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1988-01-12CITY OF MOUND MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.N., TUESDAY, JANUARY 12, 1988 COUN~T[-~~S 4. 5. 6. 10. 11. 12. 13. 14. 15. Pledge of Allegiance Approve the Minutes of the December 22, 1987, Regular · Meeting Pg. 4-12 Resolution Designating the Official Newspaper for 1988 Pg. 13-16 Resolution Appointing the Acting Mayor for 1988 Pg. 17 Resolution Appointing Acting City. Manager for 1988 Pg. 18 Resolution Appointing Council Representatives for 1988 to the following: Planning Commission, Park Commission . and Cable T. V. Commission Pg. 19 Resolution Designating the Official Depositories for 1988 Resolution Approving the Purchase of a $20,000 Bond for the City Clerk Pg. 22 Resolution Approving the Purchase of a $20,000 Bond for the City Treasurer/Finance Director Pg. 23 Resolution Authorizing Transfer from the General Fund to the Area Fire Service Fund Pg. 24 Resolution to Transfer $23,947 from the Liquor Fund and $23,947 from the General Fund to the 1987 Sealcoat Project Pg. 25 Reappointment of Chuck Champine to Cable. T.V. Commission Comments & Suggestions from Citizens Present Bid Award: Shoreline Protection and Rip-Rapping Project Resolution Authorizing the City Clerk to Execute an Order for Removal of a Hazardous Building at 5444 Tonkawood Road Pg. 20-21 Pg. 26-32 Pg. 33-51 Page 1 16. Revised Resolutions for.Case #87=679 and Case #87-680 A & B - Resolutions #87-217 & 87-218 Pg. 52-56 17. Set Public Hearing Date for the Vacation of a Utility Easement on the Burton Property - Lots 4 & 10, .~ Block 12, Seton - SUGGESTED DATE: FEBRUARY 9, lg88 18. Licenses: Our Lady of the Lake Catholic Church - Charitable Gambling - No Council action is necessary if you do not have a problem with the State issuing a License Pg. 57 Tree Removal License - Eklunds Tree Service 4229 Co. Rd. 10 N. Watertown, MN. 55388 Pg. 58 19. Payment of Bills Pg. 59-75 20. INFORHATION/HISCELLANEOUS A. Department Head Monthly Reports for December, 1987 Pg. 76-106 B. Memo from the Police Chief dated December 30, i~987, .~ regarding the squad care fire Pg. 107 C. Letter dated January 4, 1988, from the City Attorney regarding Doe v. City of Mound and former Police Chief Bruce Wold and Sgt. Bill Hudson. This case began a few years ago and has finally ended with our ~ Police Department being cleared. Pg. 108-109 Summary of Municipal Response to LMCD Legislative Program Pg. 110-112 Lake Level, Flow & Precipitation Summary for November, 1987, as published for the Minnehaha Creek Watershed District Pg. 113-114 School District #277 has formed a Committee to do some.comprehensive planning for the .short-term and. long-term regarding school facilities. Representa- tives from Mound, Minnetrista, Orono and Spring Park met with this Committee last week to provide input regarding city-owned facilities and future uses. Focus was placed on facilities that are recreationallZ oriented. Discussion included Northwest Tonka Lions concept of building a Page 2 mm Je softball and/or baseball complex in Minnetrista. The Committee will be meeting further and will be drafting a report for the Board of Education for their consideration this Spring. NLC Annual Congressio. nal City Conference, Washington, D.C. - March 19-22, 1988. .IF YOU WANT TO ATTEND, CONTACT FRAN ASAP REGARDING ARRANGEMENTS. The City of Mound is a direct member of NLC and has taken an active role in NLC matters over the past several years· REMINDER: TEAM BUILDING/GOAL SETTING SESSI.ONS - January 22, 1988 .- 5:30 P.M..- 1.0:00 P.M..& January 23, 1988 - 7:30 A.M. - 1:00 P.M. - Lafayette Club Minutes of LMCD Mayor's Meeting of December 19, 1987 Attached is an agenda for the League of Minnesota Cities upcoming legislative conference to be held February' 16, 1988, at the St. Paul RadisSon Hotel. 'Also attached is a copy of the proposed policies a~d. priorities for the' legislative session, as developed by League committees, that will be discussed'at the legislative conference. If you are interested in attending, please let Fran know ASAP. Pg. 115-116 Pg. 117-166 Page 3 .194 December 22, 1987 MINUTES - MOU#D CITY COUNCIL - DECEMBER 22, 1987 The City Council of Mound,.Hennepin County, Minnesota, met in regular session on Tuesday, December 22, 1987, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, and Skip Johnson. Councilmember Phyllis Jessen arrived at 8:30 P.M. Also pr.esent were: City Manager Edward J. Shukle, jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, Building Official Jan Bertrand, Park Director Jim Fackler and the following interested citizens: Lawrence &Ione McLane, Holly Lovseth, Ted Anderson, Luther Hoese, Ronald Gehring, Douglas & Janet Nelson, Mark Anderson, Bryant & Cindy Belgarde, Barry Schneider, John Kuhlman, Steven & Shirley Spraguer, Paul Jereczek. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. MINUllES ". MOTION made by Abel, seconded by Jensen to.approve .the minutes of the December 8, 1987, Regular Meeting, as presented. The vote was unanim- ously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS The City Manager reported that the amount is down to $2,579.88. ~he Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. jOhnson moved and Abel seconded the following resolution: RESOLUTION t87-212 RESOLUTION TO APPROVE THE DELIKQUENT UTILITY BILLS IN THE AMOUNT OF $2,579.88 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC HEARING: PROPOSED STORM SEWIER AND STREET IMPROVEMENT ON DRUMMOND ROAD BETWEEN AMHURST LAND AND DEVON LANE The City Engineer explained that the storm sewer estimated cost is $12,400 and upgrading Drummond Road to a 16' width for the 300 feet now traveled would cost approximately $11,700. He is recommending the storm sewer improvement, but only recommending paving that portion fAom Amhurst Road east to the proposed catch basin. The cost of paving this portion of Drummond would be 195 · December 22, 1987 approximately $1,000 and should be charged to the parcel building permit, Lots 11 & 12, Block 11, Devon. applying for the The Hayor opened the public hearing. Janet Nelson, Lots 6 &. 7, Block 12, Devon, stated there has been a drainage problem since 1972. She would like to see a storm sewer if it .would correct the problem and not injure the landscaping they have done along the unimproved road. Luther Hoese, Lots 8 & 9, Block 12, Devon, stated he is not in favor of either of the storm sewer or road improvement. He felt he would not benefit. Paul Jereczek, Lots 17-20, Block 11, Devon, stated that he needs to use this unimproved road because of the topography of his lots which front on Devon and have approximately 40 steps to the house. He did not feel he would benefit from the storm sewer imp..rovement. Steve Spraguer, 4817~Hanover Road, stated he would have no benefit from either the'storm sewer.or the ~street imprOvement.· Irene Dixon's son, Lots 4 & 5, Block 12, Devon, stated there was no benefit for her from the storm sewer or the street improvement. Mr. Kassen, Lots 11 & 12, Block 11, Devon, would like to have the street improvement adjacent to his lots. The Hayor closed the public hearing. There was discussion on vacating unimproved Drummond Lane, retaining utilities and a walkway easement for the City lots (13 & 14, Block 11, Devon). There was also discussion on putting in the storm sewer improvement, the small alley next to Lots 11 & 12 and blocking off the remainder of unimproved Drummond Road. Councilmember Jessen arrived at 8:30 P.M. MOTION made by Smith to move ahead with the 16' street improvement of Drun~nond Road next to Lots 11 & 12, Block 11, Devon, but not to do the storm sewer improvement. The motion died for lack of a second. Jessen moved and Johnson seconded the following resolution: RESOLUTION ~87-213 RESOLUTION ORDERING THE STORM SEWER IMPROVEf(ENT, THE MINIMUM STREET. IMPROVERENT OE DRUMMOND ROAD AD- JACENT TO LOTS 11 & 12, BLOCK 11, DEVON, A~D PREPARATION OF PLARS AND SPECIFICATIONS .196 December 22, 1987 The vote'was unanimously in favor. Motion carried. RESOLUTIONS AUTHORIZING THE CITY .CLERK TO EXECUTE ORDERS FOR REMOVAL OF HAZ- ARDOUS BUILDINGS A. EARL & CHARLOTTE BLOCHER, 59XX FAIRFIELD ROAD. The Building Official explained the situation. Jessen moved and Johnson seconded the following resolution: RESOLUTION #87-214 RESOLUTION AUTHORIZING THE CITY CLERK TO EXECUTE AN ORDER FOR REHOVAL OF..A_HAZARDOUS BUILDING AT 59XX FAIRFIELD ROAD - PID ~23-117-24 42 0086 The vote was unanimously in favor. Motion carried. B. CHARLES R. JONES, 4852/4854 EDGEWATER DRIVE The Building Official' explained the situation. Smith moved and jessen seconded tlhe following resolution:. RESOLUTION #87-215 RESOLUTION AUTHORIZING THE CITY CLERK TO EXECUTE AN ORDER. FOR REHOVAL OF A. HAZARDOUS BUILDING .AT 4852~4854 EDGEWATER DRIVE - PID ~13-117-24 44 0071 The vote was unanimously in favor. Motion carried. CASE ~87-678: JEFF.&,EARL BAKKEN, LOT 5 & PART OF LOT 4, BLOCK 2, REARR...OF BLOCK 12, ABRAHAH LINCOLN ADDITION TO LAKESIDE PARK, PID ~13- 117-24 34 0018, VARIANCE FOR ACCESS TO PUBLIC STREET FOR.52XX LYNWOOD BLVD. The City Planner explained the request. The Council agreed with the Staff's recommendations. Abel moved and jensen seconded the following resolution: RESOLUTION i~87-216 RESOLUTION TO APPROVE A VARIANCE TO ESTABLISH A BUILDABLE LOT FOR LOTS 5.AND PART OF LOTS 4, BLOCK 2, REARRA~GEI~ENT OF BLOCK 10,, ABRA]JAR LINCOLN ADDI- TION TO LAKESIDE PARK, PID J13-117-24 34 0018, P & Z CASE #87-678 The vote was unanimously in favor. Motion carried. 197 December 22, 1987 CASE ~87-679: RONALD :S.. GEHRING~ LOTS-5 & 6, BLOCK-13, THE HIGHLANDS, PID t23-117-24 .31 0053,- MINOR SUBDIVISION-OF LAND, 29XX WESTEDGE BLVD. The City Planner'explained the request. Abel moved and Jensen seconded the following resolution: RESOLUTION f87-217 RESOLUTION TO CONCUR WITH THE PLANNING COHMISSION RECOMMENDATION AND APPROVE THE FINAL MINOR SUBDIVI~ SION OF LANB.-FOR.LOTS--5 & 6, BLOCK 13, THE. HIGH- LANDS, PID tZ3-117-Z4 31 0053, P & Z CASE t87-679 The vote was unanimously in favor. Motion carried. .CASE #87-680: LAWRENCE.& IONE HC LANE. 5346 PIPER_ROAD, LOTS.40, 41 AND N 1/2 OF LOT 42, WHIPPLE SHORES, PID t25-117-24 21 0111'~ VARIANCE AND SUBDIVISION OF LAND The City .Planner explained the request. After discussion, A.2. was deleted and replaced .with the'following:. · "2. Applicant shall prepar.e and record' easements. ~or utilities." A.6. was added as follows: "6. If the shed on Parcel B is below the flood plain, it must be removed." Jessen moved and Abel seconded the following resolution: RESOLUTION t87-218 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOHHENDATION AND APPROVE A PRELIMINARY HINOR-SUB~- DIVISION AND VARIANCE OF LOT WIDTH FOR .LOTS 40, 41 AND THE NORTH 1/2.1FRONT.AND_ REAR_.OF 42, WHIPPLE SHORES; PID..12_5-117-24 21 0111, (5346 PIPER ROAD), P & Z CASE #87-680 A & B The vote was unanimously in favor. Motion carried. PLANNING COHMISSION APPOINTMENT & REAPPOINTMENTS Johnson moved and Jensen seconded the following resolution: RESOLUTION t~87-219 RESOLUTION APPOINTING KEN SNITH AIiD REAPPOINTING WILLIAH MEYER AND BRAD SOHNS TO THE PLANNING**CON- MISSION - ALL THESE TERMS EXPIRE DECEMBER 31, lggO The vote was unanimously in favor. Motion carried. .198 December 22, 1987 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. DOCKS ADJACENT TO THE LOST LAKE SUBDIVISION The Park Director explained the background. The Park Commission recommended approval of 9 additional dock sites adjacent to the Lost Lake Subdivision on Lost Lake. There are three conditions outlined by the City Attorney as follows: 1. The docks should not be dedicated to only residents of the Lost Lake Subdivision, rather open to all Mound residents.: 2. The Mound City Dock Ordinance should control the dock sites. 3. Develop a plan for access, location of docks and other public usage. MOTION made by Jensen, seconded by Abel to table this item until the January 26th Meeting so that research can be done to determine whether there is. an agreement in the subdivision that allowed no docks. The vote was 4 in favor with Jessen voting nay. Motion carried. APPROVAL OF-~988 COMMONS DOCK SITE MAP WITH ADDITION OF 6 HEW DOCK SITES The Park Director stated that the Park Commission has recommended adding the following 6 dock sites: ..- Z in Woodland Point ~ #01200 i on Carlow - #31630 ... 4 in Lagoon Park/Sinclair = #61190 · - #61215 = #61240 - ~61265 Jes~en.moved and Jensen seconded the the following resolution: RESOLUTION ~87-220 RESOLUTION TO APPROVE 1988 COMMONS DOCK SIllE NAP WITH THE ADDITION OF 6 HEW SITES The vote was unanimously in favor. Motion carried, PARK COMMISSION APPOINTMENT Johnson moved and Jensen seconded the following resolution: RESOLUTION 187-221 RESOLUTION.APPOINTING STEPHEN BURKE.TO THE PARK COMMISSION - TERM EXPIRES DECEI~BER 31, 1990 The vote was unanimously in favor. Motion carried. 199 December 22, 1987 CITY OF MOUND vs. HAGEDORN The City Manager explained the background of this lawsuit and that the Staff recommendation is to settle this lawsuit for $1,000. MOTION made by Jessen, seconded by_Abel to accept the settlement offer from Mr. Nagedorn's attorney of $1,000. The vote was unanimously in favor. Motion carried. DISCUSSION - LEGAL SERVICES'- PROSECUTION MOTION by Smith, seconded by Abel to direct the City Manager t~ adver- tise for bids for prosecution services in Finance and Commerce and Bench and Bar of Minnesota. The Council discussed the motion; the quality of service the City is receiving; the experience of the present prosecutor. The vote was one in favor with Abel, Jensen, Jessen and Johnson voting nay,. Motion failed. - RENEWAL OF RECYCLING CONTRACT The City Manager recommended renewal of the contract with Supercycle for 1988 in the amount of $1,430.00 per month. Johnson moved and Smith seconded the following resolution: RESOLUTION ~87-222 RESOLUTION APPROVING THE RENEWAL OF RECYCLING CON- TRACT WITH SUPERCYCLE FOR 1988 The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made bY Jessen, seconded by Abel to approvethe payment of bills as presented on the pre-list in the amount of $98,922.46, when funds are available. A roll call vote was unanimously in favor. Motion carried. PUBLIC WORKS OUTSIDE STORAGE SITE Councilmember Abel suggested that the Staff look into the possibility of pur= chasing property adjacent to the new publiE works facility site that is cur- rentlx-for sale. He asked that this be checked into and discussed at the January 26th meeting. 199 December 22, 1987 LOSTLAKE STORAGE SITE MOTION made by Smith, seconded by Abel to place a For Sale sign on the Lost Lake Storage Site. The vote was 4 in favor with johnson votibg nay. Motion carried. NEW LICENSE APPLICATIONS MOTION by Smith, seconded by Jensen to authorize the issuance of and En~ tertainment Permit and a Dinner-Dancing Permit-to The Jock Club, 5241 Shoreline Blvd. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. November 19.87 Financial Report as prepared by John Norman, Director. B. Park Commission Minutes of December 15, 1987. C. Planning cOmmission Minutes of December 14,·'1987. D. Hennepin County Member at Large 1988 Appointments. Finance E® Notice and Order for Hearing pertaining to NSP's application for an in- crease in retail rates. REMINDER: Christmas Party, December 19th, Phyllis Jessen's. HARK YOUR CALENDARS - Friday, January 22, 1988 and Saturday, January 23, 1988 - Goal Setting Team Building Session. Friday January 22, 1988 5:30 P.M. to 6:30 P.M. 6:30 P.M. to 7:30 P.M. 7:30 P.M. to 10:00 P.M. Saturday~ january 23, 1988 7:30 A.M. to 8:30 A.M. 8:30 A.M. to 1:00 P.M. Cocktails Dinner Meyers Briggs Instrument Interpret Results Team Building Exercises Adjournment Breakfast Team Building/Goal Setting Lunch Adjournment The Consultant is Barbara Arney, a well known and respected facilitator for local government and private organizations. /o . .200 December 22, 1987 The Council, City Manager and Department Heads will participate in both the Friday evening and the Saturday sessions. Location for the sessions is tentatively set for the Lafayette Club. That will be confirmed soon. In addition, the consultant wants to conduct interviews of all par- ticipants on Thursday, January 7th. Approximately 30-45 minutes is needed per'participant. She will be at City Hall beginning in the early afternoon of January 7th meeting with aepartment heads. I have arranged it so that Councilmembers could stop by on their way home from work in .the late afternoon. If there is a problem, I will try to reschedule these interviews for a different date and/of time. Let me know. NOTION made by Abel, seconded by Jensen to adjourn at 10:40 P.N. The vote was unanimously in favor. Notion carried. . Edward J. Sh. ukle, jr., City Manager Fran C. Clark, CMC, City Clerk BILLS ........ DECEMBER 22, 1987 Batch 7121 Batch 7122 39,889.97 59,032.49 Total Bills 98,922.46 January 12, 1988 RESOLUTION NO. 88- RESOLUTION DESIGNATING .., TIlE OFFICIAL NEWSPAPER FOR 1988 BE IT RESOLVED, that the City Council of the City of Mound, Min- nesota, does hereby designate the official newspaper for the City of Mound for 1988. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk The Our office is located at 2310 Commerce Blvd., Mound, Mn. 55364 Phone: 472-1140 The Pioneer To: Mound City Council Re: Appointment of Official Newspaper Dear Councilmembers: As you make your appointments for the coming year, we ask that you con- sider re-appointing The Laker as your city's official newspaper. The Laker is published each Monday, and the deadline for legal notices is 10 a.m. the precedihg Wednesday. Our rate for publication of legal no- tices will remain the same as it was in 1987. We have enjoyed working with you in the past and we look forward to con- tinuing to do so. Thank you for your consideration. Associate Publisher The Laker. /¢ Box 82 · 2310 Commerce Blvd. Mound, Mn. 55364 · 472-1140 To: City of Mound Re: Appointment of official newspaper Jan. 6, 1987 Dea~ City Council Members: It's that time of year again, time for us to thank you for having chosen The Laker as Mound's official newspaper in the past and to ask that you consider selecting us to continue in that role in 1987. The Laker, with a total home-delivered circulation of 8,400-plus, provides blanket coverage of the Westonka area: including every mailing address in Mound (except when we -- or the post office - goof and miss somebody), Our office is located at 2310 Commerce Blvd. in downtown Mound. our rate for legal notices is $4.54 per column Inch for initial insertions, and $3.03 per column inCh for subsequent publicat!ons..That.$4.54 rate .can also be expressed as $2.27 per square inch (our colUmns are 2 inches Wide) or 45 cents per line. Expressed as a line rate, however, the figure is meanit~gful only when considered For example, our 45 cent-per-line rate is the same as a 33.75 cent-per-line rate in a publica- tion which uses columns 1~2 inches wide. That's because the longer the line, the fewer lines needed for a given body of information. - We will furnish up to two affidavits of publication per legal notice at no extra charge. If more than two affidavits are needed, additional ones are 50 cents each. Our deadline for legals is 4:30 p.m. Wednesday for the following week's publication. They may be mailed to or dropped off at our office, or give us a call and we will pick them up. Thanks again for considering The Laker.as Mound's official newspaper. We have enjoyed work- ing with the city over the years ~'nd look forward to continuing to do so. Sincerely, Bill Holm Managing Editor, The Laker MINNESOTA SUBURBAN NEWSPAPERS December 21, 1987 City Council City of Mound 5341 Maywood Road Mound, Mn. 55364 Dear Council Members: We would appreciate your designation of the Westonka Sailor to be your official newspapers for the year 1988. The new rate structure for legals effective January 1, 1988 will be: 1 column width 49.7 cents per line - first insertion 27.2 cents per line - subsequent insertions This new rate is based on our new column width of 11.5 picas com- pared to our former width of 9.3 picas. This represents more than a 20% increase in line length. We will provide, at no additional charge, two notarized affidavits on each of your publications. Additional notarized affidavits, on request, will be furnished at 35 cents each. Ail publications should reach this office by Wednesday a.m. pre- ceding our Monday publication. However, we would appreciate re- ceiving any large quantities of legals or any lengthy legals at an earlier time. In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal Publications, 7401 Bush Lake Road, Edina, Mn. 55435. We appreciate being considered as the official newspaper for the City of Mound. Very truly yours, MINNESOTA ~SUBURBAN NEWSPAPERS L. J!~/Canning ~-~ Publisher L3C/mc Publishers of Current Newspapers, Sailor Newspapers, Sun-Current Newspapers and Focus Newspapers 7401 Bush Lake Road · Edina, 'Minnesota 55435 · (612) 831-1200 January 12, 1988 RESOLUTION NO. 88- RESOLUTION APPOINTING - ACTING HAYOR FOR 1988 BE IT RESOLVED, that the City Council of the City of Mound,, Min- nesota, does hereby appoint Acting Mayor for the year 1988. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk /'7 January 12, 1988 RESOLUTION NO. 88- RESOLUTION APPOINTING ACTING CITY MANAGER FOR 1988 BE IT ~ESOLVED, that the City Council of the City of Mound, Min- nesota, does hereby appoint Francene C. Clark, City Clerk, as the Acting City Manager for the year 1988, if the City Manager is disabled, incapacitated, away on city business or away on vacation. If both the City Manager and the City Clerk are disabled, incapacitated, away on city business or away on vaca- tion then John Norman, Finance Director, is hereby appointed as Acting City Manager. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk January 12, 1988 RESOLUTION NO. 88- RESOLUTION APPOINTING TO THE PARK COHNISSION; TO THE PLANNING CONHISSION; AND TO THE CABLE T. V. COHHISSION AS COUNCIL REPRESENTATIVES FOR 1988 BE IT RESOLVED, that the City Council of the City of Mound, Min~ nesota, does hereby appoint the following Councilmembers as Council Repre- sentatives to the following City Commissions for 1988. to the Park Commission to the Planning Commission to the Cable T. V. Commission The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk mm January 12, 1988 RESOLUTION NO. 88- RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1988 BE IT RESOLVED, that the City Council of the City of Mound, Min- nesota, does hereby designate the following banks~and financial institutions as official depositories for the City of Mound in 1988: State Bank of Mound First Minnesota First Bank American National Bank of St. Paul Marquette National Bank Norwest Dain Bosworth, Inc. Kidder, Peabody & Co. Offerman & Co., Inc. Piper, Jaffray & Hopwood Prudential-Bache Minnesota Municipal Money Market Fund MerrilQ Lynch BE IT FURTHER RESOLVED, that the City's deposits shall be protected by. Federal Deposit Insurance and/or collateral in accordance with MSA Chapter 118. BE IT FURTHER RESOLVED, that the City Treasurer is hereby authorized to open or continue an account or accounts with said institutions on such terms as required by said institutions in the names of the City, and to deposit, or cause to be deposited in such account or accounts, any monies, checks, drafts, orders, notes or other instruments for the payment of money, upon compliance by said depository with this resolution and the law in such case provided. BE IT FURTHER RESOLVED, that the designation shall continue in force until December 31, 1988, or until written notice of its revision or modification has been received by said institution. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk January 12, 1988 RESOLUTION NO. 88- RESOLUTION APPROVING THE PURCHASE .OF A $20,000 BOND FOR THE CITY CLERK BE IT ~SOLVED, that the City Council of the City of Mound, Min- nesota, does hereby authorize the purchase of a $20,000 bond for the City Clerk, Francene C. Clark. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in theaffirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk january 12, 1988 RESOLUTION NO. 88- RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR BE IT RESOLVED, that the City Councill of the City of Mound, Min- nesota, does hereby authorize the purchase.of a $20,000 bond for the City Treasurer/Finance Director, John Norman, for 1988. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk January 12, 1987 RESOLUTZON NO. 88- RESOLUTION AUTHORIZING Ti~SFER FROH THE GENERAL FUND TO THE AREA FIRE SERVICE FUND WHEREAS, Resolution #81-394 created a Special Revenue Fund called the Area Fire Service Fund to account for operation of the Fire Department; and WHEREAS, the City of Mound entered into fire contracts with five surrounding municipalities; and ._ WHEREAS, Mound's share of the total cost of fire service is $156,085 for 1987; and WHEREAS, $38,886 of Mound's share is provided by special tax levies which are credited directly to the Fire Relief Fund and Fire Equipment Certificate Fund; and NOW, THEREFORE, BE IT RESOLVED that t.he City Council of the City of Mound, Minnesota, does hereby transfer $117,199 from the General Fund to the Area Fire Service Fund. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Councilmember Johnson was absent and excused. Mayor Attest: City Clerk January 12, 1988 RESOLUTION NO. 88- RESOLUTION TOTRANSFER $23,947 FROH THE LIQUOR FUND AND $23,947 FROH THE GENERAL FUND TO THE 1987 SEALCOAT PROJECT WHEREAS, Resolution 182-46 approved the plans and specifications for a five year sealcoating of the streets in Mound; and WHEREAS, the 1987 Budget called for sealcoating expenses to be funded equally between the Liquor Fund and the General Fund revenues; and WHEREAS, The 1987 Sealcoat Project costs consist of the following: Mc Combs $ .1,354 Mueller 11,076 Allied 35,334 Publishing 125 TOTAL $ .47,894 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound~ Minnesota, does hereby approve transfers of $23,947 each from the Liquor Fund and the General Fund to the 1987 Sealcoat Project. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Councilmember johnson was absent and excused. Mayor Attest: City Clerk CITY of MOUND MOUND; MINNESOTA 55364 (612) 472-1155 January 7, 1988 TO: FROM: RE: ED SHUKLE, CITY MANAGER JIM FACKLER, PARKS DIRECTOR 1988 SHORELINE PROTECTION PROJECT The City of Mound engineer, John Cameron and myself have inspected the:bid submitted by Widmer Brothers for the 1988 rip rapping' project on the Devon Commons. We found that they have met all of the criteria set forth in the bid proposal and recommend that the City Council give their approval for Widmer Brothers to commence work. The project will cover 1,510 ln. ft. of shoreline at a cost of $21,693.50. JF:ls An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities, January 12, 1988 RESOLUTION NO. 88- RESOLUTION TO AWARD THE BID FOR THE SHORELINE PROTECTION & RIP-RAPPING PROJECT TO THE.LOW _ BIDDER, WIDHER BROTHERS, IN THE AHOUNT OF $21,693.50 WHEREAS, pursuant to an advertisement for bids (in the C. onstruc- tion Bulletin and The Laker) for the Shoreline Protection & Rip-Rapping Project, bids were received, opened and tabulated according to law on January 5, 1988, at 10:00 A.M. in the Council Chambers at City Hall, and the following bids were received complying with the advertisement: 1. Barber Construction $ 30,800.00 2. D.H. Blattner & Sons $ 71,715.00 3. Contracting Services $ 21,741.00 4. Dock & Lift Service $ 29,995.00 5. Larson Excavating, Inc. $ 68,399.00 6. Minnetonka Portable Dredging $ 29,785.00 7. Northern N $ 23,499.00 8. Seacom $ 65,920.00 ..9. Sunram Landscape $ 24,775.00 10. Widmer Brothers $ 21,693.50 WHEREAS, it appears that Widmer Brothers in the amount of $21,293.50 is the lowest responsible bidder; and NOW, THEREFORE, BE IT ~SOLVED that the City Council of the City of MoUnd, Minnesota, does hereby award the bid for the Shoreline Protection & Rip-Rapping Project to Widmer Brothers in the amount of $21,693.50. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Councilmember johnson was absent and excused. Mayor Attest: City Clerk Z W W W I-- · w Z ~Z 0 W 0 0~0 00000 00000 0 0 W W W Z W 0 ~~o W Z W W 0 A. THOMAS WURST, P.A. CUP~TIS A. PEARSON, P.A. dAMES D. LARSON, P.A, THOMAS F. UNDERWOOD, P.A. CRAIG M. MER*ri~ LAW OrrlC£$ WURST, PEARSON, LARSON, UNDERWOOD & MERT~ IIOC) FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA ~5402 December 18, 1987 Ms. Jan Bertrand Building Official City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Susan McQueen property at 5444 Tonkawood Road, Mound, Minnesota Dear Jan, As per your request that the City commence hazardous building proceedings for the demolition Of the buildings on the McQueen property, I enclose my proposed City Council Order for Demolition. If you find this document to be in order, please submit it to the City Council for approval. If the Council authorizes this action, please have the Clerk sign six copies of the demolition order. Five copies should be forwarded to me and the last copy should be retained in your files. If McQueen does not comply with the demolition order we will petition the District Court for an order authorizing demolition of the buildings. After demolition has been accomplished, we will petition the Court for an order approving the City's costs incurred in enforcing the City CoUncil demolition order, and ultimately we will be submitting various special assessment documents for purposes of collecting the City's expenses with the real estate taxes. Very truly yours, WURST, PEARSON, LA~SON, UNDERWOOD & MERTZ Craig M. Mertz CMM/lk9 - CITY OF MOUND Hennepin County, Minnesota ORDER FOR REMOVAL OF HAZARDOUS BUILDINGS To: Susan J. McQueen a/k/a Suzanne J. McQueen, formerly known as. Susan Jane Palesotti, and Mae McQueen. NOTICE IS HEREBY GIVEN, that the City of Mound has determined that the structures owned by you on the premises described on Exhibit A attached hereto and made a part hereof, are hazardous buildings as defined by the laws of the State of Minnesota, said determination being based upon the following facts: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) severe unrepaired fire damage, heating plant inoperable, roof fire damaged, basement blocks in poor condition with Cracked floor, fire damaged windows with rotting sashes, masonry chimney in poor condition, load bearing walls in poor condition, nonload bearing walls in fair condition, interior wall surfaces water damaged and fire damaged, storage shed is dilapidated with no floor and roofing is approximately one-half (1/2) off, storage shed doors are open to rodents and shed is full of debris, unsafe stairway to upper level of dwelling, the buildings cannot be locked to prevent unauthorized entry, the dwelling is structurally unsound and floor members are weak and missing due to fire damage, second floor ceiling height does not meet code, the buildings are unoccupied and unattended, 17) the electrical wiring is fire damaged and the electrical service is disconnected, and 18) the premises are littered with debris. Said buildings constitute a hazard to public safety because of physical condition, dilapidation, dangers of fire, unsanitary conditions, and inadequate maintenance.and that by reason of the above facts, the buildings so situated on the above-described premises constitute hazardous buildings within the meaning of Minnesota Statutes Section 463.15 to 463.26. THEREFORE, IT IS HEREBY ORDERED, that the above-described premises and buildings be made safe and not hazardous to the general public, welfare and safety by being razed within thirty (30) days from the date of service of this order upon you, said razing to include removal from the premises of all personal property, fixtures and debris, the filling of all excavations to grade with clean fill, disconnection of utilities, cutting sewer and water lines at the curb, regrading~the premises to match existing terrain, and the capping of any well and/or septic system serving the subj.ect buildings in accordance with state regulations. Unless such corrective action is taken to comply with this order within the time herein specified or an answer is served upon the City Clerk within twenty (20) days from the date of the service of this order upon you, a motion for summary enforcement of this order will be made to the District Court of Hennepin County and the costs of such enforcement, including without limitation, the City's filing fees, service fees, attorney fees, and witness fees shall become a lien against the real property on which the subject structures are located. BY ORDER OF THE CITY COUNCIL Dated: By: ...... · Fran clark,' City. Clerk 5341 Maywood Road Mound, Minnesota 55364 (612) 472-1155 # 101/Corresp -2- EXHIBIT A Lots Fifty-Three (53), Fifty-Four (54), and Fifty-Five (55), Block Three (3), Lakeside Park A.L.' Crocker's 1st Division, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. A RESOLUTION AUTHORIZING THE CITY CLERK TO EXECUTE AN ORDER FOR REMOVAL OF A HAZARDOUS BUILDING BE IT RESOLVED BY THE MOUND CITY COUNCIL: The attached Order For Removal. Of A Hazardous Building setsforth in detail the facts 'which determine that. the structure is a hazardous building. The City Clerk is hereby authorized and directed to execute said Order and shall work with the City Attorney to s~rve said Order on all interested parties. A copy of said Order marked Exhibit A is attached hereto and made a part of the resolution. Mayor Attest: City Clerk '#12~/5 CHECK LIST HAZARDOUS .AND SUB-STANDARD BUILDINGS An inspection form should be filled out relating to the premises. This is necessary to show and state the specific substandard portions and items relating to the structure which we want the council to order repaired.. Pictures are helpful and should, be taken if at all possible. .The findings of the inspection report are incorporated in a resolution to be presented for the council's consideration calling for an enforcement order. Special attention should be paid at this phase'of the proceedings to any questions relating to personal property which may be on the. site, and if personal property is on the site, the owners should be ordered to remove it or it may be'necessary for the City to sell it'before it .can proceed with the order. Service of the council resolution and enforcement ord. erm. ust'be made by personal service .on all of the following: a. C~.~ne r ~ b. Tenants c. Any lien holders. (The owner has 20 days to answer the council' resolution. ) A copy of the resolution containing the enforcement order must be filed, with the clerk of District Court at least five days prior to the filing of a motion to enforce the order. The City must file a notice of lis pend. ens with t~e County Record~er or Registrar of Titles noting the pendency of these proceedings ~escribing wi{h reasonable certainty the lands affected and. the nature of the order. (If the City drops the action, it shall withir~ ten days remove the notice of lis pendens.) If the property owners or other interested, parties do not answer, the City then brings on a motion before the District Court for the enforcement of the council's ord. er. ~,~e then submit affidavits and other data necessary for the court to enter its order. Contested cases are tried by the court under the rules of civil procedure. The one ad. vantace is that the case has priority and moves ahead of other cases on the calendar. 3F C I'TY OW I~UND 7AEPORT OF INSPECTION ?£LATIVE TO HAZAREkQUS 2%ND DD~GEROUS .B_UILDING(S) AT MOUND CITY OF MOUND SITE ADDP~ESS 5444 Tonkawood Road DATE 11-13-87 WHAT INSPECTED PRINCIPAL USES USE ZONE LEGAL DESCRIPTION Fi re damaged house Single family dwelling with §he~ R-I Single family FIRE ZONE N/A Lots 53, 54 and 55, Block 3, A. L. Crocker's 1st Division~ Lakeside Park; PID No. 13-117-24 32 0069 OWNER Mae McQueen ADDRESS · OWNER 58~1 North 81st Street, Scottsdale, AZ Suzanne Jane McQueen' PHONE ADDRESS OCCU'PAN TS 3678 B Cry. Rd. 10E,..Cha§ka, MN. 55318 vacant PHONE 448-7988 ADDRESS HEIRS Property is in probate, PHONE ADDPE.~S GUA RDZ AJN PHONE ADDPZSS L I EN - H OLDE P.S __ PHONE ADDP~Ess PHONE CONSTPUCT/O-"~ OF BUILD-~NG Wood frame,'concrete block basement. '. NO. OF STOPiES 2 TYPE OF HEA. TING PLANT Gas r;,~HrF ~,..-.CHA~]r-AL EQ%'TD,.'£~,'T Not 'op. erable ' BUILDING INSPECTION (HAZAPDOUS & DANGEROUS) TRIC LIGHTING AND WIRING CONDITION OF ABOVE None - fire damaged and service disconnected. KIND OF ROOF Wood with rolled and compm~ltlnn ~ph=!t.shlng!es CONDITION OF ROOF 'Fi re d~maged - holes' ,oatehe~t CONDITION OF BASEMENT Poor - blt~cks and floor cracked. Poor - glass broken, fire damaged, some sash rotting. CONDITION OF WINDOWS ADEQUATE LIGHT AND AIR PROVIDED Okay CONDITION OF' SILLS Poor CONDITION OF CHIMNEYS ATTIC: HOW USED CONDITION OF FOUNDATION WALL CONDITION OF BEARING WALLS DITION OF NON-BEARING WALLS CONDITION OF EXTERIOR WALLS ? CONDITION OF PLU~iBING Masonry.chimney'poor condition with luminum liner ~k:_,y ~ See' basement. Poor Fal r F~ir to poor ~ee below CONDITION OF OTHER SANITARY FACILITIES ? CONDITION OF COOKING EQUIPMENT FI redamao~ed. MUNICIPAL WATER X WELL CONDITION OF INTERIOR, LATH AND PLASTER, ETC. TYPE D_ND CONDITION OF FIRE PROTECTION EQUIP~~tENT OR FACILITIES ML~ ICIPAL SEWER X Water damaqed and fire damag~rl None DI_~ENSION OF BUILDING Unknown - appear to meet Zoning minimums. SETBACKS , FRONT REAR .SIDES DISTANCE FRO~ OTHER BUILDINGS 20 feet + RY, S IN GENE?J~-L The'building was extensively fire damaged Nov. 18. ]986..' Fir- ri~.n~rtrnen imates $45,000; the appraised value in 1986 was $19,700.; it was virtually impossi.bJa to around inside to determine how much the plumbing would be damaged, but all fixtures are in ~oo~ condition;~the storage shed is dilapidated with no floor~ roofing is approximately half off4 shed type doors are open to rodents and full'of debriS; unsafe stairway; low ceiling upstairs. PAGE THREE BUILDING INSPECTION (HAZA.W/)OUS & D.~A]GEROUS) LIST SEPARATELY ALL PEPJMITS ISSUED FOR BUILDING BUILDING Rite Roofing & Bldrs. HEATING HRA PLUMB IN G 5970 - 82 New roofing and sheathing 82-107 ~?.b¥Or-'7' 1982 Minnetonka Electric installed 100 AMP electric service and circuits. 1982 Curt. B. Bee installed plumbing throughoUt for maintenance. CONCLUSIONS: IS BUILDING A FIRE HAZARD? Yes ~HY !t is not secured from vandals; boards and windows have Seen remOved, IS BUILDING A HAZARD TO PUBLIC SAFETY? Yes WHY unsound; floor members are weak and missing from the fire. The building is structurally IS BUILDING A HAZAP. D TO PUBLIC HEALTH No WHY _ RECOmmENDATION: CHECK OldIE X -REPAIR (LIST ALL REAPIRS REQUIP-ED) New floor joists, new wall portions, stairways to basement and upstairs, raise roof to 7 foot 6 inches minimum ceiling height, support walls, wiring, plumbing and electric fixtures and circuits, RE~.OVAL WERE PHOTS TAKEN? No. 'IF .SO, ATTACH COPIES TO THE REPORT. PAGE FOUR BUILDING INSPECTION (HAZAPDOUS & DANGEROUS) OF ALL INSPECTORS WHO INSPECTED THE PREMISES AND FILED REPORTS: Carol Sallstrom, Hennep.in County Planning and Development Office - prior to the fire; Don Bryce, Fire Chief; Jan Bertrand, Building Official; Curt Ha§fors, Electrical Inspector - prior to the fire. ADMINISTRATIVE REVIEW BY ATTOP~NEY REVIEW ATTORNEY ACT ION COb'N C IL HEARING ~IL ACTION BUILDING POSTED ORDER SERVED TI¥~E FOR COMPLIANCE HOW SERVED DATE DATE DATE DATE DATE 'DATE DATE COURT ACTION TAKEN FILED WITH.CLERK OF COURT FILED WITH cOUNTY ~CORDER DATE DATE × 7-. rtl.- I-- e,.,, I:~ ULt~ ~.. J~ I-'U .r',,, ,! · I I t 1 ! I I I .'! A. THO~4*5 WURST. P.A. CURTIS A Pr*!qSON. P.A. ~IAHE$ O ~RSON P.A THOHAS F. UNOEaWOOD. P.A. CRAIG M. MER~ ROGE~ ~.' FELLOWS LAW OF'rICES WURST, PEARSON, LARSON, UNDERWOOD & MERTZ uoo r,~sT eAN~ PLACE WEST MINNEAPOLIS, MINNESOTA 55402 ?r LE:IaHONE November 17, 1987 Ms. 'Mae McQueen 5851 North 81st Street Scottsdale, Arizona 85253 Re- Fire .Damaged House at 5444 Tonkawood Road, MoUnd, Minnesota Dear Ms. McQueen: This .office represents the City of Mound. The City .has asked us .to commence-prpceedings for the destruction of the above-referenCed house .and for assessment of the City's demolition costs. The building official, Jan Bertrand, called me and advised me that you had requested copies of portions of my file on this. I enclose the following items: 1. Inspection Report, November 18, 1986 letter from Jan Bertrand addressed to William McQueen. If you wish to avoid demolition of the building and assessment of costs, you must work out a clean-up agreement with Jan Bertrand within 10-days of the date of this letter. Very truly yours, WURST, PEARSON, LARSON, UNDERWOOD & MERTZ CMM/lkg q~Enclosures Craig M. Mertz .~.// I '7, ! · ,..,,.I t.:.., N~. 4~? ('t 0,'~) ~ STATE OF MINNESOTA COUNT~ OF HENNEPIN UNIFORM CITATION NO. D~S~R~CI COURT DRYER'S LICENSE NUMSER 3~17x I j ~.~.~ DATEOFOFFENSE TIME I METERNUMBER ~Ol,~?[~i~? IllI -! t I I i VENICLE LICENSE PLATE · -- STA'fE YEAR MAKE [ MODEL ~LOR L~AT~N & C~ ENDANGER LIFE ~ ACCIDENT' - OR PROPER~ GONDITIONO BA~ENUMBER I ORINUM~En i ~ , I il illI"i"i07~7~ agree to respond to this citation and understand t ~at if I lail to do $o within 7 days, increased ~enalties will be assessed and a warrant will l~e issued for my arrest. If a warrant is issued, a penalty of $30 will be added to the fine, )EFENDAN~S SIGNATURE COURT COPY - DO NOT WRITE ON REVERSE t CITY of MOUND MOUND, MINNF$OTA 55364 November 18, 1986 (612) 472-1155 Mr, ~illiam McQueen: 4985 Minneapolis A~enue Mound, MN. 55364 Rei 5444 Tonkawood Road, Mound, Minnesota Dear Sir: Our office is receiving complaints ~egarding your property at 5444 Tonkawood Boad in the City'of Mou~d. You will need to remove all debris from the site and properly secure the buildi.ng or remove, it within 48 hours as per Uniform Building Code 2.03. The openiggs-withln ten feet ~f grade shall be covered.with i/2 inch exterior, grade plywood:secured with ga.lvanized 8d..box nails or equal, The plyw6od shall' be accurately cut to.fo?m a snug ~it inside of the openipg casings, and sill, The panels shall be securely installed by nailing all edges with nail spacing.not to exceed 12 inch on.center, All openings less than 4 feet by 8 feet shall be covered'with a single piece of plywood, YOU ARE [URTHER NOTIFIED that i.f you fail '~o comply with this order before November 21, 1986, I will cause the accumulation of debris, etc. to be.removed and secure the building to-eliminate the. hazardous condi- tions and the cost thereof.will.be assessed against the aforesaid · premises and collected, ln the:manner provided by said Code of Ordinances 'Section 60,50 - 60,52, inclusive, ! need to discuss with.you the necessary removal of the building within ten (]0).days, The structure is substandard and in an unsafe condition' under the provisions of'the State Building Code, Section 203. No Occu- pancy' of the building wi]] be permitted until necessary repairs are completed, If ! can"be of any further:assistance or you have any question regarding this compliance order, please call me. Your~ truly__.. Jan Bertrand Building Official JB/ms Ms. Jan Bertl'and R,~, ~!a.~ ?].~, ! rr:;?..~r-tr,r CITY OF MOUND ~"~ ~ Maywood Road Mound.,' Minnesob. 55364 De. ar .Iai'i: um,,:~.Ie and unsightly · ,---, 'a.' note o~'~ record rega!'.(Ji!:9 the "'-"-' ]u:;t ,.,,,,:,nt..d to .c_,et a :']~'--;~'t~,'t hc..rne ' ~ ............... Jarl,.] (:ar)on ToI:k.a:,.,,:u:.::.~ ~..oad. The t'.,c, me (forrner!y Pale:::otti's), is right behir.,d' B,.',t'., .. .~.lil:.:..-i .:, t~.ouse on Tor:kawood, ar.,d has been deserted for :_--;everal rnont.hs. There is also a car Parked out .front.,' wtli.ch his not been moved in rnont.hs..Every window in tl'~e house has been broken, and i'm sure t.he place is a rea! haven I'or rodents ar:d other animals. It. also appears tr,.~ be a threat to tY:e safety of ally children · ,,,'.,:t:o may in:,'~.<tfo'::,f~ it as tJ-~ ::;tep'.:: appear ir> t::,s ....... ' .......... <.. ................... h:.:, :::ib~;:~tjc~n, ail,.:] if they l'~.]] ¢~J'~ Jt-~ll.,l'.:,<.)l!., F:','~ ~}~I'~J]l~ly worried ab(:~.tt t- '~. _ ..... . , t-.1,_,. <` '-~",,, ...~l 't... i'.,'iade a. forr:',,al (:OlTl?la. illt t.~et.,,.., tl'iey will .......... ...... "" ~m" <.t~ ,~-. wtli(:h can be t;:_tt.'.eI'i tr..) ::,JJ~vi.:~t~ this dangerous .... '" YY ~ ale.:![.>! et.l,:t~..~ ':--'l ....... : ......... " ...... .~,.:~,,51-, ,.~ ;,, .:.:t.L,.;-1. f..~-~II. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 FROM: Date: Subj: City Council and Staff .,~/ Mark Koegler, City Planner January 7, 1988 Proposed Amended Resolutions (87-679 & 87-680) Enclosed, please find 2 resolutions pertaining to cases 87-679 and 87-680. The purpose of these resolutions is to clarify that the City's intent in approvinG each of these lot splits was to waive the subdivision requirements found in Section 330 of the Mound Code of Ordinances. Approval of these resoultions is recommended. RESOLUTION NO. 88- RESOLUTION SUPERSEDING RESOLUTION NO. 87-217 TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A WAIVER OF SUBDIVISION REQUIREMENTS PURSUANT TO SECTION 330:185 OF THE MOUND CODE OF ORDINANCES FOR LOTS 5 AND 6 , BLOCK 13, THE HIGHLANDS; PID# 23-117-24 31 0053; (P & Z CASE # 87-679) WHEREAS, an application to waive the subdivision requirements contained in Section 330 and under Chapter 462 of the Minnesota State Statute and all proceedings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision requirements contained in Section 330 of the City Code has been filed with the City of Mound; and WHEREAS, said request for waiver has been reviewed by the Planning Commission and the City Council; and WHEREAS, it has been determined that there are special circumstances affecting said properties such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; and that the waiver is necessary for the preservation and enjoyment of the substantial property rights; and that granting the waiver would not be detrimental to the public welfare or injurious to the other property owner s. 'NOW, THEREFORE, BE IT RESOLVED, by the City Council, the City of Mound, Minnesota; the request of the applicant for the waiver from the provisions of Section 330 of the City Code and the request to convey the property of less than 5 acres, described as follows: Lots 5 and 6, Block 13, The Highlands; PID # 23-117-24 31 0053. A: It is hereby granted to permit the conveyance in the following manner as per Exhibit "A": parcel A: The South 65 feet of Lots 5 and 6, Block 13, The Highlands Parcel B: Lots 5 and 6 except the South 65 feet, Block 13, The Highlands. B. Upon the further following conditions: All utility service connedtions and easements shall be reviewed by the City Engineer and his recommendations followed as per his letter dated December 11, 1987. 2. Driveway and utility entrances from County Road 44 will require Hennepin County permit approval. Ce It is determined that the foregoing conveyance will constitute a desirable and stable community development and it is in harmony with adjacent properties. RESOLUTION 88- De The City Clerk is authorized to deliver a certified copy of this re~olution to the applicant for filing in the Office of the Registrar of Deeds, or the Registrar of Titles of Henneptn County to show compliance with the subdivision regulations of the City. This lot conveyance is to be filed and recorded within 180 days of the adoption date of this resolution. RESOLUTION NO. 88- RESOEUTION SUPERSEDING RESOLUTION NO. 87-218 TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A WAIVER OF SUBDIVISION REQUIREMENTS PURSUANT TO SECTION 330:185 OF THE MOUND CODE OF ORDINANCES AND A VARIANCE OF LOT WIDTH FOR LOTS 40, 41, THE NORTH 1/2 FRONT AND REAR OF 42, WHIPPLE SHORES; PID# 25-117-24 21 011 (5346 PIPER ROAD) (P & Z CASE NO. 87-680 A & B) WHEREAS, the conveyance of Lots 40, 41 and the North 1/2 front and rear of 42, Whipple Shores has been submitted in the manner required for plazting of land under the City of Mound Co'de of Ordinances, Section 330 and under Chapter 462 in the Minnesota State Statute and all proceedings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision requirements contained in Section 330 of the City Code has been filed with the City of Mound; and a lot width variance has been requested for the R-1 Single Family Residential District; and WHEREAS, said request for waiver has been reviewed by the Planning Commission and the City Council;and ~EREAS, it has been determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; and that the waiver is ~ecessary for 'the preservation and enjoyment of the substantial prdperty rights; and that granting the waiver would not be detrimental to the public welfare or injurious to the other property owners. NOW THEREEORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota; the request of the applicant for the waiver from the provisions of Section 330 of the City Code, and lot width variance; Lots 40 and 41; the Northerly half of Lot 42 described as follows: Beginning at the Northeasterly corner of said Lot 42; thence in a Northwesterly direction along the Northerly line of the ~ot to the shore of Lake Minnetonka; thence in a Southerly direction along the shore of Lake Minnetonka to a point which is equally distant from the Northwesterly and Southwesterly corners of the lot; thence in a ~outheasterly direction to a point in the Easterly line of said 16t distant 15 feet from the Northeasterly and Southeasterly corners of the lot; thence in a Northwesterly direction along the Easterly line of said ~&t"to point of beginning. (Since the description does not define clearly the Southerly line of said property, for purposes of this survey, said line is assumed to be a straig-ht line drawn Westerly from the midpoint of the Easterly line of said Lot 42 through an existing iron marker distant 232.30 feet Westerly by the end of an existing fence.) A. It is hereby granted to allow waiver of subdivision requirements and variance subject to the following conditions: HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF HEARING ON PROPOSED VACATION OF CERTAIN PERPETUAL EASEMENT OVER PART OF LOTS 4 AND 10, BLOCK 12, SETON NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota,wiill meet in;the Council Chambers, 5341 Maywood Road, at 7.:30 P.M. on Tuesday, February 9, 1988, to consider the vacation of the following desccibed easement: A perpetual easement 10 feet in width for public sewer and other utility purposes, including the right to open, 'lay out, construct, maintain and service the same and the right to;remove trees, brush and soll therefrom, over,.under and across Lots 4 and 10 In Block 12 of Seton,.according to the plat thereof on file and of record in the office of the Registrar of Ti.tles in and for said county, the centerline of said easement being the East. line of said. Lot 10. 'Such persons as desire to be heard with reference to the above will be heard at this meeting. F~an Clark, CMC, City Clerk Publish in The Laker January 18, 1'988 & January 25, 1988 RESOLUTION 88- Non-conforming portions of the garage and principal structure on Lot A as shown on Exhibit 1 shall be removed. 2. Property owners shall provide and record all necessary utility easements. 3. Lot B will be assigned 1 park charge at the current applicable amount, but not less than $300. 4. The applicant shall prepare and submit a new drawing showing conforming lot width On Lot B and appropriate 5. This lot conveyance is to be filed and recorded within 180 days of the adoption date of this resolution. 6. If shed on Parcel B is below the flood plain, it must be removed. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant for filing in the Office of the Registrar of Deeds, or the Registrar of Titles of Hennepin County to show compliance with the subdivivision regulations of the City. For January 12, 1988 Council Meeting January 7, 1988 GAMBLING LICENSE -- Class A (Bingo, Raffles, Paddlewheels, Tipboards, Pull-tabs) Renewal - New License Period 3-1-88 to 2-28-89 Our Lady of the Lake 2385 Commerce Blvd. Mound, Minn. 55364 THIS APPLICATION WILL BE REVIEWED BY THE CHARITABLE GAMBLING CONTROL BOARD AND IF APPROVED BY THE BOARD WILL BECOME EFFECTIVE 30 DAYS FROM THE DATE OF RECEIPT (12-30-87), UNLESS A RESOLUTION OF THE LOCAL GOVERN- ING BODY IS PASSED WHICH SPECIFICALLY DISALLOWS SUCH ACTIVITY AND A COPY OF THAT RESOLUTION IS RECEIVED BY THE CHARITABLE GAMBLING CONTROL BOARD WITHIN 30 DAYS OF THE ABOVE DATE. OTHER GAMBLING LICENSES IN MOUND ARE: Class A - American Legion #398 Class B - Northwest Tonka Lions AT: The Jock Club VFW Post #5113 Page 2 -- January 12, 1988 Council Meeting NEW LICENSE APPLICATION Tree Removal - License Period 1-1-88 to 3-31-88 Eklunds Tree Service 4220 Co. Rd. 10 N. Watertown Minn. 55388 BILLS ...... JANUARY 12, 1988 BATCH 7123 BATCH 7124 SuperAmerica Dec gasoline Metro Waste Control Commission Jan Sewer Serv 56,662.50 59,131.89 633.71 25,263.01 TOTAL BI LLS 141,691.11 PAGE. 1 AP-C02-O1 VENDOR INVOICE DUE H(3.D NO. INVOIL'E ~ DATE DATE (;TAll.~ ALI. ST~ FIFCTRIC A0399 ASHCO BO549 PF~E-PAID 1105188 1105188 V~ TOTAL PRE-PAID 11O5188 1105188 VENI)DR TOTAL PRE-PAID 1/05/88 1/05/88 PRE-PAID 1105188 1105188 PRE-PAID 1/05/88 BELLBOY CORFt]RATIDN VENDOR TOTAL I)0580 PRE-PAID 1/05/88 11O5188 BILL CbqiU{ OIL CDi~P~Y ~ TDTAL C(YT'y20 PRE'PAID 1/05/88 1/05/88 PRE-PAID I/O5/88 1/O5/88 CITY OF MOUND VE]qI~]R TOTAL C1001 PRE-PAID I/O5/88 1/05/88 COM~ISSIONEB OF REVENUE VENDOR TOTAL Dl152 'DAIN ~SW~TH, INC D1211 ~B~ IHD~SDN D121'9 DELBERT RUDOLPH PRE-PAID 1105188 1/05/88 VENDDR TOTAL PRE-PAID 1/05/88 1/05/88 VENDDR TOTAL PRE-PAID 1/05/88 1/05/88 VENDOR TOTAL PURCHASE JOURNAL CITY OF MDL)~ 128.39 128.39 4,250.00 4~,.,0.00 1,364.83 1,666.8:1 1,666.81 2,802.39 2,802.39 5834.03 769.32 769.32 769.32 22.37 22.37 28.52 15.44 43.96 4,893.04 4,893.04 '27.00 27.OO 27.00 I35.00 2~.00 35.00 35.00 34. O0 34.OO DESCRIPTION PdEPAIR P~U< LOT JFd~.-CD d~Ui.-CD LIQ LIQ JRNL-CD LIQ ,JRM_-CD REPLEN P/C JRNL-CD ORAL B(]ARJ)-P/C SUFq:q. IES P/C ~-CD NO~ SALES TAX J~'IL-CD ERR-BAL DUE WIPE ,.EU, L-CD MICROFILM PESOLUTIDNS MI~DFILM :1~3 REPORTS JR~L-CD ~ C(]NTFtACT HDU~ JRNL-CD 01-4280-4200 1010 PRE-PAID 128.39 DATE 1/ TIME 10;: 27,°33 12/~ 01-2300-OOO0 1010 42~.00 27908 12/1) 71-7100-9510 '. 1010 1364.83 71-7100-9510 I010 1666.81 27904 12/lj 27~18 12/Z 71-7100-9510 1010 2802.39 27924 12~ OI-I~.,O-O(XX) 1010 769.32 71-7100-2200 1010 22.37 43.96 01-4140-3110 01-4140-22OO 1010 48~.04 71-35~-0000 1010 27.00 84-1(790-0000 1010 385.00 01-4020-4260 01-4140-4260 I010 34.00 01-43~0-31OO I010 27913 12/~ 27905 12/L~ 27~'7 27915 12/Y 27949 12~ 27932 PAGE 2 AP-C02-01 VE]qlX]R ~.I~I~ HR 11O5188 PRE-PAID 11O5188 HOLO STATUS 1/05/88 1/05/88 PRE-PAID Ell PHILLIPS & SONS G1870 GERALD BABI) G1972 1/05188 11O5188 VENDO~ TOTAL PRE-PAID 11O5188 11O5188 ~.~lC~ TOTAL PRE-PAID 11O5188 1/O5/88 PRE-PAID 1105/88 I/O5/88 GRIGGS COOPER & CO~Y ~ TOTAL PURCHASE ,JOURNAL CITY OF MOUND AMOUNT DESCRIPTION 77.0~ LIQ 1.54- DISC 75.52 ,..IRJ~.-CD 276.~ LID ~6.52 WI~ 10.83- DISC 732.37 739.74 LIQ 336.70 WI~ 18.16- DISC 1,05.~.~ JPJ4.-CO 1866.17 277.20 SI.60 558.80 DABB-MILEAGE FIRE]iEN-MI~ JRt~.-CD 1,103,89 LIQ 2~.70 WINE 75.50 MIX 27.72- DISC 11.25 FRT 1,369.62 JRNI.-CD 1,33%38 WI~ 26.79- DISC 11.70 mT 1,324.29 JPJ(L-CD 2693.91 71-7100-9510 71-7100-95~0 I010 71-7100-~510 71-7100-9520 71-7100-9560 1010 71-7100-~10 71-7100-9520 71-7100-fro60 1010 22-4170-33~0 22-4170-3340 1010 71-7100-~510 71-7100-9520 71-7100-9~40 71-7100-f~0 71-7100-9600' 1010 71-7100-9520 71-7100-9560 71-7100-9600 1010 ~1,50 PRE-PAID 256.50 PfU)P TAX 01-4320-5310 1/05/88 1/05/88 2~J.50 JRI~.-CD 1010 4.94 BAL DUE PROP TAX 4.94 JF~.-CD 261.44 69.40 DEF COMP SHALE 12/12PR 69.40 JRNL-CD 69.40 DEF CD~-5~ 12/26PR 69.40 ~RNL-CD 138.80 )L~)( CO TREASU~iER PRE-PAID 1/05/88 1/05/88 VEI~I~]R TOTAL FlUE-PAID 1/05/88 1/05/88 PRE-PAID 1105188 1105188 I2301 ICMA RETIRemENT CORP VENDOR TOTAL J2579 FIUE-PAID 65~.~ LIQ 1,151.98 WI~ 25.27- DISC' 1,815.96 JRiI_-CD 01-4320-5310 1010 01-4040-1400 1010 01-4040-1400 1010 71-7100-9510 71-7100-9520 71-7100-9560 1010 PRE-PAID A. MDU~ 75.52 732.37 1369.62. 1324.29 4.94 69.40 69.40 1815.96 DAlE 1/05/ TIME I0.20. CI-ECK CHE~ ) DATE 27922 12/21/ 27925 12/22/ 27947 12/29/ 27952 12/30/ 27919 12/21, 27945 12/~, 27914 12/17 27~o6 12/30 279O9 12/17 27955 12/31 279~ 12/2~ PAGE 3 AP-C02-O1 PURCHASE CITY DF HDUNI) AHDUNT DESCRIPTION JOURNAL A~ N~ ~ATE 1/0. TI~ 10.2~ PRE-PAIl) CHE:: PR~-PAID 1/05/88 dDHNSON BROS WHOLESALE LI* VENDOR TOTAL PRE-PAID 1/05188 11O5188 ~ PA~ET~ CDII~Y VENDOR TDT~ ~121 F~E-PAIB !/05/88 !/05/88 I'~NARD'$ ~ TOTAL I'13320 Ft~-PAID 1/05/88 lin DEPT OF PUBLIC SAFETY VENITJR TOTAL I'I3370 PRE-PAIl) U05/88 U05/88 tin POLLUTION CONTROL AGENC VENI)DR TOTAL !~3520 FI~E-PAID 1/05/88 1/05/88 ~-PAID 1/05/88 1/05/88 MDUN1) PDSTliAST~ VENI)OR TOTAL F.'~, 50 PR-PAID 1,665.57 LIQ 613.96 WIG 29.4b- DISC 2,240.07 JR,-CD 133.20 BAGS 1~.20 JRNL-CD I~.20 180.00 IST Ail) KIT8 1~.00 ~-CI) 180.~ 3.00 DUPL LIC PLAT 3.00 JPJ~L -CI) 3.00 60.00 REGISTR-KIVISTD-PPD 60.00 ~-CD 55.80 Fl~STG-Wll~ Bills ~.80 PDSTS-WTR BIll8 111.60 25.94 FEF~JENI~ Fq3STAC~E ~.~ ~tJENI~ POSTAJ3E ~T~ 17.~ ~I~ F~T~ .66 ~I~ ~T~E ~T~ 90.18 ~ISH ~T~ 5.59 ~I~ ~T~ 10.~ ~I~ ~ST~ 24.~6 ~I~ ~T~E ~.~ ~I~ ~T~ 67.~3 ~I~ ~T~E HE~ 54.~ ~I~ ~STA~ ~.~ ~4I~ ~ST~E 67. ~ 4.52 ~I~ FQST~E 12.~ ~ISH ~T~E ~.21 P~TA~-SECT 8 2.~ ~I~ ~TA~ 3,~ ~t~I~ ~ST~E 17.~- ~LENISH F~TA~ 600.00 ~-CD 711.&O I04,~ PE~ 12/l~R 71-7100-~510 71-7100-~20 71-7100-~-'~:,0 1010 71-7100-2200 1010 22-4170-2270 1010 01-4140-4100 1010 78-1285-0000 1010 7~-7300-3210 78-7800-3210 1010 01-4070-3210 01-4020-3210 01-(~0-3210 01-40~0-3210 01-40~0-3210 22-4170-3210 71-7100-~10 01-43~-~10 01-4350-2210 01-4190-3210 73-7300-~10 78-7800-~10 01-41~-~I0 01-4280-~0 01-4270-~10 01-41~0-~I0 01-4030-~10 66-6000-~I0 01-43~-2110 I010 73-7300-1440 2240.07 2?946 12/~. 1~.20 2795~) 12/21 180.00 27~17 12/2; 3.00 27912 12/11 ~.~ 27926 12/Z 111.~ 27~16 12/2 600.00 279;'9 P/~E 4 ~,-C02-01 PURCHASE JOURNAL CITY OF ~ RTE 1/05,, TIME 10.20, DESCRIPTION PRE-PAID [;~ 1/05/88 1/05/88 151.59 PERA 12/12PR 93.41 PERA 12/12PR 365.78 PERA 12/12PR 84.73 PERA 12/12PR 1,829.~ PERA 12/12PR 49.84 PERA 12/12PR 63.32 PERA 12/12F~ 143.59 PEP~ 12/12PR 4&.87 PERA 12/12PR 2,~'~3.2~ ,.IRll.-CO 78-7800-144~ 71-7100-1440 01-4280-1440 01-419O-1440 01-4140-1440 01-4290-1440 01-4040-1440 01-40~-1440 01-4340-1440 1010 2933.29 27910 12/171 nE-PAID 1/05/88 1/05/88 100.22 PERA 12/28PR 188.06 PE~A I2/26PR 107.56 PERA 12/26PR 332.74 PERA 12/26PR 87.01 PERA 12/26F~ 1,893.36 PERA 12/26PR 46.54 PER~ 12/26PR 63.3'2 PERA 12/26~ 143.58 PtERA 12/26PR 46.87 ~ 12/2~R 3,009.26 73-7300-1440 78-7800-1440 71-7100-1440 01-4280-1440 01-4190-1440 01-414.0-1440 01-425'0-1440 01-4040-1440 01-4090-1440 01-4340-1444) 1010 3(X)9.26 27~ 12/31, PERA VENDDR TOTAL 5942.55 F~KE-PAID 1/05/88 1/05/88 1,020.14 805.66 28.48- 1,797.32 LIQ WINE DISC dR~I.-CD 71-7100-~510 71-7100-9520' 71-7100-9560 1010 1797.32 27921 12/21, PR]E-PAID 340.75 3.43- 1/05/88 1105188 337.32 WINE DI~ ~NI.-CD 71-7100-~2O 71-7100-9560 1010 ~7.32 27948 12/29 QL~qLITY WINE & SPIRITS VE]qIX]R TOTAL 2134.~ R4200 PRE-PAID 27.15 1987 BAL DUE 01-4140-3610 1/05/88 1/05/88 27.15 JPJ~.-CD 1010 '27.15 27950 12/30 R L YOUNG[~AHL &' ASS~]CIATES VENDOR TOTAL 27.15 S45~ F~UE-PAID 1/05/88 1/05/88 175.~ FICA 12/l~R 25,5.04 FICA 12/12PR 157.15 FI~ 12/1~ 362.11 FI~ 12/l~R 142.56 FI~ 12/12PR 8.3.05 FICA 12/12PR ?.23,~ FI~ 12/12PR 241.54 FICA 12/1~R 83.98 FICA 12/1~R 78.~ FICA 12/12F1~ 4.35 FICA-ME]) 12/12PR 28.87 FICA-NED 12/12PR 7.98 FICA-MED 12/12~ 1,844,~2 dP~CD 73-7300-1440 78-7800-1440 71-7100-1440 01-4280-1440 01-4190-1440 01-429O-1440 01-4040-1440 01-409O-1440 01-4140-1440 01-4340-1440 01-4020-1440 01-4140-1440 71-7100-1440 1010 1844.~ 27911 12/1l PAGE 5 AP-C02-O1 PURCHASE JOURNAL CITY OF ~ bATE 1/~ TIMiE 10.2C NO. INVOI~ {~MBR {)ATE I)ATE ~TATU~ AMOUNT I)E~f~tlPTION PRE-PAID CHEC PRE-PAID 1/05/88 1/05/88 l&8.&O FICA 12/26PR 316.39 FICA 12/26PR 180.95 FICA 12/26PR 335.70 FICA 12/26PR 146.38 FICA 12/26PR 78.29 FICA 12/26PR 216,20 FICA 12/26PR 241,54 FICA 12/26PR 84,~0 FICA 12/26PR 78.86 FICA 12/26PR 28.4B FICA-HED 12/26PR 10,43 FICA-HEI) 12/26PR 1,B36.72 JiU4.-CD 73-7300-1440 78-78(X)-1440 71-7100-1440 01-4280-1440 01-4190-1440 01-42~1440 01-4040-1440 01-4090-1440 01-4140-1440 01-4340-1440 01-4140-1440 71-7100-1A40 1010 188~.72 27~54 12/3 STATE BA. Nt<OF MOUND VENDOR TOTAL 3731.64 94510 PRE-PAID 44.~ CODE BOOKS 01-4140-3510 1/05/88 1/05/88 44.50 JRNL-CD 1010 27921 12/~ STATE DF MN-I)DCUMENTS VENDO~ TOTAL 44.50 S4540 PRE-PAID 15.00 EXAM FEE-KIVISTD-PPD 78-1285-0000 1/05/88 1/03/88 15,00 dP, NI.-CD 1010 15.00 27927 12/2 STATE TRF_AJSURER ~ TOTAL W5520 PRE-PAID 1/O5/8B 1/o5/B8 15.00 8.00 CHAM3ER MTO 8.00 CHAMBER MTG 8.00 CHAJ~ER M'[6 ' 24.00 ,,I~tL-CD 01-4140-4120 01-4~)40-4120 01-40~)-4120 1010 24.00 27~ 12/1 WESTD{~<A CHAMBER OF COMHER VENDO~ TOTAL 24.00 Z6044 PRE-PAID ~.34 REFLIN~-PARTIAL-WINE PEP, MIT 1/05/88 1/05/88 33.34 JFd,{L-CO 01-3111-0000 1010 33.34 27907 12/I D'¥INCI'8 VENDOR TOTAL Z6045 PRE-PAID 450.00 1987 OFFICERS PAY 22-4170-1370 1/05/88 1/05/88 4.50.00 JRNL-CD 1010 450.00 ALVIN DPITZ VF. NIOR TOTAL 450.00 ' Z6046 PRE-PAID 350.00 1/05/88 1/05/$'8 350.00 1987 OFFICEF-d3 PAY JiUI.-CD 22-4170-1370 1010 50.00 279'~ 12/; MIF_J'i~L:I. SAVAGE ~ TOTAL 350.0<) Z6047 PRE-PAID 350.00 1987 OFFICERS PAY ~-4170-1370 1/05/88 1/05/88 350.00 JR)i-CD 1010 27~ 12~ ~qEGORY JO~_~ON VE~ TOTAL 350.00 Z6,048 PRE-PAID 1/05/88 1/05/88 300.00 1987 OFFICERS PAY 300.00 JRNL-CD 22-4170-1370 lOlO ~0.00 27~7 12/; PAGE 6 AP-C02-01 VENDOR INVOICE fide HOLD ND. INVOICE NMBR DATE DATE STATUS DWAYNE PLATZ~ VENDOR TOTAL Z6049 PRE-PAID 1/05/88 1/05/88 BARRY PALM VE]tDD~ TOTAL Z6050 PRE-PAIl) 1/05/88 1/05/88 LARRY HEITZ VENIE)R TOTAL 16O51 PRE-PAIO 1/05/88 1/05/88 DAVID BOYD VEND~ TOTAL Z6052 PRE-PAIl) 1/05/88 1/05/88 JD)~ BEAUCHAMP VENDOR TOTAL Z6053 PRE-PAIO 1/05/88 1/05/88 sTEVE ERICKSDN VENDOR TOTAL Z60S4 PRE-PAIO 1/05/88 1/05/88 DAVIl) CARLSON VENDOR TOTAL PRE-PAID 1/05/88 1/05/88 TEO STALLMAN VEN[~3R TOTAL Z60~ PRE-PAID 1/05/88 1/05/88 B & l) IJNDE~G~'DL~ VENDOR TOTAL .Z60b'7 PRE-PAID 1/05/88 1/O5/88 EUGENE BERENT VENFJDR TOTAL TOTAL ALL VENDORS PURCHASE JOURNAL CITY DF MDUNI) AMOVNT DESCRIPTION 300.00 300.00 1987 OFFICERS PAY 300.00 1987 DFFICEtFj PAY 300.00 ,J~.-CD 300.00 1987 OFFICERS PAY 200.00 1987 OFFICERS PAY 200.00 200.00 1987 OFFICERS PAY 200.O0 JRNL-CI) 20O.00 1987 OFFICERS PAY 200.00 JRbE.-CI) 200.00 1987 OFFICERS PAY 14,479.09 REFUND-BURTON ESCROW 14,479.09 14479.0~ 25.52 REF1JND-OVE~PDWTR BILL 5.01 REFU~I)-DVERPI) WTR BILL 30.53 30.53 56,662.50 22-4170-1370 1010 22-4170-1370 1010 22-4170-1370 I010 22-4170-1370 1010 22-4170-1370 1010 22-4170-1370 1010 22-4170-1370 1010 01-2300-0967 I010 73-3740-O000 78-3740-0000 1010 DATE 1/00/ TIlE 10.20. PRE-PAID CHE~ ~ CLEO( J DATE 3OO.OO 27~'J8 12/29~ 3OO.0O 27939 12/29, 300.0O 27940 12/29~ 200.00 27941 12/29~ 200.0O 27942 12/29, 200.00 27943 12/29. 200.00 27944 12/29 14479.09 271~23 12/21 30.53 27951 12/3C PAGE 1 AP-C02-OI INVOICE DUE HOLD ND. INVOICE II~BR I)ATE ))ATE STATUS AOO60 AOISO AL GE~DI_I) WELglNG BO600 BLACKDWIAK AND ~N B0640 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VB~DDR TOTAL 1/07/88 1/07/88 BOTTLING SERVICES INC--BSI VENDOR TOTAL B0660 B~MAN DISTRIBUTION B0680 BRA[FDF~ ROY B0730 BRYAN RI3CK F~DDUCTS CO,.,°,ZO 1/07/88 1/07/88 VENDOR TOTAL 1/07/,.~ 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VE'NDD~ TOTAL 1/07/~ 1/07/88 PURCHASE ,JOURNAL CITY DF ~ AMDUNT DESCRIPTION &8.96 OFFICE SUPPLIEE; 200.27 CHAIR MATS OFFICE SUPPLIES 162.27 VCR STANI}-DFFICE SUPPLIES 14.93 OFFICE SUPPLlES 15.91 OFFICE SUPPLIES 16.92 OFFICE SUPPLIES 6.78 OFFICE SUPPLIES 91.96 CHAIR MAT--OFFICE SUPPLIES 91.96 CHAIR MAT--OFFICE SUPPLIES 1.93 OFFICE SUPPLIES 671.89 JRt~.-CD 671.89 50.00 TIRE & I~EEL 60,00 RUBBER BELT 110.00 JR)'~.-CD 110.00 45.25 DEC GARBAGE 45.25 JRNL-CD 45.25 27.50 DEC MIX 27.50 JI~L-CD 27.50 118.43 PARTS 118.43 JRNL-CD 118.43 7.00 TRAFFIC MTG 7.00 JF~,L-CD 447.33 DEC E13CK 447.33 J~NL-CD 447.33 1,023.27 DEC SALT 1,023.27 JR[i-CD CARGILL SALT DIVISION VENDOR TOTAL 1023.27 CF~70 96.72 AD FOR BIDS 1/07/88 1/07/88 96.72 JRt~_-CD CHAPIN PUBLISHING CD VENDOR TOTAL 96.72 C0725 40.00 USE DF TRASH PU~ ACCOUNT NL~R 01-4O40-21O0 01-4090-2100 01-4140-21O0 01-4190-2100 01-4340-2100 01-4280-2100 71-7100-2100 73-7300-2100 78-7800-2100 01-4070-2100 01-4340-2300 01-4280-2310 2040 71-7100-3950 2O40 71-7100-95A0 01-4290-~I0 L'~O 01-4140-4120 2O4O 73-7300-2340 2O4O 01-42E~)-2340 2O4O 01-4;~,0-3510 2040 78-7800-42O0 TIME D'ECK I ~; P,~E 2 ~-C02-01 VENDO~ INVOI~ ~ HOLD NO, INVOICE NMBR DATE DATE STATUS 1/07/881/07/88 CITY OF SPRING PARK VENDOR TOTAL C~3~ 1/07/88 1/07/88 L'I~Y'S S~'ETY EQUIP INC VEI~I~ TOTAL C0940 1/07/88 1/07/88 CLE~N STEP RENTAL VE~)R TOTAL C0%0 CDAST TO I~ST C0970 COLA ~O'l'rLI N~ C1020 CONCEPT'MICROFILM C1'024 1/07/88 1/07/88 VENDOR TOTAL i/o7/88 ~/o7/88 VF_J~OR TOTAL 1/07/88 1/07/E~ VENDOR TOTAL 1107188 1107/88 CD~(IE L SILLERUD, DUM VENDOR TOTAL 'C1090 COPY EQUIPMENT INC CliO0 COPY DLPLICATING PRODUCTS DI170 DAKOTA RAIL INC 1/07/88 1/07/88 VENDD~ TOTAL 1/07/~ 1/07/88 UENDDR TOTAL 1/07/88 1/07/88 VENDO~ TOTAL PURCHASE JOURNAL CITY DF MOUND AMi]LmNT IESCRIPTIDN 40.00 JR~L-CD 40.00 215.00 li. DVES 215.00 JP~L-CD 215.00 25.30 DEC RUG RENT 43.35 DEC RUG RE]f[ 68.65 JRNL-CD 4.41 DEC SUPPLIES 19.66 DEC SUPFtlES 143.46 DEC SUPPLIES 98.74 DEC SUPPLIES 31.23 DEC SUPPLIES 59.27 DEC SUPPLIES 6.79 DEC SUPPLIES 363.56 JRM.-CD 309.70 DEC MIX 3O9.70 dP, M_-CD 309.70 63.93 MIC~I]FICHE FILM 63.93 JRNLoCO 35.00 EYE EXAM:REX 35.00 JRNL-CD 585.00 PLANIMETER 55C5.00 JRNLoCD 585.00 16.80 COPIER MAIN'[ 16.80 JRNL-CD 16.80 459.75 ~ LEASE TO 1/15/88 153.25 RR LEASE TO 1/15/~' 613.00 JRt~-CD 613.00 22-4170-2200 2O40 01-4320-4210 71-7100-4210 2O40 40-6000-22(X) 78-7800-2200 78-7800-23~ 22-4170-22(X) 73-7300:22(X) 01-4320-2200 01-4340-2200 2040 71-7100-9540 2040 01-4020-4260 2040 01-4140-4100 01-1285-0000 73 -7300-3950 2O4O 40-12b.5-0000 01-1285-0000 2d)40 PRE-PAID DATE 1/05 TIME 15.30. CFED CHECK ~ DA'H ~mm mmmmm PACE 3 PURCHA SE JOURNAL DATE 1/07 AP-C02-01 CITY OF ~DUND TI~ 15,3~ VE)4DOR INVOI~ DUE HOLD PRE-PAID NO. INVOICE ~R DATE DATE STATUS AJ'K1)NT DESCRIPTION ACCOUNT NU)'BER AMOUNT CHECK Dl1~0 ~8.70 METER~ 73-7300-2300 1/07/88 1/07/88 258.70 JR~.-CD 2040 DAVIE~ WATER EQUIPMENT UENDDR TOTAL ~8.70 D1200 3,404.62 DEC BEER 71-7100-S530 1/07/88 1/07/88 3,404,62 JFU~.-CD 2040 DAY DISTRIIIFFING CD VENIX)R TOTAL 3404.62 .. ~1211 150.00 MICROFILM RESOLUTIONS 01-~020-4260 150.00 JRNL-CD 2O40 D~ ~ D1240 DEPENDABLE SERVICES D1280 1/07/88 1/07/88 VF_NDDR TOTAL 1/07/Gl 1107188 VB~OR TOTAL 15<),00 47.00 DEC GdEU)AGE 01-4320-2750 47.00 ,.II~.-CD ~ 47,00 1/07/88 1/07/88 DICTAPHONE VENDOR TOTAL ~,00 90.00 88 KAINT 01-1285-0000 90.00 JRNq.-CI) ~40 D12<)1 120.00 SH IEI_[E; 01-4140-22(X) 1107188 1/07/88 120.00 ,.EUi.-CD 2040 DIVERSIFIE]) ARTS CD.ANY D1320 VENDOR TOTAL 120.00 1/07/88 1/07/88 VENDOR TOTAL D(]NA~ BRYCE Ei420 413.00 DEC CHIEF 22-4170-1370 413,00 JRNL-CD 2040 413.00 1/07/88 1/07/88 EAST SIDE BEVERAGE ~VENDOR TOTAL 384.75 3,584.75 DEC BEER 71-7100-9S30 3,~4.75 JR~.-CD 2040 F1641 I64.40 DEC MIX 71-7100-9540 1/07/88 1/07/88 164,40 ~NL-CD 2040 VD~DOR TOTAL 164.40 1/07/88 1/07/e~ FI_AHERTY'S HAPPY TYME F1690 59.~ DEC MIX 71-7100-7540 213.42 DEC MISC 71-7100-51~0 273.35 JRNL-CD 2040 FC~JR STAR BAR SUPPLY VENDDR TOTAL 273.?~ F1720 12r2.00 1/07/88 1/07/88 ~32,00 FRANk MADDEN ~ AS~C VENDOR TOTAL 1C~.C)O RESEARCH 01-43~-4100 JRhL-CD 2040 PAGE 4 AP-C02-OI VENOOR Ik~OICE DUE HOL~ NO. INVOICE ~BR DATE DATE STATUS PURCHASE CITY DF MDUNO JOURNAL AJiDL~,FF ~S~RIPTI~ ~ ~ PRE-PAID AMOUNT DATE 1/07, ,TIME 15.30. OlEO CHECK ! DATE Gl801 ~ST MFG CORP Gl810 · GAYLE BURNS 01870 1/07/88 1/07/88 VENI)D(~ TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 GERALD BABB VENDOR TOTAL H2020 1/07/88 1/07/88 HAF'PY'S POTATO CHIPS VENDOR TOTAL 1/07/88 1/07/88 · H$~tM(]N GLASS VENDOR TOTAL 1/07/88 1/07/88 HECKSEL MACHINE SHOP VENDOR TOTAL 1/07/°,,8 1/07/88 HENN CD DEPT DF PROPERTY T VENODR TOTAL 1/07/88 1/07/88 HENN CD SHERIFFS DF. PT VENDOR TOTAL . ~160 1/07/~ 1/07/88 HENN CD TREA~RER .VENDOR TOTAL I2311 1/07/88 1/07/88 IML - OHIO STATE L~4IVERSIT VENDOR TOTAL I'..x'~O 1/07/88 1/07/88 INTERNATL CD~FRNC BLDG DF* VENDOR TOTAL 4.79 FRT-SIGN MACHINE REPAIR O1-4~L)-23&O 4,79 JRNL-CI) 20¢0 4.79 7.08 MILEAGE 01-4090-3240 %08 JR~L-CO 2040 7.08 208.37 DEC ~/~U:JHALL 22-4170-1370 208.37 JP, NL-CO 204.0 208.37 b"7.~ DEC MISC 71-7100-~ 57.33 ,~L-CD 2040 57.33 167.27 REFLACE WINDSHLD-~ CiClF~ 01-4140-~10 167.27 JRNL-CD : 2040 167.27 1~.~ STEE'l.-(12 01-43~0-2300 I~.50 JRI4.-CD 2040 153.50 11.06 POSTAL VERIF 01-4060-3210 11.06 JRNL-CD 2040 11.06 68.77 NOV B~,ING FEE 01-4110-4~ 68.77 JRII_-CO i 2040 68.77 516.00 NOV PRISONER BOARD 01-4110-4250 516.00 JRNL-CD 2CuPO 516.00 58.86 TRAINING BOOKS 22-4170-~%280 58.86 JR~I.-CD 2040 ~ Ot 14.35 HAI~BODK 01-4190-4170 14.35 JRNL-CD 2040 14.35 PAGE 5 APoC02-0I INVOICE DUE HOLD ND. INVOICE NM~R DATE DATE STATUS 12370 1/07/88 1/07/88 INTERNATL CITY MG~T ASSN VENDOR TOTAL 12400 1/07/88 1/07/88 ISLAND PARK, 5T~l-l]_l.Y VENDOR TOT6L 1/07/88 1/07/88 JANET ~ERTRAND VENDDR TDTAL 1/07/88 1/07/88 JOHN EWALD I I I VENDOR TOTAL J620 1/07/88 1/07/88 JUDITH A FISHER VENDOR TOTAl. LCx~IO 1/07/88 1/07/88 LAND EQUIPMENT INC YENDDR TOTAL L2'Y21 1/07/88 1/07/88 LDREN KDHI~N UENDDR TOTAL L2740 1/07/88 1/07/88 LUTZ TREE SERVICE VENDOR TOTAL 1/07/~ 1/07/88 MARK VII DISTRIBUTOR UE)IDDR TOTAL M3060 1/07/88 1/07/88 MARTIN:S NAYARRE 66 YENDDR TOTAL PURCHASE JOURNAL CITY OF ~ 45.75 45,75 45,75 25,00 18,00 47,43 161.30 70,~5 S~Z2,68 322,68 15.00 15.00 15.00 60.00 60,00 21.30 11.32 32,62. 32.62 245.38 245.38 245.38 840. O0 840. O0 840.00 3,780.00 450.00 4,230.00 4~0.00 7,~8.00 7,098.00 7098. O0 20.00 20.00 20.00 DESCRIPTION BOOKS JRNL-CD TOW RESLRF~ IU]TORS CHOKE RELAY SI]II]NOlO ALIGN-ENGI~ ANALYSIS MTG EXP ~NL-CI} REPAIR GLASSES JRhL-CD CSI TRAINING dRNL-CD FILTEF?J-TI~ JRNL-CO DEC INSPECTIONS JRb&-CD T~.E REMOVALS FF._MOVE TREE-NORTHEF~) RD dRIlL-CD DEC BEER JRNL-CD SERVICE CALL JRI~.-CD 01-4140-3510 73-7300-42O0 01-4140-3810 01-4140-3810 01-414.0-3810 01-4140-3810 2O40 01-4190-4120 2040 01-4140-2240 2040 01-4090-3340 01-409~-4110 2O40 01-4340-3820 204O 01-4190-3100 01-4340-5110 78-7800-4200 7!-7100-7530 2040 01-4140-4240 ~40 ~-PAID AMOU~ DATE TIME 15,3C PAGE ¢~-C02-01 PURCHASE JOURNAL CITY DF MDUND ~TE 1/07/ TIME 15,~0. VENDOR I~DICE [aJE HOLD ND. INVOICE N)'tBR DATE DATE STATUS AMOUNT DESCRIPTION PRE-PAID D-ECP. ACC(TiNT ~ AMOUNT CHECK t DATE I~',kn,69 1/07/88 1107188 20.00 START CAR 20.00 .JRNL-CD 01-4140-4240 ~TT'S AUTO ~RVICE VENDOR TOTAL 20.00 405.03 OXYGEN BDXS 405.03 JRNL-CD 01-414O-5000 2040 MEdIC, AL OXYGEN & E~IPMENT VENDOR TOTAL M3150 1/07/~ 1/07/88 METRO FONE COItMUNICATIONS VENDOR TOTAL 405.03 29.85 29.85 29.85 JAN PAGE~ RENT JRNL-CD 01-12"85-0000 2O4O M3240 MINN COMM 1/07/88 1/07/88 UE)IDOR TOTAL 45.00 88 MAINI' 45.00 88 M, AINT 90.00 JRNL-CD 90.00 73-1~-0000 78-1285-0000 MII~EGASCO · 1/07/88 1107/88 VEN9OR TOTAL 1/07/88 1/07/88 203.71 DEC GAS 305.59 DEC GAS 218.22 DEC GAS 727.52 JRlt-CD 727.52. 322.65 RESERVE BEh~IT DINNER 32'2.65 JRNL-CD 01-4280-3720 73-7300-3720 78 -7800-3720 2O4O 01-414O-2200 2O4O MINNETO~A MIST VENDOR TOTAL 322.65 ~89 30.30 CLEANER 1/07/88 1/07/88 ~.~ JRNL-CD I'~ C~WAY FIRE & SAFE'FY VE~OR TOTAL 30.~ ~470 44.20 WATER SABLES 1/07/88 1/07/~ 44,20 JRNL-CD 22-4170-2270 204O 73-7300-3100 2O4O .MN VALLEY TESTING LABOP. ATO VENDOR TOTAL M3490 1/07/88 1/07/88 44.20 3,929.75 DEC SALARIES 6~.50 DEC DRILLS 1,000.00 DEC MAINT 5,~?~.25 J~.-CD 22-4170-1390 22-4170-1380 22-4170-3190 2040 MOUND FIRE DEPARTMENT VENDOR TOTAL 55~.25 299.08 DEC ELECTRICITY 61.6,3 DEC FIECTRICITY 370X~ DEC ELECTRICITY 307,76~ DEC ELECTRICITY 187.~ DEC ELECTRICITY 1,026.~9 DEC ELECTRICITY 01-4280-3710 01-4340-3710 01-~320-3710 71-7100-3710 22-4170-3710 73-7300-3710 PAGE 7 AP-C02-O1 VEN~O~ INVOICE ~UE HOLD NO. IN'~ICE NM~R RTE RTE STATUS 1/07/88 1/07/88 NORTHERN STATES POWER CO VENDOR TOTAL P4000 1/07188 1107/88 PEPSI COLA/TUP BOi'[LING VENDOR TOTAL P4040 PITNEYB~SI~ P4~60 1/07/88 1/07/88 VE]~OR TOTAL 1/07/88 1/07/88 ~A DISTRIBUTING CO VENK)DR TOTAL P4090 1/07/88 1/07/88 POWER BRAKE EQUIPMENT CO VENDOR TOTAL P4113 1/07/88 1/07/88 PUMP & METER SERVICE INC VENDOR TOTAL R4249 ROAD RESCLmE INC R4258 RD~T CLUEVER 'R4~O RDNALD MA~CHk'E R4290 RON'S ICE COMPANY R4310 1/07/88 1/07/88 VENIX]R TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL ROYAL ~:OWN B~'ERAGE PURCHASE JOURNAL CITY DF ~ 1,344,81 3,597.40 3597.40 ~SQ:~IPTI~ DEC ELECTRICITY 328.25 DEC MIX 328.~ JR]t-CD 328.25 268.00 364.75 364.75 2,84-4.~ DEC BEER 2,844.30 2844.30 262.50 POLAR F~]WER 262.50 ,JRhl.-CD 262.50 23.78 SWIVEL 23.78 dF~IL-CI) 23.78 329.16 3~29.16 329.16 376.75 9.96 386.71 386.71 150.00 DEC ASST CHIEF 150.00 ~NL-CI) 150.~ 101.80 DEC I~ 101.80 JRNL-CD 101.80 114.40 DEC-MIX 114.40 ~NL-CD 114.40 1 QTR POSTG MTR RENT 88 MAIL MACH MAINT JRM.-CO 1ST AID SUPFU_IES dR)i-CO VIDEO T~E COONCIL MT~ MATERIALS JPJ~.-CD 78-7800-8710 2O4O 71-7100-9540 2O4O 01-I~-0000 01-1285-0000 2O4O 71-71~-9530 2O40 01-42~-2250 204O o1- 2 o-23oo' 01-41~-2270 01-~030-$100 OI-40~-~'~(X) 2O4O 22-4170-1370 2O40 71-7100-~J0 204O 71-7100-9.~0 2O40 PRE-PAID AMOUNT ~TE 1/~" TIME 15.J:i PAGE 8 AP-C02-O] ~ INVOICE ~ HOLD NO. INVOICE NMBR DATE DATE STATUS PURCHASE CITY OF MOUND AMOUNT DESCRIPTION JOURNAL PRE-PAIO AMOUNT DATE 1/07j lIME 15.30, R4315 RUSTIQUE DECORATING S4430 STATE BANK, OF S4590 S~ ELECTRIC CO S4600 S~IEICHER'$ S46~0 SUPER CYCLE T4770 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/~ 1/07/88 VENgOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1/07/88 1/07/88 I'HDRPE DISTRIBUTING CD VENDOR TOTAL 1/07/88 1/07/,.~ I~IFTY SNYDER DRUG NO4 T&o60 TOIqI-GTONE PIZZA VENDOR TOTAL 1/07/88 1/07/88 YEN[OR TOTAL 1/07/88 1/07/~ T4700 TD~Q( ~ COUN~FRY FOODS V~DDR TOTAL T4980 1/07/88 1/07/88 60.48 PAINT 60.48 JRNL-CD 60.48 130.85 DOG LIC APPL 130.85 J~.-CD 130.85 4.25 10-11-12 WATER STUBS 4.2~ 10-11-12 WATER STUBS 8.50 JR,-CD 8.~0 152.00 REPAIR UG SPLICE 152.00 ~-~l. -CO 152.00 108.75 MOUTH BAF~IER 108,75 JR~.-CO 108.75 1,050.00 DEC SERVICES 1,050.00 dRNL-CD 1050.00 7,393.65 DEC BEER ~0.50 JAN BEE~ 7,964.15 dFC-CD 7964.15 42.78 PICTURES 88.87 FILM 131.65 JRNL-CO 131.65 28.00 DEC MISC 28.00 JRNL-CD 28.00 46.86 TOWELS-TISSUE 46.86 d~NL-CD 46.86 24.12 DEC MIX 24.12 JR~.-CD 22-4170-2200 2O4O 01-4140-2200 2O4O 73-7300-3210 78-7800-3210 2O4O 01-4280-4200 2O40 01-4140-2200 2040 01-4270-4200 71-7100-9530 71-1285-0000 22-4170-2200 01-4140-2100 71-7100-9550 2O40 22-4170-2200 2040 71-7100-~,.~0 2O4O CITY OF MDUND ND. I~OICE NI~dR OAT DATE STATUS ~IN CITY HD~ ~I~ ~ U5050 UNIFORMS UNLIMITED V5190 VENI)OR TOTAL 1/07/88 1/07/88 VENI)OR TOTAL 1/07/88 1/07/1~) 24.12 120.00 72.00 504.00 696,00 I)ESCRIPTI~ LIVE TRAP UNIFDRtI-~ N~ CONSULT-I.I_. NOV CONSULT-CDDDON NOV CONSULT dRNL-CI) 01-414O-2200 01-4140-224O 2O40 01-4190-3100 01-4190-3100 01-4190-3100 2O4O VANEK]P, EN-~ZARI)-STALLINGS ~,~ENIX]R TOTAL 696.00 ~24O 1/07/88 1/07/88 VENI)OR TOTAL 1/07/88 1/07/88 ~TER PRODUCTS CDfiP~Y VE]qD[ff~ 'TOTAL ~.38 HOSE-~IL ASSEHB 65.38 61.~ PIPE DOPE 61.~ JRNL-CD 61.~ 2O4O 73-7300-2300 2O4O 1/07/88 1/07/88 01-41q30-2310 2O4O WAYZATA AUI'O SE)~VI~ VENDOR TOTAL W5550 WESTDNI.CA FIRESTD~ VE]IDDR TOTAL 21.00 21,00 21.00 REPLACE VALVE STEM J~NL -CD 01-4280-2310 2O4O WS560 1/07/88 1/07/88 28.00 SOFTSOAP 4.14 DIST WATER 3.38 SPDDNSWAllER 17.94 SALT 53.46 JRNL-CD 01-4320-2200 OI-4040-2'Z(X) 01-4020-~00 78-7800-2200 2O4O ~STDN)~ FOODS VE-ND~ TOTAL 53.46 W~80 1/07/88 1/07/88 66.00 DEC GARBAGE 66.00 ,JRlt-CD 01-4340-3750 2O40 b,ESTDN)CA ~NITATIDN VENDOR TOTAL 66.00 1/07/88 1/07/88 243.75 DENBIGH 243,75 JRNL-CD 73-7300-4200 204O WIDER IN'C VEND(IR TOTAL 243.75 WT670 1/07/88 1/07/88 110.00 JACKET-HYLA,~ 1 I0.00 JRkL-CD 01-4140-~40 2040 7¢ PAGE 10 AP-C02-O1 WILLIAMS STORE INC ~490 WM ~ l~ & SONS X5750 XEROX CORPORATION Z5850 ZAO('S INC ZS$70 ZIEGLER INC TOTAL 1/07/88 1/07/88 VENDDR TOTAL 1/07/~ 1/07/88 VENDO~ TOTAL 1107/88 1107188 VENDOR TOTAL 1/07/88 1/07/88 VENDOR TOTAL 1107188 1107188 VENDOR TOTAL TOTAL ALL VEN[~]RS PURCHASE JOURNAL CITY DF MOUND A,MDUNT DESCRIPTIDt 110.00 530.90 CONC~t-TE SA~ 1,896.06 BUO(SHOT-SEALCDAT 2,426.96 .JR~-CD 2426.96 1,174.00 DEC PROSECUTION 1,174.00 JRHL-CD 1174.00 170.47 dAN PYMl'-5600 401,47 ,J~NL-CI) 401.47 47.80 SUPPLIES 61.85 CHAIN-HOOKS 109.65 ,.RNL-CD 109.~5 113.79' FILTERS 113.79 J~-CD 113.79 59,131.89 A~COUNT ~ 01-4280-2340 27-58(X)-234O 204O 01-4110-3120 2O4O 01-4320-3800 01-1285-0000 01-42~0-2250 73-7300-2200 01-4~d0-2310 PRE-PAID AmOtkr[ DATE 1/07, lI~ 15.30, LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-3711 Dispatch 544-9511 EMERGENCY 911 TO:' FROM: SUBJECT: Ed Shukle, City Manager Len Harrell, Chief of Police Monthly Report for December, 1987 II. STATISTICS The police department responded to 522 calls for service during the month of December. There were 27 Part~I offenses reported. Those offenses included 2 criminal sexual conduct, 4 burglaries, 17 larcenies, and 3 vehicle thefts. There were 51 Part II offenses reported. Those offenses included 5 child abuse/neglect, 11 criminal damage to property, 1NSF/forgerychecks, 1 liquor law, 7 DWI's, 2 simple assaults, 2 domestic'asSaults' 6 harassment com- plaints, 5 runaway/incorrigibility, andl0 public peace. 'The patrol division issued~268 aduIt citations~and '16 juvenile citations. The~268 adult citations included 154 parking violations. An additional 75 warnings were issued during the month. . . Three adults were arrested in felony situations and four juveniles. There were 13 adults arrested for misdemeanorsand six juveniles arrested for misdemeanors. The department assisted in eight personal injury accidents and 11 property damage accidents. There were 28 medical emergencies and 67 animal complaints. Surrounding agencies requested mutual aid assistance 20 times during the month. Property valued at $13,299 was stolen during December; $5,504 worth of proPerty was recovered. INVESTIGATION Sgt. Hudson investigated 10 child protection matters in the month of December. Those 10 cases accounted for almost 60 hours of investigative time. Other cases investigated included possession, of stolen property, burglary, snowmobile theft, auto theft, arson, worthless check, assault, larceny, and a liquor background. Off. Truax received recognition for his work in recovering two stolen snow- mobiles and the arrest of two juveniles for the thefts. Officer Truax also linked a third theft to his suspects and closed a case for a neighboring agency. There were nine formal complaints issued in December. The complaints included 2 individuals charged with criminal damage to property (gross misdemeanor) and DWI, 1 assault, I barking dog, 2 driving after suspension, and 2 DWI's. An additional complaint was issued charging on two counts criminal sexual conduct in the first degree against an individual charged earlier with criminal sexual conduct. The case involves an adult male and an additional elementary school age victim. III. MANPOWER Officer Steve Grand has been assigned to the position of investigator effective January 11, 1988. Off. Grand achieved the high score in both the written test and oral board. Off. Grand will be working with the schools to develop a drug prevention program and crime prevention programs with the children. Off. Grand will also be responsible for assisting in child protection matters and other investigations as needed. Off. Huggett continues to work with a field training officer and appears to be progressing nicely. It is expected that he will be ready to assume a shift on his own in four to six weeks. Officers used eight days of comp-time, seventeen holidays, four sick days, and ten vacation days in December. IV. There was an above average amount of overtime due to the Christmas and New Years holiday. Officers also earned overtime for several court appear- ances, late breaking cases, and covering for si~k officers.· TRAINING Officers attended trainings in emergency medical response, hazardous materials, achieving excellence in law enforcement, pursuit driving, human relations, and firearms. These schools accounted for 205 hours of training time. In addition, five reserve officers accompanied officers to driving school and attended the one day session. V. POLICE RESERVES The reserves donated 323.5 hours to the department and community in December. The unit consists of 10 active members and one member on a leave of absence. The reserves assisted in three transports, two dances, and eight hockey games. Officers rode with regulars a total of 120 hours. PART I CRIMF~ o ~ ~ ~ ~ ~ ~ ~ ~ ADULT. Homicide Cfi ~1 Sexual Conduct 2 Robbery Assault 1 1 Burglary 4 1 1 1 Larceny 17 1 1 Vehicle Theft 3 1 1 ~rson 1 TOTAL 27 2 5 ., 3 PART II CRIMF~' . Child Abuse/Neglect 5 2 2 ForRer¥/NSF Checks 2 . Criminal Damage to Property 11 2 1 Weapons Narcotic Laws Liquor Laws 1 1 DW~-- 7 7 6 Simp--re Assault 2 '2 1 Domestic Assault 2 1 I 2 2 Domestics (No Assault) Harassment ' 6' 3 Runaway/Incorrigibility/Truancy 5 1 3 Public Peace 10 1 2 5 5 All Other O~fenses TOTAL 51 6 12 19 .13 PART IIIi&~PART IV Property Damage Accidents 11 Personal Injury Accidents 8 Fatal Accidents 0 Medicals 28 Animal Complaints 67 Mutual Aid 20 0 _ General Investi ations ~_~_388 .... TOTAL 522 TOTAL ACTIVITIES 600 6 14 24 16 POLICE/CRIME ACTIVITY REPORT MONTH January YEAR 1987 GENERAL ACTIVITY SUMMARY THIS THIS YEAR LAST YEAR MONTH TO DATE TO DATE Hazardous Citations 82 1,172 1 ;'561 Non-Hazardous Citations 17 519 668 Hazardous Warninms 42 417 685 Non-Hazardous Warnings 37 868 1,311 Verbal WarninRs 66 858 - "~ 154 497 738 Parking Citations 7 104 127 DWI OVER . 10 6 75 96 Property Damage Accidents 11 99 96 Personal Injury Accidents 8 36 29 Fatal Accidents 0 0 0 Adult Felony Arrests 3 44' . . 52 Adult Misdemeanor Arrests 14 281 447 Adult Misdemeanor Citations 15 86 97 4 59 50 Juvenile Felony Arrests Juvenile Misdemeanor Arrests 6 120 175 Juvenile Misdemeanor Citations 3 50 58 Part I Offenses 27. 374 363 Part II Offenses 51 770 866 .Medicals 28 218 168 Animal Complaints 67 1,128 1,205 Other Public Contacts 388 5,442 5,043 .... ' ..... 1,036 13,317 13,849 TOTAL 29 521 777 Assists 27 520 527 Follow-Ups City , -- MOU~rD Month DEC~V~BER 19 87 CITATIONS ADULT I or OUi More than .10~ BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding 49 No DL or Expired DL i Restriction on DL 1 Improper, Expired, or No Plates 12 Illegal Passing I Stop Sign Violations 7 Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance 5 llegal or Unsafe Turn 1 the Centerline ' Park,lng.ViolationS 154 Crosswalk 4 Do9 Ordinances Derelict Autos MisCellaneous Tags 4 TOTALS' j 268' WARNINGS N° Insurance' JUV 1 I 6 3 2 16 12 2 Traffic 25 2 Equipment 26 2 ,Crosswalk Animals 3 Trash/Derelict Autos Other 3 J 69 6 TOTAL I ARRESTS Felony Misdemeanor PROPERTY LOSS/RECOVERY SUMMARY B i kes ITEM Snowmobiles Boats, Motors', Trailers Clothing Currency, Notes, Etc. Jewelry g. Precious Metals Guns Home Furnishings Radio & Electr6nic Equipment Vehicles $ Vehicle Equipment Miscellaneous TOTAL STOLEN $ 4,100 25 3,762 :19 2,295 868 2,230 $13,299 RECOVERED $ 215 4,100 19 3OO 7OO 170 $5,504 MOUND POLICE RESERVES MONTHLY HOURS MONTH~c. YEARner? OFFICER 'l ~ ~. ~ll ~1[~,~ ~t¥ /~l~ ~1/~~ ~ ~ TOTALS ACT I V I TY EMERGENCY C~LL OUT RESERVE SQUAD ,/.~ ~OMMUN ITY SERVICES :~.~ ~' ~' I HOCKEY/FOOTBALL GAMES INSTRUCTION X . RIDE ALONGS ADMINISTRATIVE MONTHLY MEETING ACTIVITYS FOR MONTH 2 Dances at Community Services St. Cloud Driving School 8 Hockey Games 3 Transports OFFICERS R5 thompson,Sgt. R16 Niccum R6 Hawks, Sgt. R17 ~anthei Rll Romaln RI9 Nelson R12 Smith R23 Vogel R13 Meiwissen R24 Stahlbusch R14 Svoboda ^-- LEN HARRELL Chief of Police OFFICER R. Hawks J. Manthei R. Meuwissen D. Niccum S. Smith C. Stahlbusch D. Thompson R. Vogel. AMT. MOUND MOUND POLICE 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544-9511 EMERGENCY 911 POLICE RESERVES SEVERENCE DECEMBER 1987 DEPOSITED 6.50 39.00 6.50 13.00 1'3. OO 19.5o 6.50' BALANCE 242.00 90.OO 32.50 160.00 45.5O 46.O0 343.00 330.00 TOTALS lO4.0o 989.00 RUM: 6-JAN-88 CF$03 IMARY ISN'S ONLY! ~CIlVITY CODES: NO ALL ACT CODE ACTIVITY DESCRIPTION 09000 09001 09002 09004 09008 09012 09014 09015 '016 09018 09019 09020 09022 SPEEDING J-SPEEDING NO D/L, EXPIRED D/L RESTRICTED D/L ILLEGAL PASSING OPEN BOTTLE STOP SIGN J-STOP SIGN FAILURE TO YIELD EQUIPMENT VIOLATION J-EQIPMENT VIOLATION CARELESS/RECKLESS EXHIBITION DRIVING 09023 J-EXHIBITION DRIVING 09024 09030 09051 OSlOO 09140 09200 1210 09211 09220 ILLEGAL/UNSAFE TURNS CROSSWALK VIOLATION J-ALLOWING INCOMPETENT TO DRV PARKING/ALL OTHER ND PARKING/WINTER HOURS DAS/DAR/DAC PLATES/NO-IMPROPER-EXPIRED J-PLATES/NO-EXPIRED-)MPROPER NO INSURANCE/PROOF OF INSTALLATION NAME -- MOUND POLICE DEPARTMENT ENFORS CALLS FOR SERVIC~ ACTIVITY ANALYSIS BY PATROL AREA 12/OI/B'/ THRU 12/31/87 ........... PATROL AREAS ........... 10 20 30 40 50 60 70 80 90 14 13 .. 11 9 I 4 I 1 I 2 4 I I I 1 4 I I I 3 ! I I 9 2 I1 8 45 15 2 I 2 I I 2 6 2 I l 55 2 I 4 PAGE TOTAL 49 I 1 1 7 3 1 6 2 l 3 1 4 1 14 140 5 12 3 5 RUN: 6-JAN-88 CFS03 PRIMARY ISN'S ONLT~ ACTIVITY CODES: NO ALL INSTALLATION NAME -- MOUND POLICE DEPARTMENT ! I ! ! ! ENFORS CALLS FOR SERVICE ACTIVITY ANALYSIS BY PAIROL AREA ]2/01/B? THRU 12/3I/BI PAGE ACT COOE ACTIVITY DESCRIPTION ........... PATROL AREAS ........... lO 20 30 40 50 60 10 BO 90 TOTAL 09240 CHANGE OF DOMICILE 09301 LOST PERSONS 09312 FOUND ANIMALS 09313 FOUND PROPERTY 09314 FOUND VEHICLES 09430 PERSONAL INJURY ACCIDENTS 09440 H/R PERSONAL INJURY ACC. 09450 PROPERTY DANAGE ACCIDENTS 09451 H/R PROPERTY DAMAGE ACC. 09562 CAT BITES 09563 DOG AT LARGE 09565 DOG LICENSE 09730 NEDICALS 09750 FIRES 09800 ALL OTHER/UNCLASSIFIED 09801 DOMESTIC/NO ASSAULT 09900 ALL HCCP CASES '09904 OPEN DOOR 09930 HANDGUN APPLICATION 09935 LIQUOR BACKGROUND 09945 SUSPICIOUS PERSON 09980 WARRANTS 09990 HISC. VIOLATIONS 2 5 3 2 3 1 1 I I 3 1 I 2 4 I 3 2 6 1 1 1 9 3 6 28 2 6 S 4 1 CFS03 INARY ISN'S ONLY? ACTIVITY CODES: NO ALL INSTALLATION NANE -- MOUND POLICE DEPARTMENT ! I I I f I ENFORS CALLS FOR SERVICE ACTIVITY ANALYSIS BY PATROL AREA 17/ol/8'/ THRU I2/31/87 PAGE ACT CODE ACTIVITY DESCRIPTION ........... PATROL AREAS ........... 10 20 30 40 50 60 lO BO 90 TOTAL 09992 09993 09994 A535I A5352 A5354 A5502 16D B)43D B3434 B)164 I3060 J3500 L3031 L7017 M5350 M2701 ~3050 ~3070 MUTUAL AID/BIO0 MUTUAL AID/6500 MUTUAt AID/ ALL OTHER ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAN ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-ACQ ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM ASLT 5-THRT BODItY HARM-UNK WEAP-ADtT-ACQ BURG i-OCC RES FRC-U-UNK WEAP-UNK ACT BURG 3-UNOCC RES NO FRC-D-UNK WEAP-UNK ACT BURG 3-UNOCC RES NO FRC-D-UNK WEAP-COM THEFT BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM THEFT CRIM AGNST FAM-MS-NEGLECT OF A CHILD TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACCID-GM-AGGRAVATEO VIOLATION TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR CSC 2-UNK ACT-GUARDIAN-UNDER 13-F CSC 4-UNK ACT-SPOUSE-18 OLDER-F LIQUOR - POSSESSING RUNAWAY FALSELY IMPERSONATING ANOTHER DISTURB PEACE-MS-DISORDERLY CONDUCT D{STURB PEACE-MS-VAGRANCY DISTURB PEACE-MS-PUBLIC NUISANCE I I 1 I I 1 1 I I 2 I .1 i 1 3 3 3 1 I 1 I I I 3 RUN: G-JAN-88 C~S03 PRIMARY ISN'S ONLY) ACTIVITY CODES: NO ALL INSTALLATION NAME -- MOUND POLICE DEPARTMENT ENFORS CALLS FOR SERVICE ACTIVITY ANALYSIS BY PATROL AREA 1210~187 THRU ~213~187 ACT CODE ACTIVITY DESCRIPTION ........... PATROL AREAS ........... lO 20 30 40 50 60 lO 80 90 N3170 N3190 03602 P]I20 Q3205 DISTURB PEACE-MS-WIRETAPE-BUG DISTURB PEACE-MS-HARRASSING COMMUNICATIONS OBSENITY-MS-INDECENT-EXPOSURE-TO ADULT PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-PUBLIC-UNK INTENT PROP OAMAGE-MS-BUSINESS-UNK INTENT STLN PROP-HS-POSSESS-UNK PROP-$250 LESS T2159 THEFT-$251-$2500-FE-FRM MOTOR VEHiCLE-OTH PROP T4021 THEFT-S250 LESS-MS-FRM BUILDING-MONEY T4029 T4059 T406l T4099 T4159 U3016 U3286 V1'024 V2024 W3120 Z3110 THEFT-$250 LESS-MS-FRM BUILDING-OTN PROP THEFT-$250 LESS-MS-FRM YARDS-OTN PROP THEFT-$250. LESS-MS-FRM MAIL-MONEY THEFT-$250 LESS-MS-FRM SELF SRV GAS-OTH PROP THEFT-$250 LESS-MS-FRM MOTOR VEHICLE-OTH PROP THEFT-MS-BY CHECK-S250 LESS THEFT-MS-SHOPLIFlING-$250 LESS VEH THEFT-FE-OVER 2500-SNOWMOBILE VEH THEFT-FE-$251-$2500-AUTO VEH THEFT-FE-251-2500-SNOWHOBILE WEAPONS-MS-DISCHARGE-PISTOL-NO CHAR SEX RELTD-MS-SOL)CII-PROST-UNK AGE 1 2 PAGE TOTAL 3 6 1 1 I ! 1 i 4 I 6. 2 ! I 1 REPORT TOTALS: 86 54 121 87 It0 7 9 I 415 RUN: 1-JAN-B8 INSTALLATION NAME -- NOUND POLICE DEPARTMENT PAGE' I OFFOI ' ' ° ° ' ° ISN'SONLY! NO E NFORS DiSPOSiTION CODES: ALL ACTIVITY CODES: ALL OFFENSE ACTIVITY BY DISPOSITION GRID: ALL 12/01/87 THRU 12/31/B1 / ................OFFENSES CLEARED ................. / ACTIVITY CODE/ OFFENSES ACTUAL .... BY ARREST .... BY TOTAL PENCE,.. DESCRIPTION REPORTED UNFOUNDED OFFENSES PENDING ADULT JUVENILE EXCEPTION CLEARED CLEARED A5)51 ASLT 5-INFLICTS ATTEHPTS HRM-HANDS-ADLT-FAM A5352 1 ASLI 5'INFLICTS ATTEMPTS HRM-HANDS-ADLT-ACQ A5354 2 ASLT 5-1NFLICTS ATTEMPTS HRM-HANOS-CHLO-FAN A5502 l ASLT 5-THRT BODILY HARM-UNK WEAP-ADLT-ACQ I I-OCC RES FRC-U-UNK WEAP-UNK ACT B3430 1 BURG 3-UNOCC RES NO FRC-O-UNK WEAP-UNK ACT B3434 1 BURG 3-UNOCC RES NO FRC-D-UNK WEAP-COM THEFT B3164 1 BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM TNEFT 13060 3 CRIN' AGNST FAN-MS-NEGLECT OF A CHILD JZSO0 3 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR J2700 TRAFrACCID-GM-AGGRAVATEO VIOLATION J3500 3 TRAF-ACCID-MS-DR)VE UNDER INFLUENCE OF LIQUOR L3031 l 2-UNK ACT-GUARDIAN-UNDER 13-F CSC 4-UNK ACT-SPOUSE-18 OLDER-F M4104 LIQUOR - POSSESSING I 0 I I 0 '1 0 2 0 0 2 lO0.O 0 0 0 0 0 .0 0 0 0 I I 100.0 0 0 0 I I 100.0 0 0 0 I I 100.0 i 0 0 ' 0 0 .0 I 0 0 0 0 .0 0 I 0 0 I 100.0 I 0 0 I I 50.0 0 2 I 0 3 100.0 0 I 0 0 I I00.0 0 3 - 0 0 3 100.0 I 0 0 0 0 .O I 0 0 0 0 .0 0 0 I 0 ! 100.0 RUN: 1-JAN-SD INSTALLATION NAME -- MOUND POLICE DEPARTMENT PAGE 2 OFFOI PRIMARY ISN'S ONLY? NO E N F 0 R S DISPOSITION CODES: ALL ACTIVITY CODES: ALL OFFENSE ACTIVITY BY DISPOSITION GRID: ALL 12/01/87 THRU 12/31/87 / ................OFFENSES CLEARED ................. / ACTIVITY CODE/ OFFENSES ACTUAL .... BY ARREST .... BY TOTAL PENCE,.. DESCRIPTION REPORTED UNFOUNDED OFFENSES PENDING ADULT JUVENILE EXCEPTION CLEAREO CLEARED M5350 RUNAWAY M7701 0 0 0 0 0 0 0 0 .0 FALSELY IMPERSONATING ANOTHER N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT I 0 I 0 0 0 I I 100.0 N3050 I 0 I 0 0 0 I I I00.0 DISTURB PEACE-MS-VAGRANCY N3070 3 0 3 0 3 0 0 3 lO0.O DISTURB PEACE-MS-PUBLIC NUISANCE N3170 3 I 2 0 2 0 0 2 100.0 DISTURB PEACE-MS-WIRETAPE-BUG N3190 6 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 03602 1 OBSENITY-MS-INDECENT:EXPOSURE-TO ADULT 0 6 5 0 0 I .1 16.6 0 I I 0 0 0 0 .0 P31iO 9 0 9 1 0 0 2 2 22.2 PROP DANAGE-MS-PRIVATE-UNK INTENT P3120 I 0 I 0 0 I 0 ! 100.0 PROP OAMAGE-MS-PUBLIC-UNK INTENT I 0 i I 0 0 0 0 .0 I 0 I 0 0 : 0 I I !00.0 P3130 · PROP DAMAGE-MS-BUSINESS-UNK INTENT Q3205 STLN PROP-MS-POSSESS-UNK PROP-S250 LESS T2159 i THEFT-$251-$2500-FE-FRM MOTOR VEH]CLE-OTH PROP 0 I I 0 0 0 0 .0 T4029 THEFT-S250 LESS-MS-FRM BU)LDING-OTH PROP I 0 I I 0 0 0 0 .0 T4021 THEFT-$2§O LESS-MS-FRM BUILDING-MONEY I 0 I I 0 0 0 0 .0 mm RUN: 7-JAN-88 INSTALLATION NANE -- MOUND POLICE DEPARTMENT PAGE- 3 OFFOi ISN'S ONLY) NO E N F 0 R S DISPOSITION CODES: ALL ACTIVITY CODES: ALt OFFENSE ACTIVITY BY DISPOSITION GRID: ALL t2/01/87 THRU 12/31/81 / ................OFFENSES CLEARED ................. / ACIIVIIY CODE/ OFFENSES ACTUAL .... BY ARREST .... BY IOIAL PERCEL. DESCRIPIION REPORTED UNFOUNDED OFFENSES PENDING ADULT JUVENILE EXCEPTION CLEARED CLEARED T4059 THEFT-S250 LESS-~S-FRK YARDS-OTH PROP 4 0 4 4 0 0 0 0 .0 T4061 I 0 i ! 0 0 0 O .0 THEFT-S250 LESS-~S-FRK ~AIL-~ONEY T4099 2 THEFT-t250 LESS-HS-FR~ SELF SRV GAS-OTH PROP T4159 6 THEFT-S250 LESS-HS-FRH HOTOR VEHICLE-OTH PROP 0 2 Z 0 0 0 0 .0 0 6 6 0 0 0 0 .0 U3016 2 0 2- 0 ' O' 0 .2 2 I00.0 CHECK-S250 LESS U3286 I 0 I 0 T~EFT-~S-SHOPLIFTING-$250 LESS 0 1' . . '0 I 100.0 V1024 I 0 I I 0 0 0 0 .0 VEH THEFT-FE-OVER 2500-SNOWMOBILE V202l I 0 I I 0 0 0 0 .0 VEH THEFT-FE-$251-$2500-AUTO V2024 ! 0 ! 0 ! 0 0 I 100.0 VEH .THEFT-FE-251-2500-SNOWMOBILE 0 0 0 0 0 0 0 0 .0 W)I20 WEAPONS-~S-DISCHARGE-PISTOL-NO CHAR I 0 I I 0 0 0 0 .0 SEX.RELTD-~S-SOLICIT-PROST-UNK AGE TOTALS - 78 4 74 39 15 ? 13 35 47.2 75 YEARS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155 january TO: FROM: RE: 4, 1 988 ED SHUKLE, CITY MANAGER GENERAL COMMENT In December, a lot of time was spent on preparation for the Black Lake Dredge; rip rapping project and the 1988 capital outlay purchases to be made for the parks maintenance equipment and playground equipment. We.are still looking into the joint sum~er playground programming with We~tonka Community Services. COMMONS DOCK The mailing of dock permit renewals was done on December BOth. All permit holders from 1987 will receive an application form, a LMCD fee description form and a general information update. The renewals are due back before March 1st and accepted through March with a late fee. Any renewal applications received in April will not be processed. All open dock sites (those not renewed) are re-issued to new applicants, on a first come first serve basis, beginning January 4, 1988. This process is quite time consuming due to the amount of information that has to be reviewed on each application. TREE REMOVAL We had trees trimmed of dead, wood and low branches at Clover Circle Park, Three Points Park, Depot and Waterside. Only one tree was removed at the end of Galaway Road. Three stumps were removed from Brighton Boulevard and one on Bluebird Lane. Only one tree complaint was registered and th-at was processed as a hazardous removal to the property owner. PARKS The weather has not been good for the making of ice rinks. Currently, we have begun the flooding of small rinks at Clover Circle Park, Three Points Park, Highland Park and Doone Park. JF:ls TO: City Manager, Members of the City Council and Staff FROM: 3an Bertrand, Building Official SUBJECT: December, 1987 bionthly Report May all of us in the Planning/Inspection Department wish you and yours a very Happy New Year! We have had one Planning Commission Board of Appeals meeting on December 14, 1987. I have attended two City Council meetings on December 8th and 22nd. Marge has attended the Park Commission meeting. There were 21 working days in December and two holidays. I have taken eight vacation days; Marge has had some minor surgery which required some time away for sick leave. We plan to be in full force during January. The following inspections were conducted during the month of December: ~Site~Inspections Footing Inspections Framing Inspections -'24 Insulation Inspections Drywall Inspections Final Inspections 6 '22 Progress-Insertions · . 7 Erosion/Grading Housemoving/Demolition ~Heating Inspections Plumbing Inspections 10 5 Fire Sprinklers/Fire Code 1 Complaints 1 Total 96 This list of inspections does not include the 33 by the substitute inspector during my absence and for new home construction. inspections for our Department 0 ~blueprint plan review The monthly report for November was submitted to the City Manager during the month. The Planning Commission reports were submitted to the Commissioners. The Planning Commission referred three zoning cases to the City Council for action; two subdivisions and one variance. The Planning Commission requested two reappointments and one renewal appointment to the board. The Commission reviewed their work rules and status of the Comprehensive Plan. December Monthly Report Page 2 During December, I worked.with the City Prosecutor to update him on the status of serveral complaints pending Court action, submitted three hazardous building reports for City Council action to approve demolition, and sought legal coun.~tl to possibly revise the City Code to provide established fees for minor subdivision park dedication. One citation was issued during the month. A review of the escrow accounts were made with John Norman and John Cameron to determine which accounts will be carried over into 1988. The status of the Planning/Inspection Department was made to determine how close the budget has met our needs. John Norman informed me that we will'be over budget by a small percent but' our revenue is over the a~ticipated income by a considerable amount. I purchased the new planimeter for the Planning/Inspection Department; it is a.great convenience to me! Thank you for the capital outlay! The. city vehicle is running very well after the repairs of last month. I just needed the normal gasoline fills in December. I met with the representative from Contel this month to discuss their next phase of remodeling for the building on the east side of Commerce Boulevard. This will involve adding offices, removing the former switching area, and a general face lift. I have discussed some upcoming plans for remodeling for the 2020 Commerce Blvd., Senior Building,and met with John Cameron on the Public Works. I met with Ed to discuss the comparable worth study which was done for me several years ago. I attended the monthly staff..meeting. I attended a North Star'Chapter I.C.B.O. meeting which gave the inspectors a review and training 'on soils by. Twin City Testing and All-Weather Wood Foundations bY the National FOrest Products'Assoc.~.Western Wood Products, and American ~lywood Assoc. - The total number of building permits issued in December was ]5 with a valuation of $ 646,566. The valuation figures are attached on the Building Activity Report for November. In addition, Marge has prepared the monthly calendar for the December city meetings' and events. Marge has arranged appointments for inspections of building, plumbing, and the substitute building inspector. Marge has prepared the Park Commission Agenda, written the minutes for Planning and Park. M@rge arran§ed the staking out for 3 burials and handled the purchase of 2 graves in December; brought the cemetery records up-to-date and furnished a list of changes to the City. Engineer so that the cemetery maps could be updated. ~Si~e inspections include the review of the Planning Commission requests and requirements, site inspections for floodplain verification for mortgage companies, complaints and follow-up to co'de compliance such as, no building permit, re-check of exterior storage compliance, review status of various sites for the City Prosecutor, preconstruction meetings at the site for building permit applicants or realtors, fire damage and periodic commercial inspection updates. e~Heating inspections during the construction of project are included under the framing and final inspections of the buildi0g. The heating installations mentioned are for separate equipment being placed in homes and businesses. DEMOCRACY IS LIKE A RAFT. It won't sink, but you'll always have your feet wet. Quoted by Russell Long in The Washingtonian :':~as ta~k/~ spr~nK,er 53.41 ~.ey~.,oc, C Road StreetAcldress ~',0und, ~',X. 55364 Cityand State ~Gn'.h ~ December _ ~1~m7 -m ,.,,,~ ........... ~.~ I 5 t 5 I 522.766. 74 [ 6,705.725. ............. i I i I ~ t 376 ooo ~-~,~.., (Twinhomes) j J I . 2 I ~c5'00O' j i 5) s2 ,766. 80 I 7,176,725. 121,300. TION'S & ALTE~ATiON$ P,,mil~ '~ Ot~.l Norr Re slcientia, I J ] TOTAL t.~.Oh,'T~ AND YEAR TO DATE ,d,.CO.~VE R S ,. O N$J wv~,~r 1 J Total Conversions ~ o t ~6 17 j 296 IpERt,~..TS. It<$sECT!O;,'~ 30 2-32,401. 227. 11,855,395. 2,500. 646,566. 569,90( A33,955. 9,~74,375. j I 7 I ? J 12 ! 8 I I Mound, ,Minnesota Y~z [BE DEP;~R?,. -~;T REPORT FOR M0~'i~K OF V,r.Z~-- /~ DRILLS & ~.~Ih~fENA~;CE . FiP£ & ~ESCUZ iRr~4E;* iDA?fiE DX~ DRiL~ DRI~ M~iN. TOT~ HO~LY /~//~ /~/~/ WAGES WAGES HOD~S ~ WAGES ..J' Andersen · /~ C. Anderson S.. Bryce. / / ,~ /~ ~ ~..,.'~ ' ~ 6. O0 ~ ,/. ,','. --- B. Erickson S. Eriekson L. Heitz C. Henderson G. Johnson ~;. Kleeberger E.'Landsman R. Marschke ~ ,/ ~ .[ ~ ~ /~~ "~ 6.25 ' ~'~. . ~. Op~tz ~ ~ ~ /g~ ~ ~ ~.00 /~_ B. Palm / ~ ~ //~ ' ~ ~ 6.00 /.~'-- .,,.~.~,,:,,~ i~l~' ~ I,.~-- .~ ,,~, t~,~ , .... ~...-- I t ! t 6.00 6.00 J';74'm'~.c ~' ...... /7.,r '? .~;ONTH ;%:, : TO DATE TO DATE ,~ONTH OF NO. OF CALLS i'~OUND - r i RE EMERGENCY M'TONF~ BEACH - F!EE EMERGENCY M!NXETR!STA - FIRE //~ ,2/ //2 /~ /7 EHEF~GENCY ~ ~ /5 0RCq'4O - FI RE -/'~/ ,/4,'~" P.',E RG ENCY /..fZ ':' /;/ ['7/,L E"ShC£NOY CALLS CO,".'.'.E R I CAL RESIDENTIAL I~USTR~AL GEASS & MISCELLANEOUS AUTO FALSE ALARM NO, OF HOURS - MOUND FIRE EMERGENCY - MT~ BCH FIRE EMERGENCY TOTAL -M'TR~STA F~S EMERGENCY - ORONO FI RE EMERGENCY -TOTAL - SHOREWOOD F~RE EMERGENCY TOTAL -SP. PARK FI~E TOTAL -~UTUAL AID .EIRE EMERGENCY TOTAL TOTAL EMERGEHCY HOURS ~,JTUAL AfD RECEIVED MOUND VOLUNTEER FIRE DEPARTMENT Discipline and Team ~7ork Critique of Fires prcLPlannlng &.Inspections ~ools Hand Wearing Films First U~e of & Apparatus Identifying Extinguisher Operation Protective Clothing Aid and ResCue Operation Self-Contalned Masks MOUND', MINNESOTA 55364 D R I L L R E P 0 R T Time Date Pumper Opcr~tlon Fire Streams & FrlctJon Loss ilouse Burnl Natura! S Prop.~,e (;,ns Talk & Dcmonstr~t i(,ns La'dder Evol ution.~ Salvage Operations Radio Opcratio.s iIouse Evolutions Nozzle & IIose All Inhalator Operation NOTE: Hou'fs' Training MiscellaAeous £_.-~_. Paid × Excused U.o×c'Us;.d 0 l~ic~ent, Not Fald ~/~. J Andersen ~/j_ J Babb · ~./j_ J Beauchamp ;'/J_ D Boyd ~l/j_ D Bryce ~ '.S Bryce ~ D Carl son ~W~ M David ~ B Erickson ~/(~ S Erickson '~. J Garvais ';//..z. M '~//j_~"L He i tz ..... 'g..Y~_ G ~/O~ C Henderson ~//~L_ D ;//~- G Johnso~ ~/~ T ~//~ M Kleeberger ~/~ M ~1~ B Landsman '~/~ R ~//~ R Marschke ~ T ~//~ a Nafus .~ T ~/~ M Nelson ~.W ~A Opitz -, ~ M %~ B Palm ~/~R ~//~ G Palm ~/~l Palm Pederson Platzer Rasmussen Sayage St~llman Stallman Swenson Swenson Tob~y Williams Williams MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA 55364 D B i L L B [ P 0 R T Disclpline and Team Work Critique of Fires preZP1annJ ng &.Inspections T°ols & Apparatus Identifying Hand Extinguisher Operation Wear|rig Protective Clothing Films First Aid and ResCue Operation U~e of Self-Conta~ned Masks Pumper Operation Fire Stremns & Friction Loss · lIous¢ Burn| Natural 1; Prop.~t~e f, ns Talk La~der EvolutJon~ Salvage Op.er~t i o.s Radio Opcratio-s House Evolutlo--¢ Nozzle & llose Allln,,ce T~me Inhalator Operation .HouYs Training Paid X_. Excused X_ Uncxcuscd 0 P~csent, ..-~.ll~j Andersen --~-~J~l~'l'TAn-d'e rs 0 n" ~ ~ Babb ~u~ D ~o~d ~I/~D Bryce ~/~',s Br~c~ ~D Carl son S Collins ~J/~ M David ~I/~B Erickson ~/~ S Erickson -~ ~/~_ O Garvais '~'/~-L H e i t z ~Z~/J_C Henderson ~I/J-~G Johnson ~J IIj--M K1 eeberger ~l/~ B Landsman gl/~R Marschke ~/~M Nels0n ~l/~ A Opitz ~/~ B Palm ~l/~ G Palm DATE MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR ; ~ J. Andersen ~ //~ G. Anderson "~ .._ J. Babb ~ ~ J. Beauchamp ~ D. Boyd ~ 'D. Bryce ~ S. Bryce ~ D. Carlson Z'?z- s.~ Collin~ 2~ ~. ~avi~ Z B. Erickson ~ S. Erickson Z~ J. Garvais ~% ~..e~z ~ C. Henderson ~& O. Johnson M. Kleeberger B. I~ndsman R. Mar schke _ J. Nafus MEN ON DUTY Z M. Nelson A. Opitz B. Palm G. Palm M. Palm G. Pederson D. Platzer T. Rasmussen M. Savage. T. Stallman T. swenson W. Swenson R. Williams T. Williams TOTAL MONTHLY HOURS //5' CITY OF MOUND 75 YEARS 5341 MAY~NOOD ROAD MOUND, MN 55364 (612) 472-1155 January 6, 1988 TO: FROM: SUBJECT: Ed Shukle City Manager Geno Hoff Street Supt. December's Activity Report We had some problems with our street lights on Commerce~Blvd., we thought that we had a purmatroll go bad so we called in Stern Electric to {eplace them. After we did that we discovered that we had more problems, we had a short in the underground cable. We didn't think that Stern's could handle the job because he hasn't the equipment to trace the cable or to dig it up. We decided to call Collins Electric to do the repair work. This is the company that installed the street light system. Collins started the 9th and finished on the lOth. They located the break in front of the new bank, they removed two sections of sidewalk and some sod to expose the calbe so it could be repaired. They came back the next day and poured new sidewalk and relayed the sod. (It's going to cost a few bucks.) We have been busy keeping our roads in good winter driving condition. We sanded 7 times this month and plowed once, 6" on the 24th. That was the first 6" snow fall since Janary of 86. We started at 3:00 a.m. and finished at noon On the 22nd and 23rd the Street Dept. helped repair a sewer main break on Northern Rd. It took alot of time and material to make the repairs. The main is below lake level so we had alot of extra pumping and digging to do. When the main was repaired we hauled in 32 loads of sand fill and 5 load of 1~" binder rock to fill the hole. This is one good example way we need the large piles of materials on hand. We mixed 340 tons of salt sand this month and applied about 450 tons, we have about 900 tons in the stockpile. STREET MATERIALS PURCHASED 365 tons buchshot 292 tons sand 59 tons 3/4 dust 36 tons 1½ binder rock 47 tons salt CEMETARY Staked out 4 graves and 2 stones. We had some vandalism, someone stole some Christmas wreaths, broke off 75 lath that we use for marking graves and tipped over some grave stones. They must have had the Christmas spirit. 75 YEARS CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MN 55364 (612) 472-1155 January 6, 1988 TO: FROM: SUBJECT: Ed Shukle City Manager Greg Skinner Water & Sewer Supt. December's Activity Report In December we pumPed 23,040,000 gallons of water. There were 2 water main breaks, 8 turn-offs for non-payment , 22 final readings, 9 outside readers installed and 9 new accounts. The stuck meters, pumphouse maintenance and meter reading took up the bulk of the month for Bob. I have been putting most of my time in the new building with John Cameron, along with snowplowing and sidewalk cleaning with Street Dept. SEWER DEPT. The Sewer Dept. has helped with meter reading this month. We started this month service work for our compressors in the lift stations. We had one of our pumps come back from Tri-State that was installed back in the lift station. This pump required a major overhaul. On December 22 we had a leaky sewer gate valve on Northern Ln. This took 2 days to complete. The problem was too little space to work in. We had Lutz Tree Service come in to t~ke down a big Ash tree so we had more room to work in. It took approximately 32 loads of sand fill to cover it back up. I estimated the cost for this to run over $3,000. The cost of parts to repair the valve was $5.00 75 YEARS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155 January 6, 1988 TO: Ed Shukle City Manager FROM: Joyce Nelson Recycling Coordinator SUBJECT: December's Recycling The City renewed their contract with Supercycle for 1988 at a cost of $1,430 per month. This month I will be getting ah~ld of apartment managers and explain how Supercycle has sent up programs in other 'apartment. complexs and how they have worked out. I think I will use the brochure with a flyer insert to inform the residents how recycling works and where to find their drop-off bins. Last month there were about 6 misses, Monday I called Supercycle and they came back out and picked up the misses. If you know of anyone that is missed please have them call right away so i can get their name on the list to be picked up. December's pick up was 13.3 tons and 327 households. 75 YEARS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155 January 7, 1988 TO: Ed Shukle City Manager FROM: Greg Bergquist Mechanic SUBJECT: December's Activity Report December was a mix of shop activities, starting out the month with normal service on all vehicles to the end of the mo~th with keeping equipment running. Much of my shop time was lost this month because of the weather. Unlike the person who previously held this position part of my duties include sanding and plowing for the Street Dept. This along with helping out other departments, answering phone complaints when others aren't available and filling out reports makes it very difficult at times to complete all tasks. Thanks to help from others we do manage to keep things running. I'd like to thank Joyce for helping me thru out the year with the paperwork and ordering she helps me with, this makes my job much easier. 75 YEARS January 4, 1987 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155 TO: CITY MANAGER FROM: CITY CLERK RE: DECEMBER MONTHLY REPORT There were 2 regular Council Meetings in December with 16 resolutions. There was preparation before the meetings and. items to deal with after the meetings. There was a full day Optec Ill P (our new voting'equipment) meeting to discuss how the elections for the cities that had them went this Fall. It was a very interesting session and a number of things will be changed before we use the machines in 7988. The Secretary of State's Office was represented and all changes were cleared with them. I have been working on the 7 tax forfeit parcels and this will come before the Council in January. I continued to work on the property files and now just have some items to clear up with the City Engineer on particular properties. Then it will just require upkeep on the system. -We have contracted with a person to come in an do microfilming for us. I have had this person start with the 1960's and work forward. After this is completed and an index system is set up for the old minutes and resolutions, they will be sent to the State Archives for them to store the originals. fc CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 January 4, 1988 T'O: FROM: RE: ED SHUKLE, CITY MANAGER AND CITY COUNCIL JOEL KRUMM, LIQUOR STORE MANAGER~/~ DECEMBER 1987 MONTHLY REPORT December was an exceptional month considering we had such a good December in 1986, when sales were $84,368. This year, in December, we did' $85-,4.54. .We were $1,100 up .over last December despite the fact that th'ere was an extra Friday's day of business in 1986. Why the good showing? I guess that selection, service and value go along way in establishing a solid basis on which to build a business. We consistantly still have the lowest overall prices in the Lake Minnetonka area. You would be surprised at the number of customers who come from Delano, Watertown, St. Boni, Spring Park, Orono and even from Wayzata and Excelsior to shop the Mound Liquor Store. Both Christmas Eve and New Year's Eve were record breaking days. On Christmas Eve sales were $9,143, breaking our previous high of $7,600. And on New Year's Eve, sales were $10,368, surpassing the mark of $9,900 set in 1984. For the year, the store had $850,279 in gross sales. Last year we had $822,631. Thus, we were up $27,647. The goal I presented to you last March, in my yearly report, was to have sales in 1987 exceed those in-1986 by $25,000 to $30,000 in order to maintain our current healthy profit margin. I state that we have successfully accomplished our goal. JK:ls At, equal Opportunity Employer that does not discriminate onthe basis of race, color, nahona origin, or handicapped status In ?,6. admlgsioR or access to or treatment or emplo?ment in, its programs and acti,.,t~es. January 6, 1988 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: RE.: ED SHUKLE, CITY MANAGER AND 'CITY COUNCIL JOHN NORMAN, FINANCE DIRECTOR DECEMBER FINANCE DEPARTMENT REPORT INVESTMENTS The following is December investment activity. Balance 12-1-87 $7,799,454 Bought: CP 7.65 Due 1-04-88 Dain 299,896 CP 7.80 Due 8-01-88 Piper 285,055 .CP 7.85 Due 1-04-88 Piper 130,075 CD 7.70 Due 5-13-88 Marquette 199,144 CP 7.70 Due 5-27-88 Marquette 11.9,449 CP 7.80 Due 3-01-88 Marquette 294,861 CP 7.90 Due 6-17-88 Piper 288,078 BA 7.80 Due 5-31-88 American Nat'l 263,711 CP 8.30 Due 1-04-88 Piper 350,566 Matured: FNMA 10.2 American Nat'l (485,000) CP 7.3 Marquette (400,127) CD 6.85 First Minnesota Balance 12-31-87 $9,045,162 We received the second half tax settlement from Hennepin County ($916,619) and one-half of the local government aid and homestead credit from the State ($347,334) during December. COMPUTER UPDATE We spent many hours working on a conversion-from LOGIS utility billing system to our new computer system. A computer program was developed to convert the LOGIS data (name, address, account number, balance forward) to the new system. This saved us from having to manually key in all the data into our new system. We managed to bill the utility customers on the stand alone system in December. Lois Sandquist has worked hard during this conversion process the past two months. Payroll and special assessments will be converted in early 1988. We will then be totally off of LOGIS. /O~ J N ' 1~'~ e~.a~ oppor*,unity Emp;oyer :hat does not discr,m,n¢:e O~ the basis Of race. Color. nat~c, na~ C. rlgiR, or hand~cacped status · ;¢ the admis~:;oa or access to or treatment or employment ;r,. itspro~,a~, ~.~ ~*~,~ actwn;Es INTEROFFICE MEMO TO: FROM: SUBJECT: Ed Shukle, City Manager Len Harrell, Chief.~ Vehicle Fire DATE December 30 On December 25, 1987, squad 842 caught fire and was a total loss.. Officer McKinley was with an individual at the office and his car was idling in the parking lot with Rex in the squad. Off. Limond had stopped in, while off duty, and as he was leaving, observed smoke and fire coming from the squad. Off. McKinley was able to retrieve Rex, but was unable to extinguish the fire. The Mound Fire Dept. responded, but the vehicle was a total loss. Other equipment lost in the fire included a shotgun', radar HR12, county radios, city radio, u'niform items, and canine equipment. The first aid equipment in the trunk was recovered undamaged. I have notified the. insurance company and John Norman of the.loss.' I ordered replacement equipment and have two different car dealers .tracking a replacement vehicle for the department. A. THOMAS WURS?, P.A. CURTIS A. PEARSON, ID.A. OAMES D. I_ARSON, P.A. THOMAS F. UNDERWOOD, P.A. CRAIG M. HERTZ ROGER U. FELLOWS LAW WURST, P£AR$ON, LAR$ON, UNDERWOOD & M£RTZ- IIOO I~IRST BANK PLACE WEST HIN N EAPOLI$, HINN £$OTA January 4, 1988 Mr. Ed Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Doe v. City of Mound and Officers Wold and Hudson Dear Ed: I am enclosing herewith a copy of a letter from Rolf E. Gilbertson, defense lawyer for the Home Insurance Company, defending the City of Mound and Officers Wold and Hudson regarding the case of Doe v. City of Hound. The letter in- dicates that the plaintiff had appealed this case to the Circuit Court of Appeals in St. Louis and the insurance company was of the opinion that it would cost them in excess of $3,500 in attorneys' fees and costs to defend that appeal. They therefore have agreed to a Settlement in the amount of $3,500 Wbi.ch removes any possibility of the Cityland/or our employees being found negligent or liable. They are in the process of receiving the releases and the court approved minor settlement, and with those documents this matter will be finally put to rest. I would say that the settlement is tantamount to a complete and total vindication of the actions taken by the City's police officers in the matter. CAP:Ih Enclosure cc: Sgt. Bill Hudson Very truly your~ .'/ .~ / ~ ' .. .~+~.~.. City Attorney ,,,tOSEPH A. MAUN I~IrRLYN C. GRtrEN LAWRENCr j. HAYES JEROME S. SIMON JOHN C. JOHANNESON BRUCE G. ODLAUO ALBERT A WOODWARD GARRETT E. MULROONEY WILLIAM J. HASSlNO M. MICHAEL NONAHAN CHARLES BANS BARRy A. GERSICK GEOFFREy p. JARP[ RICHARD M. OAAL$WYK MAUN, GREEN, HAYES, SIMON, JOHANNESON AND BREHL ATTO R N £Y$ AT LAW SAINT PAUL 4. O~, ST. PETER SAINT PAUL, MINNESOTA SSlO~' TELEPHONE: MINNEAPOLIS OFFICE MIN NEAPOLI~ MINNESOTA TELECOPIER: LARRY S. GUTHRIE ROLF tr. GILBERTSON BETH I~. COLTON NANCY BURKE HUPP JAMES G. WIrlHHEYER PHILIP T. COLTON LONN¥ D. THOMAS GORDON J. APPLE THOMAS J. PUFF RUTH SlLSETH HARCOTT STEVEN E. RAU PATRICIA A. COMEFORD PAUL F. BEGG$ ~USAN SORRELL KELLY R£.LY ~o St. P-aul December 29, 1987 Mr. Curtis A. Pearson City Attorney City of Mound · WURST, PEARSON, LARSON, UNDERWOOD & MERTZ 1100 First Bank Place West Minneapolis, MN'55402 Re: Doe v. City of Mound, et al Dear Mr. Pearson: As you know, we obtained dismissal of all claims against the City of Mound and Officers Wold and Hudson at the district court level. On appeal, the Home Insurance Company has settled all claims in the amount of $3,500, which represents less than the amount it would cost to complete the appeal. We will provide copies of the executed Pierringer release and order approving mi~or settlement once theY are received. Very truly yours, Rolf E. Gilbertson REG/bas LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET WAYZATA. MINNESOTA 55391 TELEPHONE 612/473-7033 FRANK MIXA, EXECUTIVE DIRECI~R BOARD MEMBERB l~bor! r~Rscop. Chairman Orono Wally Clevonger. Secretary Mark Wesllund. Treasurer Way?ara Marvin Bjorlin '~bnka B,'3y Jan Boswi,kol Millnelo,ka Beach Richard J. Garwood De~phaven Peter Hill Victoria Spring Park Richnrd Nelso~l Robert K. Pillsbury Mound Robert E. Slocum Woodland Isior TO: Member Municipalities Member Mayors DATE: January 5, 1988 Attached is the summary of the municipal, responses to the LMCD legislative program. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Executive Director FM:jm att: summary c/att: Weekly News Minnetonka Sailor The Laker //dP cci ~ Lake Minnetonka Conservation District LEGISLATIVE PROGRAM LMCD Legislation 1. The District should receive authority to set fees and require permits for watercraft use of Lake Minnetonka to support Lake-related programs. The District should request authority to assess a property owner to recover costs for removal of dilapidated docks, boats, other structures, or fallen trees from the Lake. 3. The District should have review authority for any research or other project having Lake impact. '4. The District should request that its authority be extended to provide for planning, funding, acquisition, development, ownership and operation of lauching facilities and other means of public access to the Lake. 5. The District should request per diem and expense allowances for Board members. 6. The Lake Minnetonka Conservation District levy should be exempted from municipal tax levy limitations. 'Other Legislation 7 The District should receive boating safety funds for planning, research and regulation. Ail agencies and political subdivisions of the state should be required to notify the District prior to conducting research on Lake Minnetonka and to keep the District informed about the progress and results of such research. 10,. The District should request that both boating safety funds and their allocations to high activity areas be increased by the legislature. The District should request that boating safety and other state and county funds allocated to the Water Patrol be increased and distributed by usage and activity to support an expanded program. 11. The District should request that Lake maintenance funding for the county be supported from boating safety or from other special funds established by the state and county, and be increased. ~ 12. The District should request regional funding for public access facilities. 13. The District should request that the boat registration procedure should be updated, be made more efficient, and that license fees should be increased. 11-13-87 II9. MEMO TO: Minnehaha Creek Watershed District Board of Managers FROM: Eugene A. Hickok and Associates DATE: December 17, 1987 RE: Lake Level, Flow and Precipitation Summary for November 1987. Lake levels in Lake Minnetonka have stabilized at approximately 928 in November as illustrated by the attached graph and lake elevations. There has not been any discharge from Lake Minnetonka to Minnehaha Creek since November 17, 1986. Minnehaha Creek at the Browndale Avenue Dam in Edina has maintained flow throughout October. This is shown by the monthly flow summary. The 30 year average precipitation for November at the National Weather Service station in Maple Plain is 1.46 inches. The actual precipitaiton recorded in Wayzata for November was 2.37 inches. A summary of precipitation follows. PRECIPITION SUMMARY Maple Plain November Actual 30 Year Average * 1.46 Minneapolis-St. Paul Intern'l Airport November 2.07 1.29 Wayzata November 2.37 *Unavailable at the time of this report MONTHLY FLOW SUMMARY November 4, 1987 November 18, 1987 Grays Bay (cfs) Browndale Avenue Dam (cfs) 0 15.5 0 24.5 //3 Minnehaha Creek Watershed District I~ke Mtka Water Elev~f.~ons - 1986--1987 9 ~D'O0 9~.80 9~.60 9~.40 929.20 928.60 928.40 929.20 - 922.00 - 927.~0 - 927.60 - 927.40 - 927.20 - 927.00 25-Jan-87 11 -. Aucj--87 27-Fe_~-88 0 0 0 0 ¢ 0 0 0 0 0 0 0 0 ¢ 0 0 ::., :;It,/ MINUTES OF THE L.M.C.D. MAYOR'S MEETING MINNETONKA COMMUNITY CENTER SATURDAY, DECEMBER 19, 1987 An informal meeting of the Mayors and/or their representatives of communities composing the Lake Minnetonka Conservation District was held at the invitation of the City of Minnetonka. This is a follow-up to subjec~ matter discussed at previous meetings hosted by the cities of Mound and Tonka Bay. Those in attendance: Bob Rascop, Mayor, Shorewood & Chair, LMCD Jim Grabek, Mayor, Orono Bill Humphrey, Mayor, Wayzata Wally Clevenger, Mayor, Minnetrista Jerry Rockvam, Mayor, Spring Pakr Gerry Schmieg, Mayor, Victoria Bob Pillsbury, LMCD, Minnetonka Peter Hill, LMCD, Victoria Gen Olson, Senator, 43rd District Dirk DeVries, Representative, Metro Council jaCk Mauritz, Staff, -Metro Council Larry Don~in, Mayor, Minnetonka - Also in attendance were Dave Cochran, Tom Maple, representing The Sailor Newspapers, Ms. Wright. and LMCD Chair Rascop reviewed with the group proposed changes to their legislative program. Items effecting enabling legislation which numbered six will be deleted leaving seven points that will be pursued. These, along, with the matrix suggested by Senator Olson at the September meeting, summarizing the municipal response will be distributedto 'member communities. Discussion ensued after Dirk DeVries' comments and observations. At the conclusion, the consensus was to instruct our respective LMCD representatives as follows: To delay execution of the contract preparing the Manaqement Plan for Lake Minnetonka, and to request full funding for same from the Metropolitan Council. To change the RFP, requesting completion within a time frame of less than three years and as close to one year as practicable. MINUTES OF L.M.C.D. MAYOR'S MEETING SATURDAY, DECEMBER 19, 1987 PAGE Two Se (Continued) Rather than discuss the rationale for above within the~ minutes, those communities not in attendance are invited to contact any of the above for clarification. The meeting adjourned at approximately 11:15 A.M. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) 1988 LMC/AMM LEGISLATIVE CONFERENCE TUESDAY, FEBRUARY 16 Program in brief Location: St. Paul Radisson Hotel, Kellogg Boulevard 8:00 a.m. Registration 9:00 a.m. Opening General Session 'The State of the Cities - 1988# Cities' fiscal concerns will be examined in light of proposals to overhaul the state's property tax system. City officials will hear from state and legislative officials.including John Tomlinson, Commissioner of Revenue Senator Douglas Johnson, Chairman, Senate Tax Committee Representative Gordon Voss, Chairman, House Tax Committee Representative William Schreiber, House Minority Leader A panel of city officials will question both lawmakers and the Commissioner of Revenue on their outlook on state-local fiscal issues. Get your questions ready, too! 12 Noon Luncheon #Cities' Legislative Agenda in 1988# senator Roger Moe, Senate Majority Leader Representative Robert Vanasek, Speaker of the House 1:30 p,m. Legislative Issue Briefings - Two Concurrent Sessions Levy Limits/Local Government Aid Tax Increment Financing 2:00 p.m. Small Group Strategy Sessions City officials with a special interest in a particular issue will have an opportunity to discuss lobbying strategy and involvement in efforts to secure a favorable outcome for the issue at the legislature. Veterans Preference Optical Scan Voting Equipment Wastewater Treatment Construction Supplemental Grants Fiscal Disparities Return of Excess 2% Police Aid to PERA OVER These informal discussions will put you in touch with League legislative staff and fellow city officials to put together action plans aimed at helping the League win the day for cities on these key local government concerns. 3:00 p.m. City Day on the Hill Shuttle buses will be available to take city officials to the Capitol and return. Plan now to meet with your legislators and let them know where cities stand (together!) on key legislative issues! 5:30 p.m. LMC/AMM RECEPTION FOR LEGISLATORS AND STATE OFFICIALS Open to City officials registered for the conference and to state lawmakers and appointed officials. LMC 1988 Legislative Conference Tuesday, February 16, 1988 Radisson St. Paul Hotel 11 East Kellogg Blvd. St. Paul, Minnesota 55101 Registration City (Please print or type) Name Title Name Title Name Registration fee: $50.00 advance, $60.00 on-site Check enclosed in the amount of $ Title Advance Registration Deadline -- Wednesday, February 10, 1988. Fee includes conference registration, luncheon, and evening reception with legislators invited. Mail to Gayle L. Brodt, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101. t'~[-~ R,~di~.~on' Hotel St. Paul J 1 Ea,I Ktlh,l~ Blvd. St. Paul, MN 55101 (612~ ORGANIZATION League ol Minhcsola Cities FUNCTION 1988 ~giulative Conference ALL REQUESTS FOR THE ABOVE GROUP MUST BE RECEIVED BY January 25, 1988 DON'T 'FORGET-- MAKE CHECK OR MONEY ORDER PAYABLE TO RADISSON HOTEL ST. PAUL DO NOT SEND CURRENCY. DATES _ February 16, 1985 Please [eserve accommo0alion$ tot NAME ADDRESS LAST FIRST COMPANY Print or Type CITY STATE, SHARING ROOM WITH SIGNATURE ZIP CODE NO. OF PERSONS PHONE NUMBER ARRIVAC DATE DEPARTURE DAlE CHECK IN TIME 3:00 PM CHECK OUTTIME 12:00 PM ACCOMMODATIONS WILL NOT BE CONFIRMED WITHOUT A CHECK FOR THE 1SI NIGHT'S DEPOSIT OR USE YOUR AMEX OR DINERS CLUB CREDIT CARD # TO GUARANTEE YOUR RESERVATION. YOU WILL BE CHARGED FOR THE 1st NIGHT IF RESERVATIONS ARE NOT CANCELED 48 HOURS PRIOR TO ARRIVAL. CREDIT CARD [] AMEX F'I DINERS CLUB [] VISA E~ MASTERCARD EXPIRATION DATE IPLEASE CHECK ONE) PLEASE CHECK PREFERRED ACCOMMODATIONS SPECIAL, REDUCED RATJ;S FOR MEMBERS ONLY $58.00 SINGLE $68.00 DOUBLE (2 People) IF RATE REQUESTED IS NOT AVAILABLE, NEAREST AVAILABLERATE WILL BE ASSIGNED. THERE IS AN ADDITIONAL $1200 CHARGE FOR THE '[HIRD OR FOURTH OCCUPANT IN EACH ROOM. RATES ARE SUBJECT TO APPLICABLE TAXES. NO CHARGE FOR CHILDREN UNDER 18 OCCUPYING THE SAME ROOM AS PARENTS. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) December 30, 1987 TO: FROM: RE: Mayors, Managers,~lerks Donald A. Slater, tive Director League of Minnesota Cities 1988 Legislative Policies I am very pleased to transmit to you a copy of the League's 1988 Legislative Policies. The League of Minnesota Cities owes a great debt to the dedicated city officials who worked as members of the League's policy committees on the 1988 legislative policies. They spent many hours developing the policy document which was ultimately voted on at the policy adoption meeting in St. Paul. We also had significant participation in the policy process from those city officials who participated in the regional meetings. At each of the'regional meetings the officials considered controversial issues from each of the policy committees and voted their preference on these significant questions. This result was considered by the policy committees as they completed the final drafting of the proposed 1988 legislative policies. I feel, therefore, that this year's policy has had very broad base participation by Minnesota city officials. It is truly a grassroots document reflecting the concerns and aspirations of city leaders from throughout the length and breath of Minnesota. At the policy adoption conference delegates were asked to rank the "A# priorities in terms of their view of which #A" priorities were the most important. Those which achieved the highest point scores are as follows: RS-2, Local Government Aid and State Funding to cities; RS-I, Property Tax Reform; DS-l, Tax Increment Financing; LUEET-1, Wastewater Treatment; and RS-3, Elimination of Levy Limits. The League will, of course, continue to give the .#A# priority policies the treatment they merit but will also be mindful of the indication of highest priority by the city officials attending the policy adoption meeting. The League is currently soliciting city official participation in the 1988 policy committees. A flyer on this subject is enclosed for your utilization. We encourage all city officials who can possibly spare Page 2 the time to sign up for one of the League legislative committees and return the form to the League office in St. Paul. This year we are looking for methods to increase participation by elected officials in the League committees. We are also interested in attempting to schedule at least one meeting of each committee outside of the metropolitan area at a location generally more convenient for city officials from greater Minnesota. Please note that the sign-up form asks whether a city officials could participate as a member of the policy committee should meetings occur on Saturdays. The officers on the Board of Directors as well as the League staff remain very interested in improving the policy process. Should you have any comments or recommendations, please forward them to me and I will be very interested in taking account of your observations as we strive to improve the policy development activities of the League of Minnesota Cities. DAS:rmm Calling all city officials Now is the time to sign up for legislative committees Would you like to help shape the League's legislative policies and priorities? The involvement of local officials is a key component of the League's legislative success. Local officials contribute to this success by identifying issues, studying and recommending solutions, voting on legislative policies at the Legislative Policy Adoption Conference~ and through personal contact with their legislators. LMC legislative policies have high credibility with legislators because they know that the policies are determined through the involvement of many local officials. The League encourages elected and appointed officials from throughout the state to sign up for a committee. There are six legislative committees dealing with different subjects. The committees are: GENERAL LEGISLATION AND PERSONNEL discusses tort liability and insurance, purchasing authority, open meetings, mandates, charitable gambling, licensing of contractors, competitive bidding issues, personnel, PERA, emergency medical services, veterans' preference, and military leave issues. LAND USE~ ENERGY, ENVIRONMENT~ AND TRANSPORTATION covers wastewater treatment, solid and hazardous waste, ground and surface water management, land use (planning, annexation, eminent domain, and adverse possession), energy conservation, and transportation issues. REVENUE SOURCES deals with law, local government aid, and issues. municipal finance, property tax audits and financial reporting DEVELOPMENT STRATEGIES discusses general development issues including tax increment finance, industrial development bonds, redevelopment, economic development authorities, and housing. ELECTIONS AND ETHICS deals with election and ethical issues, such as voter participation and a uniform election day policies for example. FEDERAL LEGISLATIVE handles issues in conjunction with the development of the National League of Cities national municipal policy. Policy areas are fiscal, development, environment, and transportation. In May, 1988, the League's president will appoint new legislative- committee members. The committee appointments are for a two-year period (1988/89) that coincides with the state's biennium. Everyone requesting to serve on a legislative committee will definitely be placed on a committee. The League strives to achieve balanced representation on each committee so we can't guarante you will be placed on the committee of your first choice, but every effort will be made to do so. To apply for a legislative committee, please fill out the form below and return it to Lynda Woulfe, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101. PLEASE RANK YOUR PREFERENCE FROM 1 (FIRST) TO 6 (LAST). I would like to serve on: Development Strategies Land Use, Energy, Environment and Transportation Revenue Sources Elections and Ethics Personnel and Public Safety Federal Legislative I would be able to meet on Saturday. I would NOT be able to meet on Saturday. Name Address Title City, Zip Home phone ( ) Work phone Return to Lynda Woulfe, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101. League oJ: Minncsoto Cities .for Icgisletiv¢ end odministretiv¢ action 183 University Ava E. St. Paul. MN 55101 (612) 227-5600 I * 1987 League of Minnesota Cities All rights reserved Printed in the United States of America FOREWORD One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle through which cities can define common problems and develop policies and proposals to solve them. To accomplish this purpose, the League has a four-step process: First, legislative study committees of city officials study the issues and propose policies to address issues. They assign priorities according to importance. Second, the League develops legislative issue papers and discusses them at the League's regional meetings. City officials attending regional meetings vote on which position the League should take on each of the legislative issue papers. These votes are brought back to the policy committees for their consideration in develophtg the proposed policies and priorities. Third, the League's Legislative Committee reviews the policies and priorities and makes any changes the committee members deem necessary. The Legislative Committee consists of the LMC Board of Directors and the chairs of the legislative study committees. Fourth, representatives of all member cities meet at the annual Policy Adoption Meeting to adopt the policies. Amendments to the policies are possible with a two-thirds majority of those voting on the issue. The policy statements attd legislative proposals itt this publication are the result of that process. They provide the LMC Board of Directors and staff with guidance when testifying before legislative committees and taking other actions with legislative or policy implications. Priority designation of the policy is itt parentheses at the end of the policy title. The' study committees developed the priorities and the Legislative Committee and metnber cities reviewed them attd, bt some cases, modified them. The priorities give additional guidance to the LMC Board and staff in intplementing the League's legislative program. "A' priority indicates a major issue, where the League would introduce legislation or would work actively with other groups to seek new laws and regulations. "B" priority indicates items that are important to cities but where the League would probably spend substantially less tithe unless the legislature or other groups mounted a major effort to which LMC had to respond. While the League might initiate legislation on "B" priority items, · these would b e relatively non-con troversial items, or those where most of the research has already been completed. "C' priority btdicates items where the League would respond only when other groups raise the issue. -i- LMC LEGISLATIVE POLICY COMMITI'EE MEMBERS Development Strategies Mary Anderson, Mayor, Golden Valley -- Chair Stephen Townley, City Administrator, Madison -- Vice Chair Clark Arneson, Economic Development Director, Chaska Chuck Canfield, Councilmember, Rochester Jerry Carrier, City Administrator, Lexington Dave Childs, City Manager, St. Anthony John Fitzgerald, Councilmember, Prior Lake John Frohrip, Community Development Director, Sauk Rapids Andrea Hart, Assistant Legislative Liaison, Minneapolis A.J. Johnson, City Manager, Montevideo Dennis Kraft, Economic Development Director, Shakopee Mark Lenz, City Administrator, Mahtomedi Rick Lewis, Assistant Administrator, Cottage Grove Diane Lynch, Intergovmental Relations, St. Paul Robert Museus, Clerk Administrator, Rushford Rick Mussett, Community Development Director, Bloomington Bruce Peterson, Community Development Director, Willmar Neil Ruddy, City Administrator, Redwood Falls Jim Salk, Councilmember, St. Cloud David Thompson, Councilmember, Golden Valley Ken Tischart, Mayor, Red Lake Falls 'Kurt Ulrich, Community Development Director, Champlin David Unmacht, City Manager, Prior Lake Craig Waldron, Economic Development Director, Roseville Dennis Welsch, Planning Director, White Bear Lake Elections and Ethics Larry Bakken, Councilmember, Golden Valley -- Chair Carol Carlson, Director of Admin. Services, New Hope -- Vice Chair Karen Anderson, Councilmember, Minnetonka Gary Bastian, Councilmember, Maplewood Dana Bright, Councilmember, New Brighton Rob Grasslln, City Clerk, St. Cloud Carole Grimm, City Clerk, Rochester Dixie Johnson, Councilmember, Detroit Lakes Evelyn Kjos, City Clerk, Burnsville David Mack, Clerk Treasurer, East Grand Forks Betty McCollum, Councilmember, North St. Paul Joyce Mercil, Director of Elections, Minneapolis Mary Mueller, City Clerk, Apple Valley Elaine Niehoff, Councilmember, Melrose Doris Nivala, Clerk Treasurer, Ham Lake Steve North, Assistant City Manager, Roseville A10lson, City Clerk, St. Paul Marty Pinkey, Councilmember, Moorhead Ruth Rasmussen, Councilmember, Austin Joanne Student, Council Secretary, Columbia Heights Evelyn Woulfe, City Clerk, Bloomington General Legislation and Personnel Pete Stolley, City Administrator, Northfield -- Chair Joanell Dyrstad, Mayor, Red Wing -- Vice Chair Richard Abraham, City Administrator, Lake City Linda Barton, City Manager, Burnsville Dennis Bible, Director of Labor Relations, Minneapolis Lynn Boland, Personnel Director, Apple Valley Pat Bonniwell, Administrator-Clerk-Treasurer, Dassel Frank Boyles, Assistant City Manager, Plymouth Ralph Campbell, Cable Administrator, Minneapolis Richard Carlquist, Police Chief, Plymouth Michael Casper, Clerk Treasurer, Breckenridge John Christenson, Mayor, Good Thunder Wayne Courtney, Mayor, Edina Dan Donahue, City Manager, New Hope Jerry Dulgar, City Manager, Anoka Brian Holzer, Fire Chief, Burnsviile Bill Joynes, City Manager, Golden Valley Melvin Kilbo, Chief of Police, Orono Gary Klaphapke, City Administrator, Fairmont Scott Larson, Clerk Administrator, Cambridge Larry Lee, Assistant City Manager, Bloomington Orville Mertz, Fire Chief, Rochester Kent Michaelson, Personnel Director, Bloomington Ron Moorse, Administrative Assistant, Roseville Robert Norton, General Services Director, Winona John Pe~erson, Councilmember, Lindstrom David Pokorney, City Administrator, Chaska Robert Schoefer, City Administrator, Inver Grove Heights Ryan Schroeder, Assistant City Manager, Robbinsdale Norm Schroeder, City Administrator, Staples Robert Swanberg, City Administrator, Renville William Thompson, Fire Chief, Coon Rapids Robert Woefel, Councilmember, Redwood Falls Betty Zachmann, Clerk Treasurer, Winsted Land Use, Energy, Environment, and Transport Brian Gramentz, City Administrator, Winstcd -- Chair Jim Andre, City Manager, Roseville Bill Barnhart, Local Liaison, Minneapolis Gary Berg, City Planner, Brooklyn Park Frank Furlan, Mayor, Chisholm Jim Genellie, Administrative Assistant, Hopkins Joseph Grillo, Community Development Director, Blaine Mark Grimes, Planning Director, Golden Valley Gary Hale, City Administrator, Biwabik Tom Hallorah, Building Official, Rochester Dayle Johnson, Mayor, Battle Lake Neil Johnson, Public Works Director, Brooklyn Park Lilias Jones, Clerk, Wolverton Roger Knutson, City Attorney, Lakeville Russ Langseth, Public Works Director, Bloomington Dean Massett, Council Administrator, Red Wing Steven Mielke, Community Development Director, Hopkins Kenneth Murphy, Counciimember, Thief River Falls - iii - Bruce Nelson, Executive Director, ALAgD, Alexandria Stcvcn Schwankc, City Planner, Eagan Blair Tremcre, Planning Director, Plymouth Kathcrlne Trummer, Councilmcmbcr, South St. Paul Revenue Sources Duane Knutson, Mayor, Fertile -- Chair Liz Witt, Councilmember, Mendota Heights -- Vice Chair Duke Addicks, Legislative Liaison, Minneapolis John Anderson, City Manager, Shakopee Bill Bassett, City Manager, Mankato Mary Lou Beckman, Mayor, Lake City Ed BurrelI, Roseville Charles Darth, Director of Intergovermental Relations, Brooklyn Park · Walter Fehst, City Manager, Robbinsdale Steve Hard, Councilmember, Falcon Heights Sam Houston, Mayor, St. Cloud Barbara lrvine, Councilmember, Hanover Robert Johnson, City Administrator, Montgomery Richard Johnson, City Manager, Blaine Darrel Johnson, Finance Director, Winona Diane Lynch, Intergovernmental Relations, St. Paul Tim Madigan, City Manager, Waseca Dean Nyquist, Mayor, Brooklyn Center Craig Rapp, City Manager, Hopkins Al Ringsmuth, Mayor, waite Park Mark Sauter, Councilmember, Waconia Mark Siever, City Administrator, Dayton Hank Sinda, City Manager, New Brighton Dan Vogt, City Administrator, Shorew0od Richard Waataja, Clerk Treasurer, Cook James Willis, City Manager, Plymouth Federal Legislative Steve Cramer, Councilmember, Minneapolis -- Chair Pete Solinger, Councilmember, Rochester -- Vice Chair Cynthia Albright, Councilmember, Duluth Jim Krautkremer, Mayor, Brooklyn Park William Gill, Mayor, Northfield Millie MacLeod, Councilmember, Moorhead Carl Meissner, City Administrator, Cottage Grove Bruce Nawrocki, Mayor, Columbia Heights Nell Peterson, Councilmember, Bloomington Clarence Ranallo, Councilmember, St. Anthony Jim Scheibel, Councilmember, St. Paul Betty Sindt, Councilmember, Lakeville - iv - TABLE OF CONTENTS Page Foreword ....................................................... '. ........................................................................................................................... i Committee Members..~ ......................................................................................................................................................... ii Development Strategies DS4. Tax Increment Financing (A) ................................................................................................................................. 1 DS-2. Economic Development Authorities (A) ............................................................................................................ DS-3. Community Development Principles (B) ............................................................................................................ 1 DS-4. Development Financing (B) ................................................................................................................................... 2 DS-5. Municipal Service Districts (B) ............................................................................................................................ 2 DS-6. Housing (B) ................................................................................................................................................................ 3 DS-7. Economic Development Funds (B) ...................................................................................................................... 3 DS-8. Tax-exempt Status of Land Held by Cities for Development (C) ............................................................... 3 DS-9. Small Cities Community Development Block Grant Program (C) .............................................................. 4 Elections and Ethics EE4. Uniform Local Government Election Day (B) ................................................................................................. 4 EE-2. Campaign and Finance Disclosure (B) ............................................................................................................... 4 EE-3. Voting Equipment (B) ............................................................................................................................................ 5 EE-4. Election Day Registration and Administrative Improvements (B) ............................................................. 5 EE-5. Conflicts of Interest/Incompatibility of Office (B) ........................................................................................ 5 EE-6. Recall of Local Elected Officials (B) ..................................................... :. ........................................... , .............. 5 EE-7. Initiative and Referendum (B) ........................................................................................................ :...: ................. 6 EE-8. Mail-in Balloting (B) ............................................................................................................................................... 6 EE-9. Optional Poll Hours (C) ........................................................................................................................................ 6 EE40. City Election Campaigns (C) ....................................................................................................... ; ....................... 6 General Legislation and Personnel GLP-1. Veterans' Preference (A) ...................................................................................................................................... 6 GLP-2. Minnesota Public Employment Labor Relations Act (A) ........................................................................... 7 GLP-3. Open Meetings (B) ................................................................................................................................................ 8 GLP-4. Tort Liability and Insurance (B) ....................................................................................................................... 8 GLP-5. Mandates (B) .......................................................................................................................................................... 9 GL?-6. Purchasing Authority of Plan B Managers (B) ............................................................................................. 9 GLP-7. Government Training Service Funding (B) ..................................................................................................... 9 GLP-8J Public Employees Retirement Association (PERA) Benefits, Financing, and Administration (B) ....................................................................................................................................................... 9 GLP-9. Local Government Pay Equity Act (B) ......................................................................................................... 11 GLP-10. Time And Distance Residency Requirements (B) .................................................................................... 11 GLP41. GLP42. GLP43. GLP44. GLP45. GLP46. GLP47. GLP48. GLP49. GLP-20. GLP-21. One Class of Beer/Wine In Grocery Stores (B) ...................................................................................... Firefighter Certification (B) ........................................................................................................................... 12 Military Leaves (B) ............................................................................................... -. ........................................... 12 Workers' Compensation (C) ........................................................................................................................... 12 Modifications to the State Building Code (C) .......................................................................................... 12 Social Investing (C) ......... ~ ................................................................................................................................ 12 Emergency Medical Services (C) .................................................................................................................. 12 Towing of Abandoned Vehicles (C) ............................................................................................................. 13 Joint Powers Act (C) ........................................................................................................................................ 13 Cable Communications (C) ............................................................................................................................ 13 State Licensing of Contractors (C) ............................................................................................................. 13 Land Use, Energy, Environment, and 3~'ansportation LUEET-1. Wastewater Treatment (A) .................................................................................... LUEET-2. Land Use, Planning, and Annexation (A) .................................................. iii..iiiiiii.iiiiiii..i.iiiiiiiiiiiiiiiiiii la 15 LUEET-3. Transportation (A) ........................................................................................... LUEET-4. Solid and Hazardous Waste Management (B) ................................... ii....~iiiii.iiiiiiiiiiiiiiiiiiiiiiiiii'~'~iiii" 16 18 LUEET-5. Ground and Surface Water Management (B) ...................................................................................... 19 LUEET-6. Pesticides and Other Hazardous Materials (B) ................................................................................... 20 LUEET-7. Eminent Domain Law (C) .................................................................................................................. ~ ...... 20 LUEET-8. Energy Conservation (C) ........................................................................................................................... 20 Revenue Sources RS4. Property Tax Reform (A) ..................................................................................................................................... 21 RS-2. Local'~overnment Aid and State Funding to Cities (A) ............................................................................ 22 RS-3..Elimination of Levy Limits (A) ......................................................................................................................... 23 RS-4. Sales and Motor Vehicle Excise Tax Extension (A) .................................................................................... 24 RSo5. State Administrative Costs (B) ......................................................................... : ................................................ 24 RS-6. Stability of State Revenues (B) .......................................................................................................................... 25 RS-7. Sales Ratio Issues (B) ........................................................................................................... 25 RS-9. Interest Limits on Municipal Bonds and Special Assessment Financing (C) ........................................ 26 RS-10. License Fees (C) ............................................................................................................................... RS-II. Railroad and Telephone Taxation (C) ......................................................................................... iiiiiiiiiiiiiiiiiii 26 26 RS-12. Tax-Exempt Property (C) .................................................................. . ................. : ............................................... 26 RS-13. Local Option Taxes (C) ...................................................................................................................................... 27 RS-14. State Audits and City Financial Reporting Requirements (C) ........ : ............................... : .................... i... 27 Federal Legislative . FL-1. Federal Tax Policy Modifications ....................................................................................................................... 27 FL-2. Homelessness .................................................................................................................................... j ..................... 28 FL-3. Extension of Medicare Coverage Requirements ............................................................................................ 29 FL-4. Mandates .................................................................................................................................................................. 29 FL-5. Rural Development Priorities ............................................................................................................................. 29 FL-6. Underground Storage Tank Regulations .......................................................................................................... 30 FL-7. Pipeline Safety ........................................................................................................................................................ 30 FL-8. Clean Air Act Compliance .................................................................................................................................. 31 FL-9. Essential Airline Service ...................................................................................................................................... 31 FL40. Cable Television Regulation Issues .................................................................................................................. 32 FL41. Regulation of Incinerator Emissions ................................................................................................................ 32 FL42. StormWater Permits ............................................................................................................................................. 33 FL-I3. immigration Forms for Election Judges ......................................................................................................... 34 FL44. Low- and Moderate-Income Housing .............................................................................................................. 34 - vi' Development Strategies DS-1. Tax Increment Financing (A) The legislature should recognize that tax incre- ment finance (TIF) is the cornerstone of redevelop- ment and economic development programs through- out Minnesota2 The legislature shouM preserve TIF rather than seeking ways to curtail and limit municipal TIF authority. Cities have the responsibility for the physical conditions and the development of the state's ur- banized land. Tax increment finance is virtually the only tool available to cities for positive inter- vention to arrest the spread of blight and slums and encourage sound economic development. Moreover, since cities have the responsibility for preserving and maintaining the state's physical development, cities must have the authority for discharging that responsibility. TIF is indispen- sable to cities in order to execute that responsibility. Tax increment finance has permitted cities to plan and. carry out housing, and economic develop- ment projects on their own initiative. It represents the most feasible and effective legal strategy which is currently available to cities to preserve and im- prove their physical and economic environment. In view of the dramatic reductions in federal as- sistance for development and housing, tax incre- ment finance remains one of the few options avail- able for cities to promote growth and development in their cities. The League opposes volume limits or penalties for municipal use of tax increment finance. Should the legislature decide that particular tax increment finance practices should be modified, those prac- tices should be dealt with through specific proposals rather than the establishment of a volume limitation. The League also opposes the granting of a project veto to other taxing jurisdic- tions. DS-2. Economic Development Authorities (A) The League supports legislation which would provide city economic development authorities with the same power and authority as certain cities have been granted in special port authority acts. The League believes that it is unfair and un- reasonable to grant greater authority and power to -1- some cities in the economic development field and requests the following legislative changes accord- ingly: Authorize all cities to designate economic development areas anywhere within their jurisdiction, not as present law provides, requiring that economic development areas be contiguous and meet the tax increment finance redevelopment/blighted area test. Authorize the issuance of debt with respect to project activities within economic development districts without a referen- dum. o Authorize a separate levy of .75 mills for economic development purposes. Authorize the economic development au- thority to build buildings or structures on land owned by the authority. DS-3. Community Development Principles (B) The LeagUe supports legislation which continues state assistance to cities for community and economic development. Technical assistance should be furnished by the appropriate state agencies to aid cities in promoting local development activities. ' The State of Minnesota enacted major initiatives in the economic development field during the 1987 session of the Legislature. The State created a Greater Minnesota Corporation, expanded the au- thority of the Community Development Division of the Department of Trade and Economic Development, and provided significant new fund- ing for these activities. The legislation establishing these initiatives provides great flexibility to the state in implementing these new and expanded programs. The state faces many choices in bring- ~ng the programs into operation. The cities of Minnesota urge the legislature and the governor to recognize city governments as the foundation of economic development, and establish a partner- ship with cities in the mutual objective of improv- ing and encouraging economic activities in Minn- esota. We believe that cities should have representa- tion on the board of directors of the Greater Minnesota Corporation. We also believe that the Department of Trade and Economic Development should establish a committee of elected city offi- cials to review local project proposals and advise the Department on the appropriate participation by cities with the Department in economic development programs. Minnesota cities have traditionally been respon- sible for their own economic growth. During the '60s and '70s, cities promoted development through the use of industrial revenue bonds, tax increment financing, and housing (or mortgage revenue) bonds. Substantial federal grant programs supple- mented local resources. The economic realities of the 1980s require even greater efforts by cities in community and economic development. As federal assistance disappears, cities are forced to become more creative in the use and leveraging of available resources. Community and economic development legisla- tion should respond to the following concerns: 1. Protection of cities' ability to finance capi- tal improvements; Management of economic growth to maxi- mize cities' existing capital investment; Revitalization of cities reversing the trend 'of dispersion of population and economic activity; Recognition and allowance for the great differences between cities, regarding their stages of growth and development, demographics, and types of economic ac- tivity within and adjacent to their borders; and The legislature should enable the Small Business Finance Agency to package "projects which are approved by local city councils into larger industrial revenue bonds. DS-4. Development Financing (B) The League supports the continued use of in- dustrial development bonds and other tax-exempt instruments as development tools. The following principles should apply to the al- location of tax-exempt development authority: A maximum of Minnesota tax-exempt development allocation authority being retained by municipalities; 2. The maintenance of local discretion and flexibility in development decisions; and 3. The minimization of state control of local development decisions. Tax-exempt financing allows cities to undertake a diverse range of activities to prevent economic deterioration, to attract new businesses and jobs, to retain existing businesses and jobs, and to main- tain and strengthen the local tax base. Pending federal tax legislation would substan- tially change the applicability of tax-exempt development financing. Should the state become: involved in designing a new system appropriating tax-exempt bond authority to cities, the League recommends that the above three principles apply, in general, and that the League be centrally in- volved with the governor and the Legislature in fashioning an equitable system. DS-5. Municipal Service Districts (B) The League supports legislation which wouM al- low cities to create municipal service districts. Cities should be allowed to finance the types of im- proventents listed bt M.S. 429.021 (relating to the construction, replacement, and maintenance of such things as streets, sidewalks, gutters, storm and sanitary sewers, waterworks systems, street lights, and public malls, parking or courtyards). Both ser- vice charges and ad valorem property taxes should be available to finance services or capital improve- ments in the district. Recent court decisions concerning special as- sessments have made it more difficult for cities to use special assessments to finance public services and improvements. The Minnesota Supreme Court has interpreted the state Constitution to require not only that a special assessment project ~specially benefit' affected parcels of property, but also that the city be able to prove that the market value of a property will increase in direct relation to the amount of the special assessment applied to that property. This interpretation has created particular problems for several important city functions. First, it is more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to'newly built improvements. This hinders cities from meeting the widely recog- nized need for maintenance of the existing public infrastructure. Second, cities' ability to finance annual operat- ing and maintenance costs of some services to property through the use of special service charges is either unclear or non-existent under current law. The only current financing alternative to special assessments or service charges is the general property tax. But it may not be desirable to use the general property tax to finance some capital or operating expenses. For example, if a road is used almost exclusively by people living in one corner of a city, it may be bad public policy to re- quire the cost of replacing that road to be borne by all the property in the city. This is especially true if the property in the rest of the city has al- ready been assessed for similar improvements. Or, if the central business district or mall of a city benefits from more frequent snowplowing or street cleaning, better lighting, etc. it may not be good policy to have all the city taxpayers share in those expenses. DS-6. Housing (B) The League of Minnesota Cities supports legisla- tion that preserves and improves the financing tools available to cities for the construction and rehabilitation of housing. Federal tax reform legislation as well as sub- stantial cuts in HUD housing programs have dealt a severe blow to many cities' housing efforts. State legislation preserving existing tools such as tax ex- empt finance, interest rate write down, and taxable options in tax increment and revenue bonding are more important than ever. In addition, new state legislation providing cities with new resources must be considered. The Ur- ban Revitalization Action Program is an example of the new city/state partnership in housing that has. a state-wide potential. Cities recognize that incentives for the construction and rehabilitation of housing form a vital part of city redevelopment efforts and serve the housing needs of its citizens, especially those of low and moderate incomes. The League also supports new legislation which includes specialized opportunities for small com- munities to participate in state housing and development programs. The League, in general, supports amendments to Chapter 462C, necessary to further assist cities in using housing revenue bond programs, both as a redevelopment tool and as a way to provide housing for lowand moderate-income households. -3- As for the Minnesota Housing Finance Agency (MHFA) program, funds should be targeted to cities in a manner consistent with local plans and programs. The MHFA should continue to improve its procedure whereby representatives of a diverse group of cities, chosen in consultation with the League, can participate in targeting funds to cities. DS-7. Economic Development Funds (B) The League supports legislation authorizing cities to use general funds or bond proceeds to es- tablish funds for the promotion of economic development activities within the city. Recently, cities have sought special legislation to establish special funds intended to be used to promote economic growth within their com- munities. These 'capital seed funds' are financed either through general fund monies or general obligation bond proceeds. Cities have used them for the purposes of making grants, loans, and other development activities. DS-8. Tax-Exempt Status of Land Held by Cities for Development (C) The League.supports granting unlimited tax- exempt status to property held 'by cities and their political subdivisions for later resale to promote economic development. Up until recently, almost all property owned by political subdivisions was granted tax-exempt status. In 1979, the Legislature changed the law to provide that property held by a political subdivi- sion of the state for later resale for economic development purposes would be considered a public purpose, and therefore tax-exempt for a maximum period of three years. In 1984, the legis- lature revised the statute, providing tax-exempt status for a period of eight years in most situations and granting an exemption for an unlimited period of years if the property is held for housing programs or is classified as "blighted landN under state law. The 1984 law provides that the property will be taxable if the proper.ty is acquired for economic development purposes, and building or other im- provements are constructed after acquisition of the property, and if more than one-half of the floor space of the buildings or improvements available for lease to or use by a private individual, corpora- tion, or other entity is leased to, or otherwise used by, a private individual, corporation, or other en- tity. The overall intent of the statute is to create an incentive for political subdivisions to engage in economic development activities, as well as to promote moving the property back onto the tax rolls. Unfortunately, it does not fully recognize that the process of developing industrial and economic growth, rehabilitating, or building housing may extend over a long period of time. The uncertainty caused by the vague provision on improvements and leasing of one-half of the property discourages cities from being active in es- tablishing and maintaining local development cor- porations, from retaining as much control as pos- sible over their economic development and planning process, and from being selective as to the type of development which may occur in the city. Cities have every incentive to get property back on the tax rolls as soon as possible. Therefore, the League recommends that the provision concerning one-half installation of improvements be deleted or at the very least clarified, and that the eight- year limit on tax-exempt status be removed. DS-9. Small Cities Community Development Block Grant Program (C) The League supports the state's continued ad- ministration of the Small Cities portion of the Community Development Block Grant (CDBG} program. The League also supports the continua- tion of the set-aside of federal funds for economic development grants and augmented state appropria- tions to supplement the federal funds set-aside. The League discourages any legislative attempt to deal statutorily with complex, specific program criteria that are best handled administratively. The Small Cities CDBG program should con- tinue as a source of funding which encourages cities .to develop viable communities by providing decent housing and suitable living environments and expanding economic opportunities, principally for purposes of lowand moderate-income, in com- pliance with congressional intent. The state should maintain the CDBG program balance between cities' economic development needs and the needs of lowand moderate-income people. Cities should retain maximum flexibility in determining how to carry out CDBG program objectives. Elections and Ethics EE-1. Uniform Local Government Election Day (B) The League opposes the designation of a uniform local government election day. Home rule charter cities currently have the au- thority, through their charters, to designate when they want to hold their local elections. Statutory cities may establish either an odd or even yea? November election date. Decisions affecting only local units of govern- ment should be made at the local level unless an overriding state interest can be demonstrated. The League believes that there is no statewide neces- sity to provide for a uniform local government election day. However, if the Legislature enacts a uniform local government election day, the follow- ing features must be included: 1. Home rule charter cities should retain the option of set. ting their own election date; Municipal primary elections should con- tinue to be optional; All direct costs of state-mandated changes and additions to present city election duties should be paid by the state; e Decisions to combine school district elec- tions and municipal elections should remain with local cities and school dis- tricts; and Statutory cities should retain the option of choosing the odd or even year for their elections. EE-2. Campaign and Finance Disclosure (B) The League supports legislation which would simplify the election process so that it would en- courage rather than discourage candidates for local office. Distinctions l~etween types of campaign committees and reporting requirements should be eliminated. The League opposes any state-mandated requirement of candidates for city office to file statements of economic interest. 4'- The League supports the current laws re- quiring reporting of campaign expendi- tures in cities over 20,000 population. The League opposes the requirement for smaller cities. o To the extent permitted by the state and federal Constitutions, individuals who ac- tively seek to influence the nomination, election, or defeat of a candidate or ballot question through the expenditure of their personal funds, or funds they solicit, should be required to make reports to the same extent as corporations, associations, or persons working together. Write-in candidates should be required to report campaign expenditures in the same manner as other candidates. 6. The League opposes campaign contribu- tion limits for municipal elections. EE-3. Voting Equipment (B) The League supports present law permitting a city the option of selecting which state-approved equip- ment it determines will best suit its needs and op- poses any state-mandated system of voting equip- ment. Cities' investment in voting equipment should be protected. Certification of equipment should be thorough and provide an assurance to cities that the equipment will be usable for a long period of time. The League opposes state-mandated changes to election law that are of no benefit to city elections, makes equipment obsolete, costly to retrofit, or difficult to administer. EE-4. Election Day Registration and Administrative Improvements (B) The League supports voter registration prior to election day and encourages legislation to improve the current system of voter registration. The following steps would improve the current system: Election day registration and voting should be permitted, but not mandated, to take place in adjacent rooms; -5- Require public entities to make available usable, adequate and appropriate facilities for polling places. Polling places should be subject to the approval of the election ad- ministrator; Certain penalties for election day infrac- tions are so severe that they constitute a barrier to effective enforcement of the law. The League recommends that the laws be reviewed and modified where necessary so that the laws can be effectively enforced; 4. Permitting election judges to sign ballots prior to sending out absentee ballots; o Write-in candidates with less than five per- cent of the total vote cast would need not be listed on election returns; and o The League supports clarification of ab- sentee voting ballot requirements to assure that all ballots are available according to statutory requirements. EE-$. Conflict of Interest/Incompatibility of Offices (B) The League supports an in-depth study of state law as it relates to official conflict of interest and incompatible offices in order to offer amendments to the state legislature. City officials work hard at maintaining the public's trust and confidence. Avoiding conflict of interest is critical to the public's perception of good government. Because of the importance of conflict of inter- est, city officials want time to study this issue in order to offer their recommendations to the legis- lature during the next session. EE-6. Recall of Local Elected Officials (B) The League opposes state-mandated recall of city elected officials. Extending recall to all local governments is in- appropriate and unnecessary because: 1. It is of limited usefulness under the Con- stitution; and It is already available to any city whose citizens want to have recall provisions in the charter; and Existing statutes providing that an office is vacated when the office holder is convicted of a serious crime serves much the same purpose. The Minnesota Supreme Court has held that recall is a form of removal from office. Since the Minnesota Constitution provides that officers can be removed only for malfeasance or non-feasanee, recall can therefore only be used in those in- stances. All cities have the option of adopting a charter, and including recall provisions in their charter. About one half of the charter cities have done so. Because of the constitutional restrictions, however, recall is very seldom used. Further, where elected officials have been con- victed of serious wrong-doing while in office, cities have been successful in declaring the office to be vacant under M.S. 351..02. EE-7. Initiative and Referendum (B) The League opposes state-imposed initiative and referendum legislation. The current system clearly works. Where the citizens want initiative and/or referendum, they can provide for it and can tailor it to their needs. The legislature should not take it upon itself to im- pose initiative and referendum on cities where voters have not chosen to do so. Nor should the legislature force cities which already have adopted initiative and referendum to conform to a single procedure which may not suit the individual city's particular needs and the desires of its citizens. Initiative and referendum are already available to any city whose citizens desire those powers. Voters of any city can choose to adopt a charter and to include in that charter provisions for initia- tive and referendum. Of Minnesota's 855 cities, 108 have adopted charters. About two-thirds of those charters provide for initiative and referendum. Those charters also vary in the procedures specified. For example, how many voters must sign a petition in order to force an initiative or referendum on an ordinance. EE-8. Mail-in Balloting (B) The League supports mail-in ballotbtg for non- candidate elections and encourages the legislature to make the process available to all cities. ' 6 '. Mail-in balloting has been successfully con. ducted in several states and experimental mail-in elections have been successful in Minnesota. The all-mail balloting has shown an increased voter participation as well as cost savings. The legislature is encouraged to make the mail- in balloting process available for special, non- candidate elections for municipal and school dis- trict elections. The League encourages the legislature not to ex- tend mail elections to candidates. In addition, w~ encourage rules to include safeguards for secrecy, simplicity, and provisions for voters to return their ballots either by mail or in person to the election office. EE-9. Optional Poll Hours (C) The League opposes current law that mandates all cities, regardless of their size, to have their polls open 7:00 a.m. to 8:00 p.m. for state elections. Prior to 1983, cities under 1,000 population located outside the,metropolitan area could, by resolution, fLx the poll hours no later than 9:00 a.m. for a state general election and no later than 5:00 p.m. for a state primary. This flexibility would reduce costs to very small cities. The League also supports legislation for municipalities to set their polling hours by referen- dum. EE-10. City Election Campaigns (C) The League supports extending income tax credits or deductions for contributions to city election campaigns. Candidates should be encouraged to seek broader backing from constituents. Extending in- come tax credits or permitting deductions by using criteria for state deductions should be permitted for city election campaigns. General Legislation and Personnel GLP-1. Veterans' Preference (A) L The League recommends that the legislature amend the Veterans' Preference Act to provide that a veteran must select one and only one hearing procedure rather than be able to re- quest both a veterans' preference hearing and a grievance procedure under a collective bar- gaining agreement. Current statutes entitle a veteran to at least two different hearing procedures to challenge any dis- ciplinary action. This is not only grossly inefficient but may also be unworkable, since the standards for court review of the decisions of veterans' preference boards and grievance arbitrators vary significantly. The Minnesota Supreme Court, in a recent deci- sion, also has indicated to the legislature that these statutes need to be amended. The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment, pending the hearing when the veteran does not request a hearing within 10 days or when an impartial hearing body determines that the dismissal was for just cause. The League supports legislation providing specific time lines to be followed by employers and employees in the veterans' preference dis- cipline or dismissal process, so that an employee must provide notice of their intent to 'appeal within 10 days and the hearing process would be required to be completed no later than 90 days following a proposed dis- ciplinary or dismissal action. Currently an employee has 60 days from the date of the employer's notice of discipline or dismissal to request a hearing. If a hearing is requested, there are no time lines for holding hearings or ren- dering decisions. Under this current system, a termination deci- sion can, and has, taken more than a year, during which the employee receives full pay and benefits. The result is extremely costly to cities, particularly small cities, which often must hire replacement workers for this period. The League's proposal to provide a more expedited process would not in- fringe on the employee's right to a hearing, but would ensure a more efficient and cost-effective procedure. GLP-2. Minnesota Public Employment Labor Relations Act (PELRA) (A) The League recommends that legislation be enacted that gives public employers the option of either requesting arbitration within a specific time or allowing essential employees to legally strike. Cities in Minnesota are very diverse in their public employment practices. Their ability to deal with employee strikes also varies greatly. The his- tory of bargaining in the public sector has indi- cated that if properly prepared for, even strikes by ~essential employees~ may not unduly threaten public health and safety. In contrast, the prohibi- tion of the right to strike has forced undue reliance on arbitration, which usually has resulted in large compensation awards to essential employees. For these reasons, the League recommends that legislation be enacted that gives public employers the option of either requesting arbitration within a specific time or allowing essential employees to legally strike. Further, the League opposes any other employee groups to be defined as essential employees. 2. The League recommends that the legislature reinstate the previous definition of employees covered by PELRA to persons employed for more than 100 days in a calendar year. The 1983 Legislature reduced the time period that part-time employees must be employed before they are considered employees covered by PE.LRA. This has resulted in higher wages for some part- time employees, and more Significantly, has resulted in cities hiring fewer part:time employees. Additionally, many employees who view their work as temporary or transitory in na- ture, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Experience with the law over the last two years has indicated general dissatisfaction with the law by every affected party except unions representing primarily full-time employees. The League opposes any changes in PELRA which would permit public employees to refuse to cross the picket lines of other city employees, or would change the definition of supervisory or confidential employees. Supervisors of public employees should have their management role acknowledged, and con- tinue to have their status limited so they may meet and confer. In no event should supervisory or con- fidential employees be represented by an employee organization which represents the employees they supervise. Further limitation of the definition of supervisory personnel would mean that in cities, except city manager cities, no employees could be -7- considered to be supervisory employees for pur- poses of PELRA. GLP-3. Open Meetings (B) The League recommends that the Open Meeting Law be amended to conform to the Data Practices Act. City officials strongly support the basic premise of the Open Meeting Law--to assure the public's right to be informed about the conduct of public business. Experience with this law since 1974, however, indicates clearly that there are areas where the legislation should be amended in the public interest. The League believes the most im- portant instance where the public interest would be better served by permitting a local governing body to meet in executive or closed session, is when information classified by the state data prac- tices act must be discussed. These instances include certain discussions relating to employees "hiring" interviews, annual reviews, and discipline or discharge discussions. These situations under current law often require the council to choose between violating either the Open Meeting Law or the Data Practices Act. A specific exception to the open meeting law shoUld be provided for discussions of protected data. Additionally, the League opposes any legislative attempt to alter the recent court ruling that the Open Meeting Law applies only to meetings where a quorum of the governing body or its established committees is present. The ruling clarified the law which was'often viewed as applying to any meeting between two office holders. Limiting the applica- tion of the law to gatherings of a quorum or more is a common sense approach to implementing the statute and should not be altered. GLP,4. Tort Liability and Insurance (B) The League supports legislation reducing the ex- posure of cities to civil lawsuits without unduly restricting an injured party from recovering com- pensation from negligent individuals and also supports actions ensuring the availability and af- fordabi!ity of insurance coverage for cities. While many debate whether there has been an "explosion," it is fairly well established that the growth of tort litigation over the past several years has resulted in increasing liability for governmen- tal entities, private businesses, and individual citizens. Additionally, business practices of in- surance companies have played a significant role in insurance pricing. The League supports reasonable reforms addressing both sides of the liability insurance issue. The Municipal Tort Liability Act was enacted in 1963 to protect the public treasury, while giving citizens relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity with its inconsistent and irra- tional distinctions between governmental and proprietary activities. The Act has served that pur- pose well in the past. However, courts frequently forget or ignore the positive benefits secured to citizens as a result of the Act, which includes liability exceptions and limitations. The special vulnerability of far-flung govern- ment operations tO debilitating tort suits continues to require the existence of a tort claims act, ap- plicable to local governments as well as the state. The League recommends: Continuing our system of clearly defining and limiting the scope of public liability through legislation; Modif3,ing state laws providing for punitive damages. Punitive damages, intended to punish and deter egregious conduct, have not been effective because the standards of applicability have been too vague. The League does not oppose the total elimina- tion of punitive damages, but would prefer that the Legislature specify that punitive damages may be awarded only when the conduct involved manifests malicious and flagrant indifference to safety, and place monetary limits on such awards; and Eliminating joint and several liability ex- cept in limited circumstances. The fault- based system of damage awards has ap- parently eroded. In order to facilitate the return to a fault-based system, joint liability should be abolished in cases where defendants have not acted in concert, and a modified-comparative fault system should be uged to evaluate the actions of other persons involved with the injury and assess damages, only in proportion to the amount of each person's fault. At the very least, the legislature should retain the 1986 modification to the comparative fault statute that eliminates joint liability for governmental defendants when they are less than 35 percent at fault. In order to protect any enacted legislation from constitutional equal protection chal- lenge, the legislature should establish ra- tionals defining the problem being addressed and the intent of the legislature. GLP-5. Mandates (B) The League opposes any additional mandates un- less the legislature provides adequate revenue sources to implement the law. One of the most serious problems facing cities is the' growth in the number and cost of federal- and state-mandated programs, which substitute the judgments of Congress and the State Legislature for local budget priorities. Recent examples of costly mandated programs include comparable worth, employee right to know, legal compliance audits, and newspaper publications. Special bills to address this problem on an ad hoc basis have not provided a permanent or statewide solution to these problems. The League therefore supports the continuation and improvement of legislation which requires the state to adopt a policy of deliberate restraint on its mandated programs. This includes providing a mandatory fiscal note identifying local government costs on any new mandated programs when they are introduced in the legislature, and a statement of compelling statewide interest to accompany all state mandates. The League further supports the recently adopted Governor's Advisory Council on State and Local Relations recommended guidelines for mandating for the legislative and executive branches. Revenues or alternative revenue producing mechanisms, other than the general property tax subject to levy limits, must accompany new man- dates. Also, the legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. GLP-6. Purchasing Authority of Plan B Managers (B) The League supports changing the purchasing au- thority of city managers in Plan B cities from $1,000 to conform to the figures in the Uniform Municipal Contracting Law. IttO -9- Currently the law allows Plan B city managers to make purchases under $1,000 without council approval. This provision has not been changed for many years and inflation has seriously eroded the utility of the provision. The law should be amended to increase the figure to the dollar amounts in the Uniform Municipal Contracting Law which allows purchases under $15,000 to be made relatively easily. GLP-7. Government Training Service Funding (B) The League supports continued state financial funding for the Government Training Service. The Government Training Service (GTS) has been invaluable in maximizing training oppor- tunities while minimizing training costs for local government officials and staff over the past ten years. Both the need and the demand for services are greater than ever during these times of tight budgets. GTS continues to respond on behalf of all local jurisdictions in Minnesota by developing innova- tive, low-cost alternatives and exploring cost- effective deliver_y systems. The legislature should continue state financial support for. GTS. GLP-8. Public Employees Retirement Association (PERA) Benefits, Financing, and Administration (B) The following principles should govern any changes the Legislature makes in Public Employees Retirement Association (PERA) and the other statewide pension plans. The League of Minnesota Cities opposes modification of the *high five' formula. The adoption in 1973 of the ~high five year~ benefit formula for PERA has provided very adequate pension benefits for career municipal employees. Further shortening of the averaging period would create windfalls for some PERA members and multiply opportunities for manipula- tion of service and salaries to maximize pension ben~fits without proportional contributions to the fund. Any increases in PERA benefits should be granted only to the extent that proposed contributions and current reserves are sufficient to fully fund the in- creases in the opinion of one or more recognized pension actuaries who are in- dependent of the PERA organization. Any benefit increase or contribution reductions permitted by excess reserves or excessive current contributions or com- binations of .thc two should be of such amounts as to benefit thc employer and employee equally as a percentage of over- all employee salary. PERA should not be authorized to create any additional health care plans for retired employees. However, direct transfer of premiums from PERA to the Minnesota Comprehensive Health Association or the new statewide insurance plan should be authorized at the request of any PERA member from the member's own account. The present PERA retirement system in effect provides a cafeteria plan approach to retirement benefits. Those who need a spousal retirement annuity or life in- surance coverage can purchase these benefits from PERA, accepting ac- tuarially reduced primary retirement benefits. Retirees who are not eliglble to remain in the group health insurance plan of the local unit from which they are retir- ing, can always use their retirement funds to the extent they are adequate to buy health coverage through the Minnesota Comprehensive Health Association or the statewide insurance plan when it is created, for persons that are 65 years of age and less. Persons 65 and over without automatic medicare coverage can buy that coverage at reasonable cost. Legislation creating new, specially · benefitted classes of employees, as in the case of the newly created correctional employees plan, should not be' imple- mented because other groups of employees can make equally compelling arguments for inclusion. If any increase in benefits is enacted for pre-1973 retirees, the resulting costs should not be paid from the PERA fund, but rather should be financed by a direct appropriation from the state general fund. The LMC supports the continuation of the Minnesota post-retirement investment fund as a means of providing post- retirement increases in the pension - l0 - o benefits of retirees under the statewide pension funds. 10. No money or funding should be trans- ferred directly or indirectly from PERA to less well-funded plans. Since integra- tion of pension fund administration mechanisms, or subjection of all funds to the authority of a commissioner within the state executive branch may lead to combining the funds, the LMC opposes any move toward the combinination 6f administration of the three statewlde pension programs. PERA funding should not be put in jeopardy by refund of employer contributions upon privatiza- tion or disolusion of an employing unit. The legislature should amend the present provision on disbursement of the two per- cent tax provision on automobile casualty insurance to allow expenditures by the recipient political subdivision of any excess over the employer's share of police retirement costs for any police depart- ment purpose, instead of requiring pay- ment to the PERA police and fire fund. Since the PERA police and fire fund has now essentially achieved full funding, employers' and employees' contributions should be reduced to an amount sufficient to pay normal costs. Furthermore, the employer (taxpayers) through payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension purposes. Individual local police and fire relief as- sociations, with city consent, should be al- lowed to merge into the PERA police and fire funds only under the uniform policy enacted at the 1987 session. The League opposes any change in the PERA Rule of 90 or the current early- retirement reduction factor. PERA is the only statewide pension fund with mem- bers eligible for the Rule of 90 and with a one-fourth percent pension reduction per month under age 65 early-retirement reduction factor. Members have provided substantial service in reliance on these beneficial and supposed permanent fund features. GLP-9. Local Government Pay Equity Act (B) The League opposes legislative proposals to im- pose penalties for failure to implement the studies. Penalties would be premature and cities should be provided with sufficient time to implement their studies. The League also supports legislation requiring arbitrators to consider and comment on the results of the employer's pay equity study, and other legis- lation ensuring the ability of cities to maintain the equitable compensation relationships required to be implemented by the local government pay equity act. The 1984 Legislature required all local units of government to conduct job evaluation studies and to implement those studies in order to remedy sex- based differentials in compensation. Cities have expended a great deal of staff time and money in undertaking the studies and seeking to implement .the s.tudies. It has proven to be a complicated and expensive process. The primary issue facing cities, aside from fund- ing the implementation, is ensuring the imple- mented studies can be maintained. In negotiations and settlements with most employees, the govern- ing body is ultimately responsible for the com- pensation provided to employees. If the governing body, through a settlement with a particular employee class, creates inequity as defined by the statute, it will be responsible for that inequity and ultimately will have to increase or freeze com- pensation until equity is once again achieved. This is not the case with essential employees or- ganized under the Public Employment Labor Relations Act. These employees, to the extent that agreement with the local government cannot be at- tained, have their compensation established through mandatory binding arbitration. The end result of the interplay between these statutes could be that the overall level of compensation for all employees, not just essential employees, will be set not by the local elected officials required to raise the revenues to pay for employees' compensation, but rather by arbitrators. The League strongly opposes any legislation which has the effect of promoting this result, strongly opposes legislation which excludes police, fire, and other essential employees from the pay equity act, and supports legislation which ensures that local officials charged with setting property tax levels also set local government employee com- pensation levels. GLP-10. Time and Distance Residency Requirements (B) The League supports legislation allowing cities in the metropolitan area to enact reasonable area and response time restrictions if there is a demonstrated job necessity for certain employees to reside close to the city. In recent years the legislature has limited the au- thority of cities and other local units of govern- ment to impose residency requirements for their employees. The legislature has recognized, however, the need for insuring the ability of cer- tain employees to be available to respond to emer- gency situations. In 1984, in the same bill which prohibited non- metropolitan cities from enacting blanket residency requirements, the legislature specifically allowed non-metropolitan cities to enact reasonable area and response time restrictions if there were demonstrated job necessities for employees to reside close to the city. Unfortunate- ly, a drafting error prohibited metropolitan cities from enacting these restrictions'. In 1985, the legis- lature acted to allow metropolitan Communities .to impose reasonable time and distance requirements for volunteer firefighters. The result of the 1984 and 1985 legislative ac- tions is a situation where metropolitan com- munities still cannot impose reasonable time and distance requirements for their police officers, paid firefighters, or any employee, with the excep- tion of volunteer firefighters. The League recommends that the legislature grant metropolitan cities the same authority granted non-metropolitan cities to impose reasonable time and distance requirements where the city can show a demonstrated job-related necessity. Because these requirements must pass this difficult test and directly affect the public safety of the community, these requirements should, under no circumstances, be considered as mandatory subjects of collective bargaining. GLP-11. One Class of Beer~ine In Grocery Store (B) The League opposes the establishment of one class of beer and the off-sale of wine in other than liquor stores. - 11- The establishment of one class of beer in Minn- esota would cause substantial problems in controll- ing the sale of beer in filling stations, grocery stores, drug stores, and elsewhere where 3.2 beer is presently sold. Also, 3.2 on-sale establishments would be selling strong beer in competition with on-sale liquor establishments and municipal liquor stores. GLP-12. Firefighter Certification (B) The League opposes any state-imposed voluntary or mandatory firefighter certification programs, but supports the availability of technical and financial assistance from the state for local or regional train- ing programs. Recent proposals to establish a state profes- sional qualifications board charged with certifying both voluntary and full-time firefighters, are un- necessary to assure proper training of local firefighters and could too easily be changed into mandatory certifications programs. The League supports efforts by the state to make training programs more readily available for local firefighters as well as financial assistance by the state to encourage local governments to provide additional training for firefighters. GLP-13. Military Leaves (B) The League recommends that the statutes be amended to provide that when an employee is tem- porarily absent because of short-term military ser- vice, the employer pay only the difference between military pay and the public pay, rather than the full public salary. Under current law (M.S. 192.26 and 192.261) a city employee, as well as other public employees, is entitled to leave with full pay and accrual of seniority status and other benefits for all the time the employee is engaged in short-term (15 days or less) military service while receiving full military pay. Cities, particularly those which must hire part-time replacement employees when others take military leave, suffer a significant financial hardship not shared by private sector employers who arc not required to provide short-term paid military leaves. Public employees should only be required to pay the difference between the employees military pay and their regular wage for this 15 day period. Any longer leave period should be without pay and the accrual of Seniority and other benefits should be suspended for military leaves beyond 30 days. Cur- rent law which provides for mandatory leaves and reinstatement after wars, &dared emergencies, active duty training, and duty training should be changed to provide for mandatory leaves and reinstatement only after wars and declared emer- gencies. Employees should not be entitled to leave and be reinstated for active or inactive training duty. GLP-14. Workers' Compensation (C) The League supports the elimination of the presumption that heart and lung ailments of police and fire personnel arise from their employment, if the employee has been an active smoker within the two years prior to the onset of the heart or lung aihnent. Existing workers' compensation statutes create a presumption that heart and lung ailments of police and fire personnel arise from employment. However, personal risk factors, such as smoking, can be more significant in some cases than job- related factors. For this reason, the League sup- ports limiting the presumption to cases where the employee can demonstrate limited personal risk factors. GLP-15. Modifications to the State ' Building Code (C) The League supports the current ability of non- metropolitan cities, counties, and towns to opt-out of the inspection and enforcement responsibilities mandated by the State Building Code. GLP-16. Social Investing (C) Without each employee's consent to other priorities, public employee pension funds should be invested solely for the purpose of maximizing invest- ment return. Investment management responsibility for public employee pension reserves should be removed from the state Board of Investment and lodged in a politically independent board the mem- bership of which is limited to persons qualified to manage investment i~ortfolios for large pension programs. GLP-17. Emergency Medical Services (C) The League supports the current statutory mini- mum requirements for ambulance vehicles, equip- ment, and at. tendants' training but opposes any ad- - 12- ditional reqUirements unless the state provides ade- quate funding or funding sources. Cities as a group are the single largest provider of ambulance services in the state and form a vital p, art of the network of emergency services. To maintain and improve the emergency services net- work for all residents of the state, the legislature must provide funding for training and equipping emergency medical personnel. State grants and aids should be available to enable all cities to have access to adequate emergency medical services. Additionally, with the increasing interest in paramedic services, the legislature should assist in providing easily accessible training on a statewide basis at minimum cost in order to meet ap- propriate qualifications. GLP-18. Towing of Abandoned Vehicles (C) The League supports legislation clarifying the au- thority of cities to impound abandoned motor vehicles. Minnesota Statutes 465.75 prohibits a private vehicle tower from removing a motor vehicle from private 'property unless he has the permission of the owner of the vehicle or of the owner of the property. While this statute intended to prohibit hawkish towing companies from improper towing practices is laudable, the ramifications of the law go too far. Cities are authorized to impound abandoned motor vehicles and Minnesota Statutes 168B.04 provides a detailed process to accomplish the removal of health hazards and eyesores. Unfor- tunately, the recent legislative act could be con- strued to prohibit cities from utilizing private towers to remove and impound abandoned or junked automobiles. Cities could be forced to use its own employees and equipment because it is not ~in the business of towing.N The law should be amended by adding an exclusion for private towers who act at the direc- tion of a city following the procedures prescribed in Minnesota law. GLP-19. Joint Powers Act (C) The League supports efforts to study the current Minnesota Joint Powers Act and recommends that the legislature refrain from enacting any ma]or changes to the act, prior to completion of such a study. In conducting a review of the current act, the League urges the Governor's Advisory Council on State-Local Relations or the Legislature to con- sider the policy behind establishing such boards and the need to encourage cooperation between governmental units. The main goal of the study should be to encourage the use and establishment of joint power boards. GLP-20. Cable Communications (C) The League supports continuation of the existing Minnesota Statutes Chapter 238. Cities in Minnesota enjoy among the most modern and technically sound cable communica- tions systems in the world, due to strong partner- ships and commitments among cable operators and federal, state, and local governments. These relationships are defined at the federal level by the Cable Communications Policy Act of 1984, at the state level by Minnesota Statutes Chapter 238, and at the local level by local cable franchise or- dinances. In 1985, 'the Minnesota Legislature abolished the Minnesota Cable Communications Board, an ap- pointed body of the Department of Administra- tion which promulgated and enforced' Minnesota Statutes Chapter 238 and its accompanying rules. This legislation codified some previously existing board rules into statutory form~and reassigned responsibility for the enforcement of Minnesota Statutes Chapter 238 from the board to the com- missioner of commerce. Minnesota Statutes Chapter 238, in its present form, is very important to local governments be- cause it protects cities rights to enforce local stan- dards and cable operator commitments for techni- cal, construction, and programming performance. No changes should be made to Minnesota Statutes Chapter 238 until a thorough and coopera- tive effort involving local and state government and cable operators is completed. Such an effort should include analysis of present federal and state law and contemporaneous judicial and business en- vironments. GLP-21. State Licensing of Contractors (C) The League opposes the state's takeover of trade contractor licensing. Licensing of general trade contractors and various other activities has long been a local - 13- prerogative, and the mechanism for license review, ~ssuance, and enforcement is already in place. The primary reason that local licensing has been sue- cessful and therefore maintained at the local level is that inspection and enforcement personnel reside at thc local !¢v¢1, know thc area and ac- tivities, and arc familiar with local ordinance and restrictions, thus providing better and faster en- forcement. Suggestions have been made to form a statewide licensing authority and split the revenue among the licensing agency and various municipalities with the cities maintaining enforcement tasks. It is questionable under this arrangement if either the agency or municipalities would have enough funds to accomplish the respective tasks. The current proposals seem to overly complicate the existing system which is effectively regulating the contrac- tors and may result in a reduction of small con- tractors who operate in only a limited number of communities. Land Use, Energy, Environment, and Transportation LUEET-1. Wastewater 'IYeatment (A) The League supports continued state and federal assistance, and alternative programs, which provide financing for wastewater treatment construction projects. Clean water is vitally important to the citizens of this country and particularly to residents and visitors of Minnesota. Minnesota's cities remain committed to improving water quality. Unfor- tunately, the costs involved in providing cleaner water are staggering. Because of the incredible cost, it must be recognized that it is economically impractical to immediately eliminate wastewater pollution. Therefore, all levels of government must take a reasonably balanced approach to solving the wastewater pollution problem. The ability of cities to comply with any clean water program must be recognized as contingent upon the availability of adequate funds for treat- ment facilities. Since 1978, federal funding for the wastewater treatment construction grant program has been cut in half. Additionally, the federal share of construction grants dropped from 75 to 55 percent in fiscal year 1985. The same budget constraints facing the federal government exist at the state and local level but to a greater degree due to a limited income base. The League sup- ported, and continues to support, state efforts to establish a stable funding program with 80 percent state/federal funding and 20 percent local funding. General funding to support this program is essen- tial, either from state bond's or general revenues. Equalization Efforts. Cities which received financial assistance between 1985 and 1987 were required to locally finance between 30 and 50 percent of construction costs. Cities receiving grants both before and after this period, received grants that allowed local financing to be no more than 20 percent 6f the project costs. Principles of fairness dic- tate that these grant recipients receive a small supplemental grant from the state to reduce the local share to 20 percent, thus equalizing the benefits among com- munities. The League also supports alternatives to grant programs. Revolving loan funds are acceptable financing alternatives to the ex- tent that grant programs are not suffi- ciently funded and the loan program is sup- plementary., to, and not a replacement for, grant programs. Any loan program should take into consideration varying local finan- cial capabilities. The League supports efforts to eliminate or minimize preliminary grant review processes. The construction grants should seek to encourage immediate construction with minimal prior review by the Minne- sota Pollution Control Agency and provide reimbursement to communities on the basis of proven performance in reducing pollutants in wastewater effluent. The program should be structured to the extent practical to avoid discouraging privatiza- tion and innovative treatment methods. The League supports a full review by the legislature of water quality permit fees and opposes the imposition of these fees on lo- cal units of government, to the extent that the actual state's costs can not be specifi- cally justified and only serve as an alterna- tive means for the state to raise revenue. If fees are determined to be properly im- posed on governmental units, the fees must be based solely on the cost of actually providing governmental services to the political subdivision, and private sector aI- ternatives should be made available to ensure minimal costs to local taxpayers. - t4- tq. The League opposes efforts by either the state or federal governments to institute enforcement actions or impose increased fees or charges against communities for failure to meet effluent standards while at the same time assigning these communities a low priority on the needs list for state and federal funding. LUEET-2. Land Use, Planning, and Annexation (A) The League supports selected amendments to the existing planning enabling statutes and opposes proposals that restrict cities' current substantive and procedural flexibility to address unique cir- cumstances. Minnesota's land use, planning, and annexation statutes and regulations are essential to promoting economic development, preserving environmental resources, and ensuring the efficient delivery of public services. Public policies which encourage substantial development in non-urban areas and which extend public services beyond existing juris- dictions and service areas are wasteful and counter-productive. Additionally, prime agricul- tural land is a major natural and economic ~eso6rce and the state must include as a major ob- jective, the preservation of prime agricultural land. Particular attention should be given to the problem of development and the delivery of governmental services to urbanizing fringe areas. State law should continue to encourage the preservation of prime agricultural land and dis- courage the development of such land outside designated growth areas to be served by a city. The League recommends: That state statutes regulating annexation be changed to make it easier for cities to annex developed or developing land, within unin- corporated areas designated as a growth area by the annexing city. It is unfair to city residents to have individuals avoid paying their fair share for municipal services provided by the city government by living in the fringe area around a city; and o That the statutes authorizing concurrent detachments and annexations be reviewed to determine whether it is appropriate for individuals to petition the municipal board to institute the statutory procedures. The - 15- League recommends providing for veto power over the landowner's petition by the affected cities. The Governor's Advisory Council On State- local Relations undertook a thorough review of the state's planning and zoning laws. The league par- ticipated in this study. A subcommittee of local elected officials was formed to review the recom- mendations developed by a technical committee, composed of planning officials from townships, cities, counties, regional development commissions and the state. Those recommendations have been collected in a report on land use legislation, and draft legislation has been prepared, with introduc- tion in the 1988 session probable. In general, the League supports those sections of the proposed legislation that preserve or provide flexibility for cities to plan and regulate land uses and opposes those sections of the law that limit a city's ability to tailor procedures and controls to meet local needs. Specifically, the League supports the following: Changing the requirement of undue hardship to a more reasonable standard. This w6uld loosen the current standard to reflect common practice in granting variances; and Requiring the adoption of a comprehensive plan in order to have zoning or other land use controls. The comprehensive plan can be used as a statement of goals, objectives, and policies, and present and proposed land use maps. Recent cases have called into question the common practice of passing ordinances without a supporting com- prehensive plan. Metropolitan cities have had this requirement for several years; and should continue to be covered by the Metropolitan Land Planning Act. Cities would have a five year grace period, after which failure to adopt a comprehensive plan would invalidate all official controls. The 1. League strongly opposes: Requiring the creation of a separate board of adjustment. This requirement would un- necessarily limit the authority of a city to establish a structure that meets its unique situation. In addition, smaller communities may find it difficult to recruit board mere- o bers. An intermediate appeal to the council should be allowed by ordinance; Prohibiting the practice of conditional zoning. Conditional zoning provides added flexibility and safeguards against changes in development proposals. Cities should be authorized to use conditional zoning at the discretion of the local government; Requiring that zoning controls be consis- tent with the comprehensive plan. The courts have used inconsistencies between the plan and ordinances that almost in- evitably result to compel rezonings. As a result, the legislature clarified that zoning ordinances will control in situations where uses in the two documents are not consis- tent. This apparently has solved the problem and should be retained; The fringe area growth proposal. This proposal would allow any single local government unit to force the creation of a joint advisory board to review existing con- trols that govern land within a quarter mile of the city boundaries and existing controls that govern land within two miles outside the city' limits. Any two of three local governments could force the creation of a joint planning board which would serve as a joint planning commission for the desig- nated area. Board recommendations would have to be acted on within 45 days by the governing units represented on the board. The-joint board should not have any ad- visory or other authority within the city boundaries since the purpose of the board is to evaluate existing controls and make recommendations on controls necessary to properly manage fringe area growth; and The language requiring the designation of a chief administrative officer is vaguely drafted and could lead to misunderstand- ings regarding the internal administrative structure in communities. The language should be clarified to state that municipalities must designate staff to administer the official controls, but not to imply that the individual(s) is the chief ad- ministrative officer of the community. LUEET-3. Transportation (A) The League supports legislative action providing an adequate and stable source of hlghway attd tran- sit funding. An efficient transportation system is a vital ele- ment in planning for the fiscal, economic, and so- cial development at state, regional, and local levels. Since the agricultural and recreational economy of the state and its cities are dependent upon highway transportation, it is necessary to. determine the long-range highway needs to assure the vitality of the state's economy. Furthermore, environmental concerns and the need to conserve energy require that alternate modes of transportation be utilized in meeting the diverse needs which-exist in various communities and regions of the state. Governor Perpich and other political leaders have listed the lack of an adequate transportation funding program as the single biggest failure of the 1987 Legislature. Funding inadequacy was al- most assured when the governor proposed suspending the transfer of the estimated $225 mil- lion generated by the motor vehicle excise tax (MVET) from the state's general fund tO the high- way and transit fund. The legislature 'agreed with the non-transfer of MVET and these MVET funds, along with an approximate $700 million dol- lar tax increase, used to balance the state's general fund. The Minnesota Department of Transportation recently cancelled approximately $90 million in proposed highway projects because of the shortage in road funds. Many of the projects were in greater Minnesota. Metropolitan projects were spared somewhat because many qualify for additional federal funds. Additional road funding is necessary. The ad- ministration has apparently abandoned as a pos- sible source the transfer of the MVET. Tied in with the funding issue are the issues of jurisdiction studies and turnbacks, and potential constitutional amendments regardin~g dedication of the motor vehicle excise tax to tlxe highway fund and the cur- rent allocation formula (62 percent to the state, 29 percent to the and 9 percent to cities over 5,000 population) for road funds. Jurisdictional studies that attempt to establish the level of use for particular roads (i .e. classify- ing roads as collectors, arterials, etc) will soon be completed. Some advocate the assignment of road maintenance responsibilities to the level of govern- ment that best matches the jurisdictional clas- sification of the road. The League recommends the following. The League supports the continued dedication of the sales tax on motor vehicle sales for transportation purposes, and advocates the prompt transfer of the motor vehicle excise tax into the highway user and transit assistance fund. The Legislature has made some effort to provide transportation funding recently by increasing license fees and the gasoline tax. The league opposes further increases in the gas tax at this time. o The League supports legislative efforts to establish a system of direct appropriations to cities under 5,000, either through a con- stitutional amendment modifying the 62- 29-9 formula, or out of the current 29 per- cent county share of the highway user funds, or at least to the extent that townships receive direct appropriations. Mandatory state guidelines concerning county use of road funds should be re- quired to insure that all communities within a county receive an equitable share of these funds at the very least. Further, the state should establish minimum county funding participation requirements for state and federal highway projects. As an alternative to increased state fund- ing, the possibility of reclassifying many roadways in the state as to appropriate use classifications and jurisdiction has been studied and proposed. The increased cost for cities to assume responsibility for general maintenance and life cycle treat- ment far exceeds the current financial capacities of cities. Rather than saving money, turnbacks merely make the property tax payer -- rather than the users -- responsible for financing highways. For these reasons, no wholesale program of highway turnbacks should be instituted at this time. Instead, . existing mechanisms for the orderly turnback of roads should be fine tuned, including increasing the level of funding in the municipal turnback account, and prohibiting unilateral revocations or turnbacks by road authorities unless a hearing is held and the road is brought up to its normal maintenance standards before the revoca- tion is effective. Other changes needed to facilitate turnbacks in- clude: ao State aid rules should be changed to allow counties to upgrade county state aid highways using c.s.a.h, funds prior to turnback with city concur- rence and without penalty as cur- rently imposed by the rules; The League supports use of a portion of the highway motor vehicle excise tax to provide an adequate source for turnback funds, and; Co The League supports allowing cities to determine if a turnback road will be designated as a state-aid road or local street, and if the city chooses to designate the road as a state-aid road, this designation should not affect the standard designation process, so that developing cities will be able to con- tinue to designate a percentage of new road growth as part of the state- aid system. The special state bonding program should be continued to provide funds for counties, towns, and cities for the replace- ment or repair of bridges. Mass transit funding should remain a priority for the state. Funding for the ex- isting level of operation for mass transit should be maintained at a fixed share for- mula for local governments. o The legislature should continue the Minn- esota Department of Transportation as the ride-share program coordinating agency, and to provide adequate funding for its contiriuation. The possibility and feasibility of utilizing existing railroad trackage as part of a fixed guideway and/or light rail mass transit system should be addressed. If ex- isting railroad trackage/right-of-way are petitioned for abandonment, these or - 17- portions thereof, should be preserved by appropriate government agencies through alternate public use, until rail systems once again become economically feasible or needed because of energy considera- tions. The legislature should restore the bikeway grants program in order to promote safety in a growing recreational activity. The League opposes legislation allowing truck tractor and trailer combinations of up to 110 feet on Minnesota highways due to the public entity and infrastructure cost problems caused by these trucks, such as off-tracking of rear wheels, acceleration distance needs, and time and distance re- quired for passing. 10. The legislature should authorize cities to establish, at their option, a road access charge to be levied on an area or per lot basis at the time the subdivisions are ap- proved, similar to park dedication fees, or on existing open lots when a building per- mit is issued. Growing communities are finding it increasingly difficult to finance construction of facilities needed for new residential, commercial, and in- dustrial development. Assessment to developing property for sewers and streets directly benefitting that property is a long standing legal option, and is the most prevalent method used. However, there are often major streets that need to be constructed leading to new developments. Under current law, only the abutting benefitted property can be assessed, and then only to the degree of benefit, which in most cases is not nearly enough to pay for an upgraded roadway that ser- vices a ·larger population. The legislature has recognized similar situations and authorized charges to provide facilities not directly abutting the affected property. The most common is park dedication fees on a per unit or areas basis. The MWCC sewer availability charge is another similar fee. LUEET-4. Solid and Hazardous Waste Management (B) The League supports state programs designed to rninimize or eliminate the need to landfill solid and hazardous waste. The problem of regulating, controlling, and dis- posing of solid and hazardous waste will be one of the major environmental issues of the next decade, both nationally and locally. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and issues raised by the League and local government, and we commend the legislature for its actions. The existing waste management and control sys- tem for the handling and disposal of hazardous materials centralizes responsibility at the state level, but requires the cooperation and support of all levels of government. The system established for solid waste is more diffuse, relying on cities to control and regulate collection, counties to reg- ulate or operate existing landfills, and the state to coordinate responsibilities and plan for future dis- posal needs. Both systems have been designed to foster and encourage abatement, recycling, and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. The system has not been entirely implemented yet, but it appears to be working, and therefore the League does not perceive a need for major changes to existing legislation at the present time. But any future legislation that may be considered should enhance and not diminish the emphasis on these concerns: Effective Planning. To the greatest extent possible, all levels and units of government and the private sector shouId be invoIved in all phases of planning and managing the solid and hazardous waste streams to as- sure a cost-efficient and environmentally sound solid waste and hazardous waste dis- posal system; Alternatives to Landfills. The League strongly endorses abatement, recycling, and resource recovery activities and programs to reduce the need for the land disposal of waste. The goal should be to reduce, to the maximum extent practicaI, the need for land disposal of unprocessed solid waste, and to totally avoid the land disposal of hazardous waste. The League would support the eventual prohibition of disposal of unprocessed solid waste in landfills, as cost-efficient and environmentally safe alternatives are developed and funding is provided to cities :- 18- /,/5 to implement their responsibilities. Man- datory funds financed by tipping fees are supported by the League if the funds derived from the fees are used to pay for closure and post-closure costs of landfills in the political jurisdiction where the fee is derived. Local control and management of these funds must be provided for in any financial assurance requirements. Additionally, the amount required to be raised locally should be set at a level that recognizes the financial stability of cities and the financing resources available to cities; Funding for Recycling, Reduction, and Abatement Efforts. The League supports alternatives to general taxes as sources of financing conservation efforts. These al- ternatives can include additional fees on landfill or disposal facility users, as well as state grants and loans. The legislature should continue to fund educational efforts on the subject of solid and hazardous waste disposal, including alternatives for the disposal of household hazardous waste, such as those promoted by the household hazardous waste reduction project~ Financial Incentives for Recycling. The League supports container deposit legisla- tion and other efforts to provide a financial incentive for individuals to recycle; Clean-up of Hazardous Substance Loca- tions. The clean-up and decontamination of existing hazardous waste sites should continue before there is further damage to public health and environment. If a responsible party can be identified, that party should be liable for clean-up costs and personal injury damages as defined in law. If a responsible party cannot be iden- tified, then the clean-up should be financed by the state superfund; Condemnation Awards. The League sup- ports legislation ensuring that condemna- tion awards to compensate for a taking of polluted land are adjusted to accurately reflect the fair market value of the land in its polluted condition, rather than its fair market value after pollutants are removed by the acquiring authority; and o Implementation of Federal Superfund Community Right-to-Know Provisions. Amendments to the federal superfund law requires individuals and businesses pos- sessing hazardous materials to report the size and nature of their inventories to state and local agencies. The new law and subsequent regulations have the potential for imposing significant costs on local governments. These additional costs and ad- ministrative burdens should be carefully monitored and efforts made to reduce the impact on cities, such as seeking to consolidate the report- ing, recordkeeping, and inspection requirements. Additionally, cities, as the likely first respondees to any incident, should be given priority in es- tablishing emergency response plans. LUEET-5. Ground and Surface Water Management (B) The League supports legislation establishing a framework and providing incentives for local governments to adopt programs or plans aimed at conserving Minnesota's ground and surface waters. In order to safeguard the public'health and the environment it is necessary to plan and manage our water resources as a valuable state resource. Many watershed districts, counties, cities, and towns have done a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost- effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems, instead of establishing a new system or creating new organizations. Local units of government should retain the basic responsibility for surface water manage- ment, as they are the level of government closest to the problem. In 1982, legislation required local governments in the metropolitan area to adopt sur- face water run off controls and regulations. In 1985, legislation encouraged similar steps to be taken in the non-metropolitan area of the state. Legislation passed in 1987 creating the Clean Water Partnership, will provide financial and technical assistance to local governments. These statutes should be given sufficient time to work, before additional programs or extensive changes to existing programs are enacted by the legislature. The possibility of intergovernmental conflict - 19- should be studied and dispute resolution mech- anisms should be re-evaluated. The legislature should provide additional funds to further encourage cities and other local govern- ments to undertake water planning activities. Spe- cial levies should also be made available to fund water management projects. LUEET-6. Pesticides and Other Hazardous Materials (B) The League supports legislation requiring local consent prior to state licensing of agricultural and industrial chemical storage and distribution centers and enablittg local units of government to regulate the intra-city transportation, storage, and applica- tion of pesticides and other hazardous materials. Individuals and governments at all levels are ex- periencing problems as a result of the use and transportation of pesticides, herbicides, and related chemicals by industry, farms, residences, and others. The public health and safety concerns raised by the use of pesticides and other chemicals must be addressed. In one recent Minnesota sur- vey, almost 30 percent of public water supplies and over 50 percent of private wells were found to be contaminat6d. The Department of Agriculture is required by current law to regulate the use and storage of agricultural chemicals and any local regulation in this area, with the exception of local licensing, penalty, and enforcement. This pre-emption of lo- cally established standards could lead to the grant- ing of licenses by the state, for operations which are a threat to the public health and safety of local communities. To protect against this eventuality, the Depart- ment of Agriculture should be required to obtain local consent prior to the licensing of any agricul- tural chemical storage or distribution center. Also, if the local government unit decides to regulate agricultural chemicals, state regulation should supplement, not pre-empt such regulation. The League encourages tighter regulation of agricultural chemical run-off from aerial spraying and ground application that may affect water quality, as well as research into the long-term ef- fects of the use of agricultural chemicals on the general population. LUEET-7. Eminent Domain Law (C) The League recommends that the legislature un- dertake a comprehensive study of the eminent domain statutes. The League believes the entire eminent domain process should be critically reviewed and stream- lined. This examination should include a re- evaluation of the advisability of an alternative sys- tem of review of condemnation awards. For example, a professional referee, a hearing ex- aminer, etc., rather than a court; using a profes- sional referee in lieu of three commissioners to es- tablish the value of the land; the public purposes for which the law may be used, including its use to encourage economic development; the difficulty posed by the existence of pollution on the con- demned property; and the legality and feasibility of collecting past property taxes on property in stances where the award is substantially in excess of the market value of the property for tax pur- poses. LUEET-8. Energy Conservation (C) The League supports legislation providing incen- tives for energy conservation in both the public and private sectors. Overall energy conservation strategies involving the public, private, commercial, and industrial sec- tors are being developed based on the rationale that conservation efforts achieve the greatest energy savings at the lowest cost. Much of these efforts are receiving valuable assistance from the state energy office. The League believes that a city's individual energy conservation strategy can be accomplished if the legislature permits or establishes some of the following measures: Conservation Efforts. The League recom- mends support of the use of bonding and special levies by local governments for im- plementation of energy conservation measures, including building energy audits. This authority would supplement the cur- rent municipal energy loan program. The legislature should also continue to en- courage private sector conservation through tax credits and other incentives and should explore the possibility of ex- panding incentives for earth-sheltered, super-insulated, and underground develop- ment. 151 District Heating. The League supports ef- forts to promote statewide applications of district heating technology, providing addi- tional funds or the ability to special levy for conducting district heating feasibility studies at the community level, ensuring consideration of district heating potential in the power plant siting process, and con- tinuing use of the State District Heating Bond Program for renovation of existing district heating systems. Energy Assistance. Rising energy costs will continue to place a burden on the economic vitality of communities in Minnesota. The League recommends: ao continuation of the fuel assistance program for low-income households, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participation in weatheriza- tion programs if the recipient is the owner; bo support for weatherization programs operated through cities, counties, and CAP agencies, and; continued support for the Minnesota Housing and Finance Agency's loan and grant program for home weat- herization. Local Regulatory Authority. Local govern- ments are in the best position to assess lo- cal needs and regulate energy consumption within their communities. The League recommends giving any municipality the option to adopt and enforce an energy code that may be more stringent than the state building code for purposes of energy con- servation. Revenue Sources RS-1. Property Tax Reform (A) In enacting changes in the Minnesota property tax system, including the cornplementary system of lo- cal government aid and school aids, the League recommends the legislature pursue policies which meet the following conditions. 1. The impact of the proposal should be thoroughly analyzed, not only for its impact statewide, but also for its effect on in- dividual communities, so that unfair and disparate effects on individual cities are avoided. 2. Major shifts that increase disparities in tax burdens among taxing jurisdictions should not occur. Differences in property tax bur- dens between neighboring tax jurisdictions which provide similar services must also be kept within reasonable limits. Such dis- parities interfere with cities' abilities to compete fairly for residents and economic development. All significant changes should be phased in so that cities can adequately plan for needed adjustments. Local government aid, or an equivalent program of sharing state revenue with cities, should remain an essential component of the property tax system. (See RS-2. Local Government Aid.) With respect to changes in the property tax ~tructure made by the 1987 Legislature, the League urges that: 1) the potential short and long term impacts caused by changes in the homestead credit program be thoroughly ex- amined before implemented; 2) tax lhifts created by reducing the number of clas- sifications be minimized; and 3) abrupt and large increases in commercialJindustrial property taxes should be avoided when the small business credit is eliminated in 1989. Property tax reform should not jeopardize existing development districts whose financ- ing is based on the current tax structure. Such districts are financially dependent on the mill rate and assessment ratios of the current tax structure. Any tax reform should recognize the cash flow and obligations of existing tax increment districts. The impact on enterprise zones must also be taken into account. Many significant changes in the property tax sys- tem, particularly i.n classification ratios and the homestead credit program, were made by the 1987 Legislature. Further changes may be considered during the 1988 session. For simplification, the 1987 Legislature con- densed current property tax classes into five main classes, effective for payable 1989. The League - 21 - believes it is important to minimize the abrupt changes that may occur in some local jurisdictions' tax bases as a result the reduction in classifica- tions. The 1987 Legislature also made fundamental changes in the homestead credit program, convert- ing the program from a homeowners' property tax credit to a grant program for local governments. The League is concerned that the new 'homestead credit replacement aid' program will sever the link between the amount of homestead credit received by homeowners and the reimbursements provided to local governments for revenues lost through the homestead exemption program. Under the new program, the total homestead credit shown on homeowners' tax bills will not equal the amount of homestead replacement aid going to local government units. In fact, if replacement aid to cities is cut, local levies will likely have to rise to make up for the lost aid. But this levy increase would cause homestead credit amounts shown on tax statements to actually increase since the homestead credit will equal the homestead exemp- tion times the local mill rate. The League is con- cerned that cuts in the homestead credit replacement aid could be easily made under this new homestead credit design since the state will nO longer be held politically accountable to the taxpayer for cuts in the homestead credit replace- ment aid program. In the future, growth in a city's homestead credit replacement aid will generally be limited to rises in inflation. The League is concerned that cities with growing needs, rising levies or with rising mill rates will not necessarily receive additional assist- ance from the new homestead credit design as they did under the old design. It is also intended by the new law that increases in the number of homes- teads result in higher homestead replacement aid. However, as presently drafted, the new law is not likely to .uniformly,achieve that objective because it uses changes in the ratio of exempted homestead value to all propertY value as the escalator factor. The current property tax system of aids and credits has been criticized as over stimulating local government spending. A paper prepared by Bell and Bowman for the Minnesota Tax Study Com- mission argued that state financial assistance to lo- cal governments, particularly through the homes- tead credit program, causes local spending and taxes to be higher since local taxpayers are ins- ulated from the full cost of local spending in- creases. This paper, however, does not provide firm evidence of such a causal relationship. Nevertheless, this paper is used by some to argue that all local governments--schools, counties and cities--are not accountable for their spending deci- sions. For cities, the accountability argument is clearly illogical in the face of recent trends. City property tax levels have been forced up, largely due to declining federal and state assistance, not because of rising city spending. Over the 1980-85 period, after adjusting for inflation, cities' net property taxes (after homestead credit) rose 18.4 percent, while cities' expenditures actually declined 2.4 percent. Over the same per.iod, federal assistance to cities declined 19.3 peri:ent and state assistance declined 7.1 percent. As a result, cities have been forced to increase their reliance on locally-derived revenue to a point where they now depend upon their own sources for nearly two-thirds of their revenue. RS-2. Local GoVernment Aid and State Fundlng to Cities (A) The League supports continuation of the local government aid (LGA) program as an essential component of the state's property tax relief system. The League reco. mmends that, at a minimum, the LGA appropriation be increased annually to keep pace with the rising costs of providing local govern- ment services, as measured by the state and local implicit price, deflator. Additionally, the increased costs to cities caused by state and federal mandates as well as the revenue shortage caused by federal funding cuts (such as the elimination of general revenue sharing) should be taken into account in setting LGA appropriation levels. The factors of inflation, the increased costs of state and federal mandates and the large reduc- tions in federal aid were ignored in 1987 when the Legislature decided to freeze LGA payments, im- pose a very stringent three percent levy limit, and ~mpose the six percent motor vehicle excise tax on city purchases. These actions--combined with declining property values in some regions of the state and the $40 million loss of federal general revenue sharing for Minnesota cities--have clearly begun to jeopardize the continuation of many vital city programs. Local government aid should not be sacrificed in any attempted reform of the state's property tax structure. Last year, Governor Perpich recom- mended that LGA, along with other property tax relief funds, be directed solely to schools through a new 'Education Credit .' Such a proposal would have virtually abolished the state's role in provid- ing property tax relief for city services and would have led to a less equitable and less stable property tax system. The League commends the legislature for rejecting this proposal. Local government aid is a major source of revenue which complements cities' other sig- nificant revenue source, the property tax. As such, LGA must be distributed among cities in a way which alleviates the problems inherent with reliance on the property tax. Cities vary markedly in their ability to raise revenue from property taxes. There are also wide variations among cities in their citizens' needs for services and the costs of providing those services. A complementary revenue source for cities is necessary precisely be- cause a city's ability to raise revenue from the property tax does not necessarily coincide with the cost of the services which that city must provide to its citizens. Therefore, the LGA formula should reflect both the individual city's need and its local revenue raising capacity. The League has formed a technical committee to review and respond to potential changes in the LGA formula as they are developed by the legis- lature, Governor, or any other group. Cities are' critically dependent on state funding to reduce property tax burdens in their com- munities. Over the years, state appropriations for local government aid have not kept pace with the cost of providing services. The freezing of LGA payments for 1988 will add to cities' fiscal stress. Changes in the structure of the homestead credit program may lead to further limits on property tax relief for cities. Other economic challenges facing cities include declining tax bases, cuts in federal support (particularly the elimination of general revenue sharing), costs growing faster than the general inflation rate, and the need to implement state and federal mandates. It is important to put our current property tax relief financing structure into some historical perspective. Tax and government financing reforms enacted over the past two decades dramatically shifted the mechanisms for raising revenue away from local governments and toward the state. With passage of the 1967 Tax Reform and Relief Act, the 1971 Omnibus Tax bill (the so- called "Minnesota Miracle"), and later tax legisla- tion, the state obligated itself to lower property tax burdens by levying increased sales and income taxes. The increased sales and income tax revenue was to be used by the state to partially replace the property tax. The state was to assume a larger share of the costs of delivering local government services. As a trade-off for providing aid to local governments, the state imposed levy limits on local governments and took away their authority to levy local sales or income taxes. Local governments were thus encouraged to rely more on state- collected revenue. Given the continued constraints placed on the taxing abilities of local governments and the state's original commitment to provide property tax relief, the League believes it would be wholly unfair to reduce state funding for local governments. The maintenance of property tax relief should be a high priority. Policy makers must recognize that any cuts in funding for cities will likely result in higher property tax levels and cuts in needed city ser- vices. For nearly two decades, the state has ap- propriately assumed a role in reducing property tax burdens. A long-standing commitment for such relief has been made to both the public and municipalities. The state must not renege on that promise. RS-3. Elimination of Levy Limits (A) The League recommends that the legislature repeal the levy limit laws to enhance local account- ability and allow cities to plan for and respond to changing financial conditions,, particularly the decline in federal and state aid, and the increasing costs of mandates. The League also urges the legis- lature to insure that the appeals process permitted for the three percent levy limit be administered by the Revenue Department in accordance with the law. Largely to compensate for expected rises in lo- cal levies, the 1987 Legislature imposed an ex- tremely stringent three percent levy limit on cities for payable 1988. This levy limit, applied also to small cities, is severely limiting cities' abilities to compensate for cuts in state and federal financial aid as well as making it nearly impossible to deal with rising costs resulting from various state man- dates, including comparable worth and the newly- imposed six percent motor vehicle excise tax. Al- though the legislature provided for an appeals process allowing certain adjustments to cities' 1988 levy limit bases, i.t appears the Revenue Depart- ment will not provide to cities the adjustments which the law permits. Despite assurances made during the legislative session that tightened levy limits would only be im- posed for one year, the new law actually imposes additional levy limit restrictions in future years as well. These additional restrictions include the ar- - 23 - bitrary lowering of the five percent inflation cap to three percent and the permanent inclusion of smaller cities under the levy limit law. If such strin- gent levy limits are continued, then the legislature should continue to provide for an appeals process. Levy limits have made it difficult for many cities to adequately plan for, and respond to, changing conditions. Federal cutbacks, rising insurance costs, costs of comparable worth salary adjust- ments, and other factors force cities to adjust their budgets and levies. Levy limits prevent some cities from using property taxes, as a source of revenue to provide for adequate reserves or absorb in- creased costs. Local elected officials are accountable to the public and should be entrusted to responsibly use their taxing authority. Cities exist in a very dynamic, changing environment. They are ex- pected to quickly respond to changing federal policies, state mandates, court rulings and market forces, such as those affecting the insurance in- dustry. Statewide limits artificially constrain the options available to elected officials and are too inflexible. Given uncertainties in state and federal financial aids, and th~ diverse problems and circumstances faced by cities, levy limits are unworkable. These limits are inconsistent with the principles of local self-government and accountability and should therefore be repealed. RS-4. Sales and Motor Vehicle Excise Tax Extension (A) The League opposes forcing local governments to pay the six percent sales and motor vehicle excise tax on their purchases. In 1987, the governor proposed extending the six percent sales and motor vehicle excise tax to pur- chases made by cities and other local government units. While rejecting the sales tax proposal, the legislature did accept the motor vehicle excise tax plan, effective with city purchases of vehicles made after May 31, 1987. Forcing local governments to pay the state sales tax amounts to one level of government taxing an- other. This increased sales tax will directly result in increased local property taxes. In defending the governor's sales tax proposal, the Revenue Depart- ment argued that the increased local costs caused by the sales tax would be relatively insignificant, and thuswould not necessitate increased property taxes. I-Iowever, a special survey conducted by the League demonstrated the governor's plan would have cost Minnesota cities a very significant amount--S32 million per year, twice the cost es- timated by the Revenue Department. Given these findings, it is clear that imposing the sales tax on local government purchases would increase property taxes. RS-5. State Administrative Costs (B) The League strongly opposes deducting state ad- ministrative costs from funds appropriated for property tax relief. All state government costs should be subject to the standard appropriation review process and be funded directly by specific state appropriation, not by a broad deduction from property tax relief programs. While decisions on the necessary staff- mg and funding levels for state agencies are made by the appropriations committees, tax policy deci- sions should be handled by the tax committees. When state administrative costs are financed through the local government aid (LGA) ap- propriation, funds available for property tax relief are reduced, defeating the purpose of LGA. In 1987, such state costs included the unprecedented large sum of $419,200 to fund the state auditor's office and certain Department of Administration functions related to local government. In 1988, $423,700 is due to be deducted from LGA alloca- tions for the same purposes. In the case of the state auditor's office, earmarked deductions from LGA are being used to finance over 40 percent of the auditor's state-appropriated budget, an inap- propriate action in the League's opinion. Furthermore, LGA funds are being used to finance auditor and Department of Administra- tion operations which do not relate to cities, but to all local governments--counties, school districts and townships. The LGA program is largely designed for and used by cities. Other state programs--county income disparity aids, school aids-- largely benefit other units of local govern- ment. The League believes it is wholly inappropriate and .unfair to almost exclusively tap city funds for programs which relate to all units of local government. In order to promote a cohesive and coordinated state tax policy and provide for adequate review of proposed state agency costs, it is recommended that no state agency's administrative costs be deducted from property tax relief funds. This will : 24 - 15 5 allow the tax committees to fully determine the level of property tax relief to be provided. RS4. Stability of State Revenues (B) The League urges adoption of fiscal and revenue policies that will stabilize state revenues and thereby lead to more predictable funding levels for local governments. Inevitably, the stability of revenues flowing to local governments is dependent on the stability of revenues flowing to the state. In this regard, the League supports the establishment of a permanent budget reserve equal to a minimum of five percent of total state outlays. ~Is soon as pos- sible, the reserve should be built up to a more ade- quate level in excess of five percent of outlays. The reserve should be built up during years of economic prosperity and used only to protect the state budget from unexpected economic downturns, not for tax reductions or expenditure increases. Such a budget reserve is necessary, given the relatively volatile tax bases on which the state currently relies (particularly the income tax and sales tax), and the potential for error in revenue and economic forecasting. In recent years the uncertainty of the state-local fiscal relationship has made short and long term financial planning almost impossible at the local level. During the earlier part of this decade, local jurisdictions were left with severe revenue shortfalls and cash flow problems because of the sharp and unexpected decline in state revenue. State aids to local jurisdictions were cut substan- tially and aid payments were delayed, often in the middle of the budget year, when compensating ac- tion was nearly impossible. In addition, cities have been unable to plan their budgets with any degree of confidence given the major year-to-year changes that have occurred in the overall funding level for local government aid in the formula used to dis- tribute local government aid, in levy limit laws, and in state property tax relief programs. Cities need to be able to rely on predictable revenue sources that will be adequate to maintain the level of ser- vices required by their citizens. Should problems with. budget shortfalls persist even. after establishment of a budget reserve, the legislature should consider additional policy op- tions to stabilize state revenues, including: Broaden the sales tax base. Broadening the sales tax base could lead to more stable revenues; Temporary suspension of indexing of the state income tax structure or temporary in- creases in other taxes (such as the sales or income tax) in the event of a sizable budget shortfall. The League supports the provi- sion in current law requiring an automatic increase in income and corporate tax rates when the budget reserve is forecast to fall below $150 million; and Refrain from further income or sales tax reductions unless it is certain that budget shortfalls will not materialize. RS-7. Sales Ratio Issues (B) The League urges the legislature to require that appraisals be used rather than a countywide average, for determining the sales ratio in small communities where few sales occur. Various state formulas consider property tax base valuation in distributing aid. Sales ratios are calculated for each jurisdiction by comparing ac- tual selling prices of properties to the estimated market value assigned by the assessor. These sales ratios are used to equalize assessed values so that all local goyernments are treated fairly and not rewarded or punished based on. their assessment practices. Sales ratios are thus important determinants of the level of state aid received bY a community. Yet, in small communities, there are often few sales in a given class of property to permit an accurate determination of a sales ratio. In these cases, a countywide average is applied. The county average, however, may be overly influenced by sales in a larger regional center and thus may not accurately reflect the experience of smaller cities. RS-8. Equipment Financing (B) M.S. 412.32 should be amended to allow all Minnesota cities to issue "five-year equipment cer- tificates'' in an amount not to exceed one percent of the city's assessed valuation in any given year. No reverse referendum provision should apply un- less the city wishes to exceed the one percent limit. Statutory cities in Minnesota have the power to issue certification of indebtedness, payable in not more than five years, to purchase capital equip- ment (M.S. 412.301). If the amount of the certif- icates exceeds one percent of the city's assessed valuation, a reverse referendum provision applies. /39' - 25 - In 1983, the legislature granted similar financing powers to Minnesota's home rule charter cities (M.S. 412.32), without any reverse referendum provision. However, the total principal amount of the certificates (or 'capital notes') issued in a fis- cal year is limited to no more than one-tenth of one percent of the city's assessed value that year. In many cities, this limit is prohibitively low, and effectively prevents the city from making use of the authority granted in this statute. RS-9. Interest Limits on Municipal Bonds and Special Assessment Financing (C) The League commends the legislature for repeal- ing interest rate limitations on municipal bonds and special assessments and urges the legislature to refrain from reimposing such limits in the future. This action will enable cities to respond effectively to whatever bond market changes occur as the result of market forces or federal action. The traditional way of financing most local public improvements and facilities has been through the issuance of bonds. But the public bond market is undergoing change. Changes in federal tax law will not only restrict local authorities in their ability to issue some bOnds, but for the first time could subject the interest earned on municipal bonds to an alternative minimum tax. As a result, interest rates may have to be higher for the public sector to compete with private in- vestments in the taxable bond market. In addition, artificial ceilings on bond interest rates do not hold down interest rates and may, in fact, add somewhat to the costs of bond issuance by the creation of additional legal and procedural requirements. Interest rates in the bond market fluctuate in response to a combination of economic forces. Local officials must operate within the realities of such a market. Whether or not there is a statutory ceiling, local officials have every in- centive to keep issuance costs as low as possible. RS-10. License Fees (C) The legislature should repeal all maxirnum fee provisions relating to off-sale liquor, on-sale wine, bottle club, fraternal club, and Sunday liquor licenses, and allow cities to decide locally the ap- propriate fee to charge for such licenses. With few exceptions, the statutes granting au- thority to issue licenses or permits do not specify maximum fees. Cities should have the discretion to set fees based on their own costs, needs and standards. Case law provides ample limitations on cities' power to set license fees by requiring that revenues produced must be related to the cost of issuing the license and regulating the licensed burl- ness, It is inappropriate for the legislature to set max- imum fees for off-sale liquor, on-sale wine, bottle club, fraternal club, and Sunday liquor license fees. Cities have acted responsibly in setting on- sale liquor license fees. It makes no sense to grant them that power but deny them the power to. set fees for off-sale liquor, on-sale wine, bottle dub and Sunday liquor licenses. There is no evidence to show that lifting the statutory cap would lead to unjustified fee increases. Some reasonable in- creases in off-sale license fees could be expected since the statutory maximum fee has not been in- creased in over ~30 years. RS-Il. Railroad and Telephone Taxation (C) A new formula should be adopted for the valua- tion of railroad operating property for property tax purposes. If the current gross earnings tax. levied on telephone companies is replaced by a property tax, such taxation should be consistent with the taxa- tion of commercial/industrial property and, fur- thermore, should be assessed and collected at the local level. : The existing system for taxation of railroad operating property is not consistent with the taxa- tion of other commercial and industrial properties. The present formula values railroad operating property at about 20 percent of the value which would be determined by a local assessor using generally accepted assessing principles. The League recommends that a new system of property taxation be established which would tax both rail- roads and telephone companies operating in Minn- esota in a manner consistent with the taxation of the commercial and industrial properties. RS-12. Tax-Exempt Property (C) State, county, school district, city, regional government, and other owners of tax-exempt property (except houses of worship) should be re- quired to reimburse cities for the cost of police, fire and street services. One of the glaring inequities in the Minnesota tax system involves local services that are provided free to tax-exempt property owned or used by the state, counties, school districts, regional govern- ment bodies, and by certain non-government or- /5 7 ganizations. It is widely acknowledged that such property directly benefit from government services such as police and fire protection and street ser- vices provided by cities. Since there is no legal basis for claiming reimbursement for the costs of such services, they are borne by the local tax- payers. Furthermore, such property is con- centrated in certain cities, resulting in a heavy and disproportionate cost burden upon those cities. Special assessments against state property Current law (M.S. 435-19), provides for the col- lection of special assessments from other governmental jurisdictions. The law allows the governmental unit which owns the property to determine the amount of assessment to be paid, as well as the timing of the payment. This is im- practical since it often results in interim financing by the local unit of government. Governmentally- owned property should be assessed in a manner similar to the assessment of privately-owned property. Any law authorizing the state or other governmental units to refuse to pay the assessed amount, or determine the time and amount of the payment, should be repealed. RS-13. Local Option Taxes (C) The League recommends that cities be given local option to raise other non-traditional revenue sources, such as sales taxes, to enhance local finan- cial flexibility. Local option taxes should supplement, not replace, the traditional revenues of cities. Since the legislature is continually restricting the ability of cities to use the property tax as a source of funding for city services, alternative revenue sources to supplement existing sources are impera- tive. RS-14. State Audits and City Financial Reporting Requirements (C) The League supports continuation of the existing auditing and financial reporting requirements for cities. There is no need to require cities under 2,500 to follow more rigorous accounting requirements than presently exist or to have annual audits. ~4ddi- tionally, the state auditor should not be given the power or responsibility to audit local governments or their #zstrumentalities. The League supports re- quirements that copies of local audits be sent to the state auditor on a regular basis. The private sector is fully competent to conduct governmental audits and may be more economical and practical than a state agency. Minnesota has one of the most modern and rigorous systems of oversight of municipal finances in the nation. The state auditor currently reviews annual financial reports of all cities. Cities over 2,500 must have annual audits and the state auditor has the authority to audit a city upon receipt of a petition. Federal Legislative FL-1. Federal Tax Policy Modifications 1. Tax-exempt financing. LMC supports the prin- ciple that municipal bond interest should be tax-exempt. Severe restrictions on tax-exempt financing in the 1986 Tax Reform Act have resulted in higher bonding costs and potential retroactive tax liability for cities. The League urges congress to conduct a comprehensive review of these restrictions and to restore the authority of cities to use tax-exempt municipal bonds. Further, the League supports a return to federal fiscal policies that recognize cities' authority to use such financing for Iow and moderate income housing and-to encourage development designed to maintain and create jobs and improve the local economy. The League also supports the removal of multi- family housing bonds from the state-by-state per capita volume limits imposed by the 1986 Tax Reform Act. There must also be adjustments in the limits placed on the eligibility and application of the low income housing tax credit to the financ- ing of such projects. Finally, the League supports actions by the Na- tional League of Cities to join in the lawsuit filed by the National Finance Officers Association to reverse federal tax reform provisions which impose an alternative minimum tax on municipal bond in- terest. New reporting and arbitrage provisions can also result in retroactive tax liability for cities. Restric- tions that limit the' amount of investment earnings that the city can receive on municipal bond proceeds to a level no higher than the rate of in- terest the city is paying on such bonds. These restrictions can also result in rebates to the U.S. Treasury and often present difficult and costly record-keeping and computation functions at the local level to avoid potential tax liability. - 27 - Minnesota cities have experienced severe reduc- tions in their authority to issue tax-exempt bonds since the enactment of thc 1986 Tax Reform Act. The limits placed on authority to issue tax-exempt bonds represented a loss of 84 percent of previous levels of bond activity in Minnesota. In addition to problems caused by volume limits, further restrictions on public purpose bond authority have curtailed opportunities for public-private coopera- tion in the development and management of projects deemed to be in the public interest at the local level. Loss of value of commercial and rental properties is also viewed as a likely outcome of tax reform as well as increased instances of aban- donment of properties where returns on initial in- vestments decline, or are made subject to federal taxes. The impact of federal tax reform on housing has seriously eroded the ability of cities to continue to provide affordable housing for low- and moderate- income residents. The low-income housing tax credit has proved to be largely unworkable in providing needed multi-family housing in many areas of the state. In the future, cities will be in- creasingly faced with housing shortages as long as such projects are economically unfeasible and un- competitive with other private investment oppor- tunities. Federal/local fiscal policy issues for 1988. LMC opposes FY'88 tax proposals to extend Medicare coverage requirements to all cur- rently exempt city employees and to impose federal gas, excise and use taxes on city- owned vehicles. Shifting federal tax liability to local property taxpayers is inequitable and an unreasonable im- position on cities' responsibility to deliver basic public services. Proposed new tax increases for FY'88, under consideration by congress, are a cause for concern. Such proposals fail to recognize the legitimate role of cities in meeting public needs at the local level in partnership with the federal government. As a result, cities are being increasingly forced to rely on a narrow and more limited tax base to meet such federal tax obligations while at the same time depending on local taxes to support services and programs to meet residents' needs and also to comply with increasingly costly federal mandates. FL-2. Homelessness The League of Minnesota Cities encourages ac- tions by congress to provide federal assistance to cities for support and financing of low-incon, e housing and response to the need for a national policy to address problems of homelessness. The League supports the bipartisan effort in congress to provide assistance to cities to aid the elderly as well as handicapped individuals attd families with children who are particularly vulnerable attd in need of housing and a range of support services. The League continues to urge increased efforts in the area of housing assistance and urges congress to promote and insist on the maintenance of low-income single and family housing, along with renewed federal support for rural housing programs to stem the migration of needy families and poor to urban centers. The League continues to support are policies to end discrimination against the mentally disabled. Review of Section 504 of the Federal Rehabilita- tion Act, also supported by the National League of Cities, is an important part of that effort. Exten- sion of SSI eligibility to three months is also es- sential for the homeless in order to give them care in Medicaid fficilities. The $355 million in FY'87 Supplemental Ap- propriations is a beginning. Its immediate offer of aid for a variety of programs, incIuding emergency shelter, mental health subsidies, and health ser- vices, and the creation of an Interagency Council on Homelessness, increases federal participation and coordination in response to this national issue and provides cities with needed funds before this winter. Emergency shelter grants that enable cities to directly receive federal funds are needed to begin immediate renovation and conversion of needed shelter facilities. Funds available to non-profit or- ganizations for emergency food shelf and shelter operations are also an important element of a na- tional response to problems faced at the local level. Federal support'to meet the serious public health and social problems posed by homelessness underline the need to coordinate these responses with programs and services sponsored by community-based organizations, churches, businesses, and private foundations. Such assist- - 28 - ance must continue to be made available for a combination of activities, including emergency as- sistance, long-term support, and preventive measures. FL-3. Extension of Medicare Coverage Requirements The League of Minnesota Cities continues to urge congress to provide a transitional period for exten- sion of Medicare coverage for city employees who are now exempt. The League opposes congressional and administration efforts to impose immediate ex- tension of such taxes and coverage requirements by January 1, 1988, as a revenue raising policy for the FY'88 federal budget. Congress previously extended Medicare coverage requirements to all newly hired state and local employees, including election judges, begin- ning April 1, 1986. Expanding such mandatory employee tax and employer contributions to remaining currently exempt employees increases both payroll taxes and imposes additional costs on cities for employer contributions and reporting re- quirements. · Imposition of such requirements after cities have adopted their FY'88 budgets makes it ex- tremely difficult to adjust personnel costs to cover unanticipated tax payments. While paid police and fire department personnel are most affected by such changes, other seasonal, part-time and temporary employees are also af- fected. Many smaller cities have little flexibility or fiscal capacity to adjust to such additional unan- ticipated costs and reporting requirements. Addi- tional difficulties can also be expected from the requirement to extend such coverage requirements to municipal election judges, many of whom are already retired and whose employment is essential for the conduct of elections which cities must administer. FL-4. Mandates The League of Minnesota Cities continues to sup- port reimbursement of cities for additional costs imposed by congress, to meet national standards and to comply with federal regulations. Congress should support legislation that will provide pay- ments to cities for any direct costs associated with meeting such requirements. Two legislative proposals, H.R. 1087 and S.585, would provide such relief from the costs of man- dates imposed after the date of enactment of the bills. The League of Minnesota Cities joins the Na- tional League of Cities in supporting approval of such measures. The League of Minnesota Cities also urges congress to continue to provide a transition for im- position of Medicare coverage for city employees. Proposed action to extend coverage to all such workers not currently covered, imposes a new payroll tax on employees while increasing city ex- penses for basic services. Congress is currently considering a number of proposals that would increase local government costs. Among them are mandatory drug testing (S-1041) which requires cities to test all transporta- tion employees, including transit and sanitation workers; parental and medical leave requirements (H.R. 925); minimum health benefits (S. 1265/H.R. 2508), and mandatory medicare coverage for all local employees. Cities also face increased costs for public safety as a result of emergency planning requirements in Title III.amendments to Superfund, enacted by the 1986 Congress, as well as the threat of severe and costly penalties for failure to comply with difficult and confusing record-keeping and reporting re- quirements. When coupled with cut-backs in federal programs for cities of as much 'as 70 percent and the loss of General Revenue Sharing funds in 1987, increased costs from federal mandates have a par- ticularly serious and damaging affect on cities' fis- cal capacity. The federal government must direct increased attention to ways in which such costs can be reduced. Regulatory relief measures must be made a part of the federal-local relationship. FL-$. Rural Development Priorities The League of Minnesota Cities continues to sup- port the concept of targeted fiscal assistance to cities as part of a federal response to the need to assist rural cities to overcome the effects of the loss of tax base and the decline in property values result- ing from the agricultural crisis and the loss of in- dustry and jobs in mining areas of Minnesota. The League also urges congress to make rural revitalization a priority and to provide needed financing for public improvements and business as- sistance and to enable cities to provide for public - 29 - water facilities. Congress should also examine how to better coordinate current federal programs for rural areas and provide for the creation of rural investment grant funds for development and main- tenance of infrastructure. Federal projects to provide for rural technology assistance and train- mg as well as assistance to dislocated and un- employed workers in such communities, must also be funded. The League welcomes the support of Senator Sasser (Chairman of the Senate Governmental Af- fairs Subcommittee on Government Efficiency and Federalism) to examine the impact on cities of the loss of of .General Revenue Sharing and to intro- duce legislation designed to to provide needed federal assistance to rural communities in a man- ner similar to that first introduced as the Targeted Fiscal Assistance Act of 1986 by Senator Durenberger. As in the past, city officials continue to insist that federal aid to cities must recognize dif- ferences among states and localities and to direct funds to cities with the least fiscal capacity to meet local needs. With the loss of over $40 million an- nually in General Revenue Sharing, Minnesota city officials are faced with the increasingly difficult task of find alternative revenue sources to fund basic services and maintain a local infrastructure. It is imperative that the federal government recog- nize its responsibility to assure access to a mini- mum level of services at the local level and to as- sist cities severely impacted by local and regional economic declines. The National League of Cities surveys and Census Bureau information underscore the dif- ficulties faced by cities in rural areas: ** percent of substandard housing exists in locations beyond metropolitan areas; ** Unemployment rates nationally average over nine percent in such communities; percent of the nation's poor live in loca- tions which include smaller cities. FL-6. Underground Storage Tank Regulations LMC supports efforts by the National League of Cities to seek exemption for cities from the financial responsibility regulations proposed by the U.S. En- vironmental Protection Agency (EPA)for under- ground storage tanks (USTS). Sufficient evidence is available to demonstrate that cities have the incentive, fiscal capacity and financial stability required to enable them to respond effectively to halt spills or leaks, dean up contaminated areas and to take precautionary measures to prevent such occurrences. Cities, along with state and federal levels of government, should be exempted from the proposed EPA financial responsibility require- ments for such city-owned or operated under- ground storage tanks. If EPA does not offer cities such an exemption, it is imperative that the Na- tional League of Cities assist EPA in the develop- ment of self-insurance criteria which would in- dude cities. City government is immediately accountable to the public, and city officials are expected to deal with emergencies. Most cities can and do routinely establish contingency funds to handle unan- ticipated costs associated with such occurrences. For damages requiring expenditure of additional funds for clean-up activities, cities have the author- ity to tax, borrow and issue bonds to cover such expenditures. Along with NLC, the League of Minnesota Cities supports. EPA proposed technical standards designed to prevent leaks and to quickly detect those that occur. Incentives for cities to comply with such standards are sufficient and should con- vince EPA to exempt them from financial respon- sibility requirements. FL-7. Pipeline Safety The League of Minnesota Cities urges congress to adopt legislation to require more stringent testing procedures, increased community notification, in- stallation of automatic shut-off valves and limita- tions on construction of new liquid petroleum pipelines within 150 feet of residential, hospital, nursing home, school or correctional facilities or other permanently inhabited facilities. Of particular concern to Minnesota cities are provisions in federal legislation that authorize im- plementation of the state pipeline safety program, including the certification of state pipeline inspec- tors to conduct federal inspection duties for inter- state pipelines located in the state. Cities' respon- sibility for public safety also makes it important that pipeline operators be required to provide city officials with immediate notice of spills and emer- gencies and that cities have accurate information -'30 - on the location of pipelines located within their jurisdiction. Operators' responsibility to maintain corrosion resistant protection of pipelines and to observe regular testing requirements for possible deterioration of pipeline materials is also critical to the public safety of city residents. FL-8. Clean Air Act Compliance The League of Minnesota Cities urges congress to extend the deadline for the attainment of Na- tional Ambient Air Quality Standards (NAAQS) beyond December 31, 1987, for cities making a good faith effort to comply with ozone or carbon monoxide levels. If cities agree to additional pollu- tion control measures aimed at reducing pollution from mobile and stationary sources, congress should also agree to lift sanctions which wottld have previously been applied. City officials recognize the importance of preserving and protecting the environment and the necessity of reducing air pollution in urban areas. Cities have made diligent and continuing efforts to implement State Implementation Plans (SIPs) to lower air pollution levels. Despite those remedial actions, many cities are likely to be out of com- pliance with NAAQS requirements on December 31, 1987. Problems outside the immediate control of individual city governments and difficulties resulting from changes in compliance planning re- quirements have complicated circumstances in which cities must operate to solve air pollution problems. If cities have carried out actions and revised measures called for, to reduce such sources of air pollution, they should not be penalized by the loss of needed federal funds or a ban on construction or modification of utilities, industries, and other facilities in nonattainment areas. In particular, congress should refrain from imposing penalties that would result in the withholding of wastewater treatment construction grants in such instances, and should allow cities experiencing growth to con- tinue to receive federal assistance for essential government functions. Congress should also adjust the level of penalties to fit the severity of the con- tinuing pollution problems in cities that fail to implement measures to reduce such sources. Many of the provisions providing for sanctions in legislation currently under consideration are counterproductive to the goals of the Clean Air Act, and would unfairly penalize cities in non- - 31 - attainment areas, regardless of what level of government is responsible for failure to approve implementation of an inspection and maintenance program aimed at reducing motor vehicle emission problems. Sanctions should be imposed on the unit of government or agency directly responsible for noncompliance. The League also recommends that congress retain current health-based ambient air quality standards and refrain from including other factors in the attainment of those required measures of air quality. Current problems encountered in implementing NAAQS requirements suggests that these stan- dards are imprecise and often cause cities to un- derestimate measures that must be taken to com- ply with current air quality pollutant levels for carbon monoxide and ozone. New approaches per- mitting cities to take specific actions to install ap- propriate technology to reach attainment should be supported. Also of concern is the transport of air pollutants from attainment to nonattainment areas. Such conditions make it difficult for cities to meet NAAQS requirements despite implementing pol- lution control'measures. Unless such a jurisdiction can prove that it is not contributing to ozone or carbon monoxide pollution in a nonattainment area, the unit should be required to install controls on stationary pollution sources. Further, the League views federal action as necessary to reduce mobile sources of pollution. More stringent motor vehicle emission standards, along with development of alternative fuels and regulations of gasoline vapor recovery systems, are needed along with vigorous efforts to ensure that motor vehicles comply with mobile source stan- dards while vehicles are in use on city streets. FL-9. Essential Airline Service The League of Minnesota Cities supports the ex- tension of the Essential Airline Service Program for a period of 10 years beyond October, 1988, with a level of funding of at least $40 million per year. The program must continue to be funded until 1988 at the current level of support ($28 million), until a revised program can be implemented. A new Small Community Airline Service Program should be established which would include a higher level of basic service to foster and promote pas- senger use and to enable cities to enhance services by sharing the costs of those service improve- ments. The program should maximize the poten- tial of generating the capacity of such service to handle increased long-haul traffic and to permit new cities to participate in the program The Essential Airline Service Program es- tablished in 1980 to ensure that smaller cities would continue to have air transportation services, must be continued beyond 1988 for an additional period of at least ten years. Federal funding to support needed air carrier services must be avail- able in an amount sufficient to sustain stable, economic and reliable service. A balanced air transportation system must address the needs of all types of cities and require an improved scheduling of air transportation for small- and medium-sized cities as part of the na- tional transportation system. The program must help encourage development of self-sustaining air service as well as to provide financial assistance where support is needed. Both travel schedules and equipment must be upgraded to foster com- petitive fares and increased levels of traffic. FL-10.' Cable Television Regulation Issues The League of Minnesota Cities views with con- cern recent court actions that restrict cities' author- ity to impose franchise fees on local cable television franchise operators. The League continues to #zsist that cable television franchise fees are a revenue source for use either in the getteral fund or for the budget of the local regulatory agency or a combina- tion of such purposes. The League will view with interest upcoming congressional hearings to review the the impact of cable deregulation on the communications in- dustry, scheduled to begin in October. The growth of the cable television industry since deregulation has been been impressive. But with that increased wealth and power have come renewed concerns for the public interest. Cities are particularly aware of the importance of the increased numbers of valuable public ser- vices available solely through local cable television franchise facilities. Because of these two continu- ing basic areas of interest in cable television operations, the League urges congress to maintain sufficient authority for cities to require cable franchise operators to notify and consult with city officials when considering changes in rate struc- tures and/or the retiering of cable services and access to public, educational and government (PEG) channels. Cable television provides actual as well as potential public benefits and as such, must con- tinue to remain subject to local regulation as cur- rently provided by federal law. Potential services furnished solely through cable television technol- ogy include such local operations as meter monitoring, energy management, emergency response and alerts, as well as providing a new mechanism for public expression of viewpoints and interest by local viewing audiences. The League recognizes the limits placed on cities' regulation of cable television operations by the 1984 Cable Policy Act. It is also clear however, that the Act affirms a legitimate role for cities in such regulatory functions as requiring operators to obtain local franchises; to specify public access facilities and services; to require leased access; to monitor performance quality; to act upon requests for modifications, transfer applications and renewal requests; to solicit franchises; to enact consumer protection ordinances; to impose franchise, fees; and to specify system design and capacity. It is also 6f interest to city residents that city officials encourage service improvements and sup- port public participation in the upgrading of ser- vice delivery and quality of performance. Of particular interest to cities is the continued availability of government access channels (PEG). Such facilities provide new ways to reach city resi- dents with information and the means to under- stand public policy issues affecting them. These matters will be increasingly on the minds of local officials as more local cable franchises move to increase rates for basic services. The League supports recommendations to the National League of Cities to actively monitor those hearings and developments in the cable television industry that affect the interests of city residents and cable television subscribers. FL-11. Regulation of Incinerator Emissions The League of Minnesota Cities urges caution in the development of policy to address potential en- vironmental hazards associated with mass burning and other processes employed in resource recovery (RDF) and incinerator operations. In particular, the League urges EPA guidance on requirements to operators of incinerators to install pollution con trol -32- /~3 technologies to take into account the actual per- formance and experience with currently applied pol- lution control measures. There is a paramount need for clear communication with cities and a reasonable timetable for implementing new tech- nologies to limit toxic releases and to adapt landfills to accept incinerator ash. In Minnesota, permits granted for mass burn and RDF facilities require substantial application of pollution controls to limit release of harmful substances. To the extent that these latest efforts in congress and at the Environmental Protection Agency reflect the need for additional efforts to protect the environment from serious affects of un- regulated discharges, the League agrees that such assurances should be obtained to the greatest ex- tent possible to protect the health and well-being of individuals, communities, and the environment. While recycling and waste minimization policies promote a healthy environment and can be utilized to reduce the need for landfills, those approaches alone cannot meet the demand for solid waste dis- posal management. According to a science advisory panel study of current EPA methods of dealing with incinerator emission issues, that agency needs to further ex- amine actual human health risks from ash produced from incinerator operations. At the same time, legislation introduced in both the House and Senate would regulate ash by- products as hazardous waste under the Resource Conservation and Recovery Act, as well as to bring municipal incinerators under Clean Air Act regula- tion. Senate sponsors favor stringent regulation of materials said to be toxic by-products of such mass burning or resource recovery methods. Emission limits on air pollutants such as particulates, acid gases, heavy metals, sulfur and nitrogen oxides, etc., based on best demonstrated achievable con- trol technologies, would be required under the Senate bill (S. 1565). The House bill would require application of en- vironmental regulation listed above for municipal incinerators. Other legislation also introduced in the Senate (S. 1566) would require EPA to develop methods to test the toxicity of incinerator- produced ash by-products as well as to test for potential exposure. The objective would be to re- quire local incinerator operators to report results of ash testing and to develop plans to dispose of the ash under provisions of the Resource Con- servation and Recovery Act. - 33 - Areas of concern for cities include the prospect of expanded requirements ments to meet in order to comply with Clean Air Act standards for new potential pollutants identified by either Congress or EPA. It is understood that proposals would ex- pand the list to include as many as 26 new chemi- cals and metals. Application of required new tech- nology to existing as well as new facilities would also be a serious matter of local concern for costs and benefit to the environment. Phasing in of such requirements for currently operating facilities would be an essential modification of those re- quirements. It is encouraging to observe that proposals being considered do include an updated timetable for EPA action in the regulation of such air emissions. Cities anticipating construction and operation of such new facilities need timely and accurate in- formation with regard to regulatory action in, or- der to design operations to meet those require- ments. Other concerns which the League is monitoring deal with the disposal of incinerator ash by- products. Questions of potential liability for cities under Superfund for clean-up of improper disposal practices must be clarified and guidance provided to assist cities in planning disposal methods. FL-12. Stormwater Permits LMC has supported measures'designed to reduce pollution caused by point sources through the es- tablishment of national pollution discharge stan- dards and has urged that action be taken to regulate industrial run-off and other stormwater point sources which are deterrnined to be causing sig- nificant pollution problems. In that regard, the League continues to support the development of na- tional guidelines to encourage states and cities to take action to reduce discharges that exceed such discharge standards. Because of indications that additional cities in urbanized areas may be required to comply with the new program regulating storm sewer dis- charges, the League urges the EPA to reflect suf- ficiently on local circumstances in providing direc- tion to state and local officials in adjusting permitting requirements to fit local and regional stormwater management planning priorities and to provide a framework within which to address juris- dictional and legal issues surrounding control of nonstormwater run-off in those locations. According to draft regulations, all municipalities in designated urban areas would be required to apply for stormwater permits by December 31, 1987, for all industrial stormwater discharges and for stormwater run-off that discharges into the waters of the U.S. It would appear that such re- quirements would apply to systems serving popula- tions between 100,000-250,000 in such census- designated urbanized areas, potentially increasing the number of affected cities in Minnesota. Direct consultation with state and local officials in both the development of EPA stormwater management policy, as well as in the design of state stormwater management plans, is necessary. The League also continues to insist that federal regulations take into consideration geographic variables, costs and benefits of control measures, and address the most serious pollution discharge problems first. While modification of proposed requirements for virtually all cities to conduct costly permitting, mapping, testing and reporting activities at numerable outfall locations has been ac- complished to limit federal regulations only to locations in larger cities, it is apparent that problems remain with the approach being proposed for the program. FL-13. Immigration Forms for Election Judges The League supports a proposed revision of the current Immigration and Naturalization Service (INS) ruling which requires election judges to com- plete INS Form 1-9. The Immigration Reform and Control Act of 1986 requires all persons employed after Novem- ber 6, 1986, to complete an Employment Eligibility Verification Form (Form I-9). INS interprets the law to include election judges, even though they may have worked in previous elections. · The INS is considering a revised ruling which would exempt election judges from having to com- plete Form I-9. The purpose of having each new employee complete a Form I-9 is to insure that no employer is hiring illegal aliens. Election judges must be citizens and that requirement fulfills the purpose of using Form I-9. Unless the current ruling is revised, cities and other political subdivisions will continue to have a time-consuming burden of paperwork and record- keeping which is not necessary to comply with the intent of the law. FL-14. Low- and Moderate-Income Housing The League strongly supports strengthening the role of the federal government in assisting cities to meet the need for low- and moderate-income housing. The federal government should encourage cities to provide affordable and subsidized housing and provide increased levels of funding to maintain existing public housing stock. Federal housing policy must include continua- tion and increased levels of funding of affordable housing and improvement in the feasibility of utilizing Iow income housing tax credits to en- courage private investment in such projects financed with tax-exempt bonds. Cities face serious difficulties in providing sub- sidized and public housing for residents with limited incomes. :Expiration of federal subsidies and loss of tax preferences, it is feared, will com- bine to produce rent increases~and the sale of ren- tal properties, thereby further reducing the availability of such units. Rental assistance and rehabilitation of single and multi-family units must be a priority for federal housing assistance programs for 1988, along with sufficient funds to assist cities to main- tain existing public housing units. It is clear that no single approach to housing needs is sufficient in meeting the wide-ranging demand. Therefore, it is necessary to develop a national housing policy to reverse the the decline in federal housing assist- ance that has been steadily withdrawn since 1981, and to encourage a comprehensive approach to the housing problems city officials have identified. The League also urges congress to encourage owners of low- and moderate-income housing to retain such units and to provide incentives to main- tain affordable housing rather than to sell or redevelop such properties. Section 8 rental sub- sidies must be extended for another 15-year period to assist those who cannot afford the prevailing rental rates. -'34- Congress must also remove multi-family housing bonds from the state per capita volume limits on tax-exempt bonding. In addition, federal housing tax credits must be availabl¢~ for housing rehabilitation activities as well as for projects financed with federal grants and loan programs. Further, federal housing programs must also aid in stimulating construction of new affordable housing as well as an increase in home ownership and the rehabilitation of public housing units and provision of housing for homeless individuals and families. - 35 -