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1988-10-25 CITY OF MOUND MOUND, MINI~IESOTA A~ E NDA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, OCTOBER ZS, 1988 COUNCIL CHAMBERS 1. Pledge of Allegiance. Approve Minutes of October 11, 1988, Regular Meeting. Proclamation to Proclaim Westonka Senior Citizens Foundation Day Pg. 2429-2433 Pg. 2434-2435 4. PUBLIC HEARINGS: A. Delinquent Utility Bills· Pg. 2436-2437 Be Proposed Assessment for the Improvement of Drummond Road from 100 Feet East of Amhurst Lane to 100 Feet West of Devon Lane by the Construction of a Bituminous Road. Pg. 2438-2446 CASE #88-732: Consider Issuance of a Conditional · c~ ~..~~~v~.~,~.~ Use Permit for Century Auto Body, 5533 Shoreline Blvd., PID # ~%k~~~ 13-117-24 33 0007/0007. Pg. 2447-2463 CASE #88-733: Proposed Street Vacation: "Alley Between Avon Drive and ~~ Avon Drive", Abutting Lots 7-13, Block 4, Shirley Hills Unit B, Joel Dokken. Pg. 2464-2474 CASE #88-728: Joel Dokken, (5042) Avon Drive, Lots 8-12, Block 4, Shirley Hills Unit B, PID #24-117-24 12 0018. Reguest: Minor Subdivision. Pg. 2475-2485 6. Comments & Suggestions from Citizens Present. .o Amendment to the Mound City Code by Adding Section 920:15 Regulating Noise in Residential Areas. Pg. 2486-2487 Consideration of State Gambling License Renewal for the Northwest Tonka Lions Operation of Pull-Tabs at the Jock Club. The Council need not take any action unless you have an objection. Pg. 2488 1 Page 2427 10. 11. Payment Request #1 - G.L. 'Contracting for the Additional Drummond Road Improvement. (Material to be distributed Tuesday evening.) Payment of Bills. Pg. 2489-2503 INFORMATION/MISCELLANEOUS Financial Report for September as Prepared Dy John Norman, Finance Director. Pg. 2504-2505 Letter from the League of Minnesota Cities regarding Land Use Legislation. Pg. 2506-2508 Ce League of Minnesota Cities 1989 Proposed Legislative Policies and Priorities. Please review these and give me aBy comments you may have. Pg. 2509-2602 Notice from the League of Minnesota Cities of the Policy Adoption Meeting, Wednesday, November 16, 1988, Hotel Sofitel, Bloomington, MN. Please let Fran know by November 7th if you plan to attend. Pg. 2603 Notice from Triax Cablevision that the Governor has declared October as Community Television Month in the State of Minnesota and a Program Summary of Channel 20 for the month of September. Pg. 2604-2614 Fe October 10, 1988, Planning Commission Minutes. Pg. 2615-2625 G. October 13, 1988, Park Commission Minutes. Pg. 2626-2629 H. Findings of Fact submitted by Ted Fox. Pg. 2630-2638 Page 2428 2 160 October 11, 1988 MINUTES - MOUND CITY COIFRCIL -- OCTOBER 11, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 11, 1988, 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 Jessen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, City En- gineer John Cameron, Building Official Jan Bertrand, and the fol- lowing interested citizens: Clifford Reep, Lois & Earl Sandquist, Gary & Susan Nehring, Don Biorn, and Larry Shaw. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Johnson to approve the minutes of the September 27, 1988, Regular Meeting, and the October 3, 1988, Special Meeting, as submitted. The vote was unanimously in favor. Motion carried. CASE #88-610: FINAL PLAT OF SETON VIEW The Building Official reviewed the conditions listed in the proposed resolution of approval. Johnson moved and Abel seconded the following resolution: RESOLUTION %88-166 RESOLUTION TO APPROVE THE FINAL PLAT OF SETON VIEW, PID %13-117-24 24 0001/0002, P & Z CASE %87-610 The vote was unanimously in favor with Councilmember Jessen ab- sent and excused. Motion carried. SET HEARING DATES: MOTION made by Abel, seconded by Smith to set public hear- ings on the following items for Tuesday, October 25, 1988, at 7:30 P.M.: Ae Public Hearing on Proposed Street Vacation: "Alley Be- tw. een Avon Drive and Avon Drive" Abutting Lots 7, 8, 9, 10, 11, 12 & 13, Block 4, Shirley Hills Unit B; and 161 October 11, 1988 Be Public Hearing to Consider Issuance of a Conditional Use Permit for Century -Auto Body Located at 5533 Shoreline Blvd. (PID %13-117-24 33 0007/0008); The vote was unanimously in favor, with Councilmember Jessen absent and excused. Motion carried. REQUEST FROM MINNETRISTA PROPERTY OWNER TO HOOK-UP TO CITY OF MOUND SANITARY SEWER The City Engineer explained thatlthe Sandquists, whose property abuts Mound in Minnetrista, have asked to be allowed to hook-up to Mound's sanitary sewer. He stated that Mound's 8 inch sewer line is 100 feet east of the Minnetrista boundary on Walnut Road. If the line were allowed it would be the property owner's respon- sibility to maintain the line from Mound's border (the manhole at the border) to the home in Minnetrista. Since 'the Sandquist's request, another request for the adjacent property owner (Larry Shaw) has been received so Mound would be connecting 1 existing house and 1 proposed house on the adjacent lot. The cost would be $3232.40 for the 2 connections, plus the MWCC's SAC charge of $550./each. The Council discussed having Minnetrista initiate action request- ing that these two residents be allowed to hook-up to Mound's sanitary sewer; submitting the agreement that has been prepared, limiting the connections to 2 existing parcels only, to Min- netrista and asking that any restrictions they might have be in- corporated into the it. MOTION made by Abel, seconded by Smith directing the Staff to prepare an agreement that limits the connections to 2 ex- isting parcels and asking for Minnetrista's input and ap- proval before Mound takes action. The vote was unanimously in favor with Councilmember Jessen absent and excused. Mo- tion carried. REVIEW OF APPLICATIONS FOR L.M.C.D. DOCK LICENSES FOR RICHARD SMITH AND WILLIAM NICCUM The City Manager explained that the L.M.C.D. has submitted two applications for dock licenses, one from Richard Smith and one from William Niccum, and asked that the city review these and sign off if there are no objections. He pointed out that the number of slips for each application is 6 not 12 and 8 as sub- mitted. MOTION made by Jensen, seconded by Abel authorizing the City Manager to sign off of the dock license approval from the L.M.C.D. with the corrections made.of 6 slips for the Richard Smith property and 6 slips for the William Niccum property. The vote was unanimously in favor with Council- member Jessen absent and excused. Motion carried. 2 162 October 11, 1988 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There was no response. ADD-ON ITEMS CASE #88-731: GARY NEHRING, 5537 BARTLETT BLVD., LOTS 10 & EAST 20 FT. OF LOT 9, THE BARTLETT PLACE ADDITION, PID ~24-117-24 23 0015~ REAR YARD SETBACK VARIANCR The Building Official explained the request and stated that the Planning Commission has recommended.approval of the variance request. The applicant was present and requested that the City vacate the Boulevard between his property and the lake. The City Attorney explained that this is a dedicated common area on the plat and that the boulevard is owned by all the owners of property within the Bartlett Place Addition plat. He further explained that the City does not have the authority to vacate this boulevard. Jensen moved and Smith seconded the following resolution: RESOLUTION %88-167 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE'A REAR YARD SETBACK VARIANCE FOR LOT 10 AND THE EAST 20 FEET OF LOT 9, THE BARTLETT PLACE ADDITION, PID %24-117-24 23 0015 (5537 BARTLETT BLVD.) P & Z CASE %88-731 The vote was unanimously in favor with Councilmember Jessen ab- sent and excused. Motion carried. APPROVAL OF PAYMENT REQUEST ~5 - PUBLIC WORKS FACILITY - $71,844.70 MOTION made by Abel, seconded by Johnson to approve Payment Request %5 for the Public Works Facility, from Loeffel- Engstrand, in the amount of $71,844.70. The vote was unani- mously in favor with Councilmember Jessen absent and ex- cused. Motion carried. RESCHEDULE NOVEMBER COUNCIL MEETINGS MOTION made by Smith, seconded by Abel to reschedule the November Regular Council Meetings to November 15 and 29, 1988, due to the General Election on November 8, 1988. The vote was unanimously in favor with Councilmember Jessen ab- sent and excused. Motion carried. 3 164 October 11, 1988 REAPPOINT GORDON TULBERG TO MOUND HRA - 5 YEAR TERM - EXPIRING 8- 29-93 Jensen moved and Johnson seconded the following resolution RESOLUTION 988-168 RESOLUTION TO REAPPOINT GORDON TULBERG TO MOUND HRA - 5 YEAR TERM - EXPIRING 8- 29-93 The vote was unanimously in favor with Councilmember Jessen ab- sent and excused. Motion carried. HRA LEVY RESOLUTION Johnson moved and Jensen seconded the following resolution RESOLUTION %88-169 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24t000.00 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PUR- SUANT TO THE PROVISIONS OF MSA 469 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1989 The _vote was unanimously in favor with Councilmember Jessen ab- sent and excused. Motion carried. CBD PARKING MAINTENANCE - SNOW REMOVAL BID - 1988-89 The City Manager explained that only one bid was received from Widmer Bros. It was as follows and is comparable with their bid in 1987-88. Rubber Loader Model 66 Kawasaki (4 yd.) 2 - 950 Cat Road Patrol Model 14 Cat Blade '2-T Dump Trucks with Plow & Sander Pickups with Plows Dump Trucks Bobcat Salt-Sand Mixture $78.00/hour $72.00/hour $60.00/hour $48.00/hour $44.00/hour $45.00/hour $58.00/hour $35.00/yd. Smith moved and Abel seconded the following resolution RESOLUTION #88-170 RESOLUTION TO APPROVE THE BID FOR SNOW REMOVAL FROM THE CBD PARKING MAINTENANCE AREA FROM WIDMER BROS AS STATED IN BID The vote was unanimously in favor with Councilmember Jessen ab- sent and excused. Motion carried. 164 October 11, 1988 PAYMENT OF BILLS MOTION made by Abel, seconded by Johnson to authorize the payment of bills as presente~ on the pre-list in the amount of $145,691.76, when fun~s are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCEL~OUS A. Department Head monthly reports for September 1988. Letter of appreciation from Rev. Don Germain, Pastor, Bethel United Methodist Church. Ce Letter from Doris LeGault, President, Westonka Senior Citizens, Inc., regarding formation of the Westonka Senior Citizen's Foundation. Information from the League of Minnesota Cities on land use that the City Attorney reviewed with you at the 9-27-88 meeting. Ee Letter from a citizen concerned about the possibility of locating outdoor storage area directly west of City Hall. · REMINDER: Due to the Council Meeting dates changing for November, please mark your calendars that the landscape ar- chitecture class from the University of Minnesota will make their presentation on November 29, 1988, rather than Novem- ber 22, 1988, as I had indicated in my 10-3-88 memo. Other dates remain as stated. Ge REMINDER: Metro Council Regional Breakfast meeting to be held, Tuesday, October 18, 1988, at Hopkins House - 7:30 A.M. to 9:00 A.M. Please let Fran know if you want to at- tend by October 13, 1988. MOTION made by Johnson, seconded by Abel to adjourn at 8:45 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk 5 LEGACY TO YOUR FUTURE 5600 Lynwood Boulevard Mound, Minnesota 55364 472-0347 · 472-0348 Mayor and City Council Members 5341Maywood Road Mound, MN 55364 Dear Mayor Smith and City Council Members: As you know, our Westonka Senior Center has been in existence almost seven years. During that time, we have seen the growth of participating senior citizens and the increasing need for more service. The projection for the year 2015 is that these numbers of persons over 65 will more than double. We have been very appreciative of the financial support we have received from our four sponsoring Cities of Mound, Spring Park, Orono and Minnetrista. We also realize that the demands on your budgets can only be strained so far. Two years ago we met with your City Manager and the other Cities' Managers ~nd promised to come up with an idea for sustaining funds. W:~.' h:.~ve done this! We have formed the Weotonka Senior Citizens Foundaticn with the he~p of many of our community friends. We are attempting to ac- cum,:late a large fund from which the interes~ will be ~_sed te perl, etu:~e the quality services to the elderly of the Wastonka area. We will be kicking off our campaign on October 23rd by having t'he Founda- tion dedicated at all our local churches on that day. We are asking you to proclaim that day as Westonka Senior Citizens Foundation Day. Enclosed is the copy of the proclamation. %ha]tk ?~m again for your support in the past and present and let us hope tnaL with the funds collected, the future funding will be secure. Sincerely, Doris LeGau!t President, ~estonka Senior Citi~:ens Inc. DLG/ms WESTONKA SENIOR CITIZENS FOUNDATION DAY OCTOBER 23, 1988 WHEREAS, we need to realize now, more tha. n ever, what a resource our older Americans are, and that the abilities of older Americans to invest our country with their know- ledge, creativity and experience cannot be denied; and WHEREAS, senior centers offer valuable service to the community in providing our senior citizens the benefits of good fellowship, encouragement and support, the opportunity to help themselves and each other, and offering service of access to community services as needed; and WHEREAS, the present membership of Westonka Senior Citizens, Inc. .realizes the insecurity of municipal, state and federal funding for senior centers, and the importance of providing a self-sustaining~source for future generations of Westonka area senior citizens; THEREFORE, we hereby proclaim October 23, 1988 as Westonka Senior Citizens Foundation Day in our community, and urge the initiation of a united effort on the part of the entire community to establish a Westonka Senior Citizens Foundation by which the funds will perpetuate the services to those future older citizens to promote independence and enhance the quality of their lives. SIGNED AND WITNESSED 33 4390 991 33 4392 572 33 4394 153 33 4394 242 33 4394 633 33 442O 573 33 4630 781 33 469O 3O3 33 4750 751 33 4842 752 33 4842 932 33 4844 571 33 4844 871 33 4870 421 33 4870 541 33 5000 183 33 5000 216 .33 503O O63 33 518o 242 33 5180 392 33 5300 245 33 5300 361 33 5390 061 33 5420 121 33 5510 182 33 5540 091 33 5540 151 33 5540 454 33 5540 485 33 5690 .421 33 5870 721 33 5870 931 33 ~5990 752 33 599O 782 33 6080 o61 33 62O2 062 33 6204 542 Delinquent Water and Sewer $102.79 171.42 100.00 102.04 108.66 117.94 t33.24 100.22 155.65, 85.16 126.83 121.14 161.40 75.26 137.99 134.70 126.58 119.63 127.73 147.10 97.63 88.10 182.42 133.37 50.79 123.35 93.96 57.75 97.34 106.80 96.93 97.64 82.97 109.15 151.96 169.74 131.88 10-18-88 33 6204 603 33 6204 812 33 6206 o91 33 6206 121 33 6230 333 33 6230 397 33 6350 o91 33 6350 271 33 6380 304 33 6470 121 33 6470 183 33 6500 062 78.27 178.23 102.78 85.16 94.90 123.66 246.9O 239.32 ~84.06. 182.92 253.52 133.72 $6130.70 October 25, 1988 RESOLUTION NO. 88- RESOLUTION ADOPTING DRUMMOND ROAD STREET IMPROVEMENT ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY # WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: THE IMPROVEMENT OF DRUMMOND RAOD FROM 100 FEET EAST OF AM- HURST LAND TO 100 FEET WEST OF DEVON LANE BY THE CONSTRUC- TION OF A BITUMINOUS ROAD - $4,900.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual in- stallments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 1990, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution un- til December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time on or before October. 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of th~ assessment. October 25, 1988 After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to'the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 CITY OF MOUND Mound, Minnesota NOTICE OF HEARING ON PROPOSED ASSESSMENT: TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Hennepin County, Minnesota wiI1 meet in the Council Chambers at 5341 Maywood Road, at 7:30 P.M. on October 25, 1988, to hear, consider and pass on all written and oral objections, if any, to the proposed assessment on the following parcels of land for: THE IMPROVEMENT OF DRUMMOND ROAD FROM 100 FEET EAST OF AMHURST LANE TO 100 FEET WEST OF DEVON LANE BY THE CONSTRUCTION OF A BITUMINOUS ROAD Pursuant to Minnesota Statutes Section 429.011 to 429.110, all property lying within the above described limits and benefiting there- from is proposed to be assessed. The total amount of the proposed assessment is $4,900.00. The proposed assessment is on file for public inspection at the City Clerk's office. Written or oral obje-- tions will be considered at the hearing, but the Council may consi~ any objections to the amount of the proposed individual assessments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Min- nesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City within 30 days after the. adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific par- cel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding of- ficer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes 435.193 to 435.195, a resolution (#77-420) contain- ing standards and guidelines for deferring the assessments for senior citizens for whom it would be a hardship to make the payments on homestead property. The standards and guidelines are on file with the City Clerk for your inspection. Francene C. Clark, CMC, City Clerk Publish in The Laker October 10, '1988 I f II ~4z4uUo~ ~Io. B~-138 V~'IEREAS,'B ~ f~ b ~v~nt of ~~ l~t~ ~t ~~a~~a~ ~t ~ ~er 4~ ~ ~ ~ ~, ~R~ BE ~ R~L~ ~t ~ ~ ~ 1~ ~t of ~ ~ to, ~ ~ ~ ~ M.S,A. 4~.~5 ~d 429.0~. 3. A ~ of ~ r~ ~1 ~ In t~ offi=~ ~r. ~ f~e~ r~l~ ~ m~v~ ~ ~ll~m~r ~1 ~d~ ~ ~m~r ~n. ~ fol~g ~t~m v~ I~ t~ affl~e: ~l, Jean, ~, J~ ~d ' ~ f~ ~m~m v~ed In ~e ~lve: ~. ~e $m~; ~yor. ~~ C. Q~, ~ ~=~ in The ~er on Ucto~r 3, Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statu~'e 331A.02, 331A.07, and other applicable haws. as amended. B., The printed ,~, '~ ~-/Z~P which is attached was cut from the columns of said newspaper, and was printed and published once each week for successive weeks: It was first published Monday, the ~ day of ~) and was thereafter printed and published every Monday. to and including Monday. the day of 19 Authorized Agent ": £/ '" r.':.:' T .... ~... : "',,.~...:..-' r,;/ Ca ....... F_ ..... · Subscribed and sworn to me on this Notary Public Rate Information (1) Lowest ctassifiecl rate paid by commercial users for compara- (2) Ma×imum tale allowed by law Jot above ma. lt,:' $454 pet (3) Rate aclu~!ly charged Jot above rr.,.:.JteF $.*- ~:4 per ,nc~', Each aoo.tlonaJ successwe week $.3 33 per ,n~h 246 September 27, ' 1988 RESOLUTION NO. 88-~39 RESOLUTION ORDERING THE IMPROVEMENT - DRUMMOND ROAD BITUMINOUS WHEREAS, a petition has been received Signed by all the owners of land to be specially assessed for the following described improvement: THE IMPROVEMENT OF DRUMMOND ROAD FROM 100 FEET EAST OF AM- HURST LAND TO 100 FEET WEST OF DEVON LANE BY THE CONSTRUC- TION OF A BITUMINOUS ROAD. and WHEREAS, the owners of said property abutting thereon and benefited thereby and subject to assessment have petitioned the Council to assess the entire cost against their property; and WHEREAS, under Minnesota Statutes Annotated, Chapter 429.031, the Council has the power to order the improvement without a public hearing, and - WHERE~S, the Council has reviewed said petition and the feasibility of the project with the City Engineer. NOW, THEREFORE, BE IT P~ESOLVED by the City Council of the City of Mound, Minnesota: Such improvements as set out above and for the areas as above indicated are hereby ordered as proposed in the feasibility report at an estimated cost of $4,900.00. The total cost of said improvements shall be assessed directly and entirely upoq the signers of the attached petition. It is hereby determined that these capital improvements are not related to the City's Comprehensive Plan as recommended by the Planning Commission and need not be referred to the Planning Commission. The · foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Jensen. The. following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: city Clerk ,2 7 Septembe~ 27~ ~88 RESOLUTION NO. 85-140 RESOLUTION DECLARING COST TO BE ~ESSED AND .ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, costs have been determined for the improvement of D~um~ond Road from lO0 feet east of Amherst Lane to lO0 feet west of Devon Lane by the construction of a bituminous road and the bid price for such imp~ovements is $4,46~.00, and the expenses incurred or to be occurred in the ma.KLng of such improvements amount to $4~7.00 so that the total cost of the improvements will be $4,9DO. 00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: i. The portion of the cost of such improvement to be paid by the City is hereby deciared to be $1,400.00 and the portion of the cost to be assessed against benefited property owners is declared to be $ :), 500. O0. 0 Assessments shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in Oanuary, 1990, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. The City Clerk, .with the'assistance of the City Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessabIe lot, piece or par=el of land within the district affected, without regard to cash vaIuation, as provided by iaw, and he shai1 fiie a copy of such proposed assessment in his office for pubiic inspection. The Clerk shall, upon the completion of such p=oposed assessment, notify the Council thereof. The foregoingresolution was moved by Councilmember and seconded by Councilmember Johnson Jensen The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and Smith. The following Counctlmembers voted in the negative: none, Mayor/ Attest: City Clerk September 27, 1988 RESOLUTIDN NO. B8- 1~I RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT DRUMMOND ROAD STREET IMPROVEMENT WHEREAS, by a resolution passed by the Council on September 27, 1988, the City Clerk and the City Engineer were directed to prepare a p~oposed assessment of the cost of making street improvements on Drummond Road from 100 feet east of Amherst Lane to 100 feet west of Devon Lane by the construction of a bituminous road; and WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A hearing shall be held on the 25th day of October, 1988, in the City Council Chambers, 5341Maywood Road, at ?:30 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. ~ The City Clerk is he~eby directed to cause a notice of the hearing on.. the proposed assessment to be published once in the official newspaper · at least two weeks prior to the hearing, and she shall state in the notice the total cost of.the improvement. She shall also cause mailed notice to be given to the O~ner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The Owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall.be charged if the entire assessment is paid within ~0 days from the adoption of the assessment. He may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December ~l of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December )l of the succeeding year. The foregoing resolution was moved by Councilmember and seconded by Councilmember Jessen Smith The following Councilmembers voted in'the affirmative: Abe], Jensen, Jess.n, Johnson and Smith. The following Councilmembers voted in the negative: none. May~ 249 September 27, 1988 RESOLUTION #88-141 (EXHIBIT A) PRELIMINARY AS ~SESSMENT ROLL DRLIM~OND ROAD STREET :IMPROVEMENTS TAXPAYER STREET TOTA~L NAME & ADDRESS PARCEL PROPOSED ASSFJSMENT PAUL K AND MARY E 3ERECYZEK 3225 DEV~ LANE SOUTH MOUND, MINNESOTA 55364 MARK AND DEBBIE McCURDY 4818 ISLAND VIEW DRIVE MOUND, MINNESOTA 55364 25-117-24 11 0025 25-117-24 11 0026 LOTS 17 THRU 20, BLOCK 11, DEVON LOTS 4 AND 5 AND W 1/2 OF LOT 3, BLOCK 12, DEVON 1,600.00 950.00 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 25-117-24 11 0149 LOTS 13 AND 14, BLOCK 11, DEVON 950.00 STEPHEN p STRAGNER 4817 HANOVER ROAD MOUND, MINNESOTA' 55364 25-117-24 11 0150 LOT 15,~ BLOCK 11, DEVON 950.00 CITY OF MOUND, MINNESOTA 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 TOTAL ASSESSMENT LOTS 1, 2. AND EAST HALF OF LOT 3, BLOCK 12, DEVON 450.00 $ 4,900.00 251 September 27, 1988 RESOLUTION NO. 88-143 RESOLUTION TO AWARD THE CONTRACT FOR THE DRUMMOND ROAD BITUMINOUS IMPROVEMENT TO G.L. CONTRACTING IN THE AMOUNT OF $4,463.00 WHEREAS, the City Engineer solicited bids for the im- provement of Drummond Road from 100 feet east of Amhurst Lane to 100 feet west of Devon Lane by the construction of a bituminous road; and WHEREAS, the following two bids were received: G.L. Contracting Preferred Paving $4,463.00 $5,265.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby award the contract for the improvement, of Drummond Road from 100 feet east of Amhurst Lane to 100 feet west of Devon Lahe by the construction of a bituminous road to G.L. Contracting in the amount of $4,463.00. The foregoing resolution was moved .by Councilmember Abel.and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen,'Johnson and Smith. The following Councilmembers voted in the negative: none. Mayo~ Attest: City Clerk P & 7_ Case No. 88-732 CITY OF HOUND Mound, Minnesota NOTICE OF PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CENTURY AUTO BODY LOCATED AT 5533 SHORELINE BOULEVARD NOTICE IS HEREBY GIVEN that on TuesOay, October 25, 1988, at 7:30 p.m. at the City Hall, 5341 Maywood Road, Mound, Minnesota, a hearing will be held to consider the issuance of a Conditional Use Permit for Century Auto Body located at 5533 Shoreline Boulevard, Lot 5 and the westerly 50 feet of Lot 6, PID numbers 13- 117-24 33 0008 and 13-117-24-33 0007. Proposed conditional uses include but may not be limited to auto body repair, boat repair, boat trailer building, and welding. All persons appearing at said hearing will be given the opportunity to be heard. " Francene Clark, City Clerk Planning Commission Meeting October 10, 1988 3. Case No. 88-732: 5533 Shoreline Boulevard, Victor Cossette of Arco/Century Co's., Lot 5 and westerly 50 feet of Lot 6, PID ~13-117-24-33-0008/0007; CONDITIONAL USE PERMIT (PUBLIC Applicant, Victor C0ssette was present. Staff Recommendation by City Planner, Mark Koegler: Applicant is seeking a conditional use permit for the following operations: 2. 3. 4. 5. Aut6 Body Repair Boat Repair Bpat Trailer Building and Sales Welding Used Auto Sales .Ar~0/Century is a grandfathered business under the provisions of the .Mound Zoning Code. The purpose of approving a conditional use permit is to allow the owner to obtain financing on the property. More importantly, this permit will finally establish the allowed uses on the subject proper~y and will establish a vehicle for monitoring future business operations on the site. Regarding the sale of vehicles in the Central Business District, staff recommends approval of the conditional use permi~ for Arco/Century, Co's. containing the following conditions: 1. Uses allowed on. the property include only the following: Auto Body Repair Boat Repair Boat Trailer Building Welding .Other Permitted B-1 Uses .2. No flag~, banners .or flashing lights shall be permitted. Additionally, loUd noises or noises over loud speakers shall be prohibited.. 3. The premises shall be maintained in a neat and orderly man- ner at all times. 4. The permit holder shall be prohibited from using the Central Business District parking areas, for storage and repair o~era-' tions. Employee and customer parking in the Central Business District lots shall comply with all Mound parking regulations. Planning Commission Meeting October 10, 1988 5. 'Ail signage shall comply with the Mound Sign Ordinance within 90 days of the date of City Council approval of the condi, tional use permit. 6. Fencing shall comply with Sections 23.415 of the Mound Zoning Code and parked and/or stored items shall not exceed the height of the fence. The property shall also comply with the Performance requirements of Section 7 of the Mound Zoning Code. 7. Ail trash and waste auto parts shall be kept within screened enclosures. '. 8. Gates along fenced storage areas shall remain closed at all times except when access is required for parking or removing vehicles. 9. Hazardous materials shall be discarded in full with all State and Federal requirements. Chairman Reese opened public hearin~ at 8:23 p.m. compliance curt Johnson of 5545 Shoreline Blvd..; who has an office building on the west side of Arco/Century which he purchased in 1979. Fir. Johnson reported problems he has had with Fr. Cossette's business since 198.2, such as: Parking.junk cars, boats, employee and customer vehicles in their parking lot. Parking/storing cars and boats on Auditors Road. Frequent sanding and painting of boats/cars outside which causes dust accumulation on their cars. They were'cited by OSHA for noise. They were cited for admitting fiberglas into the air. Welding outside. Mr. Johnson has been verbally threatened by Mr. Cos- sette. There should be plenty of police department records for violations incurred by Mr. Cossette over the years. Mr. Cossette spoke on Arco/Century's behalf. In response to Mr. Johnson's complaints, he stated they mutually do not like each cther. Mr. Cossette admitted to sanding outside, however is planning on putting up a free standing awning to help eliminate dust. He stated John Elam, former City Manager gave him per~.is- sicn ·to temporarily store six trailers on the back lot (south Planning Commission Meeting .. October 10, 1988 side) amongst some trees and bushes, he does admit he abused the situation. He said they are not the only people that use that back lot for storage. He also admitted they have been sloppy in the past, but have cleaned up the building by putting concrete in the front of the building, and put Up a fence. The Commission asked Mr. Cossette' if he was acquainted with, or had any problems with the nine conditions outlined in the staff recommendation. He replied that he agreed with all of them. Mr. Cossette added t. hat he believed he could sell cars due to ~he grandfather clause and passed out his Minnesota Dealership License and a computer listing of t_he n,~er and valuation of cars sold in 1988 and 1987. Mr. Cossette emphasized how ~por- tent the selling of cars is to his business. Chairman Reese closed the public hearinq at 8:50 p.m. Discussion: The concern of sanding and painting outside was expressed, regulations were not determined. Concern for the appearance of downtown Mound was also expressed. There is no current development plan for this area. MOTION made b~ Sohns, seconded b~ Reese to accept Staff Recommendation with the following modifications to the nine conditions autline~.in the staff recommendation: The prem/ses shall be maintained in a neat and crderl~ manner at all times, there will be no wrecked or damaged vehicles on the propert~ outside of: the enclosed area. The permit holder shall be prohibited from using, the Central Business District parking areas and any public' roads including Auditors Road for storage and repair operations. Employee and customer parking in the Central Business District lots shall comply with the Mound parking regulations. Fencing shall comply with Sections 23.415 of the Mound Zon'ing Code. The property shall also comply with the Performance Requirements of Section 7 of the Mound Zoning Code. Hazardous materials shall be stored in an enclosed building and discarded in full compliance ~ith all State and Pederal re.=uirements.' 10. 'All body work, fiberglas work, and Painting ~ill be performed in an enclosed building area. 11. Combine tax parcels. REED & POND, LTD. ATTORNEYS AT LAW 5424 SHORELINE BLYD, P.O. BOX g MOUND. MINNESOTA 55364-0009 PHONE (612) 472-2222 October 21, 1988 City Council City of Mound Mound, MN 55364 ROGER W. REED PAUL L POND GREGORY S. HAGGE RICHARD N. INDRITZ KAY L DUNN Legal Assistant Dear Friends: I am writing you in regard to the requested conditional use permit at 5533 Shoreline Blvd., Mound - Case No. 88-732. My client, Curtis L. Johnson has observed to his dismay that even though Arco/Century was not sanding or doing other work outside at the moment, nevertheless my client's cars were covered with the usual settling of dust from their operation. Apparently confining their operations indoors is not sufficient. I request that any conditional use permit require that no fumes or particulate matter will be exhausted from the building or allowed to escape from the premises at any time. Ail manufacturing operations should be conducted inside, including spray painting, and whatever filtering of the exhaust system necessary to prevent fumes or particulate matter to escape to the neighborhood should be required. As an illustration as to the seriousness of our concerns, we can tell you that my client has recently been reimbursed by his insurance company for the cost of removing Arco/Century's spray paint from his automobile. It seems more essential that Arco/Century be required to operate in a manner which does not result in any harm to its neighbors than to tell them how to accomplish this. Obviously, though, manufacturing operations including welding and painting outside are not going to be acceptable. Very truly yours, REED & POND, LTD. Roger F'./Reed RWR:bw /85 _ ~{ ~-'.- ~"~ [REVISOR ] CONTROL OF FUGITIVE PARTICULATr.'. MATTER E~,IS 7005.0550 PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE. No person shall cause or permit the handling, use, transporting, or storage of any material in a manner which may allow avoidable amounts of particulate matter to become airborne. No person shall cause or permit a building or its appurtenances or a road, or a driveway, or an open area to be constructed, used, repaired, or demolished without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne. The director may require such reasonable measures as may be necessary to prevent particulate matter from becoming airborne including, but not limited to, paving or frequent clearing of roads, driveways, and parking lots; application of dust-free surfaces; application of water; and the planting and maintenance of vegetative ground cover. MS s 116.07 subd 4 that is considered good engineering practice and accepted by the director. CARS SOLD 1980 1976 CHEV C-10 PU $ 3500.00 1975 CHEV TRUCK 4900.00 1976 FORD RANGER 4X4 4500.00 1976 CHEV MALIBU 1750.00 TOTAL SALES-- 1980 $14650.00 CARS SOLD 1981 1981 1981 1975 1979 1975 1978 CHEV BUICK FORD FORD CHEV OLDS C-10 PU PARK AVENUE MAVERICK MUSTANG CORVETTE CUTLASS $ 3000.00 9500.00 1500.00 2500.00 6950.00 4500.00 TOTAL SALES--1981 $27950.00 CARS SOLD 1982 1982 OLDS CUTLASS CIERA $ 4000.00 1981 OLDS DELTA 88 6500.00 1981 CHEV MONTE CARLO 5900.00 1982 CHEV CAVALIER 4300.00 1982 TOYO COROLLA 3500.00 TOTAL SALES--1983 $24200.00 CARS SOLD 1983 1981 PLYM HORIZON $ 2500.00 1982 PONT 6000 5500.00 1981 PONT LEMANS 5000.00 1983 TOYO CELICA 5000.00 1982 VW RABBIT 5300.00 1983 CHEV CELEBRITY 6000.00 TOTAL SALES--1983 $29300.00 CARS SOLD 1984 1981 DODGE ARIES $ 3500.00 1984 JEEP WAGONEER 13500.00 1984 PONT FIREBIRD 5500.00 1984 OLDS CUTLASS CIERA 6500.00 1984 PONT 6000 6000.00 1983 OLDS TORONADO 9000.00 1980 CAD ELDORADO 7500.00 TOTAL SALES--1984 $51500.00 CARS SOLD 1985 1984 PONT FIREBIRD $ 6500.00 1984 TOYO CONVERSION VAN 11500.00 1985 CAD COUPE DE VILLE 17500.00 1985 OLDS REGENCY 10000.00 1985 PONT 6000 LE 8100.00 1985 BUICK WAGON 8300.00 1985 OLDS CELEBRITY 6900.00 1985 JEEP WAGONEER 13500.00 TOTAL SALES--1985 $82300.00 CARS SOLD 1986 1985 OLDS CUTLASS $'10500.00 1985 BUICK CUSTOM 9000.00 1985 PONT SUNBIRD 6500.00 1985 CHEV CAMARO Z-28 8500.00 1986 PONT 6000 LE 9100.00 1986 OLDS CUTLASS CIERA 6900.00 1985 OLDS CELEB WGN 8000.00 1985 OLDS CUTLASS 9100.00 1985 JEEP CHEROKEE 13500.00 1985 OLDS CUTLASS CIERA 7350.00 1985 CAD LIMOSINE 25000.00 TOTAL SALES-- 1986 $113250.00 CARS SOLD 1988 1988 DODGE DAYTONA 1986 CHEV CAVALIER 1987 OLDS CALAIS 1987 PONT 6000 1985 PONT GRAND AM 1985 OLDS DELTA 88 1988 BUICK PARK AVE 1983 CHEV S-10 ?U 1987 CHRYS LEBARON GTS 1988 BUICK CENTURY 1986 PONT 6000 1984 VW JETTA 1985 PONT TRANS AM 1988 CHEV CORSICA 1986 PONT 6000 1985 FORD RANGER PU 1987 FORD XLT LARIAT PU 1987 CHEV CAMARO 1985 OLDS CUTLASS CIERA 1988 PLYM VOYAGER 1986 PONT 6000 1983 VW RABBIT 1985 OLDS CALAIS 1985 CHEV CAVALIER 1983 CAD ELDORADO $ 8450. 4800. 7800. 7600. 7500. 8800. 16000. 3700. 8393. 10500. 7100. 4900. 9000 8000 7500 3200 13000 7300 5500. 12950. 6000. 3650. 8000. 4500. 8500. O0 O0 OO OO O0 OO OO O0 O0 OO OO OO OO OO O0 O0 O0 O0 O0 O0 O0 OO OO O0 O0 TOTAL SALES--1988 $192645.00 CARS SOLD 1987 1984 TOYO COROLLA $ 4025. 1986 CHEV S-10 BLAZER 10800. 1985 BUICK SKYLARK 4350. 1987 CHRYS LEBARON 7150. 1986 PONT 6000 6450. 1984 TOYO COROLLA 5000. 1979 CHEV CORVETTE 6000. 1986 PONT 6000 6700. 1987 MAZDA 626 9125. 1983 OLDS TORONADO 6800. 1985 PONT FIREBIRD 8550. 1986 FORD TAURUS 9425 1984 FORD TEMPO 3850 1985 OLDS CUTLASS 5800 1986 CHEV CAVALIER 4675 1984 CAD SEVILLE 14000 1985 CHEV CAVALIER 4400 1985 TOYO TERCEL 4200 1987 PONT GRAND AM 8800 1986 CHEV CELEB (EUROSPORT) 6600. 1985 PONT SUNBIRD 5200. 1984 CAD ELDORADO 10500. 1986 OLDS CALAIS 7400. 1985 CHEV SCOTTSDALE PU 6925. 1983 CAD ELDORADO 9500. 1986 OLDS DELTA 88 9850. 1985 CAD ELDORADO BIARRITZ 12450. 1986 DODGE 600 ES (CONV) 7445. 1987 FORD TAURUS 10100. 1985 CHEV CAVALIER 4050. 1985'PONT SUNBIRD 4525. 1986 CAD SEDAN DEVILLE 13800. 1985 CAD FLEETWOOD 12450. 1984 CHEV CAPRICE CLASSIC 3200. 1986 BUICK ELECTRA (T-TYPE) 11500. O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 OO O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 TOTAL SALES--1987 $269970.00 Proposed Resolution Case Number 88-732 RESOLUTION NUHBER 88- RESOLUTION AUTHORIZING 'A CONDITIONAL USE PERNIT FOR COSSETTE PROPERTIES, INC. LOCATED AT 5533 SHORELINE DRIVE, PID t 13-117-24 33 0007 AND 0008. WHEREAS, the City Council on October 25, 2988 held a public hearing pursuant to Section 23,505 of the Mound Code of Ordinances to consider the issuance of a Conditional Use Permit for the operation of an auto body/boat repair facility at 5533 Shoreline Boulevard, PID ~ 12-117-24 33 0007 and 0008; and WHEREAS, the applicant requested approval of a Conditional Use Permit to operate the repair facility and associated uses consistent with either grandfathered rights or the uses identified in Section 23.625.3 of the Mound Zoning Code; and WHEREAS, the Planning Commission has reviewed the request and recommend approval; and WHERE~S, all persons wishing to be heard were heard. NOW, THEREFORE, BE IT RESOLVED b.y the City Council of the City of Mound, Minnesota, that the Conditional Use Permit for the operation of the auto/boat repair facility and listed associated uses is hereby approved subject to the following conditions: 1. Uses allowed on the property shall be limited to: A. Auto Body Repair B. Boat Repair C. Boat TrailerI Building D. Welding E. Sale of Used Autos, Boats and Boat Trailers F. Other Permitted B-1 Uses No flags, banners or flashing lights shall be permitted. Additionally, loud noises or noises over loud speakers shall be prohibited. Display of autos, boats and boat 'trailers for sale shall be limited to the paved portion of the site abutting Shoreline Boulevard. Vehicles for sale shall not' be parked on public right-of-way. 11. ¸12. The premises shall be maintained in a neat and orderly manner at all times. There will be no wrecked or damaged vehicles on property outside of the enclosed area. The permit holder shall be prohibited from using the Central Business District parking areas and any public roads including Auditors Road for storage'and repair operations. Employee and customer parking in the Central Business District lots shall comply with the Mound parking regulations. Fencing shall comply with Section 23.415 of the Mound Zoning Code. The property shall also comply with the performance requirements of Section 7 of the Mound Zoning Code. Hazardous materials shall be stored in an enclosed building and discarded in full compliance with all State and Federal requirements. All body work, fiberglass work and painting will be performed in an enclosed building area conforming to State and Federal ventilation and emission requirements. Tax parcels shall be combined. All signage shall comply with the Mound Sign Ordinance within 90 days.of the date of the approval of this permit. All trash and waste auto parts shall be kept within screened enclosures. Gates along fenced storage areas shall be kept close at all times except when access is required for parking or removing vehicles. DEP ]MEN] OF ENVIRONMENT AND ENERGY 822 Soulh ]hird Street Suile 300 Minneapolis, Minnesota 5541,5 ] N'"EL~ Phone: [6,12) 348-6846 October 21, 1988 CERTIFIED MAIL Nr. Tim Cossette Nr. Vic Cossette ARCO/Century Co. 5533 Shoreline Blvd. l~:Rmd, !~I 55364 Gentlemen: On October 20, 1988, ARCO/Century ¢o. at the location above was visited by Rosemary Lavin of Hennepin County Department of Environment and Energy. The purpose of the visit was to investigate a complaint regarding improper outdoor storage of hazardous waste. Tim Cossette represented ARCO/Century Co. The inspection revealed that ARCO/Century Co. is storing hazardous waste in violation of MN Rules 7045.0219, subp. 5.A.(4) referencing 7045.0292, subp. 1.E. which rec~ires that "outdoor storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment." Parryl Weakley of the Minnesota Pollution Control Agency conducted a complaint investigation of your company on Pecember 18, 1987 and noted the same improper storage in his letter dated January 15, 1988. Betsy ltannum of this office performed a site inspection on January 14, 1988 of your company for the purpose of licensing ARCOas a hazardous waste generator. Her letter dated January 21, 1988 noted the same deficiency in your outdoor storage area and requested that the situation be corrected in~nediately. Accordingly, ARCO/Century Co. is being issued the enclosed citation for violation of ~ennepin County Ordinance Number Seven, section 2.01 and Minnesota [iazardous Waste Regulations Chapter 7045.0292, subp. 1.E - no protection of outdoor storage area from unauthorized access and inadvertent damage from vehicles or equipment. l~dditi~ally, the follo~ is required pursuanttothe inspecti~of~r 20, 1988: Initiate your hazardous waste generator license by completing and su?,~itting to this office a "Waste Inventory" (Form 1) and a separate "Management Plan" (Form 2) for waste paint thinner, paint sludge, spray booth filters, and oil. Paint filters are hazardous if they contain more than the following amounts of toxic metal pigments: barium, 100 mg/1; cadmium, 1 mg/1; chromium, 5 mg/1; lead, 5 lag/1. These are concentrations measured by "extraction procedure toxicity" analysis. Total metals analysis for barium, cadmium, chromium, and lead may be run for screening purposes to reduce tile cost of analysis. If any of the metals show up at high levels, an ~P ~ox analyais HENNEPIN COUNTY on equol o[)[)o~,lnlty' can be done Eot only those metals. You can show the paints used contain any of these metals, or you can analyze a representative batch of filters discarded to sho~ they are non-hazardous, or you the filters to be hazardous and dispose of them accordingly. If you choose to test your paint filters, this should be done at the time you ~uld ordinarily discard them. If you plan to test, please provide this office with that information including a time table of when ~ou plan to take the present filters out of serVice and when the analysis would be Containers used to store hazardous waste must exhibit the following labeling: a "Hazardous Waste" label, a description identifying the contents, and a start date of accumulation. The containers used to store hazardous waste at the time of the visit did not display the starting date of accumulation and a label generally identifying the contents. This must be corrected i~ediately. It is required that weekly inspections be performed of your hazardous ~aste storage area and containers and that these inspections be doc~ent~. It is required by ~N Rules 7045.0626, subp. 4 that containers storing hazardous waste be stored closed except when it is necessary to ~ or remove waste. Several five gallon containers storing waste thinner and a five gallon container of waste oil were obserVed open in your outdoor storage area at the time of the site inspection. This must be corrected i~diately. As we discussed, these small containers should be added to y~ur 55 gallon drums immediately rather collecting them in the outdoor storage area. ARCO/Century Co. has a present a~A continuing duty to comply with the hazardous waste regulations. Failure to cc~ly could lead to further enforcement action. Please respond to the above items by November 7, 1988. If you have any questions, please contact me at 348-8596. Sincerely, - Environmentalist cc: Gregory Lie, Hennepin County Crague Biglow, MPCA Joyce Miyamoto, Hennepin County Attorney September 30, 1987 5545 Shoreline Blvd. Mound, MN 55364 Tel.: (612) 472-4664 472-5353 Century Auto & Marine 5533 Shoreline Blvd. Mound, MN 55364 Attention: Mr. Vic Cossette Dear Mr. Cossette: This will confirm our telephone conversation of September '24, 1987, when I talked to you about the cars in our parking lot being covered with a heavy concentration of fiber glass dust from work you were doing on your property next door to ours. Your workman came over in the afternoon and confirmed that it was fiber glass dust from the work he was doing. You said you didn't care if this was happening and would do nothing to correct the situation. Since September 24, 1987, the cars in our parking lot have been covered with dust from your operation daily, except on the weekend, resulting in having our cars washed on a daily basis. This is to advise you that unless this practice is discontinued, appropriate action will be taken to remedy it. We receive continual complaints from our customers and tenants about your blocking the westbound lane of Auditors Road with cars and boats that are being worked on in the street and are illegally parked there for long periods of time. Monday, September 28, 1987, a car was there on the street from at least noon till 5:00 p.m. and yesterday from 8:00 a.m. until almost'3:00 p.m. when this was reported to the Mound Police Department. This creates a safety hazard for cars traveling on Auditors Road as well as those entering and leaving our parking lot. Sincerel~ yours, ~..~L. /~nson CLJ: c~/ cc: City of Mound Attention: Mr. Ed Shukle, City Manager Mound Police Department Attention: Mr. Leonard Harrell, Chief of Police CERTIFIED MAIL RETURN RECEIPT REQUESTED Telephone: 612/296-6107 '~-8~" February 5, 1988 Victor Cossette, Owner Arco Century Auto 5533 Shoreline Blvd. Mound, MN 55364 SUBJECT: M5611 135-87 Dear Mr. Cossette: An Occupational Safety and Health investigation of your facility was recently conducted by the Minnesota Department of Labor and Industry. A citation was issued to your company which required that a progress report be submitted to this office 30 days after receipt of that citation and every 3D days thereafter until the corrections have been fully made. We have not received all progress reports from you. Will you investigate this matter immediately and correct the discrepancy? If you have any questions regarding this matter, please contact Rita · Nelson at this office at your earliest convenience. Sincerely, Ivan W. Russell, Director Occupational Safety and Health Division IWR:ren Enc]osure Minneso~ta Department of Labor ~.. J Industry S[ P.a~l, MN 55101 Citation and Notification of Penalty The violalion($) ciesrm~ in this curred on or about the ~ the inspection was made unless otherwise indicated within the 10.1._~mpe~__-~n Date(s): __d~c__.riplJon given I~ow. 3. Issuance Dam J4. I~ Numb~ ~ ~ng ID & ~l ID 0~2700 1~611 13587 1 d 2 11. Ir~3ection Site: 10/2§/8? - 10/28/87 g. TO: Arco Century Autobo~y Harine 5533 Star. line Blvd. ~und, 1~ 5536~I 5533 Shoreline Blvd. HDund. HN 5536~ and pay the I pmpoeed, ul within 15 va:xking days (e3ctuHng weekends and legal holidays) from your reCe~pt ~ Itas C/ion you mail ty(~es). If ~q3u wih Io OoflII[ )<)u ~ ~uDmit a kl~e~' to the Deputy C~mmi~aioner I ltle ack:~'i lltx:~ a ~in 15 ~ a ~ ~ ~ ~ I ~ ~ regarHng I~Opoeed I~mi~I). If you ctmeee nol to cor~at lbe ciI~n and dem~aies). ~ey stol de deemeO m be a ~ ~ ~ ~ ~ ~d ~ ~ m ~ I to renew ~ any cou~ o~ ageecy. be reamed m tbe _Oc~__Jp/oea~ Safely and Health Diviaon at t~ a~rees shown witch 15 ~o~Jng c~/s Ioito~ng rece~ o~ ~ nmce (MS § 182~"), _~___~di~io~ 7 ~ Ibe Act Iales: 'Fines mpoeed ur4Jer this act stol be paid to Ihe CommIioner for depoit in tbe general fund and ~ be ~ ~ 12. I~ Number 1~ ~ ~ ~ ~ ~ Vl Mull 1~. S~'~lard, ~I ~ 14. ~ ~ I 0.O0 _'9 C~R 1910.303(b)(1 ): Electrical equipment ~ not fr~..e from ~ecot~nized ~azards that were likely to cause death or serious physical harm to ~n~l o~ees: Immediately Upon Receipt I m~ediately The extension cord which is u~ed to carry 220 volt~ for use with ~rtable welder and the pressure washer. , > Tt~ extension cords which have the ~round over missing. pin removed and the plug CFR 1910.106(e)(2)(ii)= Flammable or combustible liquids were not ;t, or~d in ~anks or closed containers: five t~allon containere of thim~er and other flammable liquids. CFR 1910.107(b)(9): A clear space of not less then 3 feet wes not :ept free from storage on all sides of paint booths: ~,~ sides end ~op of l~e spray booth in t[~ Shop. Upon Receipt 11/23/87 1Z Direclor~ ~Im Ivan Ru~sel l The Law requ,res bhat a copy o~ this citlion ~J'mJI be proml:Xly postd 8~ o~' near each ~ _n~_ _ iha~ an 8Jleged violation interred Io in the Clt/~on occurred. The i mul ramain in th~s (310n lot ~e core.ion ~ 8 violaK)n is unreasonable has the nght to conll any o~ all oi Ihese maa~ ~ ~ a ~ ~ ~ ~ ~ d ~ ~. 'No employees shall be diecharge0 or in any v, ey ~/agmnl t~c___~__me such employee has ~ any complainl ~ ii~ or ~ to be i~/~ ~ 'Under the ~ Occupatxmal Saree/and Hea~ Act, Ihe term 'Working Day" means Mondays Ihmugh Fridays but Ooes n(X include S~um~s, Sundays or S~e I-~ 0.00 Last Pg CITATION AND NOT1RCATION OF PENALTY C~.SI~ F;L~. COP",' MNOSHD-2 (Rev. 1/84)J Minnesota Department of Labor ~.. j Industry Citation and Notification of Penalty Nor~erio~ The violaion(s~ described in this Citai~on are al~ged to have oc- curred on or about the day the inspection was made unless otherwise indicated within the 11. Inspe~on Sds: 10. In_~__Jon Date(s): 10/28/87 - 10/28/87 9. TO: /~'CO Century Aut/obody Marine 5533 Shoreline Blvd. l~)und, 1~1 55364 5533 Shoreline B/vd. Mound, I"ff~l 5536q and pay the penalbes ~pmpoeed____, unless wdhin 15 working days (e3ciuding weekenc~ and legaJ ho~) from your reCa~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ to rev~v by any cou~ o~ agency. (MS § 182~36), _m__ _e~livi~i~3 7 o~ ~'3e Act s~es: 'Flns~ impolied urt~sr Ibis sci I~t~ b8 p8~ to the Co~m~3n~ Ex G~po~t in Ih8 g~811~ tu~ ~ ~ ~ ~ ~ 12. Item Nurnb~ 13. Standard. Regulmio~ or 14. Descn~on ~9 C~R 1910.106(e)(2)(ii)(b)(2): More tlmn 120 gallon~ o£ Ciasa lB, !C, II or Ill flammable or combustible liquids in containers were ~ocated outside o£ inside storaEe roo~ or storaee cabinets: ~ fish. able liquid storage area adjacent to th~ spray booth. :9 CFR 1910.22(a)(1): Places of employmeat ~.~re not kept clean and ,rderly, or in a sanitary condition: ~u~hout the ~hop and storage area alon~ the outside well in the ' CFR 1910.157(e)(3): Portable fire extintiuishers were not subjected an annual maintenance check: ~ ext, ini~uishers in the Shop. 15. Dme tW Which Be Abaled 12/09/87, 11/50/87 11/23/67 0.00 17, D~rect~s S~gnatum 11. [van Eu~sell $ 0.00 'Un(~" the Mim'mm31a Occu~ SaIa~ and Health Ac[ aha term 'Working Day- means ~ through Fa:rays i:~ does rxX i~ ~r~ ~ ~ ~ ~ I CITATION AND NOTIFICATION OF PENALTY CASE FILE COPY MNOSHD-2 (Rev. 1/84)1 DEPARTMENT Labor and Industry STATE OF MINNESOTA Of/ice/Hemorandum T6: Kathle~ Winters, Special Assistant St~~e~n~~ Office FROM:~Le~oy ~--. R~dqui~s~$~ant ~Director OSH Di~vsion " OATE: PHONE: September 19, 19~ 296 8265 SUBJECT: CENTURY AUTO BODY & M~RIN~I~' 1,8475 052 84 The Minnesota Department of Labor and Industry, OSH Division has attempted to contact the above company in regards to an OSH penalty which, to date, has not yet been paid. We have exhausted all means available to our division to collect this fine. I am now turning this case over to your office. Please begin Judgement proceedings as ,soon as possible. Please forward a copy of any letters or judgement papers you send this company to the OSH Division so we may keep our records up-to-date. If you have any question, please contact our office. /lw cc: Centruy Auto Body & Marine Vic Cossette, Manager 444 Lafayette Road ~t. Paut t~innesota 55101 TO: 2· Vic Cossette, Manager CEN773RY AUTO BODY & 5533 Shoreline Drive Mound, MN 55364 JOBSIT£ S&me l')a~e Auc~dst 27t 1984 4. Page I of 1 NOTIFICATION OF PROPOSED PENALTY 6b. Citation No. hem No. You are hereby notified of the proposea penahies fur cltathms of violations at indicated below. You have thc right to contest any or all parts of eJtJ~t the citation(s) or the pto~*ed pcnah).(ics) ot both before the Occupatiunal Safety a.d Hcahh Review Bo~d. ~e Renew Bo~d ~ an ~pen~ qu~-judici~ a~ncy ~th authority lo g~uc decisions regarding citation(s) and proposed penahy(ies). If you w~h to contest, you m~t ~tter to the Deputy Comm~sioner at thc address sho~ above within 15 working days* after receipt of the certified m~ notice rc~in[ ~o~ ~n~cy(ies), If y~ choo~ not lo cuntrst thc c,ation and penalty(irt) as proposed, they shall be deemed to be a final ordcr of the kcview ~ not be ~ub~ect to review by any court or agency. ~ay~ent of ~ pen&ltie~ thorn b to be made by check or money order payable to the order of '*Minnesota Department of ~bor ~yment of pro, ties ~ould be tenfit~ed to ~hc Comm~fioner at th~ addre~ ~own above witlfin 1 S days fo[lo~ng receipt of (M.S. ~ ~ B2.666). ~b~ivhio~ ~ of the Act ltate~: "[:me~ imposed us~der Ibis act shal[ be paid to the Commissioner for deposit ~y be rec~eted ~ a civ~ ~ction ~ the name of thc department brought i. the district court of the coun~ where the violation ~cu~ed or the dU~ict court where the Commglioner has nn office," ~e law tequ~es ~at a copy uti this proposed penalty lhaJJ be promptly posled al or near each place ~al an ~Jeged violation tefened ci~tion occurred. ~e proposed penalty muat remain po~ted until all alleged violations cited therein are conccted, or for ~5 b loner. ~ th day o[ , 19 ci{afio.(~) ~a{ i~ucd {o you in accmdanc. ~i{h {he ~ro~fion~ ~f thc ~nc~o~ ~cupafiou~afe{y and Heahh Ac{ of 1973 heecinal'tc~ referred ~o a~ d~e Ac~. You ~'rc thom noti6e4 of certain uf th{ Act, u ~cificd in fl~a~ YOU A~E HEgE~Y NOTIFICI) ,l~a{ put.ua.{ to thc p~ovi~hm~ of (M.S. ~ 182.66{), ~uhdivi~ion I of {he Act, th~ pcnahy(ic~) ~/~e ~in{ propomcd, ba~cd on thc S~I~S hON-S~IOUS VIOLATION~ ; 7eo42 07 1 VICtI.ATIt )Ng 6c Pml,u~cd Penalty $112.00 7a. 7b. ?c. Citatio. No. Item No. Proposed P~tl~ 1 1 $48.00 1 2 $84.00 1 3 $56.00 1 4 $84.00 1 5 $48.00 1 6 $56.00 1 7 $64.00 1 8 $96.00 I 9 $96.00 T.tal I'ropo~Jcd Penahy fi,r . V,o,a,,o.____: 744.00 Planning Commission October 10, 1988 Meeting Discussion: Adding boat sales and boat trailer sales to the allowable uses was discussed. Limiting the number of objects for sale in the front of the building was also discussed. Sohns moved to WITHDRAW the previous motion, and Reese seconded. MOTION moved by Sohns seconded by Reese to make the same mo- tion as originall~ made amended by the following: to include the addition to allowable uses, f. Sale of Boats and Boat Trailers. Motion carried unanimously. Car sales as a ~randfathered use at Arco/Century were discussed at this point and handled as a separate issue. Mr. Cossette claims that car sales have never been discontinued, and believes the use should be grandfathered. A letter written to Mr. Cossette on April 12, 1984 from the Building Official was reviewed which' stated that the sale of automobiles had expired due to discontinued sales for a period of 12' months, and sales were not to be started again. The City Planner had taken under consideration the files the City had, and in regards to the Building Official's letter of April 12, 1984, there was' no written challenge from Mr. Cossette, so it was assumed that sales discontinued. The Co~mission determined if Mr. Cossette could provide the City %;ith one sales receipt per year since 1978, when he purchased the propertY, they would have to grant the grandfathered Use. MOTION made by Smith, seconded by Jensen to recognize the grandfathered use of automobile sales when it is established that auto sales have continued since 1978. Motion carried unanim,ously. Case will appear before the City Council October 25, 1988. It was stressed to Mr. Cossette to get the automobile sales his- tory to the City as soon as possible. CITY OF MOUND Fee Paid APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) CC: ~4ark Koegler Street Address of Property 5533,Shoreline Drive Legal Description of Property: Lot 5 & the w'ly 50' Lot.6 Block 13-117-24 33 0008 Addition Auditor's S9~x~ivision ~170 PID No. 13-~17-2a 33 0007 · 0wner's Name Victor G. Cossette Address 5471 Moline Rd., Maple Plain, ,4_N 55'359 Day Phone No.(6~?) 472-1855 ... Applicant (if other than owner): Name ' Ad.dress Day Phone No. Type of Request: *If othec., specify: Variance (4X) Conditional Use Permit Zoning Interpretation & Review ~etland Permit ( ) P.U.O. (.) Amendment ( ) Sign Permit ( )*Other Present Zoning District BCl~ Central business District Existing Use(s) of Property **see attached Form I Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? ¥~3 If so, list date(s) of list date(s) of application, action taken an~ provide Resolution No.(s) Copies of previous resolutions shall accompany present request. ! certify that all of the above statements and th~ statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining a'nd ~emoving such .:notices as may be required by 1~., . Signature of Applicant Date · Planning Commission Recommendation: Approved: see cond ±ions in minu~es. Date 1C-10-$~ Council Action: Resolution No. 'Procedure for Conditional Use Permit (2) D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction. F. Any additional informatlon as may reasonably be requlred by the City Staff and applicable Sections of the Zoning Ordinance. III Request for a Conditional Use A. All informationrequ~sted below, a site plan as described in Part !1, and a development schedule providing'reasonable guarantees for the completion of the construction must be provided before a hearing will be scheduled. B. Type of development for which a Conditional Use Permit is requested: l.' Conditional Use (Specify):I ~o Development I 2.-Current Zoning and Designation in the future Land Use Plan for Mound B-l, Central business DJ ~trict. C'. Development Schedule: 1. A.development schedule shall be attached to this application-providing reasonable guarantees for the completion of the proposed development. 2. Estimate of cost of. the project: $0 --existinq use D. Density {for residential developments only): 1, Number of structures: 2. Dwelling Units per Structure: a. Number of type: Efficiency. ' 2 Bedroom 3. Lot area per dwelling unit: 1 Bedroom Bedroom 4. Total' lot area: IV. Effects of the Proposed Use Am List impacts the proposed use will have on property in the vicinity, in- cluding, but not limited to traffic, noise, 1.ight, smoke/odor, parking, and, describe the steps taken to mitigate or eliminate the impacts. **See attached Form II 3030 Harbor Lane North BiOg. II, Suite 104 Minn~spolis, MN 554~7-2175 612/553-1950 PLANNING REPO~i TO: Planning Commission and Staff FROM: Hark Koegler, City Planner ~ SUBJECT: Conditional Use Permit DATE: October 4, 1988 APPLICANT: Victor Cossette - Century Auto Body.(Arco/Century) LOCATI,ON: 5533 Shoreline Boulevard CASE NUMBER: 88-732 · VHS FILE NUMBER: 88-310-A19-ZO EXISTING ZONING: B-1 (Central Business. District) COMPREHENSIVE PLAN: Commercial BACKGROUND: Century Auto Body is applying for a conditional use permit~ as the result of requirements imposed as part of a recent financial transaction. Due to .timing, the City Council considered a reversionary interest release for Arco/Century Inc. at its meeting on September 27, 1988. That consideration included a base set of ~onditional use permit requirements that were prepared by my office and the Building Official. The item is now before the Planning. Commission for formal review of the permit application and final action will occur before the City Council. Century is seeking a conditional use permit for the following operations: 1. Auto Body Repair 2. Boat Repair 3. Boat Trailer Building and Sales 4. Welding 5. Used Auto Sales 6. Miscellaneous Boat Sales This property has been the subject of at least three resolutions in the past (65-298, 65-222 and 78-488). On April !2, 1984, the Building Official notified the applicant that sales of automobiles which was allowed under resolution 78-488 had Peen discontinued for over one year and was no longer allowable on the. property without issuance of a new conditional use permit. Additionally, the applicant was notified that the sale of boats and trailers was not allowed under the conditional use permit. Of the uses proposed for the property, sales of automobiles, boats and trailers causes the most concern. T'he Hound Zoning Code allows boat and marine sales in the B-1 zone by conditional use permit but does not allow the sale of automobiles under any circumstance. Sales of any of these types of vehicles is a concern both due to the location of the property and due to the configuration of the business. Century is located in the heart of the Mound CBD. Therefore, it plays a major role in the public's perception of downtown Mound. Thus, the appearance of any of the businesses in the downtown area is a legitimate public concern. The Century site contains a building flanked by two fenced storage areas, all of which are setback approximately 30 feet from the right-of-way .for Shoreline Boulevard. Sales of'vehicles requires display space.. Due to the configuration of the property, the only location for display is one.line across the entire frontage of the property. This area will accommodate approximately nine vehicles if on-site customer and employee parking needs are completely ignored. A line of boats and trailers for sale immediately adjacent to Shoreline Boulevard in downtown Mound does not seem to convey an image consistent with current redevelopment and revitalization efforts in the CBD. The other pro'posed uses involve the building of boat trailers, repair of boats and body repair of automobiles. Assembly operations (trailers) and minor auto repair are allowed uses in the B-1 zone. by Conditional Use Permit. In previous cases, boats and automobiles have been categorized as the same type of use. Major auto and. boat repair which includes body work is presently not allowe~ in the B-1 zone as either a permitted use or a conditional use. Body repair seems to be the major component of Century's business. Although clearly not an allowable use under the present code, body repair is a "grandfathered use" which is allowed to continue, providing it is not significantly intensified or terminated for a period of time exceeding one year. RECOHMENDATION: Century is a grandfathered business under the provision's of the Hound Zoning Code. The purpose of approving a conditional use permit is to allow the owner to obtain financing on the property. Hore importantly, this. permit will finally establish the allowed uses on the subject property and will establish a vehicle for monitoring future business operations on the site. ,Hs5 Based upon the concerns noted in this report regarding the sale of vehicles 'in the CBD area, staff recommends approval of a conditional use permit for Arco/Century, Inc. containing the following conditions: 1. Uses allowed on the property include only the following: A. Auto Body Repair B. Boat Repair Boat Trailer Building Welding E. Other Permitted B-1 Uses 2. No flags, banners or flashing lights shall be permitted. Additionally, loud noises or noises over loud speakers .shall be prohibited. 3. The premises shall be maintained in a neat and orderly manner at all times. 4. The permit holder shall be prohibited from using the Central Business District (CBD) parking areas for storage and repair operat'ions. Employee and ~ustomer parking in the CBD lots shall comply with all Mound parking regulations. 5. All signage shall comply with the Mound Sign Ordinance within 90 days of the date of City Council approval of the conditional use permit. 6. Fencing shall comply with Sections 23.415 of the Mound Zoning Code and parked and/or stored items shall not exceed the height of the fence. The property shall also comply with the Performance Requir~ements of Section 7 of the Mound Zoning Code. 7. All~ trash and waste auto parts shall be kept within screened enclosures. 8. Gates along fenced storage areas shall remain closed at all times e~cept when access is required for parking or removing vehicles. 9. Hazardous materials shall be discarded in full compliance with all State and. Federal requirements. ~as~ i-~o 88-73; 7. ~xisting Use(s) of Property: Auto Body ~epair Boat ~epair boat Trailer Building & Jales ~elding Used ~uto ~ales (l~N Dealer ~905'1) L~liscetlaneous Boat Sales (10 per year or less) Case No. 88-732 It seems in the Spring when the boats are being preped for the water and in the f'ail being prepea for Winter storage, we get too many boats on hand and abuse the back lot. We now have a storage lot where we can park our overflow. At one time we were allowed to park some (6) boat trailers in the back lot by the trees. In lieu of the fact that for days at a time a cement company, t~ cabinet shop, Longpre's, other business' and especially eighteen wheelers parked there for long periods of time. I might mention that very few residents use the back lot for daily parking. In 1984 one of our employees did work on his wood boat in the back parking lot and we received a letter in regards to this isolated situation%. This is the only time that I'm aware of anybody working in that lot. we plan on building a free standing awning in our West lot where we work in the Summer time which will hold down the dust in that area. We will do a better job of housekeeping in the dumpster area and along nuditors ~oad. With money being available, we are hoping to remodel the front of the building and paint in the Summer of 1989. we will try and do a better job of parking vehicles, etc. in front of the building to give a better appearance. Case No. 88-732 Certificate of Su~ey for Century Auto ~n ~ot~ ~ and 6 Anc~tor's Subdiv~e~on ~o. 170 ~ennertn County, Minne~ot~ I hereby certify that this is a true and correeb re:;r,ser!~tlon of a s~zrvey of the boundarie~ of ~t S and the Westerly 50 feet of ~t 6, Auditor's Su~!vision 170 Henne~n cowry, ~nncsnta, and the location of all existin~ buildings thereon. It does not ~:urport tn show other i~provements or encroachments. Scal~,: i" = 3C' Date,. : 11-22-83 o : l~,n r~mrker OOR~!~ R. COFFIN CO., Mark $. Gronberg Reg. Land Surveyors and ?lar~ners Lone ~.ke, MJnne~-ot& :~ART ':F :'3 i?£:iS DODGE i 9S6 CI-..ILEV ]. 9 8'7 F::' 0 N'T' ~. '?oo F'(]NT 1985 F'L]N'T i?'S5 OL. DS DAY'":"ONA CAVAL I CAL. A ! S 6 0 0 GRAND AN F'ARK AVE S'--' i 0 F:'U L..EB&RON G'TS C E'. N'f' U R V 6000 JETTA 'TRANS Aid 6000 F,: A NGEi::;: PU XL.T LARIAT PL.i C A M A R 0 CUTLASS (.'_'.' I ERA C A L A i S E L i) 0 R A D 0 4800.00 ',7 (5'::)("). (')(') '760 C . ,:3 7500 ,, 37' ()0 ,, 0 ,:;) 1 ,:.} 5C, 0. 49,:]:,,:]. 8000.0,:} ./,J ,... ,...~ ,, '.},".) i 3,:} 00. ,'"~ ¢"i 730.:}. 0() 5 500. ,.']10 6000. 365(). O0 S,:) 0 ('i ,. {g 5,:},:}. 00 0c.tt,ber 2z~, 1978 Courtc~ ]rnurhber S~,aen'~(ar~ mov,.c? t}~c. f'r~l lc~wir~j RESOLUTI0~ NO. 78-li88 RESOLUTIOH TO CONCUR WITH THE RECONF~E~DATION OF THE PLANNING COHHISSION TO gRANT THE SPECIAL USE PERHIT AS REQUESTED ~ITH ADDITIONAL STIPULAflONS ~HEREAS~ o~ner of property described a5 Lots ~ and part of Lot 6, Auditor,s Subdivision F~70, have: applied for a sp{.cla] use permlt~ and ~IHEREAS, said property a]thout~h ;'oned Commercial doe~ not specify the sale of automobiles, and a special use permit i~. necessary, and ~HEREAS, a public hearing is n(~cessary before ~xaid permit can be issuea. NO,t, TIIEREF , ORE, BE I'F RESOLVED BY THE CITY EOI~r~CIL OF TIlE CITY OF HOUND /4OUHD, M!HNESOTA: , That Council concurs with the recommendation of the Planning Commission ~o grant the Sr, ecia] U~:e Permit as requested with addltiona] st;puiat;,:-ms. Sa~d stipuiat~ons are: That sa]es be limited to not more than ]2 cars on sale at one time. That the gravel, ed area a]on[~ .Shoreline Blvd. be blacktopped or covered with concrete and sidcwa]k be repaid'ed or reconstructed, where damaged, .. as specified by Eng That no flags, banners or f]a~t~ing ]iohts be permitted; also no loud noises or noir, es over- l(,ud r, peakers be: pe~-r~it-ted. The premises be ~aintained ~n a neat c~nd ord,zriy manner That the permit hold,-t:- be prohibited from u~inq th~ C.B.D parking area for ~:tora[le of cars for sale. ' ' The moti6n for the adoption df thc: foregoinfl resolution was duly seconded by Councilmembev.Fenstad, and upon vote being taken in9 voted against the same, none; wliel'elJ[)on and adopted, signed.by tl~c Nayor ;~nd his fii~l~l,'tl~r~: ,,l lulled by the City Clerk. ~"::;:e'"t~j/ [~ity C!c.F'~: .... s/Tim lovaasen yo r P&Z Case #88-733 HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED STREET VACATION: "ALLEY BETWEEN AVON DRIVE & AVON DRIVE," ABUTTING LOTS 7, 8, 9, lO, Il, 12, & 13, BLOCK 4, SHIRLEY HILLS UNIT B. TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT the City Council of the City of Mound will meet at the City Hall, 5341 Maywood Road, Mound, Minnesota, at ?:30 p.m. on the 25th day of October, 1988, to con- sider the vacation of the Following: Alley between Avon Drive & Avon Drive, abutting lots 7, 8, 9, 10, 11, 12, & 13, Block 4, Shirley Hills Unit B. Such persons as desire to 'be heard with reference to the above will be heard at this meeting. Francene Clark, City Clerk \ ~AVON. RESOLUTION NO. 88- RESOLUTION VACATING CERTAIN STREET EASEMENTS OVER PART OF THE ALLEY IN BLOCK 4, SHIRLEY HILLS UNIT B AND RETAINING FOR THE CITY A DRAINAGE AND UTILITY EASEMENT WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may by resolution vacate any street, alley, public grounds, or public way, or any part thereof, when it appears in the interest of the public to do so; and WHEREAS, the City of Mound has claimed a street and utility easement over the following described land: The alley adjacent to Lot 7 in Block 4, as donated and dedicated to the public and shown on the plat of "SHIRLEY HILLS UNIT B", according to the recorded plat thereof, Hennepin County, Minnesota; WHEREAS, a public hearing was held on October 25, 1988, as required by law; and WHEREAS, it has been determined that good area planning requires that this easement be vacated and that a drainage and utility easement be retained and that it would be in the public interest to do so. NoW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby vacates: That part of the alley in Block 4 as dedicated in the plat of SHIRLEY HILLS UNIT B according to the recorded plat thereof lying between the southeasterly extension of the northeasterly, line of Lot 7, Block 4, SHIRLEY HILLS UNIT B and the southeasterly extension of the southwesterly line of said Lot 7, except the City of Mound shall retain a permanent drainage and'utility easement over said vacated alley. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recorded in the office of. the County Recorder and/or the Registrar of Titles as set forth in U.S.A. 412.851. Planning Commission Meeting October 10, 1988 4.a. Case No. 88-733: Alley between Avon Drive and Avon Drive, Joel Dokken, Shirley Hills Unit "B", Lots 8, 9, 10, 11, 12, Block 4, PID ~24-117-24-12-0018; VACATION (PUBLIC HEARING). 4.b. Case No. 88-728: Avon Drive and Park Lane (5042 Avon "Drive); Joel Dokken; Shirley Hills Unit "B" Lots 8 9 10 ' , , , 11, 12, Block 4, PID ~24-117-24-12-0018; MINOR SUBDIVISION: CONTINUATION FROM SEPTEMBER 26, 1988 MEETING. Applicant, Joel Dokken, and a concerned neighbor, were present. Donna Smith Recommendation by City Planner, Mark Koeqler:. Mr. Dokken's request to vacate the__subject alley has been reviewed by the City Engineer, and due~A%he property owner of lot 13 using the alley for driveway access on the proposed Parcel B side, he is recommending that the alley on the proposed Parcel A -side only .be vacated (shown on Exhibit 2). The proposed ParCel A would be 10,000 sq. ft. and Parcel B would be 12,099 sq. ft. The existing structure on Parcel B is presently nonconforming to the rear yard, it has a set back of 26' and should be 30', which would need the recognition of a 4' variance if that alley is not vacated~ It is the City Engineers recommendation that that alley not be vacated. Staff referred to Exhibits i and 2 which shows the setbacks and' proves the lot is buildable, it meets the minimum building code requirements for a structure which is 840 sq. ft. If the alley were to be vacated on Parcel A it would allow a larger house to be bdilt and be more conforming to the surrounding neighborhood. There'is a home on lots 6 and 7 which has a nonconforming garage, which would become conforming if the alley was vacated. Chairman Reese opened public hearinq at 10:05 p.m. Donna Smith of 2531 Avon Drive commented that she was a concerned neighbor and was attending to find the reason, for the vacation. Ms. Smith said she originally wanted to buy the subject Parcel A to keep it. as a vacant lot and use as a neighborhood park area. Ms. Smith'was shown Exhibits 1 and 2. Joel Dokken had no comments. Chairman Reese closed Dublic hearinq at 10:11D.m. Planning commission Meeting October 10, 1988 MOTION made b~ Smith, seconded b~Me~er to approve the vaca- tion according to John Cameron,s recommendation. Motion carried 7 in favor, 1. opposed (in favor: Reese, Thal, Hichael, Smith, Anderson, Sohns, and Jensen; opposed: Me,er). 4.b. Case No. 88-728: MINOR SUBDIVISION. Recommendation by City Planner, Mark Koeqler: staff recommends to approve the minor subdivision subject to the following conditions: 1. Driveway access for Parcel A shall be from Avon Drive. The applicant shall pay one park dedication fee at the time of building permit issued for Parcel A. All applicable unit charges shall be paid. · City Engineer is to review and approve utility connections for Parcel A. Se A 4' rear yard setback variance shall be granted for the ex- isting house on Parcel B. The applicant shall immediately complete a variance application· and remit the appropriate fee. The applicant is to prepare and submit a new certificate of survey subject to the vacation access approval by the City Council. MOTION made by Smith, seconded by Anderson to approve the staff recommendation. Motion. carried 7 in favor, i opposed (in favor: Reese, Thal, Michael, smith, Anderson~ Sohns, and Jensen; opposed: Meyer). Case Will be heard by the City Council October 25, 1988. The Commission informed Ms. Smith that if the vacation is ap- proved by the council her garage will become conforming. 71-~28 ll-~-T1 RESOLUTION NO. 71-]28 RESOLUTION GRANTING SIDE YARD VARIANCE (Lots 6 & 7, Block 4, Shirley Hille Unit B) the owner of. Lots 6 & 7, BloCk 4, Shirley Hills Unit B hms asked for a variance to place a garage, and the Planning Commission has recommended that the lO-foot eide yard requirement be reduced to six feet, and there exists a 14-foot alley instead of a 12-fo°t alley as presented to the Planning Oomm~ssion, NOW, TwEww~ORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUI~, MOUND That a variance be granted allowing a eide yard of fou~ feet 'instead of the ,required 10 feet. Adopted by the Council this 9th day of November, 1971. McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 1,5050 23r0 Ave. N. Teiepl3one Plymouth, MN 612/476-6010 55447 October /4, 1~88 Engineers Planner5 Su~eyors Ms. :)an Bertrand, Planning and Zoning City of Mound 5~41 Maywood Road Hound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Vacation of .Alley in Block 4 Shirley Hills, Unit B Case 88-7~ MFRA #2113 Dear gan: As requested, we have reviewed the proposed alley vacation and have the following comments and recommendations: We have field inspected the proposed vacation with Geno Hoff of Rublic Works and yourself, and we are all in agreement that only the portion of the alley adjacent to Lots 7, 8, 9 and 15.6' of Lot lC, Block 4, should be vacated. The'Owner of.Lot 13 is using the alley adjacent to his property as a ~riveway. This appears to be the only access presently available to him, without a major disruption of his property. If, at a later date, he should elect to build a garage, then his use of City property for a driveway should be addressed at that time. We also looked at the possibility of vacating the platted alley which runs north to Glendale Road (platted as Edgewater Drive), but the same condition exists here with a driveway to a garage located on the parcel comprised of Lots'. l, 2 and 3, Block 4. We also suggest that whatever portion of alley is vacated that the City retain a drainage and utility easement over the entire vacated portion. Since one half of the vacated alley would go to the adjacent lots, no hardship'would be created by the City keeping this easement. Enclosed is a copy of a portion of the original plat which shows the alleys in Block 4. We, therefore, recommend vacation of the alley adjacent and between Lots 7, 8, 9 and 15.6 feet of Lot 10, Block 4, Shirley Hills Unit B, De approveO, subject to the City retaining drainage and utility easements. If you have any questions or need additional information, please contact US. Very truly yours, JC:jmj McCOMBS FRANK ROOS ASSOCIATES, iNC. Joh~ Cameron I APPLICATION FOR, STREET VACATION CASE NO. CITY OF HOUND FEE $150.00 , APPLICANT ~OC--F'- ~-, ~c)J(~ ~d/~) ............. DATE LEGAL DESCRIPTIO~ OF PROPERTY OWNED BY. APPLICANT: PlO LOT ~ /'g.?~ BLOCK '~ SUBDIVISION STREET TO BE VACATED /4)~a_'~'~ '~"- ............. REASON FOR REQUEST 3~_~ ~ b~'~l&?or~'' ~--f~'" ~ 7~s · ~~' , /~,(--,; 6~t-/~' TEL. NO. "~(--~'7¢7 · Appllcantls Interest Jn Property' · ~--~~'~-~,~ Residents and owners of property abutting the street to be vacated: (Please:attach lis:.-Certlfled mailing list'can.be obtained from Hennep|n County by calling 3~8-3271') Recommended by Utillties: NSP ; Hinnegasco ; Continental Telephone Recommended by City: Public Works ; Fire Chief ; Engineer ; Police Chief ; Other Departments, Planning'Conmission Recommendation: Ap'proved v~cation per Exhibit ~ ©hiV (1/2 of ~ltoy). iouncil Action Date Resolution No. ' Date : I support Donna and Gerald Smiths' views that the alley that adjoins their property on 2531 Avon Drive not be vacated on October 25, 1988. 1o 6 7.'z "~ ~ ~ ,, I support Donna and Gerald Smiths' views that the alley that adjoins ¥ their property on 2531 Avon Drive not be vacated on October 25, 1988. 10. 11. 12. 13. 14. 16. 17. 18: it. ,/ Case No. 88-733 UNIT D Z PARK OCT I 3 988 ' . CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Date Filed lI~_ ~1'~ 1. Street Address of Property 2. Legal Description of Property: Lot Addixion ~/.~ ~.L¥' //~,' 3. Owner's Name ~'~-- ~-. Address ~??~ ~-. ~~e/~ /~/ ~. Applicant (if other than owner): Day Phone No. Name Day Phone No. Address Type of ReqUest: / (~/) Varlance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. *If other, specify: ( ) Amendment ( ) Sign Permit ( )*Other 6, Present Zoning District ~ ~-/ 7 sting Use(s) of Property. 8. Nas an application ever been made for ~oning, variance, or conditional use permit or other zoning procedure for this property? /..~O If s~, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in thi-s application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be.required by law. 'Signature of Applicant . ~'~k[ Date /'O ~/~-~/ Planning COmmission RecOmmendation: Date il Action: Resolution No. Date 4/82 #150 73' Request for Zon.l.ng Variance Procedure (2) Location of: Signs, easements, underground utllitles, E. Indicate North compass direction F. Any edditlonal Information as may reasonably be required by the Clty Staff and applicable.Sections of the Zonlng Ordinance. Zonln~ Variance AIl.lnformatlon below, a slte plan, as described In Part II, and general application must'be provided before a hearlngwIll be scheduled. Does the present use of the property'conform to a~ use regulations for the zone dlstrlct In which It Is located? Yes ( No ( If "no", specify each ~on-conforml. ng use.: I1'1'. Request for a Be Ce Do the exlstlng structures comply wlth'a11 area helght.and bulk egulatlons for the zone district in which It Is.located? Yes (tx} No' ( ~ If.~no", specify each non-conforming use: D. ~hlch unlque physical characterlstlcs of the subject property brevent it; reasonable use for any of the uses.permitted In(that zoning dlstrlct? ( ) .Too narrow (.) Topography $oI~ · . '( ). Too. small ( ) Drainage. ( ') Sub surface .. " (v~. TOO shal!ow ( ) Shape ( ) Other: Specify= Was the hardshlp d~scrlbed above created by the action ot~ anyone having property i.nterests in the land after. ~he Zonlng Ordinance was adopted? Yes ( ) Ho ('~ If yes, explaln: F. Was the hardship created tlon of a road? Yes ( ~y any'?t~r man-made change, such as the reloca- No 'If yes, explain: I;. Are the conditions of ha'rdshlp for which you request a variance peculiar only to the property described In this petition? Yes If no, how many other properties are similarly'affected? H. What Is th~ ~smlnlmum" modification (variance) from the area-bulk regulations that wlii permit you to make reasonable use of your land? (Specify, using maps, site plans wlth dimensions and written explanation. Attach additional sheets, if necessary.) . I. W111 granting of the variance'be materially detrimental to property In the same zone, or to the enforcement of thls ordinance? APPLICATION FOR SUBDIVISION OF LAND $6 c. 22,03- ~ VILLAGE OF MOUND FEE OWNER A. t(nobloch PLAT PARCEL divid~h /4, gOqZ ~on Dr i AIl supportln~l documentst such as sketch planst surveys~ attachments~ etc. must be submitted In 8~" X I1" size and/or 14 copies plus one 8½" X 11" copy, (attach survey er scale drawing shewing edjKent Itreets, dime~li~ e! prepeled building lites, iqulre f~t erei of Inch new parcel designated by e. xf~aer} · A WAIVE8 IN LOT SIZE IS REQUESTED FOR: New Let Ne. Fr~ Square feet TO Square feet RellOll: / ~,~_~.,.,~ TEL..o..7 ?~- 3 7~'? PLANNING COMMISSION RECOMMENDATION: Subdivision approved subject ?o the conditions set forth in The staff recommendation. DATE 10-10-88 COUNCIL ACTION Reaolution No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOF.TAXESBY THE FEE OWNER WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID.. M^~,ED T0 ,A,~ ~oE~, ~-~-~. p~ ~',,~, ,..~.-,,..n~.'.~.,, o~_~ ,,,~F~o ,..,.,,,.,' 3030 Harbor Lane North Bldg. II, Suite 104 Minneapolis, MN 55447-2175 612'553-195O PLANNING REPOET TO: Planning Commission and Staff FROH: Mark Koegler, City Planner~ DATE: October 4, 1988 SUBJECT: Minor Subdivision APPLICANT: LOCATION: Joel Dokken Ralph V. Reeves - Contract Holder Donald A. Knobloch - Fee Owner Avon Drive and Park Lane CASE NUMBER: 88-728 VHS FILE NUMBER: 88-310-A18-ZO EXISTING ZONING: R-1 COHPREHENSIVE PLAN: Single Family Residential BACKGROUND: This it'em was the subject of two previous staff reports, one dated September 20, 1988 and the other dated September 27, 1988. Both of those previous reports are being replaced by this planning report. On September 26, 1988, the Planning Commission reviewed this minor subdivision request and tabled action until a potential alley vacation could be analyzed by staff. At this time, the City Engineer is looking into the potential of vacating the alley and will prepare a separate report for the Planning Commission on this issue. The potential alley vacation was discussed in the context of the review of Parcel A (developers .certificate of survey dated 7/15/88). Parcel A as proposed contains 10,000 square feet of area Put has limited building area due to public .~ight-of-way on three sides. Parcel A as originally proposed can contain a conforming single family residence which meets minimum square footage Proposed Resolution Case No. 88-728 RESOLUTION 88- RESOLUTION WAIVING REQUIRENENTS OF SUBDIVISION ORDINANCE FOR SHIRLEY HILLS UNIT B, LOTS 8, g, 10, 11 AND 12, BLOCK 4, PIDI 24-117-24-12-0018 AND RECOGNITION OF AN EXISTING REAR SETBACK VARIANCE FOR PROPOSED PARCEL B. WHEREAS, the applicant has applied to waive the requirements of the subdivision ordinance and recognition of an existing 4 foot rear setback variance for Proposed Parcel B as shown on the Certificate of Survey dated 7/15/88; and, WHEREAS, the subject property is located within the R-l, Single- family zoning district, which according to city code requires a 30 foot rear setback because of an existing alley; and, WHER~'AS, the Planning Commission has reviewed the request and does r'ecommend approval of both the waiver and the variance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: That the requirements of. the Ordinance of the City of Mound, Section 330:15, relating to the conveyance of parcels of land · are hereby waived to permit conveyance in a manner generally described as follows: ' · PARCEL A All of Lots 8 and 9, and that part of Lot 19, Block 4, Shirley Hills Unit B, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of the following described line: Commencing at the southwesterly corner of said Lot 10: thence northeasterly along the northwesterly line of said Lot 10 a distance of 16.67 feet to the point of beginning of the line to be described; thence southeasterly, deflecting to the right from said northwesterly line, an angle of 90 degrees, 07 minutes, 10 seconds for a distance of 56.00 feet; thence southeasterly, deflecting to the right from the last described line an angle of 12 degr. ees, 55 minutes, 20 seconds a distance of 50.35 feet more or less to the southeasterly line of said Lot 10 and said line there terminating. PARCEL B All Of Lots 11 and 12, and that part of Lot 10, Block 4, Shirley Hills Unit B, according to the recorded plat thereof, Hennepin County, Minnesota, lying southwesterly of the following described line: Commencing at the southwesterly corner of said Lot 10; thence northeasterly along the northwesterly line of said Lot 10 a distance of 16.67 feet to the point of beginning of the line to be described; thence southeasterly, deflecting to the right from said northwesterly line, an angle of 90 degrees, 07 minutes, 10 seconds for a distance of 56.00 feet; thence southeasterly, deflecting to the right from the last described line an angle of 12 degrees, 55 minutes, 20 seconds a distance of 50.35 feet more or less to the southeasterly line of said Lot 10 and said line there terminating. AND The applicable portion of the vacated alley lying immediately northwest of Lots 8, 9 and part of Lot 10. Driveway access for Parcel A shall be from Avon Drive. The applicant shall pay one park dedication fee at the time of building permit issuance for Parcel A. All applicable unit charges shall be paid. The City Engineer shall review and approve utility connections for Parcel A as there is no sewer or water service at this time. The applicant shall prepare and submit a new certificate for survey reflecting vacated alley areas and language acceptable to the City Engineer. The City does hereby recognize the ex'isting nonconforming principal structure rear setback at Avon Drive and Park Lane, PID# 24-117-24 12 0018 with an approximate setback of 26 feet. ' The City Council recognizes the existing structural setback violation pursuant to Section 23.404, Subdivision (8) with the clear and expressed understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. This variance is being granted for the following legally described property: Parcel B as proposed on the developers certificate of survey dated 7A15/88. 10. This variance shall be recorded with the county recorder or registrar Of titles in Nennepin County pursuant to Hinne$ot~ State Statutes, Section 462.~$g5, Subdivision (4). This~shall be considered a restriction on how this property may be used. The property .owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. The building permit~ for Parcel A shall not be issued until proof of recording has been filed with the City Clerk. 11. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. requirements for floor area (840 sq. ft.). Exhibit 1, prepared by staff, depicts the required setbacks. This configuration results in a total building area of approximately 1790 square feet. If the alley that borders Parcels A and B can be vacated, one half of the land area will be attached to each of the parcels. More importantly, the removal of the alley will make the existing structure conforming (rear setback) and will significantly expand the building area of Parcel A. Exhibit 2 shows the required setbacks assuming that the alley is vacated. This configuration results in a building area of approximately 4490 square feet which can easily accommodate a new single family structure. RECOMHENDATION: Since the status of the' alley vacation is unknown at this time, this report presents recommendations in two forms. If the alley vacation is denied, approval of the minor subdivision is recommended since Parcel A meets all of the requirements of the Hound Zoning Code. This approval is subject to the following conditions: Z'zi. Driveway access for Parcel A shall be from Avon Drive. ~/~. The applicant shall pay one park dedication fee at the time of building permit issuance for Parcel A. J3~ All applicable unpaid unit charges shall be paid. //~. A 4 foot rear Yard setback variance shall be granted for the existing house on Parcel B. The applicant shall immediately complete a variance application an remit the appropriate fee. /~5. The applicant is dividing'the property with full knowledge of the setback constraints on Parcel A. FUture setback variances for Parcel A will not be recommended for approval. Y6. The City Engineer shall review and approve utility connections for Parcel A. If the alley vacation is approved, approval of the minor subdivision is recommended subject to the following conditions: 1. Driveway access for Parcel A shall be from Avon Drive. 2. The applican.t shall pay one park dedication fee at the time of building permit issuance for Parcel A. 3. All applicable unit charges shall be paid. 4. The City Engineer shall review and approve utility connections for Parcel A 3030 Harbor Lane North Bldg. II, Suite 104 Minneapolis, MN 55~47-2175 612/553-195O PLANNING REPORT AMENDMENT TO: Planning Commission and Staff FROM: Mark Koegler, City Planner~'~ DATE: September 27, 1988 SUBJECT: Minor Subdivision APPLICANT: Joel Dokken CASE 'NUMBER: 88-728 VHS FILE NUMBER: 88-310-A18-ZO The staff report for this item was prepared on September 20, 1988 and at the time, a full size survey drawing of the proposed parcels was unavailable. Since that time, a full size drawing has been reviewed and the staff recommendation for approval is being rescinded. The proposed subdivisi'on creates two parcels, A and B. Parcel B contains an existing house which is conforming except for a rear (western side) setback. Approval of this subdivision would have to involve a variance for the recognition of the existing setback which was not part of the original application. Additionally, the existing home Goes not front on an approved public street. Parcel A creates the most concern. Due to the configuration of Park Lane, Avon Drive and the alley on the northwest side, it is virtually impossible to build a structure on the site without setback variances. Due to this fact, the staff recommends denial of the proposed division since it creates a nonconforming lot. If the division is approved, the City of Hound should collect one park dedication fee for the creation o{ the new lot, any outstanding sewer or water assessments or charges would need to be paid and appropriate driveway access to Park Lane would need to be worked out with the City Engineer. Planning Commission Meeting September 26, 19BB Case #88-728: Avon Drive and Park Lane ('5042 Avon Drive); Joel Dokken, Ralph Reeves (Contract Holder), and Donald Knoblock (Fee Owner); Shirley Hills Unit B, Lots 8, 9, lO, 11, 12, Block 4, PID #24-i17-24-12-0018; MINOR SUBDIVISION. Recommendation by City Planner? Mark Koe~ler: A revised staff report was presented to the Commission to rescind the previously submitted staff recommendation for approval of this case. A Full size survey drawing had not been available For review before the initial staff recommendation. Jan Bertrand brought to his attention the bui)dability of Parcel A due to set back requirements. The proposed Parcel A would a)low a building of approximately 950 square feet, so it is not technically impos- sible. There is a concern that Park Lane, which it Fronts on, is an unimproved public right-of-way. If this subdivision were ap- proved there would be an outstanding unit charge For street and storm sewer of $B87.21 and a park dedication charge of ap- proximately'$300.O0. Discussion The Commission confirmed the setback requirements of 30 feet each from Park Lane, Avon Drive and the alley, and a side yard setback of lO feet. The lot is conforming in-every aspect, however the house would.have to be designed for that lot. Mr. Dokken was present and confirmed he was not aware of the 30 foot setback from the alley. Both properties have purchase agreements on them and would )ike to have a decision made soon. The Commission informed Mr. Dokken the unlikeliness of granting a variance for this lot in the future if it were approved. Mr. Dokken was asked if he was aware of the park dedication Fee and the sewer and storm water Fee due, he was not. MOTION moved by Weiland, seconded by Thal to table this case until the next Planning Commission Meeting on October 10, 1988 until Further knowledge and information is obtained and so Mr.. Dokken has further time to review. Motion Carried, nine in Favor, one opposed (Smith). Case will appear before the City Council on September 27, 1988. Possible vacation of the alley is to be considered. Set publ)c he~r- in~ for October 25, lg88. densen noted that the Parcel descriptions are wrong, Parcel A is called all of Lots 1! & 12, and Parcel B i~ called all oF Lots & 12. Exceptions shoul~ be a ~fvision of Lot A. THOMAS WURST, P.A. CURTt5 A. PEARSON, P.A. 0AMES D. I-~RSON, P.A. THOMAS F". UNDERWOOD, P.A.. CRAIG M. MERTZ ROGER ,,2. F"rLLOW$ Chief Leu Harrell Mound Police Departmen~ 5341 Maywood Road Mound, 1~ 55364 WURST, 1:3E:AR$ON, I_ARSON, UNDE:RWOOD IIOO FIRST BANK PLACE WEST M I N N £A. POLIS, MINNESOTA, October 4, 1988 re: Loud Party Ordinance Dear Lent I have enclosed a proposed ordinance 920:15 which would return the so called "loud party" ordinance to the city code. The officems have been using 609.71(1) which is the general public nuisance statute and talks in terms of maintaining a condition which unreason- ably annoys the 'comfort or repose of any considerable number of members of the public. In the typical loud party situation you have °ne"or two neighbors calling in with a noise complaint. Many questions arise, eg.. is a loud party "maintaining a condition?" Is one neighbor or are two neighbors a "considerable number of members of the public?" How much noise is "unreasonable annoyance?" I believe, the proposed ordinance is focused on the specific problem to be addressed and is very specific regarding the conduct to be regulated, i.e. noisy parties between the hours of 10 p.m. and 7 a.m. I know from my own experience that this language is sufficiently explicit or narrow in a constitutional sense to be enforceable. It~ also clearly reaches all persons present at the party, not ~just the hosts and property owners. It gives the police the necessary authority to break up the party, send everyone home and eliminate the problem. Let me know if you have any questions. JL:jl enclosure cc Curtis A. Pearson Ver~. ru,ly yours, /James D. Larson \ LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544-9511 EMERGENCY 911 October 25, 1988 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Loud Party Ordinance The "loud party ordinance" presented by Mr. Larson is to remedy an inadequacy in the public nuisance statute that has been used in the past. The statute currently leaves many questions when used in addressing loud parties. The ordinance proposed by Mr. Larson will allow for more effective control of loud party situations that are reported to the police. LH/sh gnc. ORDINANCE 1988 AN ORDINANCE AMENDING THE MOUND CITY CODE BY ADDING SECTION 920:15 REGULATING NOISE IN RESIDENTIAL AREAS. THE CITY OF MOUND DOES ORDAIN: Chapter IX Penal Offenses is hereby amended by adding the following Section 920:15 thereto: Section 920:15. NoiSe in Residential Areas. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwell- ing unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating the disturbance. A police officer may order all persons present, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this ordinance. Owners or tenants of the dwelling unit shall immediately abate the disturbance and if they do not abate the distur- bance .they shall be in violation of this ordinance. mayor city clerk passed on first reading passed on second reading Published Official Newspaper .,:;;,.,:;;;;-;;~, Charitable Gambling Control Board ~'::: ~:~':-.~, Rm N-475 Griggs-Midway Bldg. ~.~~-~ 1821 University Ave. St. Paul, MN 55104-3383 -,.,~,,~,. (612)642-0555 GAMBLING LICENSE RENEWAL APPLICATION For Board Use Only Paid Amt: Check No. Date: LICENSE NUMBER: ,~. - ;~ i ~', 3 (~ - ~ (~ [ / EFF. DATE: ~/'¢1/[:., / AMOUNT OF FEE: ~'~.~ 1. Applicant--Legal Name of Organization 2. Street Address 3. City, State, Zip 4. County 6. Name of Chief Executive Officer 8. Name of Treasurer or Person Who Accounts for Revenues 5. Business Phone 7. Business Phone 9. Business Phone 10. Name of Gambling Manager 11. Bond Number 12. Business Phone 13. Name of Establishment Where Gambling Will Take Place 14. County 15. No. of Active Members lb,:, ..',(.:: ':J:: ~:¢r,.~ ,kitf!r~'?Jf' ~':. 16. Lessor Name 17. Monthly Rent: 18. If Bingo will be conducted with this license, please specify days and times of Bingo. D__ay_s' Times D_a.)¢~ Times Days Times 19. Has license ever been: [] Revoked Date: 20. Have internal controls been submitted previously? 21. Has current lease been filed with the board? 22. Has current sketch been filed With the board? Suspended Date: Z] Denied Date: © Yes [] No (If "No," attach copy) [] Yes [] No (if "No," attach copy) [] Yes [] No (If "No," attach copy) GAMBLING SITE AI~THORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. OATH I hereby declare that: 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete; 3. All other required information has been fully disclosed; 4. I am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments thereto. 23. Official Legal Name of Organization I Signature (Chief Executive Officer) Date Title I'! '- :' "' t ' ' ' ,I,/'/ ~ :-,~ ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 60 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 60 days of the below noted date· 24. City/County Name (Local Governing Body) Township: If site is located within a township, please complete items 24 and 25: Signature of Person Receiving ApFJlication: 25. Signature of Person Receiving Appiication Title: Title Date Received (this date begins 60 day period) Name of Person Delivering Application to Local Governing Body: Township Name CG:0002.2-02 (8,"88) White Copy- Board Canary-Apphcant Pink-Local Governing Body McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Telephone Engineers Plymouth, MN 612/476-6010 Planners 55447 Surveyors October 25, 1988 Mr. Edward $. Shukle, Or., City Manager City of Mound 5341 Haywood Road Mound, Hinnesota 55364 SUBSECT: City of Hound, Hinnesota 1988 Storm Sewer and Street Improvements Final Rayment Request HFRA #8521 Dear Ed: Enclosed is G.L. Contracting, Inc.'s Final Rayment Request for the subject project. The amount of this request is $14,651.70. Since this work is fully completed, we are not recommending any amount be retained. We have reviewed the project, find that it is in accordance with the plans and specifications, and recommend payment in full to the Contractor. If you have any questions or need additional information, please contact US. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron OC:jmj Enclosure cc: G.L. Contracting, Inc. An Equal Opportunity Employer (D ~D 0 4-~ 0 4~ OLL o,--'1 "'W >-63 eo i i IIIIIll IIIIII IIIIlll IIIIII ~~~ ~Z~Z ~OWWWW~ ~~ o o o o,-I rotc ;~ I'~ rr"' r_) E r- ~ ~ o r-- o f...4 ~ zzz I I I (DE) C) I I I ZZZ I-- I.-- I-- I.-.- 6.) ZZ rr" I.-- I-- _1 Z ,,--I W I- rt'' O_ W n.'" W r~ Z J Z ,':.o,'1.8 c:r o,-I ~ O2 c- O r-~ E 0 ~s- ru 0 o~ 0.~ fd o iD BILLS ........ OCTOBER 25, 1988 Batch 8101 241,473.82 Batch 8102 45,685.99 SuperAmer i ca Gasoline 699.22 Total Bills 287,859.03 !v, ~/,:,,:, !0/!4188 OiL" ~ GREASE dRNL-CD I0!0 PRE-PAID !0114/~8 10114ioo ~I ~7 , .~ OIL i..,'~, 4y OiL ,~,.7.., JRNL-CD 0!-4'270-2250 1010 .:,_ PRE-PAID ~sr nO A~UAL ~i~UOR TAX ~../~./~o 250,00 JRNL-CD 7t-7!00-41~: 10!0 250.00 BUREAU OF ALC~,TGBAC,:I~ "= ~ ~_~E~On TOTAL 250.00 80747 PRE' PA I D 10/14/88 1011418:3 .,,00 GOV'S CONF ~.00 JP, NL-CD 01-4040-4110 1010 ~.00 BL~:EAU OF MEDIATION S~VIC VFJ~DOR TOTAL 95.00 PRE-PAID 10114/88 10/14/88 2,605.00 CR UNION I0/I PR 2,605.00 JRNL-CD 01-2040-0000 1010 2605.00 CITY COL~/TY CREDIT b~ION !,E'NDOR TOTAL' 2605.00 CC9. ~ PRE-PAID 18.~ 37.CQ 37.00 18.50 18.50 37.00 lOr~4/oc, 10/14/83 IAA ~0 MUNtCI-PALS FALL BANQUET MUNICI-PAL$ FALL BANQUET MUNICI-PAL$ FALL BANQUET MUNICI~PALS FALL BANQLET MUNICI-PALS FALL BA)~UET MUNICI-PALS FALL JRNL-CD 01-41~0z4!20 01-4090-41~ 01-4140-4120 73-7300-4110 78-7800-4!20 71-71¢~-41~J 1010 166.50 CiTY OF M!NNETDNKA V?fDOR TOTAL i,~ 50 F%,o?o F'RE-PAID 37.12 1.25 ~.~, ~.~,.~ 1J:l./,.,8 o,.,..' R~I P/C RE!?L~ P/C-P~TAGE JRNL-CD 01-4140-.2200 01-4140-3210 1010 38.37 CiTY OF ~OUI.iD ',,EI~DOR TOTAL :."."8,:37 C i O01 PRE- PA I D 2,000.58 10114/88 10/14/88 2,000.58 2000.58 SIT 1}/1 PR J~NL-CD 01-2040-0000 !010 2000.58 7,:,.~v ~ CONTRACT HOURS ,,:,,zv JRNL-CD 10!0 VEN£QR TOTAL PRE-PAiD 400.00 STATE CCqNF 400,00 !0!0 -'C.¢,.00 ,: ' GI755 G1971 GROUP HE~ PLAN F~E-PAID 10/14/88 !0/!4/88 61972 PRE-PAID TOTAL , t.'/1-./0¢, iv/,.' ~/,:,,., H2!45 PRE-PAID ~0/!~, !,:,o ' · . ,.I.,/!*./.x, H2!5¢ PRE-PAID I0/I~'/88 !0/!4/E8 :.u. TF.=.~.:UrE,-, VENDOR TOTAL IV/~"!,:,,:, [(,' 1';,:,,: ..'=._ .. - PRE- F'A I D · '=i ,:,~ LI~ !50,20 WINE 1,410.i6 dRNL-CD · :o.4~ WINE .36- DISC 36.0? JRNL-CD !00,000.00 F'!~CH~E CD 10.:), 000. O0 JRNL-CD 00000,00 t,023.~0 D~ COMP !,02~.00 ~NL-CD lO/J PR I023.00 15.~ HOSP DED 10/1 PR 15.~ ~-CD 15.35 7,.%.88 LIQ 674.~ WINE 29.~- DISC 14,85 FRT 1,447.07 JR~-CD 1447.07 17!.53 DED' LO/1 PR 171,53 !71.53 3,!84.~ ~D 1/2 RE TAX-5~40 LYN~OD 21,611.60 2ND 1/2 ~ TAX ~4,/%..¢~ ~NL-CD 538.06 [EF CO~tP 10/1 PR · =,.~.~ ~' JRNL-CD 5..':8, (16 1,672.57' LIQ 460.93 WINE 38.05- DISC 2~.50 7:- ? ! ::: ::-'.-' 5: :' 75-71 7 i -7 i:)O-: I010 7!~716'0-752(' I4!0.t6 36,07 lO!O 10004~0.00 0i-2040-0000 I010 10:~.00 01-2040-00~X) 1010 15.S5 71-7100-9510 71-71CQ-?5:Q 71-7100-7560 71-7100-%CK) 1'0t0 1447.07 01-2040-0000 10!0 171.53 60-60~-53!0 01-4320-5310 I010 ,'4, 96. ~3 01 - 2,'.':40-,:)00C, "~ .,.,~, 06 71'7!00-'751'0 :I-7100-7520 71-7: "}0-'75,~. 10/1~/$8 !0/14/C-:8 JOHNSON E;E~S ~3LESALE Li~ VEh~OR TOTAL L~B17 PRE-PAID w ~/:,'~ 10114/88 L~ ~FORCEM~T LAB~ S~* VB~: TOTAL L2910 F~E-PAIO 10/14/88 10/14/~ ~E-PAID i0/14/~ 10/14/~8 LINDA STR~ ~R TOT~' P~-PAID 10/1~/88 10/14/~ L~-~AND CO ~J~ TOT~ PRE-PAID 10/1~/88 10/14/88 M~l CE~ HEALTH F~AN VB~OR TOTAL M3130 PRE-PAID !u/,A,,.,o 10/!4/88 M~RO ~ MGMT ASSN VB~ TOTAL ~170 PRE-PAID 10/14/~9 10/14/E~ METRO ~S~ ~R~ ~t* V~OR TOTAL ~E-PA!D !0/14/88 10/14/~ ~N R~IRE~ SYS~M VD~ TOTAL PRE-PAiD !0/14/88 10/!4/88 . . 9,0~- DISC PRE-PAiD 128.93 LiQ 38.40 WINE 2,96- 2.00 ~T !66,37 jRNL-~D ~.00 UNION DLES 39.00 JRNL-CD 39,00 9 3.~4 RERJND-OCT DEI) PHP 33.24 dRNL-CD 16.62 REFUND NOV DEl} PHP 16.62 ~NL-CD 49.86 71,~4.70 PYMT #5 PW BLDG 71,8~.70 JRNL-CD 718,44.70 70.08 HOSP D~ 10/1 F~ 70.08 JNL-CD 70.08 15,00 MAMA MTG 15.00 J~-CD 478.50 SEPT SAC 478.50 JRNL-CD 478.50 288,00 DEF COMP I0/1 PR 2~.00 ~:)~L-CD 288. O0 547.65 UNION DU~.S 54'~.65 JRNL-CD , ,-71 ('u- ..'..:c6 71-7100-75!0 71r7100-'B529 71-7100-9560 71-7!00-96CK~ 10!C 0122040-0000 10!0 01-2040-00~ 1010 01-2040-0000 1010 ~-6000-5300 1010 o1-2om~-ooc~ 10!0 01-4040-4120 I0!0 78-2304-00r~ 1010 01-2040-0000 !010 ?' i2 !66.37 ~.00 ,.~.24 16.62 71844.70 70.08 15.00 478.50 ~.00 ..,. ,~.. 17.~ ) REPLENISH ~.00 F~PLENISH ~. 10 REPL~I~ 3.90 REPLENISH !4.25 REP~NISH ~..:.~. REPLENISH 8.60 REPLB~I~H 110.87 =.=o~ 4v.o0 RE~N!~ 40.31 ~NiSH 78.15 REP~I~ ...... 0~NISH 32,20 REP~Ni~ ?...,0 ~NISH 2.40 ~ENI~ 13,15 ~LENISH 10.74- 10,,'14/88 10/1;/E~ 600.00 ~-CD V~D~ TOTAL f40.00 PF:E-PAID ~ 4S8 78 P~A 10/1 PR !0/!~/88 10/14/~ .5~4.58.78 ~-CD VElaR TOT~ 5458.78 PRE-PAID 8~.15 POP FOR DANCE ~...~z ~oc. 10/14/88 o~. 15 ~-CD ?~:E-PA!D 5~37.78 ~T H~P PP~M-PHP ~ .62 OCT ~SP-KRA~ iWi . .::~ .,.,.Jl.~O~-CD b~N~ .... ~ 5~17 O~ ......... ~.,o.~ OCT ~P-M !0/t:/88 10/14/88 ~"' ...... "' ~ 0 '~ 4/;8 " .... " i¥/ 68'?. 70 ",:,.:. ¢~. SU?PL LIFE_ £'":~..~ i0/I :'R. c,.:, :,.:, d[NL-CD F'~ST~ ~ETE:: ~;,CHIHE F'OS, TG METE? ~ACHiNE q,.':--,,~.,,- -..':: ':' 'Z"- :': POSTG ME-FE_R ~:4':~'" r~t--.":-'r.-'-: .... ,. ,~ M~..~.:R ,Ar:.UlI..": .................. FOo:O METER MACHINE F~gTO ~ETE,,-'MACHINE ................ ~STO M~: MACHINE 0:'.-47,3-'727:'.! POSTG METER ~.ACHtNE ...... "; ........ ' / Ft]STBMETER MACHINE '~c,_~c.r~'_.'.,c.~,-, F'OSTGMETER MACHINE (~i '" ...... ' FI~STG~ER MACHINE .......... ' " POSTG METER MACHINE 0!-4270-32!0 r~STu MET~' MACHINE 01-40~0-3~10 POSTG METr~ MACHI~ POSTG METER MACHINE 6~..-6000-~10 POSTG METER MACHINE 0I-4o,~0-o, lt} 1010 01-2040-00CK'~ t0!0 0!-.,..,00-0~: 1 10!0 01-2040-00{:~3 01-4!40-1510 I010 01-2040-0000 10!0 01-4140-15!0 10!0 ': -: 255-0000 l O10 600.00 5458,78 89.15 ~!.40 1010 ,, . , TFITAI PUBLIC PENSIO~i FUND CD~FE~ vE:',D~; ,_ , Q417! PRE-PAID i0/'14/:~:~; 10/!4/88 1,712.20 LIQ 239.20 WtN~ 36.80- DISC 15.25 MIX 71-7100-75!0 7!-7100-9520 71-7!00-7560 7!-7i00-7540 lOlO QUALITY WINE & SPIRITS VENDOR TOTAL PRE-;'AID 4~.88 60.12 10/14/88 I0/14, o~ 518.00 49.5 CON~:ACT HrdLRS 6.5 CD4TR, ACT HOBOS ¢:NL-CD 01-4340-i;100 73-7300-31(~ 1010 518.00 ROr~'RT E JOHNSON TOTAL 518.00 R4280 PRE-PAID 400.00 STA~ ~ ~VANOE 10/14/~ 10/14/88 ~0.00 ¢NL-CD ~-4170-4110 1010 ' 44)0.00 ROf~LD Mw~L ~OR TOTAL S4500 PRE-PAID 10/14/88 10/14/88 400.00 9~03.-~~ FIT 10/1 PR 9,~3.59 ~Nt-CD 01-2040-0000 1010 ~03.59 STATE ~ OF MD~;D VEND~ TOTAL 9203.59 ~..I1 ~:E-PAID !0/!~/S8 10/14/B8 418.60 ~ UNION D~ 10/1 PR 418.60 JRNL-CD 01'2040-00¢.X~ 1010 ..... ~O~L 4!8.60 S4550 PRE-PAiD 1,099.15 3RD Q~ SIJRCI4qRGE 10/I4/88 tv/.4/c8 1,0~.15 J::NL-CIi 01-2222-00c)0 1010 i.,~9,.15 STATE ~EASURE~: VENDOF', TOTAL 1099.15 U5100 PRE-PAID !,.:/i"/.:,,:. !O/!4/E8 'JNiTOG RENTAL SYSTEM '.?END~ TOTAL 64.11 21.00 26.51 13.00 39,76 66,28 ~%'PT TOWELS S~'T RUGS S~T UNIFORMS i?T UNIF~MS S~T UNIF~MS S~T UNIFORMS ScP~ ~IFORMS SE~'T RA~ ~,~.-CD 01-4~0-2~0 01-4280-2200 01-428~-2240 01-4290-2240 -- ~ I.~ Ot 4~40 ~ .'.~,-iO..,.~-,~,~v 2:-4~70-22C4 10!0 Z PRE-PAID ..... I.., 14i ..... i57.90 157.?0 PIZZA-BUDGET H~R!NG JPt~L-CD ')1-40'20-411( l..'/..."0 41.26 6~4.50 TABLE & CHAIR RENTAL c-. ~; 6,,4,.0 JRNL-CD 01-2300-022! 10!0 10/1.9/88 10/19/~. 18.81 11,97 I1 ,~7 6,84 18,81 11.97 25,~ ~6,;4 247,24 OCT RADIO SERV CONTRACT OCT RADIO SERV CONTRACT OCT RADIO SERV CONTRACT OCT RADIO SERV CONTRACT OCT RADIO SERV CONTRACT OCT RADIO ~RV CONTRACT OCT RADIO SERV CONTRAGT RADIO REPAIR JRNL-CD 01-4250-3'750 01-4340-3750 0!:4170-3750 01-42'?0-3750 0!-4140-?..;'50 ~.~-7c,00-3..-..,0 ;.-,; - / .., .j,j - ._., ? ~.J 22-4170-:]950 01-4040-38fX) 1010 AiR COMM iNC VENDOR TOTAL 247,24 A0178 !0/1.~/88 10/19/88 51,74 FLAG 51,94 ~NL-CD 01-4~-2330 1010 ALL AMERICAN FLAG CO, VENDOR TOTAL 51.94 10/1.°../88 10/19/88 160.60 CULVERT 160,60 JhL-CD 01-42EK)-23(~3 1010 ALL S~D~ PRODUCTS VE)¢iOR TOTAL 160,60 *'~?n'~ F'~PER · ., , / VENDOR TOTAL 205,41 XER~]X PAPER 205,41 JRNL-CD 2.~ 0~,41 01-4320-2100 1010 ! O/lg/'.S',S ! 0 / i'~/8;.": 5,67 HARRA~NT SEMINAR 1,8? HARRASSMENT ~I)~ 1,89 HARRASSMDIT S~INAR 1.87 HARRASSMENT ~MINAR ~.45 HARRASSME~ SEMINAR 3.77 HARI~ASSMENT SEMINAR 3,77 HARRASSMENT SEMD~AR 20,68 HARRASSMENT SEMINAR 1,89 HARRA~MENT SEMINAR ..,0, ,o0 JRNL-CD 01-4070-4110 01-4170-4110 01-4040-4110 0!-4~0-4!10 01-42~S)-4!10 ~<,-/oOu-llO 78-78)C-41!0 0!-~!40-4!!0 ~t-?~00-4!I0 !010 u;~.~DnR,,, ,. TOTAL 50.?0 7.50 S~'T OXYG~J /..,0 E,?T OXYGEN ..~,,,JSERT O..XYo']E?,~ 27,50 ~.~!'~L-CD 73-7300-2Z¢0' 7o-~o~.~-.~.,.0 01-4£90-£290 B0660 ,..R. ~FO, CO, 00?60 10/1 ? VENDOR TOT..L lJ/1 /:,o t0117/88 VE:'&CR TOTAL t.2E; JRNL-CD 1 '~0,87 F ~ n: S 01 - ~ 2'~ 0 -'2'3 i 0 :';0, ? ,?-:'._-OD :':: I!,t0 SION$ 01ra280-2200 !I,!0 Si~!S 01-4270-2200 ii.lO mieNS Il,lO SIGHS 78-7800-2200 z;.40 JRNL-CD 1010 44.40 22.00 9-10-11 WINDOW C]_EAN 71-7100-2~00 22.00 JRNL-CD !010 22.00 1.78 KEYS 8.07 BC~GS-TAPE 75.94 PA!t~rr--FI_EX LIGHTS 2~.'P.~ COFFEE MA~ER 18.46 SULLIES 4,78 FILES 8.66 KEYS-ANTIFREEZE 27,98 BJPF'LiES ~2,~ FLO0~ Lb']HT 12,57 PAINT !4,7~ SUP.%IES 44,E:5 SEED 7.58 ...... ~UL,,'..r. I D i.':t.'.-"~ *'" ' . .. .'ELL .... 9 CONCR~E 5.?8 ANCHORS 32,15 SUPPLIES ~..,~. ~ JRNL-CD '.? f¥7 f'¢' ~ · .. ~ , ... 505.00 H:~i4E MAiNT 27.50 UPDATES . ~..',~..,0 ,_':!.:L-CD :::,, 74 :',] ........... 01-4170-~00 01-4290-2200 01-4290-~50 01-4020-2200 01-4=~0-i~00 01-42S0-2300 0!-4320-2200 0t-~340-2300 01-4340-2:3:2:0 01-4340-5:10 0!-~060-2200 c,.-,:,:,oO-~Z.~ 73-7.::00-22C~ 73-7300-2300 75-7800-2200 , ¢,-,' oL)O-~d60 22-4!70-22CX) i010 HOLD r'l'rv DF ~rl J C U; N; L A~CL~JT 4,51 OCT TEJL~HONE · ..~,:," Fi~ DST ~_L?HDNE 722.1.3 OCT TB~rP~gNE 146.82 OCT T~'HONE 65.3? OCT ~HDNE 6%70 ~T ............ ~O,tl OST TELmHONE :¢;'5.06 4zo.4~ OCT ~ON 395.06 OCT TEL?H~E & 0!-4(~,0-3220 0:-4320-3~0 71-7100- 3220 22-4!70-3~0 0! -41 ¢.%3220 01-42::J0-3~. 73 -730':,-3220 78-78:)'~:-3220 0 i - 42'.;' L', - 3 ".'-' 20 6:'_':. O0 JRNL-C:: 7:.": - 73 "..':' { - '£ 26,0 63.00 :O i0i0 01-4320-3830 I010 ....... :ur;a, !NC ......... TOTAL 1366,00 ~;..,.:, .~"' ..... ..,c, JF:NL-CD 22.5:5: :.u/~.~,, o,.-, I0/I?/:::::: G,, °' S Cx.~=,~,,~.'"~ VEf~IOR TOTAL 01761 ~ ~/~ ,2'/;-' ~=: ~, jr ~ ~,..Ir""-.,-, ~E CONSULTA~;TS TFC ..... ¥~i-~DOR TOTAL G! ?30 i0!17/88 10117/88 G~ TRAINI~ S~RVICES VENDOR TOTAL H2080 10/1W~ !0/1W~ HECKSEL MACHINE SHOP V~ TOTAL H2120 10/I?./88 HH-"N CO rlEPT QF F!:;;OF~RT'f T VENDOR TOTAL H21~O 10/!9/88 10/!,0/88 H~:N C~ SHERIFFS DEPT VENDOR TOTAL i 2:..',:.-',.~ 10/!?/88 10/!9/88 :X?~,'L~EXTATigN SEF:ViSES I VE,'.:~OR TOTAL ........... i);'!'~/R~ i t.! / i ? / ,:,0 .. · .. ,M FDOR TOTAL 99,00 74';.{ 0CABINET ~:~.00 JR'-CD 747,00 1~"~ ~O '""' ,v'~<,..; EN,;~ SERV-PW ! .{!43.50JRNL-CD ~6.00 SEMtN~-ORONO 47.64 HARAS~B4T SE~tNAR 15,89 HARASSMENT SEMINAR 15.8,0 HARASSMENT==MIN~R .... i5,8,0 HARASSME~ SEMINAR 77.45 HARA~M~T SEMINAR 31.78 ~RA~MENT S~!NAR 31.78 HARA~MENT S~INAR 174.79 ~RA~ME~Fr S~INAR 15.~ HARA~MDff ~T~J~INAR' 1,005.00 JRNL-CD 1005.00 687.40 METAL FOR BEN~ & RACKS 687.40 ~NL-CD :30.30. ~q:'~¢~., POSTAL VERIF 30.:30 JRNL-CD 30.30 18,27 REPAIR MIC ~4.,~ S~T BOOKING F~ 43.25 ~NL-CD 70.00 REGiSTR-KIVISTO,HARDiNA 70.00 JRNL-CD 70.00 o4 ':O ~H .... CALS ~,:,~.o0 CNL-CD Io4 1,0.;.9.80 ~F'A!R R~ 82 CHEV I. 06':?, L:',O ~R,-~-CD 73- 7 :'.' c.'.,'- 6000-3100 ! 6: (:, 0!-2300-00(XI 01-4090-4110 01-4t90-4110 01-4040-41!0 0!-42,00-4H0 01-4280~4!10 73-7300-4110 78-7800-4110 01-41~-4110 71-7100-4110 1010 1010 01-4060-$~!0 10!0 01-4140-3950 01-41!0-4250 1010 78-7800-4110 10!0 1010 78-780(!-42::)0 JOHN BREiTN~: JOHN HENF:¥ "',O.~C .... :~, J9560 .L )/: ~/,.-¢ VENDOR TOTAL &':HN L NORMAN &:..,70 JOHN MO(INLEY J2600 JOYCE /~'!.SON L28.'80 LEONARD HARRELL LO? 19 !()/!:-:/8:~ '". "' ..... VENDOR TOTAL 10/19/8B 10/19/88 VENDOR TOTAL 10/19/88 10/19/88 VENDOR TOTAL 10/!?/88 10/19/88 VEN%)OR TOTAL LONG L~'JE TI~qE SERVICE LOREN KOH?~EN L2930 TRUCK INC VENDOR TOTAL i0/19/~ 10/19/88 VDE~OR TOTAL iO/'i'~/:5:S 10/19/88 VENg:OR TOTAL CITY OF MOUND 119,90 JRNL-CD i~,:,,,.4 FILTERS 178.64 JRNL-CD 122.34 GFOA CONF 20.00 ~FOA MTG 69.83 CSI MTG 2!2.17 JR~L-CD 212.17 8.02 DEA SCHOOL EXP 8.02 CNL-CD 8,02 42.11 RECYCLE MTG EXP 42.11 dRNL-CD 42.11 97.00 ROTARY I0-11-12 97,00 JRNL-CD 97, ()0 24.20 REPAIR TIRE 24.20 JNL-CD 24.20 ? 37q ?5 SEPT INSPECTIONS 2,379.~G JRNL-CD 2379.25 ,..~,~ BATTERIES 21,96 TIRE SEALS ~.~.78 dRNL-CD 69.87 VALVE SEAT ~ q, dRNL-CD 69,87 51.:2 .F'~RTS 1010 lOiO 01-4090-4!10 01-4090-41£<~ 01-4095-4110 t010 01-4140-4110 1010 01-4270-4120 1010 01-4140-4!~ 1010 d!-4.,ou-~'c, IO 1010 01-41.)-:'::100 1010 -42:.::0-231 -,,~c,r,-~..-,l IOlO F'F;E-FA:D AMP; 'NT ~=-CC'2-01 CIT"," OF MCUHD i~'iV31CE DUE HOLD PEE-FAID KD. ?-~VOiCE :;:'.:~,? [:ATS [;~TE STATUS A%UNT CESCR~F'TIEN ACSS3~T ~.:UT~E~ ~?.5L?.~T C~ 12','i7 FiLeRS-LiTE O! 64.8? ~;RNL-CD 1010 MARINA AUTO SUPPLY M3040 l,..,, ,~/.=.~, VENDOR TOTAL 10/17/88 IO/l?/E8 MCCOM~ ~A~C ROOS AS~CI* VENDS.TOTAL M31t0 !0/19/88 10/17/8~ MEDIAL OXYGEN & EQUIPM~-N'F VENDOR TOTAL M7250 10/19/8::': 10'q?/88 VENI~R TOTAL M ,.N.~J}qSCO 10/~/¢,o 10/17/88 ~ PJDNW~Y FIRE & SA~Y VENDOR TOTAL M.?.610 10/19/88 10/I?/88 VENDOR TOTAL NF_-:B02 ~..,, ~,-~-~,.,, STATES F,~WER VENDOR TOTAL '~ C. '. -' !0 ,'i'D/SE: !0,'~'~ 1.:,.,.o0 NOV SUPPORT 01-4075-:::S00 In I~ . I35,00 ~nN~-CD 1016 ?25.00 SEPT EN~: 01-41'~0-?,00 756.00 SEPT ENGR CO 15 66-6000-3UX~ 2:%00 SEPT B~GR WATERMAIN ~.'-~.',~-~Inc~ ,...,~.~ SEPT ENGR F'W ~DG ~'F;-6nO0-<',l~>3 ~4.00" SEPT ~ 78 1,331.00 ~T ENGR DRU~ND 01-470-3100 112.00 S~'.T ~ WEST~ 0!-4170-3100 140.00 ~T ~R COBB~STONE ESCR 01-2300-0~62 84.~ SEPT ~ ~D:~ ESCR 01-~00-0%6 5~424.00 ~NL-CD 1010 5424.00 18.75 FITTINGS 01-4140-~00 18,~ ~;CD 1010 18,75 ~.~9 SEPT GAS 01-4:3'20-37:~ 18,99 SEPT GAS ~.-4170-3720 10,89 SEPT GAS 71-7100-3720 34.06 SEPT GAS 73-7:¢X~-372~ 40,07 SEPT GAS 78-7800-3720 26,05 SEPT GAS 01-42E~-3720 1B3.05 JRNL-CD 1010 153,05 ~o4.51 SUPPLIES ,,-~l/O-~,u ~c~...d d~L-C~ 1010 2~4.51 E~5.47 A/C REPAIR 71-71C~-382~) 86.47 JRNL-CD 1010 C-:6,47 .,.00.,.ol OCT ELEC 0!-42::':0-3710 5,003.3t JNL-CD 10!0 5003 '" 46.50 JACKET.SHIRT. DF'D 46.50 jRNL-CD 01-1.2E5-00C<) ~.__. _ ~,'~,,,- ,,~,, ~N~o:Cc ~M~n HORT~:~T~r' CHA;'~R .~'. ~'-~=DUE HOLn DATE DMz. STATUS VDCJOR TOTAL 10/?/8:?, 10/19/88 NC~THSTAR CHA~'TE_R-- ICE9 R4240 REO-RAd KENNELS ?-.390 S~RELIN~_ ~AZA SOS FiRINrFING S4530 VENDOR TOTAL 10/19/88 VD~[i0R VENDoR TOTAL 10/19/88 10/19/~ VENIXIR TOTAl. lO/19/e~ 10/1~/88 STATE TREASL~E-R-SL~R~ S4610 SUBURBAN TIRE T4780 'VENDOR TOTAL 10/19/88 10/19/6"8 VIDEIOR TOTAL 10/19/88 10/19/Er8 TI~RIF'FY SNYDER DRUG NO4 T4840 VENDOR TOTAL I0/19/~ 10/19/b-'8 TOM RgC~AM V~'Ikq)(]R TOTAL W5451 10/19/8~ 10/17/8:8 WAYZATA LAWN MOWE]R VENDOR TOTAL ~0/17/~ 10/19/88 WESTIN UNION D]RPORATiON V~G~)R TOTAL W~30 10/17/~ 10/I?/88 F il~ ~.. ~ N.. A ~ = J 8 L! R i-~ A L CITY OF MOUND ~OUh~ DESCRIPTION ~6.50 30.00 87 [~ES-N.S. ICBO--PPD 30.00 o~NL-CD 30.00 ~3.00 ~NNF. L FEES 853.00 JR~,~-CD &5~.O0 1,~3.74 ~V RE]iT 1,~'~.74 ~NL-CD 1~3.74 304.10 WARNING TAGS ~4,10 JRNL-CD 204.10 250.00 SHELVES 250.00 dRNL-CD ~0.00 140.00 MOUNT TIRES 140.00 JU~.-CD 140.00 42.91 TAPES, FILM 42.91 ~NL-CD 42.91 196.00 REMOVE DOCK 196.00 JRNL-CD 196.00 3.75 dRNL-CD 3.75 178.25 TELEGRAM-SEOUL KOREA 178.25 JPJ~_-CD 178.25 4,871.64 7-8 PARKS PRDORAM 5,6.~.52 8-9 LIFEGUABDS 10,506.16 JRNL-CD AC~UNT NUME~'. 01 - 1285- 0000 10!0 01-4140-4270 i~0 71-7100-3920 !010 01-4140-212Q 1010 73-7300-2330 1010 01-4280-2310 1010 22-4170-2200 1010 01-4340-~03 1010 73-7300-~00 lOlO 01-40~-3'~-'0--. 1010 01-4340-42C(' 01-4340-4200 1010 PRE-PAID AMOb?(T ~F-CO~-01 VEI~gR INVOICE DUE HOLD NO. INVOIOE NMBF( C~ DATE STARS WESTONKA C~MMUNITY SERVICE V~[~R TOTAL 10/1~f88 10/17~',8 WESTO~ G~SS S~VICE ~N~ TOTAL ~80 WESTOh~ SANITATION W5641 WILKI~ PONTIAC WILLIAM M HUDSON W5700 · Ig, JRST -PEARSON -L.~S'ON Z6137 ROB MBJWISSEN 10/19/88 IV, 1,100 VEND~ TOTAL 10/19/88 10/19/88 VENDOR TOTAJ. 10/19/88 10/19/~ VENDOR TOTAL 10/19/88 lO/19/o"q) VENDOR TOTAL 10/19/88 10/19/~ VENDOR TOTAL TOTAL ALL VENDORS PURCHASE JOUF.:NAL nl?,~ CITY OF A~.~OJ,~ NUMB~ AMOU~,~ DES~!PTION 10506.16 20.00 8X8 GLA~ .... ~" 20.00 ~NL-CD !010 20,00 75.00 GARBAGE PtC~JJP 01-4280-3750 75.00 GAPSAGE PICK!]P 01-43~}-3~ 150.00 ,~:~&-CD 1010 150.00 49.00 EE'].T ~S~¥ 01-4140-3810 49.00 JRNL-CD I010 49.00 14.27 ~T ~UES'E EXP 01-41~-4110 14.27 ~NL-CD 1010 14.27 2,363.50 S~T Fliq]SEDLFFI~ 01-4110-31~ 2,363.50 ~-CD 1010 23&%50 217.00 SEVEI~OE-MElJWISS~ 01-2300-0~ 217.00 J)~l~_-CD 1010 217.00 45,685.99 P~£-PA!D AMOU)~ C~ .) GENERAL FUNF; I nter-g,:,ver, nment~l ~usines5 Licences Non-Business Licenses Per. mits Charges ~or. SePvices Cour-t 'Fines Char. gem to Other Depmrtments Other Revenue TOTAL REVENUE LI L';!UOR FUND WATER F'UI'4D :.--.;EWER F UI',ID BLITiGET 10:3:3008 77/:,'P50 8510 1 ¢)0400 37200 :'.~0000 27280 56950 21:3 0 2'.-.? 8 CITY OF MCIUND 1988 BUDGET REVENUE REPORT SEF'TEMBER 198::-: SEPTEMBER YTD REVENUE REVENUE VARIANCE 258 45 8480 1440 0 1283 65 11571 75% PER CENT RECEIVED 491124 541884 47.54% 410891 :366059 52.89% 647~ 2031 76.13% 72108 28292 71.82% 25176 12024 67.68% 54572 :3542:3 60.64% 10355 16925 37.'B6% 5313 51637 9.33% 1076018 1054280 50.51% 800000 71047 64:--:921 156079 80.49% :315000 4/-,255 26577'P 49221 :34. :37% 55C, 0C)0 503 ! 8 431 '.-'.~3'.-.-~ 118061 78.53% HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT.TO THE MOUND CITY CODE, SECTION 23.415 (4) g).,RELATING TO FENCES. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341MaywOod Road, at 7:'30 p.m. on Tuesday, November 15, 1988, to consider the amendment to the Mound Zoning Ordinance, Section 23.415 (4) g., relating to fences, to read as follows: "Fences shall be installed such that the finished side faces abutting properties. The finished side shall be the side which provides maximum coverage of posts and stringers. Board-on-board,. basket-weave Fences, and similar design shall be deemed to have two Finished sides." All persons appearing at said hearing with reference to the above will be heard at this meeting. Francen~ C.~ C-~ark, -~ity%Clerk Published in "The Laker," October 31, 1988 and November 7, I988. CITY OF MOI_IND 1988 BLIDGET REPORT E X F'E:ND l TURES SEPTEMBER 1988 GEI'4ERAL FUN[~ I-:OIJFiC i '1 C~b 1 e TV City MmrlmL~er./Cler. k E1 ect i,:,rls Assess_lng Fi C ,:, rtl p ~J t e p Leg~l F'O ] i Civil Defense F:'l mnninL~/lnspe,:t i Re,:yc 1 lng L:;t fee ts :_:; h ,:, P' & $ t ,:, r- e s. City Pr. operty Pm r-I.:: s :.--.; U truffle r' Re,.-.. pe~it i o h C,:,nt i ngenc (es BUDGET 46810 8390 116760 40000 41 E: 00 ]. :2:4940 28920 9715(.') 660410 2(])(')0 109450 17880 :::64270 51860 8 :--: :.:.: :--: 0 165430 7660 0 150990 SEF'TEMBER YT/I E X F'EN'.::E EXF'ENSE -CAR I AN ~E PER CENT EXF'ENDED ='-' ' c, o6,:,.:, 13127 71.96% 4._,c () '-"-' '-'"~ 6525 1865 77.77% 922?: 9873 Z 18029 84.56% 25 33:121 687~ 82.8(3% 41686 44709 -2909 106.96% 9851 106:-::21 28619 7:3.79% 19'.-.'~9 25:-'_:01 3119 89.22% 51 :-':2 6-.'7._ 6 34.:-::'~4 64 60% 42'F.'37 468450 19196C) 70.93% 110 1890 5.50% :::898 95727 13723 87.46% 1430 14-718 3162 82. :32% 2:--:559 255544 1 (i)8726 70. 15% 292'F..~ :38064 13796 73.40% 2099 70435 13?:95 84.02% 7:_:::31 12299r) 4244(3 74..:,._, % 2595 26:7::'.--.~ 5(321 34.45% 3854 -3854 9721 87487 /. '-'"'""= ' '-' . :,.:, ..., 0.:, 57 '? 4 % ~}E:...l=Rm~.. FdI',ID ]-'OTAL Ar. ea. Fife $ e r- v i ,] e F u n ,:t i_ ] ,;;',JO~" ?L:hd 212F.:F,~;O t 74-._,4 ..... ] 571 . 73.84 % 2(.") 14:?0 8:_::95 ! 40650 607::-:0 69.83% 6999 (') 1. ='" -' 6/_-, 89 :-]: 3092 9 =5 =~':::' · ':'"'" =' "~' ' ....... '-" ~='='" 6C, 2~] % ,. -,/ ...... 1 ~ ........ s' .:, t 12'.~"<'_-,,~, ,, ....... ,- 2 'P ?.' 620 :2: :2:8:22 :22 '.:::' '7 :::J 9 69 '831 '7 K::.. 6 ':;" % 649 ,'.'::, 40 - 42:3 '7 L:', 3 ',E: 3',.:.: 62 2 d":, 57 '7 :::: 59. 0 '? % League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227.5600 (FAX: 221-0986) October 18, 1988 Mr. Edward J. Shukle, Jr. City Manager 5341 Maywood Road Mound, Minnesota 55364 RE: Land Use Legislation Dear Ed: In your letter dated October 12th you asked what were the reactions from city officials at the regional meetings regarding the proposed land use legislation. Not surprisingly, most city officials disagreed with removing authority and flexibility from city councils .in determining their review process for actions involving comprehensive planning, zoning, subdivision, variance, conditional use permits, and other official controls. Consequently the League legislative committee approved a policy committee recommendation for the League to oppose any changes which limit city flexibility or authority under the enabling act. I read this policy as granting backhanded support or at least non-opposition to changing the standard for issuing variances but strong opposition for any change mandating a separate board .of adjustment or strengthening the role of planning commissions. The proposal has evolved and now omits any requirement regarding boards of adjustment. I hope to get the planning commission language deleted at the October 2$th meeting of the ACSLR subcommittee. If you have any questions regarding the proposal or our position, please contact me. Sincerely, ~~-~mnik Legislative Counsel CITY of 5!OUND October 12, 1988 Mr. Don Slater Executive Director League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101 Dear Don: The City Council of the City of Mound has reviewed some of the League policies with regard to Local Government Issues. In the Issue Paper for 1988 Regional Meetings, there was a question with regard to a modified land use planning law. Since the Council did not attend the regional meetings, they did see the handout from the League and have asked me to send a letter of opposition with regard to changes in the law. The opposition against the modification is based upon what is listed under the "No" column in the regional paper.' As I understand it, the legislation would create many uncertainities and would restrict local authority with regard to land use planning. I apologize for not responding earlier. What were the reactions from city officials at the regional meetings? The City of Mound intends to vote "No" to any changes when the LMC holds it's policy adoption meeting November 16th. if you ~.~ave any questions, please contact me. Ed~'a'rd J. Shukle, Jr. City Manager ES:is Land Use Question Should the League support the passage of a recodified, unified, and modified land use planning law? Background The League has been cooperating and.participating in a review of the municipal land use planning statutes. The Governor's Advisory Council on State-Local Rela- tions is conducting that review. That effort h~s produced draft legislation which was initi~lly before the 1988 Legislature. .~ The draft legislation makes' many substantial changes to the current planning and zoning statutes (Minnesota Statutes, Chapter 462). These changes would require the creation of a separate board of adjustment (city councils would not be able to issue variances, but could only review the action of the board of adjustment on appeal); modify the definition of undue hardship required for issuance of variances to a lower, easier to meet standard of undue difficulty, require the adop- tion of a brief comprehensive plan as a prerequisite of adopting zoning or other official controls, and; prohibit the practice of conditional zoning where a city agrees to rezone a parcel of property but only if the owner complies with certain conditions. The legislation also authorizes cities to impose impact fees on develop- ment in order to pay for infrastructure improvements. Current League Position '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 circumstances. Argument Should the League support the passage of a recodified, unified, and modified land use planning law? Yes The legislation would unify the local government planning statutes making land use control powers and ,procedures easier to teach and learn. It would Clear up existing ambiguities in the law, piovide additional author- ity to cities in some regards, and at- tempt to promote intergovernmental cooperation among local units of government. No The legislation would create as many uncertainties as it would resolve, as well as restrict cities' flexibility in adopting administrative procedures and structures that meet unique local needs. Further, opponents of the legislation argue that the current law is not broken and there is no need for substantial reform. ,,: Issue Paper--1988 Regional Meetings-Page 9 League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) October 19, 1988 TO: FROM: RE: Mayors, Managers, and~ks/ Donald A. Slater, Ex~e~lTDirector 1989 Proposed Legislative Policies and Priorities I am very pleased to transmit to you a copy of the League of Minnesota Cities' 1989 Proposed Legislative Policies and Priorities. These policies will be considered for final adoption by the membership at the League's Policy Adoption Meeting on November 16, 1988 at the Hotel Sofitel in Bloomington. An agenda and registration form are attached for your information. The League of Minnesota Cities owes a great debt to the dedicated city officials who worked as members of the League's policy committee on the 1989 legislative policies. They spent many hours developing this policy document. We also had significant participation in the policy process from those city officials who participated in the League's regional meetings. At each of the regional meetings, city officials considered controversial issues from each policy committee and voted their preference on these significant questions. The voting results were considered by the policy committees as committee members completed their policy recommendations to the League's Legislative Committee. The LegiSlative Committee, which is comprised of the board of directors and each policy committee chair, reviewed and approved the committee's recommendations. The Legislative Committee sends the 1989 Proposed Policies and Priorities to the membership for your consideration. I strongly encourage your city to attend the Policy Adoption Meeting on November 16. The meeting begins with sessions on economic development (at 9:00 am) and property tax legislative issues (at 10:30 am). Come to hear first hand from legislators, what their plans will be for the 1989 session. Governor Perpich has been invited to speak during lunch to share with us his legislative agenda for 1989. The Policy Adoption Meeting will conclude with the policy adoption session which begins at 1:45 pm. To register for the Policy Adoption Meeting, please return the attached !registration form to League of Minnesota Cities, c/o Finance Department, 183 University Avenue East, St. Paul, MN 55101. 1989 PROPOSED CITY POLICIES AND PRIORITIES LEAGUE OF MINNESOTA CITIES League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227-5600 (FAX: 221-0986) League of Minnesota Cities General Policy Statement 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. The League of Minnesota Cities represents 791 of Minnesota's 855 cities, 10 urban towns and 18 special districts. All sizes of communities are members (the largest non-member city has a population of 347) and each region of the state is fully represented. The policies that follow are basically directed at specific city issues. However, they are underpinned by two principles which guide the development of all League policies. Those principles are: 1. Minnesota cities' need for a governmental system which allows sufficient flexibility and authority for cities to meet continuing and new challenges for governing our cities and providing our citizens with government services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk and restrictions on local control; and ' 2. That though our system provides substantial independent authority for cities to govern and provide services, the financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and' local, governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation, is critical for the successful operation of Minnesota's cities and the well-being of city residents.. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) Explanation of Priority Designationm .Priority designation of the policy is in parentheses at the end of the policy title. These priorities are reviewed by member cities at the League's policy adoption meeting. The priorities give additional guidance to the LMC board of directors and staff in implementing the League's legislative program. An "A" priority indicates a major issue where the League may introduce legislation or work actively with other groups to seek new laws and regulations, or to oppose proposals that would have a significant impact on the effective operation of cities. A "B" priority indicates items that are important to cities, but where the League might spend less time, unless the Legislature or other groups mounted a major effort to which LMC must respond. A "C" priority indicates items where the League would monitor the issue and respond only when other groups raise the issue. - ~i - Policy League of Minnesota Cities Proposed Policies Development DS-1. DS-2. DS-3. DE-4. DS-5. DS-6. DS-7. DS-8. DS-9. DS-10. Page Strategies Tax Increment Financing (A) ......... ................ 3 Economic Development Authorities (A) ................. 4 Economic Development Funds (A) ......... ...... 4 Commlunity Development Principles i~i ...~.. ~ ..... ~· 5 Development Financing (B) ........................... 6 Housing (B) ' ' 7 Year of the Municipal Service Districts (C) ..................... 9 Tax-exempt Status Of Land Held By Cities For Development (C) ........... 10 Small Cities CDBG ~~'i~i'~i~[~[~i~' ' · 11 Elections EE-1. EE-2. EE-3. EE-4. EE-5. EE-6. EE-7. EE-8. EE-9. EE-10. and Ethics Campaign and Finance Disclosure (A) ................. 15 Code of Ethics for City Officials (A) ............... 16 Voting Equipment (C) ............ % ................... 17 Election Day Registration and Administrative Improvements (C) ...................... 17 Uniform Local Government ~l~ion Day i~i [ i [.ii 18 Recall of Local Elected Officials (C) ................ 19 Initiative and Referendum (C) ....................... 20 Mail-in Balloting (C) .................... 20 Optional Poll Hours (Ci ......... [~[~[~[[~... 21 City Election Campaigns i6i[[ i ...... ' 21 General GLP-1. GLP-2. GLP-3. GLP-4. GLP-5. GLP-6. GLP-7. GLP-8. GLP-9. GLP-10 GLP-11. GLP-12. GLP-13. GLP-I4. GLP-15. GLP-16. Legislation and Personne] Veterans' Preference (A) . .......................... 24 Minnesota Public Employment Labor Relations Act (A) 26 Local Government Pay Equity Act (A) ................ 27 Open Meetings (B) .................................. 29 Tort Liability and Insurance (B) ................... Mandates (B) ....................................... 30 Public Contracting (B) ............................. 31 32 PERA Benefits, Financing, and Administration (B) ... 34 Time and Distance Residency Requirements (B) ....... 36 Government Training Service Funding (B) ............ 37 Workers' Compensation (B) .......................... 37 Gopher State One Call (B) .......................... 38 Employee Benefits (B) .~ ............................ 38 One Class of Beer/Wine in Grocery Stores (C) ....... 39 Firefighter Certifications (C) 39 Military Leaves (C) ................................ 40 GLP-17. GLP-18. GLP-19. GLP-20. LP-2!. LP-22 GLP-23. Joint Cable State Local S~ ~ ~a~e Social Towing Powers Act (C) ............................... Communications (C) ........ ; .................. Licensing of Contractors (C) ................. Police and Paid Fire Relief Associations (C) . Financing of the District Court System (C) ... Investing (C) ............................... of Abandonded Vehicles (C) .................. 40 41 42 42 43 43 44 Policy Land Use, LUEET-1. LUEET-2. LUEET-3. LUEET-4. LUEET-5. LUEET-6. LUEET-7. LUEET-8. LUEET-9. Energy, Environment, and Transportation Wastewater Treatment (A) Solid and Hazardous Waste a a e Transportation (A) ..... Ground and Surface ~a~e~ Land Use, Zoning, Subdivision, Planning, and Annexation (B) ............... --.-.-. ........... Environmental Trust Fund (B) ........ Pesticides and Other Hazardous'M e i s (C) ..... Eminent Domain (C) .......................... Energy Conservation i6i ' ' . . Page 47 49 52 55 56 60 62 62 63 RS-3. RS-4. RS-5. RS-6. RS-7. RS-8. RS-9. RS-10~ RS-ii. RS-12. RS-13. RS-14. RS-15. Revenue Sources RS-1. Property Tax Reform RS-2. Local Government Aid t Cities (A) ............... . .... Elimination of ~ Li~it~ iAi ...... ' ............ Truth in Taxation (A) ............................... Sales and Motor Vehicle Excise Tax Extension (B) .... State Administrative Costs (B) ..................... Stability of State Revenues (B) ' Sales'Ratio Issues (B) ............................. Equipment Financing (C) ..... ' Interest Limits on Munici~i~ ~o~'}6i ..'['[[~[[[[~' License Fees (C) ............. Railroad and Telephone ~axatio~ i6i'~['~'['[~['[~' Tax-Exempt Property (C) ............................. Local Option Taxes (C) 'R p State Audits and City FinanCial Requirements (C) .................................. 67 68 70 71 72 73 74 75 75 76 76 77 78 78 79 Federal FL-1. FL-2. FL-3. FL-4. FL-5. FL-6. FL-7. FL-8. Legislative Federal/Local Fiscal Relations ...................... Federal Mandates H~melessness/Housi~'~~ .......................... Cable Television Regulations'~i~~~~ S~lid Waste Management .............................. Housing Priorities . Highway and Airport ~ust ~u~d~ .................... Refugee Assistance .................................. 83 86 88 91 93 95 97 98 - iv - League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) DEVELOPMENT STRATEGIES PROPOSED POLICIES Policy DS-1. Tax Increment Financing Priority A DS-2. Economic Development Authorities A DS-3. Economic Development Funds A DS-4. Community Development Principles B DS-5. Development Financing B DS-6. Housing B DS-7. Year of the Cities B DS-8. Municipal Service Districts C DS -9. Tax-exempt Status. Of Land Held By Cities For Development C DS-10. Small Cities CDBG Program C DEVELOPMENT STRATEGIES DS-1. Tax Increment Financing (A) The Legislature should recognize that tax increment finance (TIF) is the cornerstone of redevelopment and economic development programs throughout Minnesota. The Legislature should 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 urbanized land. Tax increment finance is virtually the only tool available to cities for positive intervention 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 indispensable to cities in order to execute that responsibility. Tax increment finance has permitted cities to plan and carry out housing and economic development projects on their own initiative. It represents the most feasible and effective legal strategy which is currently available to cities to preserve and improve their physical and economic environment. In view of the dramatic reductions in federal assistance for development and housing, tax increment finance remains one of the few options available for cities to promote growth and development in their cities. The League opposes volume limits or penalties for municipal use of tax increment finance and the granting of a project veto to other taxing jurisdictions.- Should the Legislature decide that particular tax increment finance practices'should be modified, those practices should be dealt with through specific proposals rather than the establishment of a volume limitation. 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 unreasonable to grant greater authority and power to some cities in the economic development field and requests the following legislative changes accordingly: 1. 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; 2. Authorize the issuance of debt with respect to project activities within economic development districts without a referendum; 3. Authorize a separate levy of .75 mills for economic development purposes; and 4. Authorize the economic development authority to build buildings or structures on land owned by the authority. DS-3. Economic Development Funds The League supports legislation authorizing cities to use general funds or bond proceeds to establish 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 communities. 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-4. Community Development Principles 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 promotinq 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 (GMC), expanded the authority of the community development division of the Department of Trade and Economic Development, and provided significant new funding 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 bringing the programs into operation. The League encourages GMC to work closely with cities when developing and implementing GMC development programs. The cities of Minnesota urge the Legislature and the governor to recognize city governments as the foundation of economic development, and establish a partnership with cities in the mutual objective of improving and encouraging economic activities in Minnesota. Minnesota cities have traditionally been responsible 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 supplemented 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 legislation should respond to the following concerns: 1. Protection of cities' ability to finance capital improvements; 2. Management of~economic growth to maximize cities' existing capital investment; 3. RevitaliZation of cities reversing the trend of dispersion of population and economic activity; 4. Recognition and allowance for the great differences between cities, regarding their stages of growth and development, demographics, and types of economic activity within and adjacent to their borders; and 5. Enabling the Small Business Finance Agency to package projects which are approved, by local city councils into larger industrial revenue bonds. DS-5. Development Financing (B) The League supports %he continued use of industrial development bonds and other tax-exempt instruments as development tools. Tax-exempt financing allows cities to undertake a diverse range of activitie~ to prevent economic deterioration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the local tax base. Federal tax legislation has substantially changed the applicability of tax-exempt development financing. The state should continue to follow the League's recommendations of the following principles and that the League be centrally involved with the governor and the Legislature in fashioning an equitable system: 1. 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. DS-6. Housing (B) The League of Minnesota Cities supports legislation that preserves 'and improves the financing tools available to cities for the construction and rehabilitation of housing. Housing programs, especially at the federal level, have deteriorated significantly over the past several years. The wholesale withdrawal of federal support for low- and moderate-income housing programs has accelerated the growing deficit of the supply of affordable, suitable shelter for those in greatest need. The recent rebirth of interest in the housing problem at the federal and state level are most welcome. We sincerely urge responsible officials of state and federal governments to pursue a revitalization of desperatley needed housing assistance programs. In developing new programs, we encourage the state government to commit adequate resources to make an impact on housing problems in cities. Priority considerations should include the preservation of existing housing stock. We support programs to maintain and rehabilitate housing so that it continues to be affordable, especially as the housing stock ages. We also suppport new construction programs for lower-income housing with the potential of integration of state and federal efforts in this field. Cities, in terms of their housing configurations just as they are in areas, are unique institutions with distinct individual characters. Housing programs should recognize this reality and allow cities to maintain the singular flexibility to deal creatively with their own circumstances. We further advocate that cities should be accorded genuine autonomy in this field. DS-7. Year of the Cities The League of Minnesota Cities supports the 9oals of Governor Per~ich's #Year of the Cities" proposals. However! the League questions restricting the program to specific cities and opposes transferring resources from current city programs to fund these new programs. It is extremely important that all of Minnesota's cities remain vital. The argument that the Greater Minnesota Corporation will answer the needs of rural Minnesota is inadequate. For instance, the Greater Minnesota Corporation's efforts at commercial, industrial, and agricultural activity in Greater Minnesota will not have a direct or significant impact on the problem of blighted housing. To limit neighborhood revitalization efforts to only a few cities is inequitable. All cities with problem neighborhoods should be eligible to develop programs and receive additional funding. The League strongly believes that the funding for new programs developed by the "Year of the Cities" proposal must not reduce or shift the state's current funding commitment to municipal programs. DS-8. Municipal Service Districts (C) The League supports legislation allowing cities to create municipal service districts. Cities should be allowed to finance the types of improvements listed in M.S. 429.021 (relatinq to the construction, replacement, and maintenance of such things as streets, sidewalks, gutters, storm and sanitary sewers, waterworks systems, street lightsf and public malls, parking, or courtyards). Both service charges and ad valorem property taxes should be available to finance services or capital improvements in the district. Court decisions concerning special assessments have made it even 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 recognized need for maintenance of the existing public infrastructure. Second, cities' ability to finance annual operating 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 is bad public policy to require the cost of replacing that road be borne by all the property in the city. This is especially true if the property in the rest of the city has already 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-9. Tax-Exempt Status of Land Held by Cities for Development '(C) League zupports granting unlimited tax-exempt status to property held by cities and their political subdivisions for later resale to promote economic development. 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 subdivision 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 Legislature 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 land# under state law. The 1984 law provides that the property will be taxable if the property is acquired for economic development purposes, and building or other improvements 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, corporation, or other entity is leased to, or otherwise used by, a private individual, corporation, or other entity. The.overall intent of the statute is to create an incentive for )olitical subdivisions 'to engage in economic development activities, as ~11 as t° 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 establishing and maintaining local development corporations, from retaining as much control as possible over their economic develepment 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-10. Small Cities Community Development Block Grant Program (C) The League supports the state's continued administration of the small cities portion of the Community Development Block Grant (CDBG) program. The League also supports the continuation of the set-aside of federal funds for economic development grants and augmented state appropriations 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 continue 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 low- and moderate-income, in compliance with congressional intent. The state should maintain the CDBG program balance between cities' economic development needs and the needs of low- and moderate-income people. Cities should retain maximum flexibility in determining how to carry out CDBG program objectives. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) ELECTIONS AND ETHICS PROPOSED POLICIES Policy Priority EE-1. EE-2. Campaign and Finance Disclosure Code of Ethics for City Officials A A EE-3. Voting Equipment C EE-4.. Election Day Registration and Administrative Improvements C EE-5. Uniform Local Government Election Day C EE-6. Recall of Local Elected Officials C EE-7. Initiative and Referendum C EE-8. Mail-in Balloting C EE-9. Optional Poll Hours C EE-10. City Election Campaigns C PROPOSED POLICIES ELECTIONS AND ETHICS EE-1. Campaign and Finance Disclosure The League supports the 1988 Fair Campaign Practices Act requirinq candidates to file campaign finance reports, but urges the Legislatur~ to re-examine provisions that unfairly penalize election filing officers for the failure of the candidate to comply with stat~ campaign financing report requirements. LMC supports the following changes to improve the current law: 1. Require campaign financing reports from all candidates in cities of 20,000 population or more and eliminate the criminal penalty imposed on election filing officers for the failure of candidates to comply with campaign financing report requirements. 2. If the Legislature retains current requirements for candidates in all cities to report if they receive contributions or make campaign expenditures of 750 or more, candidates should be required to certify that they have complied with the campaign finance reporting requirements prior to receiving their certificate of ~election. 3. Candidates should be required to submit a statement of compliance to the filing officer prior to the deadline for the awarding of certificates of election (12 days after the canvassing board has declared the results of the election). 4. The Legislature may also want to consider requiring candidates to sign a statement of intent to comply with reporting requirements at the time of filing for election. EE-2~ Code of Ethics for City Officials The League of Minnesota Cities supports legislation to establish code of ethics for state officials. The League also recognizes th~ value of adoption of a model code of ethics for local officials and encourages the adoption of a code of ethics by cities. In order to assist cities to determine the ethical standards essential to effective governing of the city, LMC will develop a model code of ethics for city officials. The League urges the Legislature to recognize the role of the League in developing such a statement of ethical conduct for cities, which can then be adapted by local officials to meet their needs. LMC focuses city officials' attention on the importance of upholding standards of ethical conduct through programs of training and education as well as through the provision of legal counsel and information on questions of conflict of interest, ethical practices, campaign financing reporting, and other standards of behavior necessary to the proper conduct of their responslbilities. City officials are determined to maintain the public trust and the confidence of the voters. The need to adopt a code of ethics at the local level is 'one best determined by elected citY officials. Cities themselves are best prepared and most suited to implement and enforce ethiCal.'standards which are responsive to community values and expectations. EE-3. Voting Equipment (C) The League supports present law permitting a city the option of selecting which state-approved equipment it determines will best suit its needs and opposes any state-mandated system of votinq equipment. Cities' investment in voting equipment should be protected. Certification of equipment should be thorough and provide an assurance that the equipment will be usable ~for a long period of time. The League opposes state-mandated changes to election laws that are of no benefit to city elections, that make equipment obsolete or costly to retrofit, or make elections difficult to administer. EE-4. Election Day Registration and Administrative Improvements' (C) 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. 1. Election day registration and voting should be permitted but not mandated to take place in adjacent rooms. 2. Public agencies should provide polling place facilities of of sufficient size and location to provide adequate space; convenient, direct entrance and exit for voters; proximity to parking; and separation from other unrelated ongoing building and program activities held in the same or nearby facilities. Polling places should be subject to the approval of the election administrator. 3. Enforcement of state voter registration requirements should be improved by modifying those laws where necessary to reduce obstacles to effective enforcement, such as the reduction of penalties for election day infractions. (The severity of the current penalties constitutes a barrier to enforcement.) 4. Election judges should be permitted to initial absentee ballots prior to sending them out. 5. Write-in candidates with less than five percent of the total vote cast city-wide should not need to be listed on election returns. . - Uniform Local Gpvernment Elec~ The League opposes the designation of a uniform local government election day. Home rule charter cities currently have the authority through their charters to designate when to hold local elections. Statutory cities may establish either an odd or even-year November election date. Decisions affecting only local units of government should be made at the local level unless an overriding state interest can be demonstrated. There is no necessity of providing a uniform local government election day. However, if the Legislature enacts a statewide date for local government elections, the following features must be included: 1. Home rule charter cities must retain the option of setting their own election dates; 2. Statutory cities must retain the option of choosing the odd or even year for their elections; 3. Municipal primary elections must continue to be optional; Ail direct 'costs of state-mandated changes and additions to ~t city election duties must be paid by the state; and 5. Decisions to combine school district elections and municipal elections must be made by city councils and school boards. EE-6. Recall of Local Elected Officials (C) The Leaque opposes state-mandated recall of city elected officials. Extending recall to all local governments is inappropriate and unnecessary because~ 1. It is of limited usefulness under the Constitution; and 2. Existing statutes which authorize removal from office of elected officials convicted of serious crimes essentially serve the same purpose as recall. The Minnesota Supreme Court has held that recall is a form of removal from office. Since the Minnesota Constituion provides that officers may be removed only for malfeasance or non-feasance, recall can therefore only be used in those instances. Cities may adopt home rule charters and include recall provisions; nearly half the home rule charter cities have done so. Because of constitutional restrictions, however, recall is rarely used. Further, where elected officials have been convicted of serious wrongdoing while holding office, cities have succeeded in declaring the office vacant under M.S. 351.02, thereby removing elected officials who have been convicted of a serious offense based on the failure to uphold their responsibility as a public officeholder. EE-7. Initiative and Referendum (C) The League opposes state-mandated initiative and referendum legislation. There is no need for legislation to impose initiative and referendum. The law permits city residents to adopt a home rule charter to provide for it and enables them to adopt provisions to meet their needs. Where city voters have chosen not to establish initiative and referendum, the Legislature should not act to impose it. Two-thirds of cities with charters provide for initiative and referendum. Those charters also vary in the procedures specified, emphasizing the need for the Legislature to continue to allow city voters to decide whether to provide for such procedures. EE-8. Mail-in .Balloting (C) The Leaque encourages mail-in balloting for non-candidate elections and encourages the Legislature to make the process available to ali cities. Mail-in balloting has been successfully conducted in several states and in a number of Minnesota cities in recent years. Increased voter participation as well as cost-savings have been demonstrated. The League encourages the Legislature to make mail-in balloting available for special non-candidate elections for municipal and school district elections. Further, the League urges the Legislature not to extend mail-in balloting, to candidate elections. Rules must be provided to safeguard secrecy, simplicity, and both mail-in and in-preson ballot returns to local election offices. EE-9. Optional Poll Hours (C) The League opposes current law that mandates all cities, regardless of their size, to have their polls open from 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, fix the poll hours to begin no later than 9:00 a.m. for a state general election and to close no sooner than 5:00 p.m. for a state primary election. This flexibility would reduce costs for smaller cities. The League also supports legislation to authorize cities to set up their polling hours by referendum. EE-10. City Election Campaigns (C) The-League supports income tax credits or deductions for contributions to city ~election campaigns. Candidates should be encouraged to seek broader backing from constituents. Providing income tax credits or permitting state income tax deductions should be permitted for city election campaigns. PROPOSED POLICIES GENERAL LEGISLATION AND PERSONNEL GLP-1. Veterans' Preference (A) 1. The League recommends that the Legislature amend the veterans' preference act to provide that a veteran must select one and only on~ hearing procedure rather than be able to request both a veterans' preference hearing and a grievance procedure under a collectivm bargaining agreement. Current statutes entitle a veteran to at least two different hearing procedures to challenge any disciplinary 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 decision, 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. 2. The League supports legislation providing specific time lines to be followed by employers and employees in the veterans' preference disciDline or dismissal process, so that an employee must provid~ 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 disciplinary 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 rendering decisions. Under this current system, a termination decision 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 infringe on the employee's right to a hearing, but would ensure a more efficient and cost-effective procedure. 3. The League supports clarifying the application of the veterans' preference discipline or dismissal process t° honorably discharged veterans who h~ve served active duty exceeding 180 days. A recent court case raised the question of whether the law applies to all honorably discharged veterans or only honorably discharged veterans who served at least 180 days. In that case, an individual was GLP-1. Veterans' Preference (cont'd) (A) honorably discharged from military service after less than one month. That individual was subsequently hired by a city. During his probationary period at the city, the city determined not to offer him a permanent position. He then claimed that since he was an honorably discharged veteran (albeit briefly), he was entitled to all notice, hearing, and appeal rights under the veterans' preference act. This effort certainly diminishes the act. If the intent of the law is to provide additional protection or rights to veterans because of their service to our country, then only those veterans whose service is sufficient to earn that right should be rewarded. If the court rules that the statute is vague and extends to all veterans, the Legislature should act to clarify the law to apply only to honorably discharged veterans who have served at least 180 days. GLP-2. Minnesota Public Employment Labor Relations Act (PELRA) (A) 1. The League recommends that legislation be enacted that gives public employers the option of either requesting arbitration within 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 history of bargaining in the public sector has indicated that if cities are properly prepared, even strikes by "essential employees# may not unduly threaten public health and safety. In contrast, the prohibition 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 previou~ definition of emploYees covered by PELRA to Persons employed for mor~ 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 PELRA. 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 nature, 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. 3. 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 continue to have their status limited so they may meet and confer. In no event should supervisory or confidential 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 considered to be supervisory employees for purposes of PELRA. 4. The League recommends the Legislature authorize employers to select item-by-item impasse arbitration as a method of arbitration. GLP-3. Local Government Pay Equity Act (A) The League supports the current local government pay equity act and opposes efforts to amend the law except for amendments reqarding interest arbitration that would foster cities ability to maintain their compensation systems. The Legislature in 1984 mandated that every local government conduct a comparable worth study, report the results of its study to the state'by October 1, 1985, and to implement its plan for establishing equitable compensation relationships among female, male, and balanced classes of employees by October 1, 1987. The bill did not provide any specific penalties for not complying with the law.' By early 1988, over 80 percent of cities had filed their reports and many had implemented their plans to make the compensation adjustments indicated by their studies. The costs of implementation have ranged from two to seven percent of payroll. Given the fact that almost 70 percent of city budgets are for personnel compensation, this amount represents a significant financial impact. Continuing maintenance costs will also be substantial. The Legislature acted in 1988 to compel compliance for non-reporting jurisdictions by imposing a stricter levy limit on those communities which have not reported by October 1, 1988, and also provided that cities and other local governments which do not complete implementation by December 31, 1991 will be penalized by having their local government aid reduced by five percent for each year they have not implemented their plan. Ninety-six percent of Minnesota's cities have complied with the reporting requirement and it is anticipated that all cities will be able to meet the 1991 deadline if the Legislature refrains from imposing new requirements. As cities and other local governments seek to implement their plans, local public employees have many alternatives available to addres~ any grievance theymay have with local decisions, including local administrative appeals, arbitration, human rights actions, and ultimately court actions. Though there has been no comprehensive or systematic study undertaken, the Department of Employee Relations (DOER) has indicated that there is no widespread pay equity implementation problems. However., this lack of demonstrated need has not dissuaded some individuals or groups from suggestinq legislative action. The League feels that it is still premature to consider changes to the pay equity law since many cities are in the midst of their phased implementation plans. If the Legislature, without the benefit of a detailed analysis of implementation results, acts to change existing rules, criteria, definitions, or imposes new mandates, additional confusion, expense, and delay will almost certainly result. ~urther, under no circumstances should tke Legislature endanger the economic and efficient provision of public services by prohibiting GLP-3. Local Government Pay Equity Act (cont'd) (A) contracting out or using joint powers agreements to deliver services nor require local governments to be the vehicle for implementing pay equity in the private sector through the use of contract compliance requirements. For these reasons, the League opposes amendments to the pay equity law at this time. Some amendments to other laws which affect implementation may, however, be necessary. Specifically, the League supports: 1. Eliminating the unilateral selection by essential employees of interest arbitration or alternately providing that arbitrators must provide detailed reasons for departing from a local government's job evaluation system in making an arbitration award and allowing a local government to appeal that decision on the record to district court; and 2. Providing levy base adjustments to adequately finance mandated pay equity implementation. - 28 - GLP-4. 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 important 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 practices 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. The Minnesota Supreme Court is currently considering the interplay between the two statutes and a decision may be rendered prior to the adjournment of the 1989 Legislature. Should the court rule that a city cannot close a meeting to discuss private or confidential data, the legislature should provide a specific exception for discussions of protected data. The Legislature should not make any amendments until the courts provide further direction on the conflict between the open meeting law and data practices act as well as the attorney-client exception to the open meeting law. 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 application 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-5. Tort .Liability and Insurance (B) The League supports legislation reducing the exposure of cities to civil lawsuits without unduly restricting an injured party fro~,, recovering compensation from negligent individuals and also supports_ actions ensuring the availability and affordability of insuranc,.. 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 governmental entities, private businesses, and individual citizens. Additionally, business'practices of insurance 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 irrational distinctions between governmental and proprietary activities. The act has served that purpose 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 government operations to debilitating tort suits continues to require the existence of a tort claims act, applicable to local governments as well as the state. The League recommends the following. 1. Continuing our system of clearly defining and limiting the scope of public liability through legislation is important to cities. 2. The League supports modifying 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 elimination 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. 3. The League favors eliminating joint and several liability except in limited circumstances. The fault-based system of damage awards has apparently, 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 used 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. 4. In order to protect any enacted legislation from constitutional . equal protection challenge, the Legislature should establish rationales defining the problem being addressed and the intent of the Legislature. - GLP-6. Mandates (B) The League opposes any additional mandates unless 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 affirmative action, 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 mandateS. Also, the Legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. GLP-7. Public Contracting (B) The League suDDorts legislative action to clarify and modernize stat~ laws regulating city contracting for improvements, services, and ~aterials which maintain necessary city flexibility. As governmental bodies, cities and other local governments have an obligation to engage in fair and public contracting practices. State laws have attempted to provide guidance to local governments in their contracting practices. The League supports legislation updating these statutes to reflect inflation and to modify provisions as necessary to meet current needs or unique situations. 1. The League supports.referencing the contract amounts over which sealed bids must taken an the amounts specified in M.S. 412.311. These statutes govern purchasing practices of statutory cities. However, a 1978 opinion the attorney general stated that the bidding requirements for statutory cities are governed by the dollar limits of the uniform contracting law rather than M.S. 412.311 This opinion has been followed by most cities although recently there has been evidence of some continuing confusion. In order to clarify the matter the Legislature should adopt language making the two statutes consistent. 2. The Legislature should increase the purchasing authority of city managers in Plan B cities from $1,000 to conform to the amounts in the uniform municipal contracting law for contracts which do not have to be let after taking sealed bids. M.S. 412.691, first enacted in 1949, provides that Plan B managers are the chief purchasing agent of their city. Currently, all purchases for the city and all contracts are made by the manager when the amount of the purchase or contract does not exceed $1,000; but all claims resulting therefrom must be audited and approved by the council similar to other claims. All other contracts and purchases are made by the council after the recommendation of the manager has first been obtained. The Legislature in 1959 increased the statutory amounts from $500 to $1000. It seems reasonable to increase the amount to the level specified in the uniform contracting law for purchases that do not need competitive bidding, which is currently $15,000. 3. The League supports clarifying uncertainties that have arisen regarding when cities must obtain contractor's performance bonds. M.S. 574.26 provides that contractor's performance bonds must be obtained in order to validate any city contract for the doing of any public work, unless the contract is for less than $10 000 Minnesota Statutes 469. ' ' M.S. 469.155 provides that for industrial development projects a city may choose either to require a bond or may rely on the mechanics lien statutes to protect subcontractors, but in a pending court action at least one district court judge has ruled that a city may be deemed negligent if it does not require a bond. GLP-7. Public Contracting (cont'd) (B) An unknown area involves residential developments where the city requires a developer to install public improvements as a condition of subdivision approval. Some cities have required performance bonds or letters of credit to provide subcontractor protection, while others have not. Whether cities are required to obtain bonds in all situations or in none, or whether cities will be found liable in all situations or none, there is a demonstrated need for clarification. Bearing in mind that the purpose of these statutes are to provide the public taxpayer with protection (not private contractors), the. League supports clarifying legislation that allows cities to determine without fear of liability whether bonds or other security should be provided by a particular developer on residential or industrial development projects. 4. The League supports legislation authorizing ~city councils to delegate authority to other city officers, employees, or consultants to approve up to a specified amount or percentage in change orders to pay for unforeseen circumstances both in public improvements under chapter' 429 and in other contract situations under the uniform municipal contracting law (M.S. 471.345). 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. 1. The League opposes any change in the PERA rule of 90 or the current early-retirement reduction factor for current employees, especially vested employees. Members have provided substantial service .in reliance on these beneficial and supposed permanent fund features. The League supports movement toward a 1.5 percent per year of service level benefit formul~ for coordinated employees in small steps which will not unduly influence retirement patterns and which will not commit the state and local governments to unsustainable expenditures. The League opposes lowering the normal retirement age of 65. 2. 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 manipulation of service and salaries to maximize pension benefits without proportional contributions to the fund. 3. Any increases in PERA benefits should be granted only to the extent that proposed contributions and current reserves are sufficient to fully fund the increases in the opinion of one or more recognized pension actuaries who are independent of the PERA organization. Any benefit increase or contribution reductions permitted by excess reserves or excessive current contributions or combinations of the two should be of such amounts as to benefit the employer and employee equally as a percentage of overall employee salary. 4. PERA should not be authorized to create any additional health care plans for retired employees. Contributions to the new public employees insurance plan should be authorized at the request of any PERA member from the member's own account. State law now authorizes collective bargaining for retirement health benefits and employee matched deferred compensation. In addition, the present PERA retirement system in effect provides a cafeteria plan approach t° retirement benefits. Those who need a spousal retirement annuity or life insurance coverage can purchase these benefits from PERA, accepting actuarially reduced primary retirement benefits. Retirees who are not eligible to remain in the group health insurance plan of the.local unit from which they are retiring, can always use their retirement funds to the extent they are adequate to buy health coverage. GLP-8. PERA Benefits, Financing, and Administration (cont'd/ (B) 5. Legislation creating new, specially benefitted classes of enployees, as in the case of the newly created correctional employees plan, should not be implemented because other groups of employees can make equally compelling arguments for inclusion. 6. 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. 7. The LMC supports the continuation of the Minnesota post-retirement investment fund as a means of providing post-retirement increases in the pension benefits of retirees under the statewide pension plans. 8. No money or funding should be transferred directly or indirectly from PERA to less well-funded plans. Since integration 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 combination of administration of the three statewide pension programs. PERA funding should not be put in jeopardy by refund of employer contributions upon privatization or disolution of an employing unit. 9. -The Legislature should amend the present provision on disbursement of the two percent 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 employee or retired employee health insurance costs, instead of requiring Payment 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. 10. Any. changes from current methods of calculating the funding requirements and necessary contribution rates of Minnesota public pension programs are acceptable only if they continue to accrue sufficient asset reserves to provide for losses which the.current actuarial system does not anticipate, but are likely to occur, such as the recent PERA adjustment to recognize increasing pensioner life spans. 11. Volunteer firefighters should be exempted from PERA contribution status. GLP-9. 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 authority of cities and other local units of government to impose residency requirements for their employees. The Legislature has recognized, however, the need for insuring the ability of certain employees to be available to respond to emergency 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. Unfortunately, a drafting error prohibited metropolitan cities from enacting these restrictions. In 1985, the Legislature acted to allow metropolitan communities to impose reasonable time and distance requirements for volunteer firefighters. The result of the 1984 and 1985 legislative actions is a situation where metropolitan communities still cannot impose reasonable time and distance requirements for their police officers, paid firefighters, or any employee, with the exception 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-10. Government Traininq Service Funding The League supports continued state financial fundinq for the Government Training Service. The Government Training Service (GTS) has been invaluable in maximizing training opportunities while minimizing training costs for local government officials and staff over the past 10 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 innovative, low-cost alternatives and exploring cost-effective delivery systems. The Legislature should continue state financial support for GTS. GLP-1t. Workers' Compensation (B) The League supports the elimination of the presumption that heart and lung ailments and certain cancers 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 ailment. Existing workers' compensation Statutes create a presumption that heart and lung ailments and certain cancers contracted by 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 supports limiting the presumption to cases where the employee can demonstrate limited personal risk factors, or alternately the Legislature should clarify the right of a local government to prohibit smoking on- or off-duty by police and fire personnel. GLP-12. Gopher State 0ne-Call (B) The Leaque supports exempting cities and other local units of government from the Gopher State 0ne-Call excavation system. The 1987 legislature enacted a one-call excavation notice system. Among other requirements, the law requires local governments that issue permits for an activity involving excavation to continously display a state prescribed excavator's and operator's notice, and to provide all permit applicants a copy of the state law (M.S. 216D.02). All excavators are then required to contact the state notification center at least 48 hours prior to excavation (except in emergencies). The center is then to contact all operators of underground facilities (cable television, phone, electrical, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and other similar substances in the area which in turn are required to mark their facilities within 48 hours. Though labeled as a one-call notification center, the system will result in multiple contacts. For instance, an excavator will apply to a city with an excavation permit system. The city will notify the excavator of the state law requirements. The excavator then contacts the state notification center which in turn will contact the city, among the operators, of an excavation the city already knowns about and will charge them for the notification. This aspect of the system is absurd and should be modified to exclude notice to cities when they have an excavation permit system which triggers the system. GLP-13. Employee Benefits (B) The League supports leqislation promotinq the efficient and economical provision of life, health, and dental care benefits for city officer~ and employees and specifically opposes legislation which authorize~ employees or groups of employees to unilaterally select particular care providers. ' Cities, like all employers, are alarmed at the rapidly rising cost of health ca~e in Minnesota. Further, health care availability is a critical issue in many parts of the state. The League supports efforts to ensure the availability of quality health care at affordable costs. However, Some past legislative actions have limited cities flexibility in selecting health care providers. Specifically, as an element of the creation of a statewide health plan for public employees the Legislature in M.S. 43A.316, Subd. 5 provided that exclusive representatives may unilaterally determine whether their employees will participate in the state plan, leaving only the proportion of premium paid by the public employer subject to bargaining. The result may be additional administrative or personnel costs to the public employer. The Legislature should eliminate the unilateral selection authority it has granted exclusive representatives. GLP-14. One Class of Beer/Wine In Grocery Stores (C) The League opposes the establishment of one class of beer and the off-sale of wine in other than liquor stores. The establishment of one class of beer in Minnesota would cause substantial problems in controlling 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 without the supervision and controls imposed upon on-sale liquor establishments and municipal liquor stores. GLP-15. Firefighter Certification (C) The League opposes any state-imposed voluntary or'mandatory firefiqhter certification programs, but supports the availability of technical and financial assistance from the state for local or regional training programs. Recent proposals to establish a state professional qualifications board charged with certifying both voluntary and full-time firefighters, are unnecessary 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-16. Military Leaves (C) The League recommends that the statutes be amended to provide that when an employee is temporarily absent because of short-term military service, the employer pay only the difference between military ~ay 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 any other public employee, 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 are 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. Current law which provides for mandatory leaves and reinstatement after wars, declared emergencies, active duty training, and duty training should be changed to provide for mandatory leaves and reinstatement .only after wars and declared emergencies. Employees should not be entitled to leave and be reinstated for active or inactive training duty. GLP-17. Joint Powers Act The League supports efforts to study the current Minnesota joint powers act and recommends that the Legislature refrain from enacting any major changes to the act, prior to completion of such a study and consultation with local joint powers agencies. In conducting a review of the current act, the League urges the Governor's Advisory Council on State-Local Relations or the Legislature to consider 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. - 40 - x5Y? GLP-18. Cable Communications (C) The League supports Strengthening the existing Minnesota Statutes Chapter 238. Cities in Minnesota enjoy among the most modern and technically sound cable communications systems in the world, due to Strong partnerships 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 ordinances. In 1985, the Minnesota Legislature abolished the Minnesota Cable Communications Board, an appointed body of the Department of Administration 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 commissioner of commerce. However, in 1987 the Legislature discontinued any state enforcement of Chapter 238. Minnesota Statutes Chapter 238, in its present form, is very important to local governments because it protects cities rights to enforce local standards and cable operator commitments for technical construction, and.programming performance. ' Any change made to chapter 238 should strengthen the authority of local governments to franchise and regulate cable communication systems in their communities. Additionally, the State of Minnesota should reinstitute active monitoring, administration, and enforcement of Chapter 238 with specific reference to the proper filing of initial and modified franchise ordinances. GLP-19. 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 prerogative, and the mechanism for license review, issuance, and enforcement is already in place. The primary reason that local licensing has been successful and therefore maintained at the local level is that inspection and enforcement personnel reside at the local level, know the area and activities, and are familiar with local ordinance and restrictions, thus providing better and faster enforcement. 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 contractors and may result in a reduction of small contractors who operate in only a limited number of communities. GLP-20. Local Police and Paid Fire Relief Associations (C) 1. Individual local police and fire relief associations, with city consent, should be allowed to merge into the PERA police and fire funds only under the uniform policy enacted at the 1987 session. 2. The establishment of multiple mechanisms to make post retirement adjustments to protect retirees in local police and paid firefighter pension plans is illogical, confusing, unnecessary, and disruptive. If the Legislature determines that "escalation" (pensions adjusted by the percentage increase of wages of active members)presently in effect does not offer adequate inflation protection, that mechanism should be adjusted or abolished. However, no new mechanism such as that authorized for Minneapolis police or firefighters in laws 1988, chapter 574, should be authorized while "escalation" remains in effect. If despite city objections, the Legislature authorizes another benefit increase for local police and paid fire members, all costs of the benefit increase should be borne by the state. 2551 GLP-21. State Financing of the District Court System (C) The League supports the transfer to the state of the obligation for financing the state district court system, including the public defender system provided that the transfer or related actions not reduce city revenue sources or limit city access to the judicial system. The 1988 Legislature requested the Minnesota Supreme Court, in consultation with the Association of Minnesota Counties, to appoint a task force to study the relationship between the district court system and the counties and to make recommendations regarding the control and financing of the district courts in time for consideration by the 1989 Legislature. Additionally, the Governor's Advisory Council on State-Local Relations has been studying this same issue. The League generally supports the transfer of court system financing obligations to the state as necessary and proper following the recent transfer of the administration and oversight responsibilities to the state. However, similar to the position of the state Legislature, administration, courts and public defender system, cities do not want to be negatively impacted by the transfer either financially or administratively. The League specifically opposes any effort to divert to the state fines, fees, or other revenues meant to partially compensate cities for their law enforcement and prosecution costs.. GLP-22. Social Investing (C) Public employee pension funds should be invested solely for the purpose of maximizing investment return while maintaining the security of th~ principle~ 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 membership of which is limited to persons qualified to manage investment portfolios for large pension programs. GLP-23. Towinq of Abandoned Vehicles (B) The League supports legislation clarifying the authority 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 165B.04 provides a detailed process to accomplish the removal of health hazards and eyesores. Unfortunately, the recent legislative act could be construed 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." The law should be amended by adding an exclusion for private towers who act at the direction of a city following the procedures prescribed in Minnesota law. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) Land Use, Energy, Environment, and Transportation Policies Policy LUEET-1. Wastewater Treatment Priority A LUEET-2. Solid and Hazardou~ Waste Management A LUEET-3. Transportation A LUEET-4. Ground and Surface Water Management B LUEET-5. Land Use, Zoning, .Subdivision, Planning, and Annexation B LUEET-6. Environmental Trust Fund B LUEET-7. Pesticides and Other Hazardous Materials C LUEET-8. Eminent Domain C LUEET-9. Energy Conservation C PROPOSED POLICIES LAND USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION LUEET-1. Wastewater Treatment (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. Unfortunately, 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 treatment facilities. Since 1978, federal grant funding for the wastewater treatment construction grant program has been rapidly phased out. The same budget constraints facing the federal government exist at the state and local level but to a greater degree due to limited revenue'. Sources. 1. The League supports federal and 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 essential, either from state bonds or general revenues. 2. The League supports equalization efforts. Cities which received finan 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 of the project costs. Principles of fairness dictate 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 communities. Revenues to finance this equalization effort should not diminish other wastewater treatment financing programs. 3. The League also supports alternatives to grant programs. Revolving l'oan funds are acceptable financing alternatives to the extent that grant programs are not sufficiently funded and the loan program is supplementary to, and not'a replacement for, grant programs. Any lo~n program should take into consideration varying local financial capabilities. 4. 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 VMinnesota Pollution Control Agency and provide reimbursement to communities on the basis of proven performance in reducing pollutants LUEET-1. Wastewater Treatment (cont'd) (A) in wastewater effluent. The program should be structured to the extent practical to avoid discouraging privatization and innovative treatment methods. The reimbursement program should be structured to ensure state financing within a reasonable period of time, not to exceed five years. Entry into the reimbursement program .should be predicated on financing being available within the five-year period. 5. The League supports a full review by the Legislature of water quality permit fees and opposes the imposition of these fees on local units of government to the extent that the actual state's costs can not be specifically justified and only serve as an alternative means for the state to raise revenue. If fees are determined to be properly imposed on governmental units, the fees must be based solely on the cost of actually providing governmental services to the political subdivision, and private sector alternatives should be made available to ensure minimal costs to local taxpayers. 6. 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. 7. T~e League supports recent Pollution Control Agency efforts to have agency .staff available to communities as resources for operator assistance, evaluation of treatment needs, educational or liaison efforts, and rate-setting assistance. The League particularly supports the utilization of neighboring city staff as additional advisors for communities. The League requests that the legislature provide additional staff and resources to the agency to continue and expand the community assistance program. 8. The League also supports the continuation of education and resear6h on individual wastewater treatment systems. LUEET-2. Solid and Hazardous Waste Management (A) Leaque suDDorts state programs designed to minimize or eliminate the need to landfill solid and hazardous waste. The problem of regulating, controlling, and disposing of solid and hazardous waste will be one of the major environmental i~ues 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 system 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 regulate or operate existing landfills, and the state to coordinate responsibilities and plan for future disposal 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 egislation that may be considered should enhance and not diminish the mphasis on these concerns. 1. Effective Planning. To the greatest extent possible, all levels and units of government and the private sector should be involved in all phases of planning and managing the solid and hazardous waste streams to assure a cost-efficient and environmentally sound solid waste and hazardous waste disposal system. 2. 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 practical, the need for land disposal of unprocessed solid waste, and to totally eliminate the land disposal of hazardous waste. The League supports annual statewide recycling goals for local governments based on a percent of total tons of mixed municipal solid waste generated. 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 to implement their responsibilities. Mandatory 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. ~ocal control and management of these funds must'be provided for in any ~inancial assurance requirements. LUEET-2. Solid and Hazardous Waste Management (cont'd 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. 3. Funding for Recycling, Reduction, and Abatement Efforts. The League supports alternatives to general taxes as sources of financing conservation efforts. These alternatives 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. 4. Financial Incentives for Recycling. The League supports container deposit legislation and other efforts to provide a financial incentive for individuals to recycle. 5. Financial incentives for degradable packaging. The League supports efforts at the state and federal level to institute financial incentives to use degradable packaging materials as well as recyclables. 6. Clean-up of Hazardous Substance Locations. 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 identified, then the clean-up should be financed by the state superfund. Cities which acquire land, should not because of their acquisition, become the responsible parties for cleanup. 7. Condemnation Awards. The League supports legislation ensuring that condemnation 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. 8. implementation of Federal Superfund Community Right-to-Know Provisions. Amendments to the federal superfund law require individuals and businesses possessing hazardous materials to report the size and nature of their inventories to state and local agencies. 9. To the extent that cities' abilities to organize solid waste collection is impaired by judicial intent of federal or state antitrust laws, the Legislature should amend either the organized collection or antitrust laws to enable cities to effectively organize solid %;aste collection. The new law and subsequent regulations have the potential for imposing significant costs on local governments. These additional costs and LUEET-2. Solid ~and Hazardous Waste Manaqement (cont'd) (A) administrative burdens should be carefully monitored and efforts made to reduce the impact on cities, such as seeking to consolidate the reporting, recordkeeping, and inspection requirements. Additionally, cities, as the likely first respondees to any incident, should be given priority in establishing emergency response plans. - 51 - LUEET-3. Transportation (A) The League suDports legislative action providing an adequate and stable source of highway and transit funding. An efficient transportation system is a vital element in planning for the fiscal, economic, and social 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 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 almost assUred when the governor proposed suspending the transfer of the estimated $225 million generated by the motor vehicle excise tax (MVET) from the state's general fund to the highway and transit fund. The Legislature agreed with the non-transfer of MVET and these MVET funds, along with an approximate $700 million dollar tax increase, used to balance the state's general'.fund. In 1987, the Minnesotai'Department of Transportation 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. The 1988 Legislature partially addressed the funding issue by providing for the transfer of 35 percent of the MVET. Additional road'funding is necessary. Tied in with the funding issue are the issues of jurisdiction studies and turnbacks, and potential constitutional amendments regarding dedication of the motor vehicle excise'tax to the highway fund and the current allocation formula (62 percent to the state, 29 percent to the counties, and nine 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. classifying roads as collectors, arterials, etc.) have'for the most part been completed. Some advocate the assignment of road maintenance responsibilities to other levels of government. The League recommends the following. 1. The League supports the continued dedication of the sales tax on motor vehicle sales for transportation purposes, and advocates the prompt transfer of 100 percent of the motor vehicle excise tax into the high~.3ay user and transit assistance fund. LUEET-3. Transportation (cont'd) (A) 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. 2. The League supports legislative efforts to establish a system of direct appropriations to cities under 5,000, either through a constitutional amendment modifying the 62-29-9 formula, or out of the current 29 percent 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 required 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. 3. As an alternative to increased state funding, 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 treatment 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 revocation is effective. Other changes needed to facilitate turnbacks include: a) 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 concurrence and without penalty as currently imposed by the rules; b) The League supports use of a portion of the highway motor vehicle excise tax to provide an adequate source for turnback funds, and; c) 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 continue to designate a percentage of new road growth as part of the state-aid system. 4. The special state bonding program should be continued to provide funds for counties, towns, and cities for the'replacement or repair of bridges. LUEET-3. Transportation (cont'd) 5. Mass transit funding should remain a priority for the state. Funding for the existing level of operation for mass transit should be maintained at a fixed share formula for local governments. 6. The Legislature should continue the Minnesota Department of Transportation as the ride-share program coordinating agency, and to provide adequate funding ~or its continuation. 7. 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 existing ~ailroad trackage/right-of-way are petitioned for abandonment, these or portions thereof, should be preserved by appropriate government agencies through alternate public use, until rail systems once ~ain become economically feasible or needed because of energy considerations. 8. The Legislature should restore the bikeway grants program in order to promote safety in a growing recreational activity. 9. 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 prob!en~5 caused by these trucks, such as off-tracking of.rear wheels, acceleration distance needs, and time and distance required 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 approved, similar to park dedication fees, or on existing open lots when a building permit is issued. Growing communities are finding~it increasingly difficult to finance construction of facilities needed for new residential, commercial, and industrial development. Assessment to ~eveloping 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. Un,er curt.ant la%.~ only the abutting benefitted 'property-. ca~ ke ~s~e?~d, ~. -L~?~ ~v_~ tc the degree of benefit, which in mc=~ c~=== ~=~ ~. .... ~_~]/ ~r~'~qi~ to pay for an upgraded road~;ay tha~ service~. ..a .i~.r.~e'~ ~,~,~2~a~.cn. The Legislature has recognized similar situations a~]%i auhhcri~e~ cl~arges to provide · ~-- ~=c~.=a ~ .... o~.~rty. The most facilities not directly abuttin9 common is park dedication fees sn a ~er unit or areas basis. The Minnesota Waste Control Commission ~wer availability charge is another similar fee. LUEET-5. Land Use, Zoning, Subdivision, Planning, and Annexation (B) The League opposes amendments to the existing planning enabling statutes that restrict cities' current substantive and procedural flexibility to address unique circumstances. 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 jurisdictions and service areas are wasteful and counter-productive. Additionally, shoreland and prime agricultural land are major natural and economic resources and the state must include as a major objective, their preservation and wise use. 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 shoreland and prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The League recommends: 1. That state statutes regulating annexation be changed to make it easier for cities to annex developed or developing land, within unincorporated 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 2. Cities' current subdivision authority to regulate subdivisions over county regulations as provided in M.S. 462.358; and 3. 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 League recommends providing for veto power over the landowner's petition by either of the affected cities. The Governor's Advisory Council on State-Local Relations has completed a thorough review of the state's planning and zoning laws. The League participated in this study. A subcommittee of local elected officials was formed, to review the recommendations 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 introduction in the 1989 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. LUEET-4. 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 conservinq 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. The League supports as a basic principle that no one has the right to pollute either ground or surface water resources. A reasonable relationship of economic and social costs and benefits shoUld be a precondition toward achieving a goal of non-degradation or treatment resulting in clean water. The ability of cities to meet goals must recognized as contingent upon the availability of adequate funding, including state assistance. These principles should apply to both the protection of our drinking water supplies and the operation of municipal services. BecaUse water issues affect many state agencies and come under the jurisdiction of numerous legislative committees, policy making in the area of water resources has been somewhat fragmented and confused. The League, therefore, supports the creation of a legislative commission on water. The commission should be similarily structured and empowered as existing commissions on waste management and employee relations. The commission should be charged with reviewing legislative and agency roles and relationships. The League proposes that the commission be. sunsetted in five years to provide for a review of its effectiveness. Local units of.government should retain the basic responsibility for surface water management, as they are the level of government closest to the problem. In 1982, legislation required local governments in the metropolitan area to adopt surface 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 should be studied and dispute resolution mechanisms should be re-evaluated. The Legislature should provide additional funds to further encourage cities and other local governments to undertake water planning activities. Special levies should also be made available to fund water ~anaqer~ent projects. LUEET-5. Land Use, Zoning, Subdivision, Planning, and Annexation (cont' d) Specifically, the League supports: 1. Changing the requirement of undue hardship to a more reasonable standard, which would loosen the current standard to reflect common practice in granting variances; and 2. Requiring the adoption of a comprehensive plan in order to have zoning or other land use controls as long as the comprehensive plan can merely 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 comprehensive plan. Metropolitan cities have had this requirement for several years; and should continue to be covered by the Metropolitan Land Planning Act. Cities should have a five year grace period, after which failure to adopt a comprehensive plan would invalidate all official controls. The League strongly opposes the following. 1. Mandating administrative procedures and roles of elected and appointed officials which eliminate or diminish the decision-making authority and flexibility municipal officials need, and now have, under the.current enabling law. 2. The League opposes requiring the creation of a separate planning commission or board of adjustment. These requirements would unnecessarily 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 members. At the very least, an intermediate appeal from the board of adjustment to the council should be allowed by ordinance. 3. The League is opposed to 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. 4. The League opposes requiring that zoning controls be rigidly consistent with the comprehensive plan. The courts have used inconsistencies between the plan and ordinances that almost inevitably 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 consistent. This has greatly solved the problem and should not be unnecessarily modified. 5. The League disagrees with 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 controls that ogovern 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 LUEET-5. Land. Use, Zoning, Subdivision, Planning, and Annexation (cont"d) (S) planning board which would serve as a joint planning commission for the' designated 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 advisory 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. 6. The Department of Natural Resources is proposing amendments to the state's shoreland regulations. These rule amendments will necessitate the modification of all local shoreland ordinances. While experience with the current state regulations has demonstrated the need for revisions in order to effectuate state policy regarding the use of shoreland areas, the state must provide technical and funding assistance to cities and other local units of government in 'modifying local plans. Funding assistance should not be based solely on miles of shoreland within a jurisdiction but should also reflect the greater development pressures in cities. LUEET-6. Environmental Trust Fund___~ If the voters approve by constitutional amendment the creation of an environmental trust fund, the Legislature should act promptly to include as eligible programs wastewater treatment facilities, suDerfund cleanup actions, and solid waste disposal facilities. The 1988 Legislature concluded that all Minnesotans share the responsibility to ensure wise stewardship of the state's environment and natural resources for the benefit of current citizens and future generations, and that the proper management of the state's environment and natural resources requires foresight, planning, and long-term activities that allow the state to preserve its high quality environment and provide for wise use of its natural resources. In order to provide a long-term, consistent, and stable source of funding, the Legislature has asked Minnesota's citizens to approve the creation of a constitutionally dedicated environment and natural resources trust fund financed by one-half of the state lottery (if alSo approved by the voters) and other state appropriations. Although the fund would be constitutionally created, the eligibility of programs and projects for funding would be set by statute. Current law provides that the following programs or projects will be eligible for financing from the trust fund: * R.I.M. (Reinvest in Minnesota), a program encouraging the use of marginal agricultural land as wildlife habitat; * Research projects; * Data collection; * Public education programs; * Capital projects preserving or protecting unique resources; and * Activities that preserve or enhance wildlife, fish, and other natural resources that otherwise may be ' substantiallly impaired or destroyed in any area of the state. Projects or programs specifically excluded from eligibility include: * Superfund cleanup actions; * Wastewater treatment projects; and * Solid Waste Disposal Facilities (incinerators, landfills, etc). The legislation does provide that if the principal of the trust fund reaches or exceed $200 million, up to five percent of the fund ($10 million) may be uSed to provide cities with below market rate interest loans to cities for water system improvements. Every one of the environmental protection programs identified as ineligible to receive trust funds have estimated needs of tens and hundreds of millions of dollars. The need to allocate governmental resources to ensure adequate and clean water for drinking, recreation, .nd commercial use should be one of Minnesota's highest priorities. efficient management of solid waste is also an immediate and demonstrated need. Yet these programs are ineligible for trust fund financing. LUEET-6. Environmental Trust Fund (cont'd) (B) A trust fund may indeed be needed. But the Legislature should act to ensure that an environment and natural resources trust fund not ignore· current serious and expensive environmental problems. A balance between short- and long-term environment and natural resource needs should and can be established. The state should adequately finance current programs designed to provide this and future generations with a quality environment and abundant natural resources, and increasing the types of programs eligible for funding from the trust fund is one way for the state to meet its obligations. LUEET-7. Pesticides and Other Hazardous Materials (C) The League supports legislation requiring local consent prior to state licensing of agricultural and industrial chemical storage and distribution centers and enabling local units of government to regulate the intra-cit~ transportationr storage, and application of pesticides and other hazardous materials. Individuals and governments at all levels are experiencing 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 survey, almost 30 percent of public water supplies and over 50 percent of private wells were found to be contaminated. The Minnesota 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 locally established standards could lead to the granting 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 department of agriculture should be required to obtain local consent prior to the licensing of agricultural 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 state regulation of agricultural-chemical run-off from aerial spraying and ground application of pesticides that may affect water quality, as well as research into the long-term effects ~of the use of agricultural chemicals on the general population, and possible alternatives for the agricultural industry. LUEET-8. Eminent Domain Law (C) The League-recommends that the Legislature undertake a comprehensiv~ study of the eminent domain statutes. The League believes the entire eminent domain process should be critically reviewed and streamlined. This examination should include a re-evaluation of the advisability of an alternative system of review of condemnation awards. For example, a professional referee, a hearing examiner, etc., rather than a court; using a Professional referee in lieu of three commissioners to establish the value of the land; the ic 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 condemned property; and the legality and feasibility of collecting past property taxes on property in instances where the award is substantially in excess of the market value of the property for tax purposes. LUEET-9. Energy Conservation (C) The League supports legislation providing incentives for energy conservation in both the public and private sectors. Overall energy conservation strategies involving the public, private, commercial, and industrial sectors 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. 1. Conservation Efforts. The League recommends support of the use of bonding and special levies by local governments for implementation of energy conservation measures, including building energy audits. This authority would supplement the current municipal energy loan program. The Legislature should also continue to encourage private sector conservation through tax credits and other incentives and should explore the possibility of expanding incentives for earth-sheltered, super-insulated, and underground development. 2. District Heating. The League supports efforts to promote statewide applications of.district heating technology including, providing additional 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 continuing use of the State District Heating Bond Program for renovation of existing district heating systems. 3. Energy Assistance. Rising energy costs will continue to place a burden on the economic vitality of communities in Minnesota. The League recommends: a) continuation of the fuel assistance program for low-income househoIds, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participatipn in weatherization programs if the recipient is the owner; b) support for weatherization programs operated through cities, counties, and Community Action Program agencies, and; c) c°ntinu~d support for the Minnesota Housing and Finance Agency's loan and grant program for home weatherization. 4. Local Regulatory Authority. Local governments are in the best position to 'assess local needs and regulate energy consumption within their conmunities. The League recommends giving any municipality the option ~o adopt and enforce an energy code that may be more stringent than the state building code for purposes of energy conservation. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227-5600 (FAX: 221-0986) REVENUE SOURCES PROPOSED POLICIES Policy RS-1. RS-2. RS-3. RS-5. RS-6. RS-7. RS-8. RS-9. Property Tax Reform Local Government Aid and State Funding to Cities Elimination of Levy Limits Truth in Taxation Sales and Motor Vehicle Excise Tax Extension State Administrative Costs Stability of State Revenues Sales Ratio Issues Equipment Financing RS-10. Interest Limits on Municipal Bonds RS-Ii. License Fees RS-12. Railroad and Telephone Taxation RS-13. Tax-Exempt· property RS-14. Local Option Taxes RS-15. State Audits and City Financial Reporting Requirements Priority A A A A B B B B C C C C C C C PROPOSED POLICIES REVENUE SOURCES RS-1. Property Tax Reform (A) At this time, the Revenue Sources Committee does not wish to recommend to the general membership property tax reform policies that may hamper the future work and recommendations of the recently formed League Coordinating Committee on Property Tax Issues. The Revenue Sources Committee is hopeful that the Coordinating Committee will come to agreement on a property tax reform proposal. If such a proposal is agreed to, the Revenue Sources Committee recommends that the proposal be referred back to the Revenue Sources Committee for consideration, and then to the LMC Board of Directors for final review and approval. If the Coordinating Committee is unable to reach agreement on a property tax proposal, then the Revenue Sources Committee intends to reconvene to develop policies for the Board's review and approval before the upcoming legislative session. RS-2. Local Government Aid and State Funding to Cities (A) League supports continuation of the local government aid (LCA) program as an essential component of the state's property tax relief system. The League commends the 1988 Legislature for recognizing the need for additional property tax relief by substantially increasing local government aid funding for 1989. For the future, the League recommends that, at a minimum, the LGA appropriation be increased annually to kee~ pace with the rising costs of providing local government 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. Local government aid should not be sacrificed in any attempted reform of the state's property tax structure, nor should funding for categorical aid ~rograms replace cities' LGA funding. For example, the Year of the City program should not be considered property tax relief, and state property tax relief funds should not be used to finance this program. In addition, funding for the Year of the City program should benefit all cities, not just first class cities. Furthermore, new categorical aid programs which address specific problems should utilize the broadest and most inclusive definition of a prob!~m as the criterion for city participation, .'rather than a city,s geographic location or size. al goVernment aid is a major source of revenue which complements cities' other significant 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 because 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. Cities are critically dependent on state funding to reduce property tax burdens in their communities. In past years, state appropriations for local government aid did not keep pace with the cost of'providing services. The freezing of LGA payments added 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 isupport (particularly the elimination of general revenue sharing), costs growing faster than the general inflation rate, and the.need to implement state and federal mandates. is important to put our current property tax'relief financing ructure into some historical perspective. Tax and government financing reforms enacted over the past two decades dramatically RS-2. Local Government Aid and State Funding to Cities (cont'd) (A) 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 legislation, 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 services. For nearly two decades, the state has appropriately 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. - 69 - RS-3. Elimination of Levy Limits (A) The League recommends that the Legislature repeal the levy limit lawsr especially in light of the new Truth in Taxation requirements. Removal of levy limits would enhance local accountability and allow cities to plan for and respond to changing financial conditions, Darticularly declines in federal and state aid, and increasing co,ts of mandates. The 1988 Legislature once again imposed extremely stringent levy limits on cities for payable 1989 and 1990. These levy limits are severely limiting cities' abilities to compensate for cuts in federal financial aid as well as making it nearly impossible to deal with rising costs resulting from various state mandates, such as comparable worth. Furthermore, the combination of very tight levy limits in 1989 and large LGA increases for certain cities forced some dramatic reductions in cities' levies, making those cities more vulnerable to future state cutbacks in aid. Despite previous assurances that tightened levy limits would only be temporarily imposed, the new law actually imposes additional levy limit restrictions in future years as well. In particular, the new law calculates a city's levy limit based on what the city actually levied in the prior year, rather than on what the city was authorized to levy. in the previous year. This added tightening of the levy limit base can have 'the unfortunate effect of strongly encouraging cities to levy to their maximum, limits in order to preserve their future levying authority. If such stringent 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 adjustments, and other factors force cities to adjust their budgets and levies. Levy limits prevent some cities from using property taxes as a source bf revenue to provide for adequate reserves or absorb increased 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 expected to quickly respond to changing federal policies, state mandates, court rulings and market forces, such as those affecting the insurance industry. Statewide limits artificially constrain the options available to elected officials and are too inflexible. Given uncertainties in state and federal financial aids, and the diverse problems and circumstances faced by cities, levy li~fits are unworkable. Th~se limits are inconsistent with the principles of local self-government and accountability.and should therefore be repealed. RS-4. Truth in Taxation (A) The League recommends improvements in the truth in taxation law designed to make the process more meaningful for property taxpayers and more workable for cities and other local units of government. The League believes that all levels of local government (including counties and school districts) as well as the state government should be required to follow similar truth in taxation requirements for public hearings on budget and tax issues. The Legislature should make changes in the following areas: 1. Once a workable truth in taxation process is in place~ levy limits should be abolished. If the Legislature continues to impose restrictive levy limits, then only cities which need to exceed their levy limits should be required to go through the Truth in Taxation process. For Payable 1990, cities will be under a very restrictive three percent levy limit that will not even allow inflationary budget increases. As long as cities are held under such tight levy limits, they should not be required to go through the extensive and costly truth in taxation process. 2. Local governments should be permitted to use a more general (rather than individualized) property tax notice so that they will not have to propose their budgets and certify their levies as early as August 15. If the August 15 levy certification date continues to be required~ local governments should be allowed to amend at a later date their proposed levies certified to the county auditor. In addition, the truth in taxation process should apply only to a local unit's levies, not its total budget. Truth in taxation now requires budget adoption and levy certification by August 15. Many cities will have a difficult time realistically assessing their budget needs so far in advance of the beginning of the budget year'. The early certification date, in combination with the rule that the city's final October 25 levy cannot exceed the original August 15 levy estimate, could work' against responsible budgeting and force some cities to overestimate their budget needs in August in order to avoid potential revenue shortfalls. ~ 3. The method for calculating the proposed tax increases shown on taxpayer notifications should reflect as accurately as possible the actual year-to-year increases or decreases occurring in taxpayers' tax bills. In addition, the notifications should indicate each local taxing district's gross levy for both the previous year and what is ~roposed for the current year. The methodology for calculating tax Increases proposed by truth in taxation can yield misleading results for taxpayers. In some cases, the tax increase notices will overstate proposed tax increases, while in other cases, the notices will understate increases. 4. For publishing notification of its truth in taxation hearing, a city should be allowed to use its official newspaper as long as that newspaper is one of general interest and readership in the community. RS-4. Truth in Taxation lcont'd) (A) 5. In order to provide for meaningful public input, the truth in taxation public hearing process should specifically provide for a recess or continuation of the hearing without additional notification. As currently structured, truth in taxation provides for only one hearing at which public input is solicited and modifications are made in the proposed levy. It will not be workable for many cities to receive public comment and make significant modifications in their proposed levies during a single hearing. 6. Truth in taxation law stipulates that counties allocate to individual local units the costs of preparing and mailing truth in taxation notices. The League recommends that counties be required to provide detailed justification of such cost allocations and that a process for appealing those charges be provided for cities, schools and other affected taxing jurisdictions. 7. Small cities should remain exempt from truth in taxation. Forcing small cities to adhere to truth in taxation would be costly and place administrative burdens on cities with a limited number of staff. RS-5. Sales and Motor Vehicle Excise Tax Extension (B) 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 purchases 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. This excise tax, however, does not apply to public safety vehicles. Forcing local governments to pay the state sales ta× amounts to one level cf government taxing another. This increased sales tax will directly result in increased local property taxes. In defending the governor's sales tax proposal, the revenue department argued that the increased local costs caused by the sales tax would be relatively insignificant, add thus would not necessitate increased property taxes. However; 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 estimated by the revenue department. Given these findings, ~t is clear that mpcsing the sales tax on local government purchases would increase vproperty taxes. RS-6. State Administrative Costs (B) The League strongly opposes deducting state administrative costs from funds appropriated for property tax relief. In addition, if a state agency is required to recover costs through a state charge-back for services to local units, then during administrative hearings the state should be required to justify their charges on the basis of the services provided to the individual local unit. Ail 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 staffing and funding levels for state agencies are made by the appropriations committees, tax policY decisions should be handled by the tax committees. When state administrative costs are financed through the local government aid (LGA) appropriation, 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 allocations 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 inappropriate action in the League's opinion. Furthermore, LGA funds are being used to finance auditor and department of administration 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 government. 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 allow the tax committees to fully determine the level of property tax relief to be provided. - 73 - Stabilit~ of State Revenues ~B) The League urges adoption of fiscal and revenue policies that will stabilize state revenues and thereby lead to more predictable fundin~ levels for local governments. Inevitably, the stability of revenue~ flowin~ to local governments is dependent on the stability of revenues flowing to the state. In this regard~ the League sUpports th~ establishment of a permanent budqet reserve equal to a minimum of five percent of total state outlays. As soon as ~ossible~ the reserve should be built up to a more adequate 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 problem~~ because of the sharp and unexpected decline in state revenue. tate aids to local jurisdictions were cut substantially and aid ayments Were delayed,, often in the middle of the budget year, when compensating action 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' distribute 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 services required by their citizens. Should problems with budget shortfalls persist even after establishment of a budget reserve, the Legislature should consider additional policy options to stabilize state revenues, including: * Broadening the sales tax base. lead to mcre stable revenues; Broadening the sales tax base could * Temporary suspension of indexing of the state income tax structure or temporary increases in other taxes (such as the sales or income tax) in the event of a sizable budget shortfall. The League supports an automatic increase in income and corporate tax rates when the budget reserve is forecast to fall below $150 million; and * 'Refrainin~ from further income or sales tax reductions unless it in :ertain that bud_~et shortfalls will not materialize. RS-8. 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 actual 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 governments 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-9. Equipment Financinq (C) The League commends the Legislature for amending M.S. 412.32 to allow all Minnesota cities to issue "five-year equipment certificates# in an amount not' to exceed one percent of the city's assessed valuation in any given'year. No reverse referendum provision will apply unless 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 equipment (M.S. 412.301). If the amount of the certificates exceeds one percent of the city's assessed valuation, a reverse referendum provision applies. 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, under the original law, the total principal amount of the certificates (or "capital notes") issued in a fiscal year was limited to no more than one-tenth of one percent of the city's assessed value that year. In many cities, this limit was prohibitively low, and effectively prevented the city from makin~ use of the authority granted in this statute. RS-10. Interest Limits on Municipal Bonds (C) League commends the LeGislature for repealinG interest rat~ 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 investments 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 incentive to keep issuanc~_.costs as low as possible, x RS-ii. License Fees (C) The Legislature should repeal all maximum fee provisions relating to off-sale liquor, on-sale wine, bottle clubr and Sunday liquor licensesr and allow cities to decide locally the appropriate fee to charge for such licenses.. With few exceptions, the statutes granting authority 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 business. It is inappropriate for the Legislature to set maximum fees for off-sale liquor,.on-sale wine, bottle 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 pod;er ~c set fees for off-sale liquor, on-sale wine, bottle club, and ~unday liquor licenses. There is no evidence tO show that lifting the ~tatutory cap would lead to unjustified fee increases. Scne reasonable increases in off-sale license fees could be expected since the statutory ma>~imum fee has not been increased in over 30 years. RS-12. Railroad and Telephone Taxation (C) A new formula should be adopted for the valuation 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 taxation of commercial/industrial property and, furthermore, should be assessed and collected at the local level. The existing system for taxation of railroad operating property is not consistent with the taxation 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 railroads and telephone companies operating in Minnesota in a manner consistent with the taxation of the commercial and industrial properties. - 77 - RS-13. Tax-Exempt Property ~ate, county, school district, city, regional government, and other owners of tax-exempt property (except houses of worship/ should bn required 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 government bodies, and by certain non-government organizations. It is widely acknowledged that such properties directly benefit from government services such as police and fire protection and stree~ services provided by cities. Since there is no legal basis for claiming reimbursement for the costs of such services, they are borne by the local taxpayers. Furthermore, such property is concentrated in certain cities, resulting in a heavy and disproportionate cost burden upon those cities. Special assessments aqainst state property Current law (M.S. 435.19), provides for the collection 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 impractical 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-iL. Local Option Taxes The League.recommends that cities be given local option to raise other non-traditional revenue sources~ such as sales taxes, to enhance local financial 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 cf funding for city services, alternative revenue sources to supplement existing sources are imperative. RS-15. 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. Additionally, the state auditor should not be given the power or responsibility to audit local governments or their instrumentalities. The League supports requirements 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. League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) Policy FL-1. Federal/Local Federal Legislative Fiscal Relations FL-2. Federal Mandates FL-3. Homelessness/Housing Issues FL-4._ Cable Television Regulation FL-5. Solid Waste Management FL-6. Housing Priorities FL-7. Highway and Airport Trust Funds FL-8. Refugee Assistance Proposed Policies PROPOSED POLICIES FEDERAL LEGISLATIVE FL-1. Federal/Local Fiscal Relations Municipal Financing Issues: The League of Minnesota Cities supports the authority of cities to issue tax-exempt municipal bonds. The League urges Congress to eliminate restrictions which reduce or limit cities' authority to use tax-exempt financing and to resist efforts to intrude on local bonding authority. The League continues to support tax-exempt financing to provide low- and moderate-income housing rehabilitation loans, targeted job credits and low income housing tax credits, and urges that such programs be extended. Congress must not use recent Supreme Court action which removed the immunity from taxation for municipal bond interest as an opportunity to impose new costs on cities and hinder the ability of local governments to finance needed improvements and to strengthen the economy and stability of cities. Further, LMC urges Congress to expand the current exemption for smaller issuers from arbitrage and rebate requirements by increasing the total annual bond issuance exemption from $5 million to $10 million. Federal regulation of municipal bonds should not require unnecessary reporting requirements. Neither should interest income from municipal bonds be taxed for failure to report issuance to federal regulatory authorities. No federal arbitrage restrictions should apply to municipal bond reserves or sinking funds. Arbitrage which results from fluctuating interest rates, issuance procedures, prudent management of the bond issue, or' refundings should not be subject to retroactive tax liability. As a result of the U.S. Supreme Court decision in South Carolina v. Baker, cities strongly urge the federal government to maintain local authority to issue tax-exempt bonds. Since the constitutional protection of intergovernmental tax immunity has now been set aside, cities insist that Congress uphold the tax-exempt status of municipal bonds and refrain from interfering with traditional methods of local government financing. Single Family Mortgage Bonds The League urges Congress to extend cities' authority to issue single-family mortgage revenue bonds until December 31, 1991, and to oppose recapture provisions and effective dates for new restrictions on the program. FL-1. Federal/Local Fiscal Relations (cont'd) Mortgage revenue bonds (MRBs) should be pez-mitted and the authority to issue such bonds extended for at least three more years to support redevelopment efforts and to aid homebuyers in purchasing housing which they could not otherwise afford. Limiting household incomes and targeting to areas where 50 percent or more of families have incomes of 80 percent or less of the statewide median as well as areas of severe economic distress determined by the city are reasonable criteria in restraining the availability of MRBs. Recent U.S. House action to approve tax legislation resulted in adoption of changes affecting MRBs. The. 1988 technical corrections act contains provisions that would severely limit the usefulness of the bonds through requiring the recapture of a portion of the interest "subsidy" received by the buyer if the home is sold within five years. The recapture provision and the effective dates of the new limitations threaten to impose retroactive tax liability on bond issuers and impose unreasonable costs on low-income first-time home buyers. The purpose of the program is to provide homeownership opportunities to home buyers with limited income and to allow greater housing flexibility as family conditions change by giving such families a means to build home equity. The proposed effective date for recapture provisions could result in some serious problems, including possible disclosure problems for bond issues sold during the last several years which still have mortgage money outstanding. In addition, further bond sales planned for 1988 could be curtailed or eliminated because of bond counsel requirements that regulations implementing the new provisions be in place before bond sales are permitted. Modifications of Excise Tax Payments: The League urges Congress to repeal 1987 tax provisions that require cities to pay gasoline and diesel excise taxes and apply for rebates from the federal government. While supporting amendments to permit wholesalers to sell tax-free gas and diesel fuel to cities, LMC urges repeal of intrusion on cities' exemption from such federal excise taxes. Cities must, at the very least, be accorded similar treatment with farmers and boatowners, who have been granted the protection of tax-exemption for~ fuel purchases. The impact of the current law is particularly harsh on operating.budgets and record-keeping responsibilities of small cities. The law increases the cost of providing essential services including police, fire, and emergency response. Non-elected Deferred Compensation: The League urges support for legislation to define bona fide employee benefits and to clarify that benefits such as sick and vacation leave woa~d only be taxed when taken--not Qhen accrued. FL-1. Federal/Local Fiscal Relations (cont'd)' Municipal Retirement Plans: The League also supports House language that would permit distribution of retirement benefits when an employee actually retires rather than mandating distribution at age 70.5. - 85 - FL-2. Federal Mandates The League of Minnesota Cities urges Conqress to enact legislation to provide reimbursement to cities for the direct costs of complianc~ with federal policiesr regulations, and national standards that impos~ additional costs and responsibilities on city government. Congress should also address the need for flexibility in implementing federal programs and limit the fiscal impact and overburden on local government. The League acknowledges the important role of the federal government in addressing issues of national concern. It is equally important, however, ~for members of Congress to insist that federal legislation which imposes increased responsibilities and duties on cities must also address the impact of such requirements at the local level. In recent years, the federal government has largely overlooked the fact that such mandates often require cities to use local revenues to cover the cost of compliance with such national standards~. Disparities in local fiscal capacity and the adverse effects of federal mandates on local government are indisputable evidence of the need for Congress to take seriously the need to take better account of the local impact of mandates. During the 1988 Congress, legislation to require the federal government to compensate cities for such costs was introduced, but the proposals remain in committees in both the House and Senate, with little sign of congressional support to adopt these needed changes in federal-local relations. Between 1978 and 1986, federal aid to Minnesota cities declined by 48 percent. By 1986, federal aid represented only eight percent of total revenues for cities in Minnesota. City officials are therefore, justifiably alarmed at the prospect of the increased costly responsibilities and regulations imposed.by the federal government at a time of declining levels of federal aid to cities. Among the major'legislative issues under consideration by Congress, the following have direct and substantial fiscal impact on cities: * Medicare coverage for currently exempt city employees; * Federal gas and diesel fuel tax liability; * Distribution of retirement benefits to public employees prior to retirement; ~ * Medicare coverage for election judges; * Restrictions on local municipal bond authority; * Water and air quality standards; and * Incinerator ash disposal requirements. Members of Congress need to take an active interest in working directly with local officials to determine how to 'limit the fiscal and other overburdens' of ,such requirements on the operation of city government. ~r, an assessment of current federal programs, regulations, and.policies needs to be conducted to de~erm~ne' ' the extent of adverse cost, structural, and intergovernmental impacts on c_~es.~ The Leacue FL-2. Federal Mandates (cont'd) als° continues to support federal legislation to require that cost impact statements (fiscal notes) be included on all federal legislative proposals, rules, and regulations prior to enactment or enforcement. Traditionally, city officials have agreed to comply with federal requirements associated with the distribution of federal aid to local government, federal housing assistance, Community Development Block Grants, wastewater treatment construction grants, etc. In recent years, however, congressional policymaking in response to changing national priorities has often resulted in shifting new duties and responsibilities to the local level without a corresponding increase in federal revenue to cities or the expansion of local authority to of local authority to raise revenues to pay for those new mandates. FL-3. Homelessness/Housing Issues ~he League of Minnesota Cities continues to support enactment of federal assistance programs supporting emergency, long-term assistance and preventive measures that would aid cities in meetin~ the needs of increasing numbers of homeless families and individuals. The Leaqu~ also acknowledqes the vital role of federal/local partnerships in providing affordable housing to aid in reducing homelessness. Recent congressional action to reauthorize the Stewart B. McKinney homeless assistance program (due to expire in September 1988) is encouraging. The legislation helped restore budget cuts made last year in programs for the homeless, including emergency shelter grants, and provided appropriations to fund the Section 8 moderate-income rehabilitation program for single room occupancy housing which had not been funded in FY'88. Also added were funds for demonstration supportive housing programs and supplemental assistance for facilities, as well as health care, mental health block grants, emergency food and shelter, and emergency service homeless grants. Ail levels of government must work together to overcome the current economic, social, and service deficiences that have resulted in the surge in the growth of the number of homeless in recent years. Reports on the lack of affordable housing have focused attention on the need for new approaches to stimulate development of low-income housing. One proposal offered by the Ad Hoc National Housing Task Force would create a new housing opportunity program that would provide matching grants to state and local government to aid in low-income housing production. Lending mechanisms would also be put in place to provide below-market interest rates to promote local housing affordability. Housing Issues The League urges continued support for federal subsidies for homeless shelter facilities; expansion of the emergency food and shelter program,, funding for housing and emergency mental health services, and use of federal surplus property and equipment for emergency shelters to aid cities in responding to homeless emergency needs. Lon~-term federal assistance to the homeless should include a firm commitment to financing low-income housing programs such as the Section S new construction and substantial rehabilitation Program, Farmers Home Administration housing loan programs and other federal housing assistance for the elderly poor and handicapped. Key strategies must include measures to promote maintenance and rehabilitation 6f low-income housing units for families and individuals. Simultaneously, programs must be funded to support rural housing needs. Tar i~centlves for construction and rehabilitation of Icrc-income kousin~ r~ust be continued and improved to allow cities to respond to local kcusing conditions and community needs. FL-3. Homelessness/Housing Issues (cont'd) The League has also previously supported review of Section 504 of the federal rehabilitation act to eliminate discrimination against the mentally retarded. The needs of vulnerable individuals remain a major concern of local agencies. The federal government must work with states and cities to improve eligibility for health care services, long-term transitional housing, food stamps, and other federally subsidized benefits. The $114 million appropriation for the federal emergency management food and shelter program for FY'89 maintains only current levels of federal funding while evidence is growing that the problem of homelessness is spreading into cities where resources and services are limited or not available. Funding approved for Section 8 units, along with an extension for the program will assist in providing an additional 8,000 units of low-income rental housing for families nationally. The higher funding of the emergency shelter grants program, which has been increased from $8 million in FY'88 to more than $46 million for FY'89 is heartening and a recognition of the need to supply more assistance at the local level. Also critically needed are the additional Section 8 funds available for single-resident occupancy (SRO) units, with total federal FY'89 appropriations of $45 million, for a new effort at addressing the loss of affordable housing for individuals in urban areas. In Minnesota, housing needs are changing as people born between 1946 and 1965 (baby boom generation) age and enter the home market, leaving behind apartment vacancies. This has combined with a smaller younger renter-age population to produce a surplus of rental housing. In the meantime, the growth of'single-parent families, minority groups, lower-income earners, and the numbers of elderly is causing an increase in demand for lower-cost rental units. This demographic phenomenon is occurring simultaneously with the expiration of rent-subsidized housing built in the 1960s. In addition to pressures on the rental housing marketplace, these changes also signal the need'to focus on increased demand for special services for many of the homeless and other people in need of affordable housing. It is imperative for the federal government to work closely with city officials to enable cities to take the opportunity to remove dilapidated housing and acquire rental properties for such affordable hoUsing as well as for conversion to meet new housing needs. Lower demand for rental housing (due to increased vacancies) and lower home prices may help local government and builders find new opportunities to convert them to meet the growing need for affordable housing and thus slow the increase in the number of families and individuals at risk of becomfng homeless. By 1985, over 33.1 million people in the U.S. lived in poverty, an increase of 13 percent over 1980, and one of the highest rates of poverty since the mid-1960s, according to Census Bureau statistics. - 89 - FL-3. Homelessness/Housinq Issues (cont'd) Poverty among children has increase 25 percent during that period, with an estimated 12 million children now listed as improverished. While housing is available, it is often in the wrong places and at the wrong price. Monthly costs for homeowners rose 26 percent and costs for 26 renters 31 percent in only a three-year period, 1980-83, according to a recent report issued by the NorthweSt Area Foundation. The lack of adequate community mental health services also plays a major role in the increase in the numbers of people who are homeless. The federal government has virtually abandoned its commitment made nearly three decades ago to maintain sufficient community mental health facilities while deinstitutionalization was taking place. The challenge for policymakers is to discover the means and the determination to bring the two spheres together--the impoverished homeless populations of both large and smaller cities and the cost and availability of housing--to provide access to affordable housing for the homeless and those truly in need. FL-4. Cable Television Regulation The League of Minnesota Cities urges Congress to re-examine provisions of the 1984 Cable communications policy act that affect local regulation of cable franchise operations and services. The League also has a strong interest in achieving a more appropriate balance between local authority to mandate access to cable communications services for city residents and the opportunity for the cable industry to effectively compete with broadcast television and the telecommunications industry. LMC supports the following changes in the 1984 cable communications policy act to: · Permit telephone companies to own and operate cable systems subject to city regulation on the same terms and conditions that apply to local regulation of other cable franchise operations; * Assure that rural areas have access through satellite broadcast and other competing technologies to services available on cable systems; * Improve leased access requirements to provide a set-aside of channel capacity for use by commercial programmers not connected with the cable operator as well as by public and educational institutions; * Assure that local commercial broadcast stations will continue to have access to cable channels in order to provide locally originated programming and news programs of local interest; * Establish a legislative definition of effective competition to authorize local rate regulation if comparable alternative television programming and services are not available to city residents a~ rates competitive with those charged by the cable operator; * Broaden discretion in franchise renewal proceedings to eliminate requirements that make it necessary for city officials to disprove that, prior to renewal, the city had previously acknowledged and tolerated violations of the original franchise agreement; * Require payments by cable franchise operators to support the operation of public, educational, and government access (PEG) channels; * Authorize cities to establish and enforce local technical standards to assure the quality of local cable signals; * Provide cities with increased authority over modification procedures and timetables to permit effective enforcement of existing franchise agreements during pending modification proceedings; * Authorize cities to establish minimum service requirements when requesting proposals from cable franchise operators to assure access to programming that meets local needs; FL-4. Cable Television Regulation (cont'd) * Require city regulation of the placement and nunubering of local broadcast signals and other program services to prevent retiering of basic services; * Guarantee blanket immunity for actions taken by the city consistent with the cable communications policy act; and * Protect the entity operating public access facilities from liability. If the U.S. Supreme Court determines that the cable television industry has broad rights to control program content, distribution, and access to cable systems, the following measures may also be necessary for the protection of local interests: * Prohibit Common ownership of cable program networks and cable systems (vertical integration) to prevent concentration of ownership and control of programming, distribution, and access to cable channels; * Require expansion of capacity of the cable system to respond to future demand for channel access; * Require cable operators to make channel capacity available on a first-come, first-served basis; and * Eliminate the five percent limit on franchise fees and permit city franchise authorities to 'establish fees without federal interference. FL-5. Solid Waste Management The League of MinnesOta Cities strongly urges Congress to undertake a major effort to establish a national program of environmental priorities including resource recovery, recycling, source reduction and environmentally safe disposal of solid waste. The following measures are needed to protect the environment and to make it feasible for cities to carry out responsibility for solid waste disposal at the local level: Establish packaging standards for manufacturers, distributors, and retailers and require all new products and packaging to be non-toxic, recyclable, and/or biodegradable; Authorize the U.S. Environmental Protection Agency to require industry to eliminate toxic, non-recyclable and/or non-biodegradable products and packaging; Provide funding and other assistance to expand the market for recyclables; Restore favorable tax treatment for financing of resource recovery facilities, landfills, and recycling centers; * Develop national recycling goals and initiatives; Provide funding for pilot .recycling programs to assist cities to develop new recycling methods and programs; * Develop siting criteria for waste disposal facilities; Regulate resource recovery and ash emissions through a permitting process that requires periodic monitoring and achievable emission controls; * Require retrofitting of existing incinerators only to correct major pollution problems not recognized at the time of construction or to require installation of available, cost-effective new technologies; * DeSignate inCinerator ash as a special waste and establish testing and treatment requirements along with development of flexible methods of ash disposal for residue that has been tested or treated; and * Establish design criteria for ash monofills to be used for untreated or toxic ash. Further, the federal government must develop options for solid waste disposal and assist local government in implementing cost-effective programs to' reduce the chance of future environmental damage from waste disposal methods. Source reduction also plays a critical part in management of increasing costs of disposal. Congress must establish packaging FL-5. Solid Waste Management (cont'd) standards for manufacturers, distributors, and retailers to reduce the volume and pollution problems associated with toxic and non-biodegradable materials. Removal of toxic, non-recyclable or non-biodegradable packaging and products must be a major focus of a national solid waste management policy. · Local officials need to have assurance that required standards and restrictions for solid waste disposal have been determined in order to plan and construct waste disposal facilities with adequate safeguards to protect the environment. Development of integrated strategies that utilize source reduction, recycling, resource recovery, and landfilling is required. LMC supports National League of Cities development of a national solid waste management policy for cities to provide management options that allow cities to meet local needs. FL-6. Housinq Priorities The Leaque of MinnesOta Cities supports new federal housing legislation to provide increased direct federal funding for affordable housing to cities. The League also urges Congress to retain a block grant program as an essential element of new federal housing policy to target needed federal revenues to help cities meet critical local housing needs. The League agrees with the four basic principles recognized by the national affordable housing act: Cities, states, and non-profit organizations must play a central role in the establishment of an effective national housing policy; Federal resources should be targeted to cities on the basis of local needs; Limited federal funds should be used to support extensive private investment; and Federal coordination of tax and spending policies must be better coordinated to make housing affordable for low- and moderate-income households. It is clear that a responsive federal housing policy must primarily address the critical problems faced by the poor who are without safe and affordable housing and the dilemma of moderate-income families unable to afford to purchase their own homes. It is equally important for Congress insist on the need for modernization and rehabilitation of our public housing stock as a central focus of federal housing policy. The Cranston-D'Amato legislation represents a bipartisan effort t~ address critical housing needs throughout the nation. Cities should be the prime eligible recipients of housing grant action program (GAP) funds under Title I of the legislation in order to provide rental, single-family, cooperative, and special needs housing. It is also critically important that cities be able to count on federal funding of 70 percent of the cost of housing as provided in proposed federal GAP program. It is equally important for cities themselves to be eligible recipients of those grants where a local match is provided. LMC believes it is important to link the eligibility for receipt of challenge grants (also to be provided under Title I) to the state's agreement to provide matching funds directly to localities on the basis of needs established in direct consultation and participation by city housing and elected officials. There, too, it is imperative for cities'to be able to rely on continued federal matching funds over time. The distribution of federal housing funds would be made available on the basis of a formula that includes population, income and FL-6. Housing Priorities poverty, and the condition and utilization of housing stock, state fiscal capacity, and an affordability index which compares both homeownership and rental housing costs to low and moderate household-income levels. Congress should make it clear that differences in local (city) fiscal capacity, composition of city housing stock, and population/income characteristics must be carefully measured to make it possible to provide adequate federal resources to help meet critical local housing needs. Congress must also address the failure of the distribution formula tc recognize that most housing is provided.through local activity between cities and non-profit organizations. Therefore, it is imperative that the formula provide increased funding directly to cities and that national competition proposed for 20 percent of the Housing Opportunity Program (HOP) funding be re-examined to assure that smaller cities are not faced with unfair competition for limited funds. The state grant action plan required by the legislation must be developed through a process in which city officials directly take part. Provisions for eligibility for challenge grants that require "project specific" action plans must also identify representation of city officials in the development of the mandated state plan. The League is encouraged by the inclusion of proposals calling for the creation of a Tax and Housing Policy Coordinating Council to encourage and promote federal tax policy which supports and is coordinated with national housing legislation. It would be useful to examine congressional tax and housing legislative policy. authority to bring the two aspects of federal policy development into a more direct and formal relationship. Areas in which it will be important to make improvements in the' legislation primarily lie in specific provisions that call for centralized decision-making and categorical program that do not provide sufficient flexibility to enable states and cities to design housing policy to match local market conditions and to provide ample and adaptable financial assistance. The National League of Cities' concern ~cr the proposed creation of a housing opportunities co~~ra~on ~HOCA) and the housing opportunity mro~ram (n!_P) is worth further e>~aminaticn since these new institutions vgould sinply duplicate, the functions and duties of already existing agencies. FL-7. Highway and Airport Trust Funds The League of Minnesota Cities urges Congress to use accumulated unspent user-generated revenues in the Highway and Airport and Airway Trust Funds to finance highway and airport development and improvements. In order to ensure that such user fees are used to benefit urbanized areas and to benefit airport needs and customers, LMC supports removal of the Highway Trust Fund and the Airport and Airway Trust Funds from the unified federal budget. Congress should permit the use of uncommitted surpluses for airport noise abatement and local sanctioned airport improvements. Highway trust funds should be distributed to assure that urbanized areas are allowed to utilize available funds. If such funds are not utilized for eligible categorical programs, then the level of the user fees should be reduced. Highway obligations and spending should not be restricted to permit accumulation of unspent revenues that should be returned to states and localities. Any uncommitted airport user fees should be expended by increasing authorization levels for eligible programs, including an increased portion of funds to be set aside to fund airport noise abatement projects. FL-8. Refugee Assistance The League of Minnesota Cities urges Congress to support th~ following refugee policies. 1. State and local governments have no control over the federal decisions that admit refugees. Refugees are a federal responsibility. The federal government has an unavoidable responsibility to provide both resources and leadership to help local governments cope with the result of these federal decisions. The federal government must develop a cohesive policy to address and alleviate the impact of refugee resettlement problems in urban communities. 2. The federal government must make an ongoing fiscal commitment to adequately fund refugee assistance programs. * The refugee assistance act should be reauthorized and provide 100 percent reimbursement of state costs for the first 36 months a refugee locates in the state. * -Federal commitment for funding has to be considered at the same time a decision is made for relocation and resettlement. Local governments that have received significant inflows of Indochinese after the 1980 census should have their population counts for federal programs adjusted immediately. Other forms of impact aid should be provided. Local governments should immediately receive appropriate technical assistance and 100 percent reimbursement for costs they incur for the influx of refugee transitioning efforts. Additional Department of Labor and Housing and Urban Development resources should be provided to minimize the competition between disadvantaged Americans and refugees for scarce publicly assisted housing resources and employment opportunities. There should be increased aid to local education programs for those communities experiencing large refugee enrollments and demands for English proficiency for adults. Funding for.reimbursement of case management support for new arrivals in. addition to cash and medical assistance to counties must be provided by the federal government. Such programs could include employment training, rental assistance, language acquisition, child care, and aculturation.. FL-8. Refugee Assistance (cont'd) 3.'State and local governments must be required to coordinate all refugee assistance efforts. *. State and local governments should be involved in planning for initial refugee placement. Cities should be given timely notification of placement of refugees and the likely secondary migration patterns. Counties must notify cities immediately upon knowledge of the State Department's decision in order to effectively plan resettlement efforts. League of Minnesota Cities PoliCy Adoption Meeting Wednesday, November 16, 1988 Hotel Sofitel, Minneapolis 8:00 a.m. 9:00 a.m. 10:15 a.m. 10:30 a.m. 12:00 noon 1:45 p.m. Agenda Registration Economic development and redevelopment issues Break Property tax issues Lunch (Governor invited) Policy adoption November 16, 1988 City: LMC Policy Adoption Registration Form .Contact Person: Hotel Sofitel, Minneapolis Telephone ~: A.C. Title Address Zip Code Registration per person: $25.00 Make checks payable and MAIL TO: League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101 Hotel Sofitel Housing Reservation Form MAIL TO: 5601 W. 78th Street Minneapolis, MN 55435-3899 (612) 835-1900 Name Representing. Address City . State // .M. oeth Day Year Atrial Time Arrival Date Check in time 3:00 p.m. out time 12:00 League of Minnesota Cities Policy Adoption Meeting November 16, 1988 To insure space/rate availability, please respond prior to November 1, 1988. Please specify:. .Zip // / Month D~ year E~attur~ Date $58.00 + Tax Single (One Person) .$58.00 + Tax Double (Two People) I will arrive after 4:00 p.nx Please guarantee the reservation with: (Credit Card) Number and Expiration Date Phone: ( ) October 1988 Governor Rudolph Perpich has declared October as Community Television Month in the State of Minnesota. The Community Television Studio of Mound would like to take this opportunity to thank the City o~ Mound and the Mound Cable Commission for the support we have received for the past four years. The support we have received has been not only in monetary funding of equipment but also in your utilization of the community channel for City Council meetings and other governmental programs as an infor- mational service to the community. The equipment you have provided has allowed more residents o.f the community to produce programs for their organizations and the community. The improved · technology of the portable camera and VCR you purchased Eas improved the quality of field productions, football games, etc. Positive response to local programming is growing every year. We look forward to working with the City of Mound in the future and hope you continue to utili.ze the TV production equipment to produce your programs. Community television programming is programming by the people and for the people. The Mound Studio is heEe to assist and help you accomplish your goals. Triax Community TV Studio of M~und Triax Cablevision Channel 20 Program Summar~ September, 1988 Chanhassen Chanhassen City Council Chanhassen Planning Commission Excelsior Studio Lake Minnetonka Magazine Tonka Report South Shore Senior Center 5th Anniversary Mound Studio West Minnetonka Jerry Lewis Telethon For Muscular Dystrophy Westonka Referendum - A Conversation Overheard Westonka Chamber of Commerce 7th Annual Golf Outing Dr. Jim Smith's Westonka Welcome Back '88-'89 Creative Strokes By Local Folks District 277 Public Informational Meeting on Referendum 8/29 . Mound Westonka Board of Education Mound City Council (2) Celebrity Tennis Tips With Becky Football: Mound VS Delano Jesus Loves Me Good Shepherd Vacation Bible School Ask The Triax Cable TV Manager Live Call-in Football: Mound VS Buffalo Football: Mound VS Hutchinson Orono Studio Football: Orono VS New Ulm Soccer: Orono VS Minhetonka Wayzata Studio Valdres Springar with Bert Balchen Highlights of J.J. Hill Days Waconia Studio' Olympic Hopeful, Debbie Kopp MONTH'LY REPORT For .Dow-Sat of Minnesota Studio Location Month: F, xcelsior . Mound: W~uT.~tg_ _. Orn~O., Seotember Date Submitted: October, Studio Usage Monthly Total To~. Cumulative Total To't, fx~---~.--Oro, w~y.," ' ~xc', ~. Oro~ ~. - Field Equipment 19 55 55 4 133 1224.5 910 419 124 167~ Editing 25 85 18 26 154 !476.5 1099 266 543 238~ Studio. !4.5 20 5 3 32 .5 145 407 75 16~ 79 ~Certified Users -Mon,thl~ Total Cumulative Total Pield 0 0 2 0 2 136 171 64 I0 424 ~diting 2 0 2 0 4 117 159 42 5 37 ~tudio 0 0 2 0 2 51 159 50 6 321 No. of Programs Completed 3 I5 .2 2 22 75 218 30 88 411 MONTHLY REPORT For Dow-Sat of Minnesota Studio Location EXCELSIOR Month: Date Submitted: Studio Usage Field Equipment Editing Studio #Certified Users SEPTEMBER ]~88 October , . ]~88 Monthly Total ]9 25 4.5 Monthly Total Cumulative Total 224.5 476.5 145 Cumulative Total Field Editing No. of Programs Completed 0 2 0 136 117 51 '75 New Programs (List first time showing only) for month of report Lake Minnetonka Magazine - Sept. Tonka Report - Sept. South Shore Senior Center 5th Anniversary Programs in Progress: Lake Minnetonka Mag.- - Oct. Tonka Report - Oct. Neighbor to Neighbor - Oct. Discover Recovery :ail Fashion Show tth Grade Orientation - Part 2 Trin; ~ty Church (League of Women Voters) Monthly Report for Dow-Sat of Minnesota Page 2 Promotion (List any activity to promote programs) - Send out press re]eases to newspapers and cable channe].~for Open House and new fall classes Activities (Meetings, etc.) - NATOA meeting in Miami - Open House planned for October 3rd, to celebrate Television Month. October as Community Equipment/Studio Outside Programming Video Production Classes Videotape an Event and Promote a Community Organization classes Com~munity Services Special fall classes planned to celebrate the month cF October Month (i.e. Video Lighting class, On Camera, Directih~ and Prc~Jcing, and Audio for Video class) MONTHLY REPORT FOR DDWDEN CABLESYSTEMS io Location Month: Date Submitted: Studio UsaRs Field Equipment Editing Studio #Certified Users Field Editing Studio of Programs Completed October 1988 :Monthlq Total 55 85 20 Cumulative Total :Monthlu Total 0 0 0 : 15 910 1099 407 Cumulative Total 171 159 159 218 New Programs (list first time showing onlw) for month of report. West Minnetonka Jerry Lewis Telethon For Muscular Dystrophy Westonka Referendum - A conversation Overheard Westonka Chamber of Commerce 7th Annual Golf Outing Dr. Jim Smith's Westonka Welcome Back Creative Strokes By Local Folks District 277 Public Informational Meeting on Referendum Mound westonka Board of Education Mound City Council (2) Celebrity Tennis Tips With Becky Football: Mound VS Delano Jesus Loves Me Good Shepherd Vacation Bible School Ask the Triax Cable TV Manager Live Call-in Football: Mound VS Buffalo Football: Mound VS Hutchinson ~-~ - Programs in progress: Community ED program Bacon Strips Bus Safety PD Crgative Strokes Being Alive Candidates Meeting Homework Hot!ine Homecoming Monthly Report for Dow-Sat of Minnesota Pa~e 2 Promotion (List any activity to promote programs) Notices in church bulletins on Creative Strokes and Jesus Loves Me Programs Program Schedule to Newspapers Program highlights on CG Thank you letter to Laker for MD telethon volunteers Thank you letters to-MD vol4~nteers mentioned in articles on telethon in newspapers Activities'(Meetings, etc.) Homework Hotline Meetings Waconia Cable Commission Meeting Video Slate Awards Meeting Meeting With Mary Smith for Live Ask the Manager Show Met with Sharon Tauber on Creative Strokes Show EquiPment/Studio Camera back from Cinequipt Notified Pam Hopperstad at AV about disfunctiona2 batteries Outside Program=ming ~nnesota Governors This is t~e Life Henri. Co. ' Library Contemuorama Lakeside Cities Mound Ci t9~ Days Parade Germany Divided Impact Video ~ '~, + ~ P.OC~C ~on Classes MONTHLY REPORT For Dow-Sat of Minnesota Studio Location Month: Date Submitted: Studio Usage Field Equipment Editing Studio #Certified Users Monthly Monthly Total To ta 1 Cumulative Cumulative Total Total Field ting Studio No. of Programs Comp le ted New Programs (List first time showing only) for month of report Programs in Progres.s: C-,-~.cs ~,'~ cS 3-o¢c ~. Monthly Report for Dow-Sat of Minnesota Page 2 Promotion (List any activity to promote programs) Activities (Meetings, etc.) Equipment/Studio Outside Programr~ing Video ?rcduction-Classes 'C~ ~. MONTHLY REPORT For TH!AX ~ABLEVI$ION Studio Location Month: SEPTD~B~--R !98& Date Submitted: Studio Usage Field Equipment Editing Studio $Certified Users Monthly Total 4 26 Monthly Total Cumulative Total 1 24 543.5 169 Cumulative Total Field ng Studio No. of Programs Completed 104 53 61 88 New Programs (List first time showing only) for month of report Valdres .Sprin~ar with Bert ~alchen Highlights of J. J. Hill Days Programs in Progres.s: J. J.'Hill days Bed Race 'Jest Jr, High School Activities Hecyciin~ in Wayzata The Le&end of Fire R I3 Monthly Report for Page 2. Promotion (List any activity to promote programs) Billboard on Channel 8 & 20 Dist. 284 Commur~i~y Education Bulletin Activities (Meetinqs, etc.) j. J. Eill Days Dlzr~ning meetings Equipment/Studio Outside Programming Video Production Classes MINUTES OF THE MOUND ADVISORY PLANNING COMI(ISSIONMEETING OCTOBER 10, 1988 Present were: Chairman, Thomas Reese, Commissioners William Thal, Geoff Michael, Kenneth Smith, Vern Andersen, Brad Sohns, William Meyer; Council Representative Elizabeth Jensen; City Planner Mark Koegler; Building Inspector Jan Bertrand; and Secretary Peggy James. Absent and excused was Commissioner Frank Weiland. Also present were the following interested persons: Curt Johnson, Don Biorn, Gary Nehring, Susan Nehring, Joel Dokken, Vic Cossette, and Donna Smith. MINUTES MOTION made by Jensen, seconded by Anderson, to accept the minutes of September 26, 1988 as submitted. Motion carried unanimously. The Building Official, Jan Bertrand requested a variance applica- tion on Finch Lane be heard on the Planning Commission Workshop Meeting on October 24th, the application was received October. 10th. Jan'explained construction has already begun, and it is an emergency situation due to the walls of the structure collapsing. It was decided the Case would be heard, but no others will be ac- cepted for the October 24th meeting. BOARD OF APPEALS Case No. 88-730: 2009 and 2017 Commerce Boulevard, Frank Buysse; Mound Shores, that part of Lots 113, 114, 115 lying south of north 178 feet thereof, PID #14-117-24-14-0038; VARIANCE; PARKING LOT SETBACK. Applicant, Frank Buysse was not present. Planning Commission Meeting October 10, 1988 Recommendation by City Planner, Mark Koeqler: This case is in litigation, and the City Planner was informed by the attorney's office there are three steps; 1) an arraignment, 2) pretrial conference, and 3) the actual trial. This particular item'got to the second stage of a pretrial conference. There was an intent by Mr. Buysse to plead guilty, and the judge has taken this under advisement, which means there has not been action on this case. If the City grants a variance it will be the end of the case, if the City does not grant the variance, the attorney's office feels the judge will reject the guilty plea and make it go to trial. Mr. Buysse has until November 15th to get the variance approved. Mr. Buysse has submitted a plan showing 10 parking spaces, each space is the size of a compact parking space. The proposed spaces do not meet the City of Mound parking standards. There was a recommendation to approve the variance in January 1988 based upon. the premise that parking was lost as a result of the improvements that took place on Commerce. Mr. Buysse was paid $22,'000 in damages by the County at that time for the taking. We can not prove if parking was lost ~ue to the Commerce expansion. The Staff Recommendation is for approval of the variance subject to the following three conditions: 1. The owner shall erect a wooden bumper height barrier along the northern edge of the bituminous paving within the limits of Mr. Buysse's property. The barrier shall contain a minimum post dimension of 6" by 6" and plans for the barrier shall be approved by the Building official prior to installation. 2. 'The owner shall place signage along or on the north side of the b~ilding indicating that spaces 4 through 10 as shown on the applicants site plan are restricted to compact vehicles only and shall be further restricted to resident parking only. 3. if desired by the adjacent land owner to the north, Mr. Buysse shall install a row of Pyramidal Arborvitae (Thuja Oc- cidentsalis "Pyramidalis") along the bumper fence on the adjacent land owner's property. If applicable, a planting plan shall be submitted So the City Planner for review within 30 days of City Council approval of the variance and plan the materials shall be installed by June 1, 1989. All plant materials shall carry a one year warranty and shall be replaced by Mr. Buysse during the war- ranty period if needed. Planning Commission Meeting October 10, 1988 Discussion: It was determined the legal definition for "compact car" is unknown. Chairman Reese reviewed some concerns the neighbors had in January 1988 of snow causing consequential run-off/flooding, noise, and car fumes. The City Planner did not have an answer for the noise and fumes, however the bumper barrier would preclude snow being pushed off of Mr. Buysse's property, the snow will have to be trucked out if it is extensive. Restricting the amount of parking spaces allowed due to the ele- ment of safety, and the size of the spaces was discussed. The option to table the case until Mr. Buysse submits a more ap- propriate drawing, or to make a decision for him since he did not appear was considered. The number of spaces allowed can be determined with architectural standards. MOTION made .by Anderson, seconded by Sohns to approve the 5' variance subject to compliance with Staff Recommendation items 1 and 3, and subject to striping being in conformance with architectural standards. Discussion: Concern was expressed that if under-sized parking is going to be accepted, it should be stated in the motion. The compact paFking. space size allowed in St. Louis Park is 8' x 15', and can be 30% of gross parking area which is what Mr. Buysse's plan follows. Allowing parking spaces to be 9' x 18' was considered. Anderson and Sohns moved to WITHDRAW their previous motion. MOTION made by Anderson, seconded by Sohns to table the case until such time that the applicant prepares a plan and brings it back for further review, the plan will be a scale drawing Of the area which will show parking lot layouts con- forming to City ordinances with the exception that stall size Can be 9' x 18,. Motion carried unanimously. Planning Commission Meeting October 10, 1988 Case No. 88-731: 5537 Bartlett Boulevard', Gary Nehring; The Bartlett Place Addition, Lot 10 and East 20 feet of Lot 9, PID %24-117-24-23 0015; VARIANCE: REAR YARD SETBACK. Applicant Gary Nehring was present. Recommendation by Buildinq official, Jan Bertrand: The applicant is requesting to place a home 6.7 feet from the south property line. For this particular property there is The Bartlett Place Boulevard dedicated only to the abutting neigh- bors. In an R-2 district a 15 foot rear yard setback is required, this property is not considered lakeshore. The ap- plicant would like to average his setback on the new structure with the adjoining buildings, the one to the west is right up to the south lot line and the other house has the same setback that he is requesting. Staff recommends the granting of the rear yard setback variance. .. MOTION made by Sohns, seconded by Jensen to approve the 8.3' rear yard setback variance. Motion carried unanimously. Case will appear before the City Council October 11, 1988. Case No. 88-732: 5533 Shoreline Boulevard, Victor Cossette of Arco/Century Co's., Lot 5 and westerly 50 feet of Lot 6, PID %13-117-24-33-0008/0007; CONDITIONAL USE PERMIT (PUBLIC' HEARING). Applicant, Victor Cossette was present. Staff' Recommendation by City Planner, Mark Koeqler: Applicant is seeking a conditional use permit for the following operations: 2. 3. 4. 5.' Auto Body Repair Boat Repair Boat Trailer Building and Sales Welding Used Auto Sales 4 Planning Commission Meeting October 10, 1988 Arco/Century is a grandfathered business under the provisions of the Mound Zoning Code. The purpose of approving a conditional use permit is to allow the'owner to obtain financing on the property. More importantly, this permit will finally establish the allowed uses on the subject property and will establish a vehicle for monitoring future business operations on the site. Regarding the sale of vehicles in the Central Business District, staff recommends approval of the conditional use permit for Arco/Century, Co's. containing the following conditions: 1. Uses allowed on the property include only the following: ae Auto Body Repair Boat Repair Boat Trailer Building Welding .Other Permitted B-1 Uses .2.. No flags, banners or flashing lights shall be permitted. Additionally, loud noises or noises over loud speakers shall be prohibited. 3. The premises shall be maintained in a neat and orderly man- ner at all times. 4. The permit holder shall be prohibited from using the Central Business District parking areas for ~torage and repair opera-' tions. Employee and customer parking in the Central Business District lots shall.comply with all Mound parking regulations. 5. 'Ail signage shall comply with the Mound Sign Ordinance within 90 days of the date of City Council approval of the condi- tional use permit. 6. Fencing shall comply with Sections 23.415 of the Mound Zoning Code and parked and/or stored items shall not exceed the height of the fence. The property shall also comply with the Performance requirements of Section 7 of the Mound Zoning Code. 7. Ail trash and waste auto parts shall be kept within screened enclosures. 8. Gates along fenced storage areas shall remain closed at all times except when access is required for parking or removing vehicles. Planning Commission Meeting October 10, 1988 9. Hazardous materials shall be discarded ~in full compliance with all State and Federal requirements. Chairman Reese opened public hearinq at 8:23 p.m. Curt'Johnson of 5545 Shoreline Blvd.., who has an office building on the west side of Arco/Century which he purchased in 1979. Mr. Johnson reported problems he has had with Mr. Cossette's business since 1982, such as: - Parking junk cars, boats, employee and customer vehicles in their parking lot. - Parking/storing cars and boats on Auditors Road. - Frequent sanding and painting of boats/cars outside which causes dust accumulation on their cars. - They were cited by OSHA for noise. - They were cited for admitting fiberglas into the air. - Welding outside. - Mr. Johnson has been verbally threatened by Mr. Cos- sette. - There should be plenty of police department records for violations incurred by Mr. Cossette over the years. Mr. Cossette spoke on Arco/Century's behalf. In response to Mr. Johnsqn's complaints, he stated they mutually do not like each other. Mr. Cossette admitted to sanding outside, however is planning on putting up a free standing awning to help eliminate dust. He stated John Elam, former City Manager gave him permis- sion · to temporarily store six trailers on the back lot (south side) amongst some trees and bushes, he does admit he abused the situation. He said they are not the only people that use that back lot for storage. He also admitted they have been sloppy in the past, but have cleaned up the building by putting concrete in the front of the building, and put up a fence. The Commission asked Mr. Cossette' if he was acquainted with, or had any problems with the nine conditions outlined in the staff recommendation. He replied that he agreed with all of them. Planning Commission Meeting October 10, 1988 Mr. Cossette added that he believed he could sell cars due to the grandfather clause and passed out his Minnesota Dealership License and a computer listing of the number and valuation of cars sold in 1988 and 1987. Mr. Cossette emphasized how impor- tant the selling of cars is to his business. Chairman Reese closed the public hearing at 8:50 p.m. Discussion: The concern of sanding and painting outside was expressed, regulations were not determined. Concern for the appearance of downtown Mound was also expressed. There is no current development plan for this area. MOTION made by Sohns, seconded by Reese to accept Staff Recommendation with the following modifications to the nine conditions outlined in the staff recommendation: The premises shall be maintained in a neat and orderly manner at all times, there will be no wrecked or damaged vehicles on the property outside of the enclosed area. The permit holder shall be prohibited from using., the central Business District parking areas and any public' roads including Auditors Road for storage and repair operations· Employee and customer parking in the Central Business District lots shall comply with the Mound parking regulations. Fencing shall comply with Sections 23.415 of the Mound Zoning Code. The property shall also comply with the Performance Requirements of Section 7 of the Mound Zoning Code. Hazardous materials shall be stored in an enclosed building and discarded in full compliance with all State and Federal requirements. 10. 'Ail body work, fiberglas work, and painting will be performed in an enclosed building area. 11. Combine tax parcels· Planning Commission Meeting October 10, 1988 Discussion: Adding boat sales and boat trailer sales to the allowable uses was discussed. Limiting the n,~mher of objects for sale in the front of the building was also discussed. Sohns moved to WITHDP~%W the previous motion, and Reese seconded. MOTION moved by Sohns seconded by Reese to make the same mo- tion as originally made amended by the following: to include the addition to allowable uses, f. Sale of Boats and Boat Trailers. Motion carried unanimously. Car sales as a qrandfathered use at Arco/Century were discussed at this point and handled as a separate issue. Mr. Cossette claims that car sales have never been discontinued, and believes the use should be grandfathered. A letter written to Mr. Cossette on April 12, 1984 .from the Building Official was reviewed which stated that the sale of automobiles had expired due to discontinued sales for a period of 12 months, and sales were not to be started again. .. The city Planner had taken under consideration the files the City had, and in regards to the Building Official's letter of April 12, 1984, there was'no written challenge from Mr. Cossette, so it was assumed that sales discontinued. The C6mmission determined if Mr. Cossette could provide the City with one sales receipt per year since 1978, when he purchased the property, they would have to grant the grandfathered Use. MOTION made by Smith, seconded by Jensen to recognize the grandfathered use of automobile sales when it is established that auto sales have continued since 1978. Motion carried unanimously. Case will appear before the City Council October 25, 1988. It was stressed to Mr. Cossette to get the automobile sales his- tory to the city as soon as possible. 8 Planning Commission Meeting October 10, 1988 4.a.. Case No. 88-733: Alley between Avon Drive and Avon Drive, Joel Dokken, Shirley Hills Unit "B" Lots 8 9 10 11, 12 Block 4, PID ~24-117-24-12-0018; VACATION (PUBLIC HEARING). 4.b. Case No. 88-728: Avon Drive and Park Lane (5042 Avon Drive); Joel Dokken; Shirley Hills Unit "B" Lots 8 9 10 11, 12, Block 4, PID ~24-117-24-12-0018; MINOR SUBDIVISION: CONTINUATION FROM SEPTEMBER 26, 1988 MEETING. Applicant, Joel Dokken, and a concerned neighbor, were present. Donna Smith Recommendation by City Planner, Mark Koeqler: Mr. Dokken's request to vacate the subject alley has 'been reviewed by the City Engineer, and duel%he property owner of lot 13 using the alley for driveway access on the proposed Parcel B side, he is recommending that the alley on the proposed Parcel A side only be vacated (shown on Exhibit 2). The~proposed Parcel A would be 10,000 sq. ft. and Parcel B would be 12,099 sq. ft. The existing structure on Parcel B is presently nonconforming to the rear yard, it has a set back of 26' and should be 30', which would need the recognition of a 4' variance if that alley is not vacated~ It is the City Engineers recommendation that that alley not be vacated. Staff referred to Exhibits 1 and 2 which shows the setbacks~ and' proves the lot is buildable, it meets the minimum building code requirements for a .structure which is 840 sq. ft. If the alley were to be vacated on Parcel A it would allow a larger house to be built and be more conforming to the surrounding neighborhood. There'is a home on lots 6 and 7 which has a nonconforming garage, which would become conforming if the alley was vacated. Chairman Reese opened Dublic hearinq at 10:05 p.m. Donna Smith of 2531 Avon Drive commented that she was a concerned neighbor and was attending to find the reason for the vacation. Ms. Smith said she originally wanted to buy the subject Parcel A to keep it as a vacant lot and use as a neighborhood park area. Ms. Smith ~was shown Exhibits 1 and 2. Joel Dokken had no comments. Chairman Reese closed Dublic hearinq at 10:11 p.m~ Planning Commission Meeting October 10, 1988 MOTION made by Smith, seconded by Meyer t° approve the vaca- tion according to John Cameron,s recommendation. Motion carried ? in favor, I opposed (in favor: Re·se, Thal, Michael, Smith, Anderson, Sohns, and Jensen; opposed: Meyer). 4.b. Case No. 88-728: MINOR SUBDIVISION. Recommendation by city Planner, Mark Koegler~. Staff recommends to approve the minor subdivision subject to the following conditions: 1. Driveway access for Parcel A shall be from Avon Drive. The applicant shall pay one park dedication fee at the time of building permit issued for Parcel A. Ail applicable unit charges shall be paid. City Engineer is to review and approve utility connections for Parcel A. Se A 4' rear yard setback variance shall be granted for the ex- isting house on Parcel B. The applicant shall immediately complete a variance application and remit the appropriate fee. The applicant is to prepare and submit a new certificate of survey subject to the vacation access approval by the City Council. MOTION made by Smith, seconded by Anderson to approve the staff recommendation. Motion. carried 7 in favor, i opposed (in favor: Re·se, Thal, Michael, Smith, Anderson, Sohns, and Jensen; opposed: Meyer). Case Will be heard by the City Council October 25, 1988. The Commission informed Ms. smith that if the vacation is ap- proved by the council her garage will become conforming. 10 Planning Commission Meeting October 10, 1988 DISCUSSION/INFORMATIONAL: 1. Time Schedule for Lost Lake Park Development Plan. The City Manager, Ed Shukle was present to review the time schedule and informed the Commission they will be receiving a questionnaire from the class of what you would like to see at Lost Lake Park. A meeting will be held on Wednesday, October 19th at which time the City Council, Park Commission, Planning Commission and any other interested people will have the oppor- tunity to discuss their reactions to the questionnaire and a general group discussion will take place. The students will then draw up designs for the park and on November 29th they will present their $ individual plans to the Council. 2. Shoreland Management Ordinance (determine subcommittee). Reese informed the Commission that we have 'two years to finish this project, but should have it done within 1-1/2 years. The · Comprehensive Plan needs to be completed by the end of this year, so it has priority. The DNR is conducting meetings for this or- dinance which we should be attending. Decision to have a subcommittee is to be made at the October 24th Planning Commission Workshop Meeting. MOTION moved by-Sohns, seconded by Anderson to adjourn the' meeting at 10:44 p.m. Motion carried unanimously. Chairman, Thomas Reese Attest: MINUTES OF THE MOUND ADVISORY PARK COMMISSION MEETING O~tober 13, 1988 Present were: Chair Nancy Clough; Commissioners Steve Burke, Linda Panetta, Cathy Baily, Shirley Andersen and Marilyn Byrnes; City Manager Ed Shukle; Park Director Jim Fackler; Dock Inspec- tor Dell Rudolph; and Secretary Peggy James. Council Repre- sentative Phyllis dessen was absent and excused. Also present were the Following interested persons: Savage and John Thoresen. Michael Chair called the meeting to order at 7:29 p.m. 1. MINUTES The minutes of the Park Commission meeting of August 8, ]988 were presented For changes or additions. One.change was presented by Byrnes on page Four, paragraph eight, the last sentence should read: "The City should encourage all of Mound to keep up their property. Presently, only lakeshore people are taking care of the commons." Byrnes explained that they were discussing the Flow chart, Focusing on the commons. MOTION made by Baily, seconded:by Byrnes to approve the minutes as amended. The vote was unanimously tn Favor. -. Chair Nancy Clough acknowledged two individuals in attendance and asked their .purpose For being present. The individuals intro- duced themselves as John Thoresen and Michael Savage, who were at the September 8th Park Commission Meeting in regards to the request. For lights at Highland End. Mr. Thoresen stated they were under the impression the City was going to pay For 100% of the lights. The Park Director informed them that it stated on the application, which they Filled out to obtain the lights, the City would pay 50%. The type of lights which were installed, and the reason For having the lights installed was discussed. Mr.. Savage commented that they requested one light, however received two. The Park Directo~ reminded the Commission that this was discussed at the September 8~h meeting, and was revieweO with NSP that installing two directional lights was the best way For them to receive the lighting they wanted. Park Commission Minutes October 13, 1988 MOTION made by Clough, seconded by Panetta to make an amend- ment to the motion of the 'September 8, 19BB minutes that the cost be includecl in the motion. The motion would therefore read: MOTION made by Baily, seconded by Byrnes to recomn~nd to the City Council to add a light pole to Highland End Park as recommended for purpose of public to use area for sliding and skating. The City will share the cost of the light which will be $480/year @ 50% divided by 9 dockers = $26.33/year per docker. Motion carried five to one (those in favor: Clough, Panetta, Baily, Andersen and Byrnes; those opposed: Burke). 2. FLOW CHART Sub-committee report: Burke spoke on behalf of the sub-committee and-,.reFerred to the "Long Range Park Plan" repOrt which was writ- .ten in 1970. Burke referred to page B, B. Responsibility of Lo- cal Government to be a philosophy. Baily read the section to the Commission. The shoreline criteria which defines the common areas by Class and Type was discussed. A copy is to be dis- tributed to the Commission for the next meeting (along with Ap- pendix D). Re~ort From Park Director and Dock Inspector on evaluation of maintenance permits: It was decided "permit structure criteria" was needed For stairways and retaining walls within the commons. The Park Director handed out a memorandum regarding "Department Procedure for Recommendation" which outlined a procedure to prove maintenance permits for stairways and retaining walls, which was reviewed. The Commission expressed a need to review an aDmlication before it is heard at a meeting, stressing the difficulty in making a sound decision without knowing 811 the Facts and having time to review.~hem. 2 Park Commission Meeting October ]3, ]988 3. LOST LAKE PARK DEVELOPMENT PLAN The City Manager, Ed 5huk)e was present to review the time schedule and inFormeO the Commission they will be receiving a questionnaire From the c)ass of what' you wou)d )ike to see at Lost Lake Park. A meeting wi)) be held on Wednesday, October 19th at which time the City Counci], Park Commission, P)anning Commission and any other interested people wi)) have the oppor- tunity to discuss their reactions to the muestionnaire and a general group discussion will take place. The students wi1] then draw up designs For the park and on November 29th they will present their eight individual plans to the Council. 4. FINAL BUDGET The Final budget was reviewed, and the changes were discussed. The City Council approved the $150 For a holiday party For the Park'Commission. They also increased the commons dock Fees $5. Proposed Fee City Council Approved Fee Straight Docks L or T Docks U or H Docks Senior share rate $115 $120 $170 $170 $200 $205 $ 25 $ 30 A memorandum was handed out From Dell Rudolph, Dock Inspector in- Forming the'City of his resignation. Dell's decision to resign was due to the politics involved in the dock Fee increases, he did not.agree with the City Council's reasoning. MOTION made by Baily, seconded by Panetta to ask Dell Rudolph to reconsider his resignation. Motion carried un- animously. As oF October 14th, Dell informed us he will be returning next year as Dock inspector. Park Commission Meeting October 13, 198B The final budget for cemetery fees was reviewed, the changes from the proposed budget are as follows: Proposed Fee City Council Approved Fee Adult Plot resident $I00 $200 Adult Plot non-resident $400 $400 Baby Plot resident $ 25 $100 Baby Plot non-resident $ 50 $150 Ash Burial No additional charge if plot is pur- chased as a single burial. $25.00 charge if ash burial is placed on top of a casket burial. A definition for "resident" will be drafted at the next Park Commission Meeting on November 10, 1988. ' REPORTS Council Representative: Absent· City Manager: The manager reported that the terms for Cathy Baily and Linda Panetta expire 12-31-88, they need to inform the Commission at the next meeting if they wish to be reap- pofnted. Park Director: The Park Department has moved into the old public works building and is getting prepared for winter. Dock Inspector: No comments· It was decided for the meeting on November 10th to have an exer- cise wi~h a pending maintenance application to see if the exist- ing flow chart, works. Burke stressed that everyone reads Appen- dix O before the exercise is attempted. ADJOURNMENT There being no further business, Burke moved and Clough seconded a motion Fo adjourn the meeting at 9:22 p.m. All were in favor. Theodore W. Fox, Petitioner, vs. FINDINGS OF FACT, County of Hennepin, File No. TC-6191 Respondent. Dated: August 26, 1988 The above-entitled matter came on for hearing before the Honorable Arthur C. Roemer, Judge of the Minnesota Tax Court, on May 3, 1988 at the Hennepin County Juveniie Justice Center in Minneapolis, Minnesota. TheOdore W. Fox, the petitioner, appeared pro se. Mark Chapin, Assistant Hennepin County Attorney, appeared for respondent. The sole issue was the January 2, 1986 estimated market values on. three condominium units located in the Lakewinds Condominium Complex. Post-trial'briefs were filed by both parties and the case was submitted to the Court for decision on May 31, 1988. The Court, having heard and considered the evidence adduced at the hearing and upon all of the files and records herein, now makes the following: FINDINGS OF FACT 1. Petitioner has sufficient interest in the property to maintain this petition; all statutory and jurisdictiOnal requirements have been .2 5o complied with, and the Court has jurisdiction over the subject matter of the action and the parties hereto. 2. The subject property consists of three condominium units located at 4363-4407 Wilshire Boulevard (County Road 125) in Mound, Minnesota, commonly referred to as' the Lakewinds condominiu~ complex. The units are described as: e held in June, 1986. follows: Unit C-203, Property I.D. No. 19-117-23 13 0090; Unit D-206, Property I.D. No. 19-117-23 13 0129; and, Unit F-106, Property I.D. No. 19-117-23 24 0060. The petitioner purchased the subject units at an auction sale The price paid for the subject units are as Unit C-203 $ 42,000 .... Unit D-206 $ 56,000 Unit F-106 $ 41,000 4. The assessor's estimated market values for the subject property in the January 2, 1986 assessment are as follows: Unit C-203 $ 62,500 Unit D-206 $ 82,700 Unit F-106 $ 79,300 5. The respondent, in an appraisal, estimated the fair market values of the subject property as follows: Unit C-203 $ 65,200 Unit D-206 $ 88,800 Unit F-106 $ 73,600 6. The Court finds the fair market values for the subject property as of January 2, 1986 to be as follows: Uni.t C-203 $ 47,000 Unit D-206 $ 52,500 Unit F-106 $ 48,000 7. The attached Memorandum is hereby made a part of.these Findings of Fact. -2- CONCLUSIONS OF LAW 1. The assessor's estimated market value for the subject property as of January 2, 1986 shall be reduced on the books and records of the City of Mound and C'ounty of Hennepin as follows: FROM Assessor's 9riginal E.M.V. TO Court Determined Market Value Unit C-203 $ 62,500 $ 47,000 Unit D-206 82,700 52,500 Unit F-106 79,300 48,000 2. Real estate taxes due and payable in 1987 shall be recomputed accordingly and refunds, if any, paid to petitioner as required by such computations, together with interest from the original date of payment. LET'JUDGMENT BE ENTERED ACCORDINGLY. A STAY OF 15 DAYS IS HEREBY ORDERED. BY THE COURT, Arthur C. Roemer,! Judge Minnesota Tax Court DATED: August 26, 1988 -3- BRENT p~CTERSCN, Assistant C,~urt Admini~,6.~.~ of the Tax Court, State of Minneso~. ~loes here,oy certify that t.~e a~ached ~ ia a true and correct cogy OI lfte ~ on file and of r.e?ord in my.,Dfflce. Dated ,h~s_...G~y of ~ 19 ..~ c MEMORANDUM At issue is the January 2, i986 estimated market value (EMV) of the subject property, which consists of three condOminium units in a 191-unit complex (hereinafter "Lakewinds") (Units F-106, D-206 and C-203). A more detailed description of the condominium complex is contained in a previous case decided by this Court, Harold E. Farness, et al v. County of Hennepin, Minn. Tax Court File Nos. TC-5005, etc. (January 19, 1988). The condominium structures were originally constructed in 1969 as an apartment building and commencing in 1984 were converted to condominiums. Initial sales were reasonably brisk, but later they declined substantially. Intensive sales activities were conducted each year (particularly in the spring and summer). Results were increasingly discouraging. In order to assist in the sales efforts, an auction sale of a substantial number of the condominium units was held in June, 1986. The sale was advertised extensively in the newspapers and on radio and television. Several hundred bidders attended the auction. Bidders were required to submit~in advance a $3,000 cashier's check for each of the first two units that they desired to purchase and a $2,000 cashier's check for each unit in addition to two that they may purchase at the auction. Petitioner submitted an $8,000 cashier's check in advance of the auction, which permitted him to purchase three units. The conditions of the s~!e provided that the first 30 units placed on for sale would be sold absolut'ely, without being subject to rejection by the seller. The seller reserved 'the right to reject bids over the first 30. Twenty-three additional units were sold, resulting in a total of 53 units sold. Twenty-two bids were rejected by the sellers. Unit F-i06 was the 9th unit offered for sale, Unit D-206 was~ the 32nd unit offered, and Unit C-203 was the 70th unit offered. Mr. Keith Rennerfeldt, appraiser with the Hennepin County Assessor's Office, testified that the assessor's January 2, ~1985 estimated market values were based upon the value of the units as apartments since the condominium conversion had not been sufficiently completed so as to be considered condominium units. No credible appraisal was submitted by either party, the petitioner relying almost solely upon the price paid for the subject units in the auction sale six months after the assessment date. This Court has repeatedly held that the price paid in an arms length sale at or near the assessment date is entitled to great weight. Englehart Building v. County of'Dakota, Minn. Tax Court File No. 103974 (March 31, 1988); Nelson v. County of Hennepin, Minn. Tax Court File No. TC-2787 (February 29, 1984); Henricksen v. County of Itasca, Minn. Tax Court File No. 31C-83-0546 (February 9, 1984). Evidence adduced during two days of trial of the Harold Farness case, supra, indicated that, while prices fluctuated somewhat, the list price seemed to establish a more consistent pattern in computing value. For instance, as noted in the Farness memorandum (p. 17-18), the February, 1984 sales ranged from $65.54 to $107.45 per square foot, and March, 19~4 sales ranged $75.63 to $115.14 per square foot. The selling prices ranged from 87.54% to 99.76% of.list in February, 1984, while in'March, 1984, 36 of the 37 sales ranged from 90% to 95.7% (the other sale being 88.8% of list). By March, 1985, 6 of 7 sales ranged from 83% to 87% of list (the other one being 94%). -5- Mr. Rennerfeldt submitted an appraisal on behalf of which indicated the following: Assessor's Selling Appraisal Unit EMV Price Value C-203 $62,500 $42,000 $65,200 D-206 82,700 56,000 88,800 F-106 79,300 41,000 73,600 responde~~t However, this appraisal relies upon sales occurring many months before the assessment date. Each of the three units were compared with 3 comparables. Of the 9 sales listed as comparables, two thirds of the sales were 1984 sales (several in January and February, 1984, two years before the assessment date); the other third consisted of 1 in February, 1985, 1 in March, 1985 and one in October, 1985. He appare~%ly ignored dozens of sales which occurred in late 1985 and early 1986, and the 53 sales involved in the auction (although he admitted they were arms-length sales). In the Farness case based upon his testimony and the testimony of others, we stated: Testimony indicated that the condominium market started to decline in 1983 and became more noticeable in 1.984. This was hastened by the decline in interest rates, which made single-family home ownership more available to the purchasing public and resulted in substantial more apartment buildings being constructed. The last condominium to be converted in Minnesota was on Vernon Avenue. i.n Edina in 1985. Harold E. Farness et al v. County of Hennepin, Minn. Tax Court File Nos. TC-5005, etc. (January 19, 1988), p. 12. · ~ However, at the instant ~j~_~__t3 .s_~_i_ied that the market in 1985 was stable. We rem_maain ¢_qo.nvinced that the market rapidly declined during 1984-85 and 1986. .In addition, Mr. Rennerfeldt, as he did in the Farness case, used as a selling price for his 9 comparables the unverified selling prices shown on the Certificates of Real Estate Value. Based upon substantial uncontroverted testimony in the Farness case, we noted in the memorandum: In the case of the first few sales, little reduction was allowed from the list price or the asking price. As sales activities slowed, however, concessions or discounts were allowed by various methods such as interest rate buydowns, additional decorating, carpeting or appliances. The list price or selling price remained unchanged, the discounts being in the way of concessions which accelerated in amount due to the soft market. By maintaining the list price or the selling price, the amount of mortgage which could be financed is maximized in instances where the total percentage of the mortgage is based upon the list or selling price. The certificate of real estate value filed by the parties following the sale of a unit reported as consideration the list or the asking price of the. respective units. (Underlining supplied.) Harold E. Farness et al v. County of Hennepin, Minn. Tax Court File Nos. TC-5005, etc. (January 19, 1988), p.~ 12. In addition, we also .stated: Due to his failure to consider the concessions in the sales to private individuals, Mr. Rennerfeldt' estimate of market value based only on list price of individual sales is flawed, and little weight i ~iven..to his appraisal Harold E. Farness et al v. County of Hennepin, Minn. Tax Court File Nos. TC-5005, etc. ~January 19, 1988), p. 15. It is apparent from our finding in the Farness .case that the selling price disclosed on the Certificates of Real Estate Value were the list price of the property and not the actual consideration paid. Due to his failure to consider the concessions in the. sales to private -7- individuals, Mr. Rennerfeldt's selling prices listed on the comparables were inaccurate. No evidence was introduced i~to the record'as to the actual selling prices of the 9 comparables utilized by Mr. Rennerfeldt. Since Mr. Rennerfeldt's opinion of market value was based solely on these comparable sales occurring up to two years previous to the assessment date, ignoring the auction sales which occurred 5 months after the assessment date, we again give very little weight to his appraisal. Since 1983, Minn. Stat. ~ 272.03, subd. 8, reads as follows: Subd. 8. Market value. "Market value" means the usual selling price at the place where the property to which the term is applied shall be at the time of assessment; being the price which could be obtained at a private sale or an auction sale, if it is determined by the assessor that the price from the auction sale represents an arms length transaction. The price obtained at a forced sale shall not be considered. (Emphasis supplied.) Based upon the extensive advertising, the number of buyers, the units sold and Mr. Rennerfeldt's admission that the auction sales were arms-length, consideration must be accorded-them. Since the selling prices fluctuate we do not place great weight on the selling price of any individual unit. However, we do place signi- ficant weight on the general level of selling prices at the auction, as well as other arms-length sales occurring near the assessment date. The auction sales averaged 56% of the list price (compared to 88% on January 2, 19~5). However, we also recognize, as testified by Mr. Rennerfeldt, that condominium values were dropping during 1986. Since the auction sales occurred slightly mor~ than 5 months after the assessment date, the value on the assessment date was greater than the value at the time of the auction. After considering these facts and other evidence produced at trial, we find the fair market value as of January 2, 1986 to be $47,000 for Unit C-203, $52,500 for Unit D-206, and $48,000 for Unit F-106. Respondent calls our attention to the case of Sivinski v. County of Hennepin, Minn. Tax Court File No. TC-5613 (December 22, 1987), relating to the January 2, 1986 value of a Lakewinds condominium unit sold at the June, 1986 auction. Similar to the present case, the petitioner in Sivinski did not have an opinion of value, but relied upon the sale price at the auction. This Court rejected this argument and affirmed the assessor's EMV. In the memorandum this Court stated: While a sale of a given property near the assessment date is often very good evidence of its market value, that is only the case where the sale is an arms-length transaction under the normal constraints of the market place. This auction purchase may not have been a normal market transaction.. There-was no evidence presented regarding how many potential buyers were bidding. Without that information we do not know if the auction was weighted in favor of the buyer with respect to the 30 units which were sold at any price that was bid. It is therefore questionable whether this sale is relevant as proof of the value of the property. No other proof of value was offered by the Petitioners. Sivinski at p. 3. The Sivinski case was decided before the decision of this Court in the Farness case, supr9.. As indicated in the memorandum, the evidence in the Sivinski case was meager and failed to establish the facts regarding the auction. Based on the decision in the Farness case and the evidence produced by th.e petitioner in this case, we find that the petitioner has met his burden of proof. A.C.R. -9-