walter J. Duffy, Jr. DATE: September 7,'1977 C'~"~ ~h City Attorney SUB3ECT: City' s liability for damage caused by surface water due to inadequate drainage You have asked me to research and report on whether and under what conditions the City might be liable for damage caused by surface water due to the inadequacy of sewer or drainage systems following an unusually heavy rainfall. My research discloses that a municipal corporation is not liable for damages caused by an overflow of its drainage system resulting from extraordinary rains or floods which could not reasonably be anticipated or guarded against, unless its negligence in keeping. such system open and in good repair concurred in or contributed to the damage. Roche v. City of Minneapolis, 223 Minn. 359, 27 ~{2d 295 (1947) (dissenting opinion); citing Hanson v. City.of Montevideo, 189 Minn. 268, 249 NW 46 (1933) and Power v. Village ~f Hib.bi~, 182 Minn. 66, 233 h~W 597 (1930). 18 McQuii'iin ~53~124. The general rule as stated in 43 C. J. pp. 1136, li37 is as follows: There is no'municipal liability for insufficiency of sewers or drains to carry off surplus water from an unprecedented or extraordinary storm or flood, unless the statute makes the municipality liable as insurer, especially where such drains or sewers are amply sufficient to meet all demands upon them under ordinary conditions. Cited in Power v. Vil!a.ge of Hibbing, pupra, 71. In Power v. Village of Hibbin9, .182 Minn. 66, 70, plaintiff attempted to ~nvoke the rule of res ipsa 19quitur w~ ich states that ¥:here an instrumentality fail? to work under proper working conditions such failure is evidence of the insufficiency or defective condition of the instrumentality. The court said that that rule had no application -where the failure was caused by some extraordinary occurrence which could not reasonably be anticipated or guarded against. Furthermore, where there was no negligence, nor any unauthorized, wrongful, or unlawful act by the village, there could be no liability imposed on it by calling the inundation resulting from an extra- ordinary rainfall a trespass or nuisance. Power v. Village of H~"b~ng, supra, at 72. In Roche v. City of M~nneapolis, 223 Minn. 359, 27 ~2d 295 (1947), it was held that the city was not liable for damage to private property resulting from 'the inadequacy of its drains, where the property is the natural depository of all the water discharged thereon. (Citing pudle¥ v. Village of Buffalo, 73 Minn. 347, 76 NW 44 (1898). 1272 -2- The Roche case.was distinguished from those cases in which a municipality "blocks the natural channel of surface water in such a way as to gather up such waters ~n a body and cast them in large and injurious quantities upon the property of others where they did not previously flow". Roche at 365. In the Roche case the city had installed a storm sewer which drained-away some, but not all, of the water which would naturally have been deposited on plaintiff's property. Plaintiff's property was not a channel, but was a natural depository, for surface water. Thus, the storm sewer improved plaintiff's land by removing some surface water, but there was no duty on the city to "wholly relieve the premises at all times from the burden of surface water". Quoting from Dudley v. Village 'of Buffalo, 73 Minn. 347, 350, 76 ~-45. (1898) However, even if the rain is of an extraordinary character, yet if the negligence of the city in failing to keep its sewers open concurred .in and contributed to the damage, then the city has been held liable, and if drains are so inadequate that they cannot take care of ordinary storms, the city will not esbape liability because the rainfall was extraordinary. 18 McQuillin 353.124. Again, in Power v. Village of Hitting, 182 Minn. 66, 70, the Court said: "The care required of municipalities in the construction and maintenance of sewers is ordinary or reasonable care and diligence, and the municipality is not liable for injury caused by extraordinary occurrences which could not reasonably be anticipated. (cases cited). In regard to the question of whether the municipality is liable for defects in the design or plan of a sewerage and drainag~ system, the answer is clear that. it generally is not.in the absence of palpable defects indicating negligence or lack of legal discretion. According to the Supreme Court of the United States: "The-duties of the municipal authorities in adopting a general plan of drainage, and determining when and where sewers shall be built, of what size and at what level, are of quasi~ judicial nature, involving the exercise~of deliberate judgment and. large discretion, . . . and the exercise of such judgment and discretion in the selection and adoption of the general plan or system of drainage is not subject to revision by a court or jury in a private action for not sufficiently draining a particular lot of land." Johnston v. District of Columbia, 118 US 19, 6 S. Ct. 923, 30 L. Ed. 75 The rule is grounded on the principle that since discretionary authority is vested in the city to adopt such plans, defects therein are referable to mere errors in judgment. 18 ~!cQuillin ~53.121. pettinger v. Village or Winnebago, 239 Minn. 156, 58 NW~d 325. -3- McQuillin states four. exceptions to the above rule of non-liability for defects. The first, is where there is actual negligence as opposed to an error in judgment; as where the plan so. palpably defective that it does. not warrant the belief that any legal discretion was exercised, or where a plan is adopted without the aid of a skilled person when such aid would be reasonably required. "The duty rests upon a municipality to employ competent engineers to plan and construct its system of streets and sewers .... " Roche, supra, 223 Minn. 359, 365. Second, if the consequences of the plan are unlawful, for example discharging Qater on private property may constitute a trespass, a nuisance, or a taking requiring compensation. The third exception is when a sewer is proven by actual experience to be insufficient or defective, a duty may evolve on the city to remedy the situation. In Minnesota the court has said in Tare v. St. Paul, 56 Minn. 527, 530, 58 NW 158, 45 Am. St. Rep. 501 ( ), that if a sewer, "as the same was originally planned and constructed, is found to result in direct and physical injury to the property of another, that would not otherwise have happened, and which from its nature is liable to be repeated and continuous, but is remediable by a change of plan, or the adoption of prudent measures, the corporation is liable for such damages as occur in consequence of the original cause, after notice and an omissipn to use ordinary care to remedy the evil." Fourth and finally, the genera~ rule does not apply where the sewer system is constructed without the judgment of the proper body being exercized in the matter. 18 McQuillin ~53.122. The foregoing discussion treated of defects in the plan or design, or determination of the size of sewerage or drainage systems. IdcQuillin reports conflicts in the cases as to liability for inadequate sewers or drains. Some jurisdictions hold that there is no liability for inadequate drains since the city has no liability for total failure to construct sewers and it therefore should have no liability for building sewers albeit inadequate. Other courts hold the view tha~ if through negligence, a drainage or sewerage system is not reasonably sufficient to take care of the sewage water reasonably expected to accumulate under ordinary circumstances the city will be liable .for resultant injuries. Likewise, the city has a duty to provide an outlet sufficient to discharge the water as may reasonably be expected to come to it. A Minnesota case directly deciding the point has not been found. Perhaps the point must depend on the facts. If a system for example, had 48" sewers discharging into a 12 inch outlet, the system might be considered so palpably defective as t~ indicate negligence. On the other hand the holding in Roche is clear that the city is not liable for installing a sewerage or drainage system which does not alleviate the entire burden of surface water. 1269' -4- Finally a city can be liable for negligence in the construction, negligence and maintenance of a sewer system. 18 McQuillin ~53.125. "While a municipaiity is not bound to construct sewers in its highways, nor is it liable ordinarily in case a sewer which it does construct in good faith with judgment and care proves inadequate, it assumes the duty of keeping in good condition and repair such sewers as it does install, and a failure to perform that duty will render it liable for damages in case of injury. 126g STATE OF DEPAR J tv'tENT OF NATURAL ESOURCES[',.,.,,2' o' q Tom ~idley Metro Re=zon 1975 Silver LRe Road '1200 Warner Road Ne~ Brighton, ZN. 55112 St. Paul, MN. 55106 RE: ~ELIG~ E~E~RISES~ L~E HI~ETO~A~ HO~D~ Dear Mr. Gridley: As a follow-up to your November 15, 1977 on-site meeting with Bruce Sandstrom of my staff, we offer the following preliminary co~v~nents re- garding the above referenced matter: The general concept of a planned unit development is consistent with DNR policies and regulations and is preferable over typical in- dividual riparian lot development in that the majority of the shore- line is left unaltered. Any bridge to the island, docking facilities, fill and shoreline erosion protection measures require a DNR permit. We would prefer at least a 10 foot clearance on a walkway to the island in order to maintain reasonable navigational abilities between the mainland and the island. A single span wooden bridge would be preferred over steel as it would blend in with surroundings and we would like to see several designs explored. The crossing of thelow portions of the island by a wooden walkway would be preferred over a filled path since less native vegetation would be altered thereby provid- ing screening attributes. The number of mooring slips we will allow will be limited to 24 or 25 based on a formula of one mooring space per the maximum number of riparian homesites which could be developed on the parcel in question. (1500 feet of shoreline and 75 feet = 20 lots, plus 4 or 5 lots on what might be the possible from the island parcel). e The DNR would prefer that no dredging for the marina take place. Minimal dredging might be necessary if adequate water depth is not available within a reasonable docking distance of the island's south shoreline. e We understand that shoreline erosion is taking place on the island which must be corrected. We would prefer natural rock riprap placement (not red rock) over other alternatives. ADMINISTRATIVE SERVICES GAME AND FISH J. 267 · WATERS, SOILS, AND MINERALS ' I. ANDS AND FORESTRY PARKS AND RECREATION ° E I',1 F O R C E F,,'~ E N T AND FIELD SERVICE Tom Gridley November 22, 1977 page - 2 A set of application forms is enclosed in order for your firm to file proper application for DNR permit. Be sure all local governmental units having overlapping or joint jurisdiction receive a copy of the DNR app- lication. Feel free to contact this office at 296-7523 if you have any questions. Upon receipt of this application and definite plans for the is- land development~ we will initiate our usual review procedures. RDH:BDS:sb enclosure (W-54) Yours Truly~ Regional Hydrologist City of Mound~ U.S. Army Corps of Engineers Lake Minnetonka Conservation District Minnehaha Creek Watershed District Vonny Hagan, Env. Review Nancy Onkka, EQC Due to the size of the boat mooring facility, the project requires a mandatory Environmental Assessment Worksheet. Please submit this as part of your permit application. 1266 ON ~.~KE Iv~INN~'I'ONKA INDIAN BURIAl. MOUNDS 534] MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA ,55364 (612} 472-:1155 December 13, 1977 Mr. Larry Seymour Regional Administrator Department of Natural Resource Metro Region 1200 Warner Road St. Paul, MN. 55106 Dear Mr. Seymour: This will confirm our conversation of December 13th relative to you and Mr. Harnack meeting with the City Council relative to the reconstruction of the Black Lake Bridge. We are establishing the meeting for 7:30 P.M. Tuesday, January 24, 1978, in the Mound City Council Chambers. I am enclosing for yoUr review a copy of the preliminary report made by Hennepin County. Thank you much for your cooperation in coming to our discussion and we whall be looking forward to seeing you. Sincerely, F~' , ~,; __/:,.~_.-~,, ,. ,v-g,/-,_--, z- ' Leonard L. Kopp City Manager LLK/ms Encl. cc: Mr. Ron Harnack Mr. Herb Klossner Mayor Rockvam, Spring Park w/City Council 1265 ( CITY OF MOUND Mound, Minnesota 10/24 Meeting October 18, 1.977 INFORMATION MEMORANDUM NO. 77-186 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Black Lake Bridge At the meeting in Spring Park, it was suggested that the County do a plan with less retaining walls and one or both of the Council's would talk to the appropriate agencies about filling the Lake.. The County has prepared such a plan and the total cost is estimated at $258,495.00, made up as follows: Grading Base & Surfacing Curb & Gutter Guard Rail Bridge - New Concrete Sidewalk Drainage Turf Establishment $ 67,500. 25,565. 5,250.* 10,250. 129,200. 6,130.* 5,100.* 9,500. ~he only items that the Cities will have to participate in are the curb, .gutter, sidewalks and drainage. The County Engineer is awaiting a reply from the Cities. Kopp ~ cc: Spring Park i26 , Layout No. lA Pro :ile No. I PRELIMINARY COST ESTIMATE Grading, Base, Surfacing, Drainage & Bridge. Proj. No. 7586 CSAH No. 125 Estimate No. 1 ITEM Grading Base & Surfacing Curb & Gutter Guard Rail * New Bridge Conc. Sidewalk Drainage Turf Establishment' ESTIMATED COST $ 67,500.00 25,565.00 5,250.00 10,250.00 129,200.00 6,130.00 5,100.00 9,500.00 $ 258,495.00 * Includes Removal of Old Bridge Bate: September 13, 1977 Computed by: K. Ebeltoft Checked by: B. Curtiss LEVEL .. RET WALL- CLAYTON L- LtCFEVERE HERBERT p. LE~LER CURTIS A. PEARSON J- DENNIS O'BRIEN JOHN r. DRAWZ JOhN B. DEAN DAVID J. KENNEDY C~LENN E. PURDUE JAMES D. LARSON CHARLES L. L£FEVE)~E HERISERT P. LEFLER JEFFREY J. STRAND LAW OFFICES LEFEVERE, LEFLER. PEARSON, O'I3RIEN & DIRAWZ ~,~,~ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 December 14, 1977 TELEPHONE (61Z) 333-O5~3 Mr. John C. McNulty Attorney at Law 1800 Midwest Plaza Building Minneapolis, Minnesota 55402 Re: City of Mound vs. Continental Telephone Company Dear John: This will acknowledge and confirm my telephone conversation with Martin Weinstein this morning. On December 13, 1977 the Mound City Council and City Manager met with two representatives of the Maple Plain council and their attorney,.Richard Schleffer, to discuss your offer of settlement as presented to me on December 8, 1977. After considerable discussion of the question relating to the proposal, the Mound council indicated that they wished to discuss the matter in open meeting, and it appeared to be a consensus that they would approve the proposal. The Maple Plain council members indicated that they felt the same way and would go back to their City Council and discuss the proposal in an open meeting and that they would recommend the acceptance of your offer of settlement. On December 13, 1977 at regular council meetings held in the Cities of Mound and Maple Plain, both councils adopted motions to direct their City Attorneys to agree to a continuance of the two matters presently before the District Court of Hennepin County and of the complaint filed before the Public Service Commission and referred to the hearing examiner's office. It was their understanding that court dates of December 15 and December 19 would be continued and that the proposed meeting with the hearing examiner set for December 21, 1977 would also be continued. This direction was based on an understanding that the Mound and Maple Plain telephone exchanges will receive at least $1.50 per 12Ol LAW OFFICES LEFEVERE, LEFLER, HAMILTON AND PEARSON Mr. John C. McNulty Page 2 December 14, 1977 single party telephone reduction in a proposed statewide filing by Continental Telephone Company asking the Public Service Com- mission's approval of a realignment of their rates. The councils were further advised that upon acceptance of this offer the company would move rapidly to complete the necessary work to prepare a rate realignment and that the company would be filing it late in January or early February, with January 31, 1978 as the target date. It was further explained to the City Councils that Continental Tele- phone Company would then pursue approval of the realignment rates in accordance with PSC regulations, directive~ and orders, and the councils uhderstand that this is a statewide realignment and will not result in a change in only the Mound and Maple Plain rates, but rather will affect many of Continental's exchanges throughout the state. It is the further understanding of the City Councils at this time that Continental's attorney, namely you, and Mr. Schieffer repre- senting Maple Plain and myself representing Mound, will either enter into a written agreement or will exchange letters wherein our councils have been informed and advised that if for any reason the PSC reduces the proposed rate reduction below $1.50 but it results in a dollar or more reduction, we will not reactivate either the court cases or the complaint. The councils are further advised that if the rate reduction or realignment attributed to Mound and Maple Plain should for any reason fall below $1.00 or more per month per telephone, the cities have reserved their right to re- activate the appeals in the District Court and our complaint before the Public Service Commission. It was a strong request of all the council persons present that Continental Telephone Company provide in their rate realignment for dispensing with the billing system which shows an EAS and Metro EAS charge. It is my understanding from discussing this with you that you do not feel that the company has strong feelings on this and that you would be willing to make your filing accordingly, and unless it is changed .by the PSC you would accommodate the cities on this point. If this is filed and approved by the PSC, the Mound and Maple Plain telephone companies will receive a bill with a flat telephone rate without having the costs of EAS and Metro EAS speci- fied. I also informed the councils that you were hopeful that the rate realignment could be filed and placed in effect in approxi- mately three months. We certainly hope that you will be able to meet that schedule. i260 LAW OFFICES LEFEVERE, LEFLER, HAMILTON AND PEARSON Mr. John C. McNulty Page 3 December 14, 1977 In my conversation with Mr. Weinstein this morning, he has agreed to assume the responsibility of advising the judges and the hearing examiner of our continuance and that he will also accept the responsi- bility of informing all of the parties and their attorneys that the matter has been continued. I might add that some of our council persons had some rather severe reservations about accepting the company's proposal but that in the end the vote was 5 to 0 in favor of proceeding in the manner as out- lined above. I would be less than candid if I did not advise you that the City Councils have also indicated that they will strongly oppose rate adjushnents in the future and will do everything within their power to protect what they consider the public interest to be for citizens of their co~nunities. Two members of the audience spoke after the public discussions. One complimented the council on pur- suing the matter even though the proposed rate reduction is in their opinion small. The other member of the audience indicated that he could understand the dilemma of the council, but he did not think $1.50 a month was an adequate reduction. I would like to thank you for your courtesies during the past week in our numerous discussions about this settlement and I hope that it can now be carried forward promptly in the manner anticipated by the company and our cities. If ~Du feel that a formal agreement should be entered into between Mr. Schieffer, yourself and myself, please advise, otherwise it would appear to me that an exchange of letters in effect confirming what I have stated herein, or calling attention to any details which I have missed or the adoption of a formal agreement to be kept in our respective files, will be satis- factory as far as the City of Mound is concerned. Very truly yours, Curtis A. Pearson City Attorney City of Mound CAP:ms cc: Mr. Richard Schieffer Mr. William Flynn Mr. Leonard Kopp i25