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1995-10-10 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, OCTOBER 10, 1995, 7:30 PM CITY COUNCIL CHAMBERS 1. Pledge of Allegiance. I .lO 2. Approve the Minutes of the September 26, 1995 Regular i.tl,, tJ~./~IV~ng' _3. _Request to Address the City Council - "Yes Westonka" I,!> '""'"/Committee 7. i,{~ 4. Request to Address the City Council - Vincent Forystek ['.{~ re: 3137 Inverness Lane (Note: Information on this issue was transmitted to you in the 9-12-95 packet, and is included again in this packet). 5. ~' Comments and Suggestions from Citizens Present. 6,~/FResolution Opposing Proposed Hennepin County Ordinance #18, an Ordinance for County Collected Solid Waste Fee for Solid Waste Management Services for Hennepin County. Approval of Bingo Permit - Fire Department Auxiliary.~ Approval of Retainer Agreement with Kennedy & Graven for Legal Services, Curt Pearson, City Attorney..job.~ 9.~ Approval of a Joint Powers Agreement Between the.City kC .~,,,~ of Mound and the City of Minnetrista for the ~.0 [~.,~" .~./ Interconnection of Water Systems. -- .~ 10. Payment of Bills. Pg. 2923-2928 Pg. 2929-2930 Pg. 2931-2966 Pg. 2967-2981 Pg. 2982 Pg. 2983-3010 Pg. 3011-3017 Pg. 3018-3034 2921 MOUND CITY COUNCIL ADD-ON AGENDA OCTOBER 10, 1995 1. Extension of Item #8 - Retainer Agreement - Curt Pearson ~\~'~Reso/ution Denying a Variance Request to Recognize an Ex/sting Nonconforming Detached Garage to allow Construction of a conforming Deck at 6200 Red Oak Road, Robert Thompson 10 ~ Resolution to Approve a Variance to Recognize an Existing Nonconforming Side Yard Setback to Allow Construction of a Conforming Detached Garage at 2174 Centerview Lane, Wende Brady L© (-~ 4. [~)'/nformat/on Regarding Timbers Purchased - Jim Fackler 5. Ail of "E" in the Information/Miscellaneous 6.~" Amendment to the Western Area Fire Agreement ~~~ Training Association Joint Powers 7. September 1995 Utilities Report 8. WECAN CROP Walk Information. 9. LMCD Mailings ~ ~M.~,'!. !996 policies end Leg.ls!~_t!,;e Propose, Is 11. INFORMATION/MISCELLANEOUS Ao Department Head Monthly Reports for September, 1995. LMCD Representative's Monthly Report for September 1995. C. LMCD Mailings (to be handed out 10-10) Do Revised Parks and Open Space Commission Minutes for September 14, 1995, reflecting the number of total dock sites in the dock program. Memorandum dated September 28, 1995 from the Minnesota Public Utilities Commission re: Commission meeting on new area codes for Minnesota. Fo REMINDER: Annual Fall Cleanup - Recycling - Saturday, October 14, 1995, Lost Lake. REMINDER: Committee of the Whole meeting, Tuesday, October 17, 1995, 7:30 pm, Only agenda item is the proposed 1996 Budget. Annual Christmas Party - Friday, December 8, 1995, at the American Legion. Letter to City from Peter McLaughlin, Chair, Hennepin County Board of Commissioners, re: Attending 1995 State of the County Address to be held Thursday, October 12, 1995, 4 pm, General Mills Corporate Headquarters, Golden Valley. If interested, let Linda know by October 10th. Letter dated October 4, 1995, from Triax Cablevision re: "Home Wire Maintenance Plan" Pg. 3035-3058 Pg. 3059-3060 Pg. 3061 Pg. 3O62 Pg. 3063-3064 Pg. 3065 Pg. 3066 2922 MINUTE~ - MOUND CITY COUNCIL - SEPTEMBER 25, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 26, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen, City Attorney Curt Pearson, City Manager Edward J. Shukle, Jr., Building Official Jon Sutherland, Acting City Clerk Linda Strong and the following interested citizens: Robert and Jeanette Thompson, Howard Richards, Kathy Rice, Craig Forcier, Don Scherven, Jr. The Mayor opened the meeting, welcomed the people in attendance. The Pledge of Allegiance was recited. A moment of silence was given for former Governor Rudy Perpich. 1.1 Approve the Minutes of the September 12, 1995 Regular Meeting and the September 19, 1995 Committee of the Whole Meeting. MOTION by Hanus, seconded by Jessen and carried unanimously to approve the Minutes of the September 12, 1995 Regular Meeting. Councilmember Hanus requested prioritizing the pending ordinances in the Minutes of the Committee of the Whole as follows: 1) Streamlining of Variances, 2) Telecommunications, and 3) Domestic Abuse Shelters. Discussion was also held regarding the language in the Park Dedication Fee Ordinance. Council would like all hints of anything other than $500 per each new lot created, be removed. They recommended the ordinance be returned to the city attorney for review. MOTION by Hanus, seconded by Ahrens, and carried unanimously to approve the Minutes of the September 19, 1995 Committee of the Whole meeting as amended. 1.2 Case #95-38: Robert Thompson, 6200 Red Oak Road, Lot 1, Block 1, Mound Terrace, PID 14-117-24 32 0001 Variance for a Deck. Building Official Jon Sutherland stated the applicant is seeking a variance to recognize the existing nonconforming detached garage in order to reconstruct and slightly enlarge an existing deck. The proposed deck is in a conforming location and all other aspects of this site are in conformance to the requirements of the ordinance. The Staff and Planning Commission recommend denial of the request due to the fact that the nonconforming garage is partially dilapidated and is in need of repair, and could reasonably be relocated in conjunction with the needed repairs at this time. The applicant was present. MOTION by Hanus, seconded by Ahrens and carried unanimously to direct the staff to prepare a resolution of denial for P & Z Case #95-38, Robert Thompson. Minutes - Mound City Council September 26, 1995 1.3 Case #95-39: Howard Richards, 2982 Westedge Blvd., Lots 1, 2, 3, Block 14, The Highlands, PID 23-117-24 31 0061. Variance for Deck/Porch. Councilmember Hanus moved, Ahrens seconded the following resolution: RESOLUTION #95-96 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW FOUNDATION REPAIRS AND A DECK AT 2982 WESTEDGE BLVD., LOTS 1, 2 & 3, BLOCK 14, THE HIGHLANDS, PID 23-117-24 31 0061, P&Z #95-39 The vote was unanimously in favor. Motion carried. 1.4 Case #95-40: Don Scherven for Gene Smith, 4705 Island View Drive, Lot 2, Block 7, Devon, PID 30-117-23 22 0050. Variance to Expand Detached Garage. Building Official Jon Sutherland stated he and the City Planner had visited this site. Approval was recommended by Planning Commission and Staff. Councilmember Hanus added to the resolution another Whereas 'practical difficulty also exists since the existing non conforming portion is in good condition and serves as a retaining wall that helps to support the neighbors stairs, and;". Councilmember Hanus moved, Ahrens seconded the following resolution as amended: RESOLUTION #95-97 RESOLUTION TO APPROVE A SIDE YARD SETBACK AND HARDCOVER VARIANCE TO ALLOW EXPANSION OF A DETACHED GARAGE AT 4705 ISLAND VIEW DRIVE, LOT 2, BLOCK 7, DEVON, PID #30-117-23 22 0050, P&Z #95-40 The vote was unanimously in favor. Motion carried. 1.5 Case #95-41: Jerry Sholts of Patio Enclosures for Anthony's Floral, 1861 Commerce Blvd., Part of Gov't Lot 1, Section 14, PID 14-117-24 14 0004. Variance for Porch. Jon Sutherland, Building Official, stated the owners have applied for a variance to recognize the existing nonconforming use of a single family dwelling in the B-2 zone. They propose to construct a new screened area under the existing front entry of the home, including a new strip footing to replace the old pier footings for the entry and deck above. Approval was recommended by the Planning Commission and Staff. Councilmember Hanus moved, Ahrens seconded the following resolution: Minutes - Mound City Council RESOLUTION September 26, 1§§5 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING USE WITHIN THE B-2 ZONE TO ALLOW CONSTRUCTION OF A SCREENED PORCH AT 1861 COMMERCE BLVD., PART OF GOVERNMENT LOT 1, SECTION 14, PID 14-117-2414 0004, P&Z #95-41 The vote was unanimously in favor. Motion carried. 1.6 Case #95-42: Florence & Nell Finnicum, 3225 Gladstone Lane, Lot 47, Whipple Shores, PID 25-117-24 21 0116. Variance for Detached Garage. Building Official Jon Sutherland stated the owners have applied for a variance for the purpose of constructing a conforming detached garage. The dwelling has nonconforming side yard setbacks of 5.9 feet and 1.1 feet. Approval was recommended by the Planning Commission and Staff. The Council added to the resolution that the nonconforming dwelling was in good condition and to recognize the shape of the long and narrow lot, which creates a practical difficulty. Also, to add to the conditions that the owner agrees to remove the metal shed from the property. Councilmember Hanus moved, Ahrens seconded the following resolution as amended: RESOLUTION #95-99 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SIDE YARD SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 3225 GLADSTONE LANE, LOT 47, WHIPPLE SHORES, PID #25-117-24 21 0166, P&Z #95-42. The vote was unanimously in favor. Motion carried. 1.7 Case #95-43: Craig Forcier, 4431 Dorchester Road, Lots 21 & 22, Block 17, Avalon, PID 19-117-23 31 0082. Variance for Detached Garage. Building Official Jon Sutherland stated the owner has applied for a variance to construct a conforming detached garage and a deck. The Planning Commission and Staff recommend approval. Councilmember Hanus moved, Ahrens seconded the following resolution: RESOLUTION #95-100 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING REAR YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DECK AND GARAGE AT 4431 DORCHESTER ROAD, LOTS 21 & 22, BLOCK 17, AVALON, PID #19-117-23 31 0082, P & Z #95-43 Minutes - Mound City Council The vote was unanimously in favor. Motion carried. September 26, 1995 1.8 Comments and Suggestions from Citizens Present. There were none. 1.9 Set Public Hearing Dates for Special Assessments - Central Business District (CBD) Assessment - Delinquent Utility Bills Suggested Date: October 24, 1995 MOTION by Councilmember Jensen, seconded by Jessen and carried unanimously to set October 24, 1995 as the date of a public hearing for the special assessments. 1.10 Proclamation Declaring October 1-7, 1995 as Minnesota Cities Week in Mound. Councilmember Jessen moved, Polston seconded the following proclamation: PROCLAMATION #95-103 PROCLAMATION DECLARING OCTOBER 1-7, 1995 AS MINNESOTA CITIES WEEK IN THE CITY OF MOUND. The vote was unanimously in favor. 1.11 Approval of Charitable Gambling Permit - Knights of Columbus #6005 at Our Lady of the Lake School - November 18, 1995. Councilmember Ahrens moved, Hanus seconded the following resolution: RESOLUTION #95-101 RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR THE KNIGHTS OF COLUMBUS #6005 AT OUR LADY OF THE LAKE SCHOOL FOR NOVEMBER 18, 1995. The vote was unanimously in favor. Motion carried. 1.12 Recommendation from Parks and Open Space Commission Re: Vacancy. City Manager Ed Shukle stated that the Parks and Open Space Commission had tallied their votes and recommended Rita Pederson to fill David Steinbring's term on the Park and Open Space Commission, term to expire December 31, 1997. 4 Minutes - Mound City Council September 26, lgg5 Councilmember Jensen moved, Ahrens seconded the following resolution: RESOLUTION #95-104 RESOLUTION APPOINTING RITA PEDERSON TO THE PARKS AND OPEN SPACE COMMISSION; FOR THE UNEXPIRED TERM OF DAVID STEINBRING - TERM EXPIRES DECEMBER 31, 1997. The vote was unanimously in favor. Motion carried. 1.13 Application for Land Alteration Permit for Trimming Trees on Public Land - Brian and Patty Stevenson, 1580 Heron Lane, Pebble Beach Commons, Dock Site #02605. Councilmember Jessen moved, Jensen seconded the following resolution: RESOLUTION #95-102 RESOLUTION TO APPROVE A SPECIAL PERMIT TO ALLOW TRIMMING OF TREES/VEGETATION ON PEBBLE BEACH COMMONS ABU'R'ING 1580 HERON LANE, DOCK SITE #02605. The Council discussed Staff being notified when this is to occur. The vote was unanimously in favor. Motion carried. 1.14 Payment of Bills. MOTION by Jensen, seconded by Polston to authorize the payment of bills as presented on the pre-list in the amount of $161,579.20, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.15 INFORMATION/MISCELLANEOUS: Financial Report for August 1995 as prepared by Gino Businaro, Finance Director. Notice from Alan Willcutt, Executive Director, LMCD, Re: Mayor Meeting scheduled for Monday September 25, 1995 at 7 AM in Room 135 of the Norwest Bank Building, Wayzata. The purpose of the meeting is to discuss revised allocations to the cities in LMCD re: the approved 1996 LMCD budget. C. A letter received by fax from Steve Fames, Orono, re: LMCD issues. Letter dated September 12, 1995 from Robert V. Langley, Regional Manager for Minnesota Triax Cablevision re: "Regulatory Fee' to be assessed to cable subscribers. Fee is being assessed by the Federal Communications Commission (FCC) to cable operators to defray the cost of regulating the cable industry. 5 Minutes - Mound City Council September 26, 1995 E. Planning Commission Minutes of September 11, 1995. F. Parks and Open Space Commission Minutes of September 14, 1995. Go Letter dated September 15,1995 Administrator, Metropolitan Council re: interruption in transit service provided throughout the region. from James Solem, Regional a possible work stoppage and by the Council to Communities REMINDER: Annual Fall Cleanup Saturday, October 14, 1995, Lost Lake. The Council discussed an add-on item from Hennepin County regarding the Board of Commissioners proposing Ordinance #18, which would give the County authority to collect a fee for solid waste management services for the entire county. The council stated they were not in favor of this proposed ordinance and directed Staff to prepare a resolution to be reviewed and passed by the Council at the October 10, 1995 meeting, and sent to Hennepin County in time for the public hearing. The Councirs reasoning was there would be no incentive for recycling. MOTION by Hanus, seconded by Ahrens and carried unanimously to adjourn the meeting at 8:25 PM. City Manager Attest: Acting City Clerk 6 Westonka Pubfic School District 9277 Nov. 7, 1895, Levy Referendum Why does the School District need to pass an operating levy referendum? The Minnesota Legislature has not kept pace in adequately funding public education. School funding has increased by only $55 per student this year. This is the ftrst increase in six years. Considering an inflation rate of three percent a year on a $12 million budget, state funding would have required an increase of at least $150 of revenue per student per year. The Westonka Board of Education and school administration have worked diligently to keep quality instructional services and co-curricular programs for Westonka students. The School Board has been reducing expenses and, in 1990 in order to keep current programs and services in place, chose to eliminate the two percent budget reserve it had been maintaining. Westonka School District voters chose to support education with an $880,000 operating levy referendum in 1989. In 1994, however, an election to extend that levy failed by 11 votes (3,659 yes votes to 3,670 no votes or a0.15 of 1% margin). After the failure of the 1994 referendum, the Westonka School Board carefully considered its options and decided that an annual reduction of $880,000 would have a devastating effect on instructional services. As a result, the plan to recover from the failure of the 1994 levy renewal included the following: · Reduce $220,000 of expenses from the 1995-96 budget. · Recognize the fact that the severe loss of education funding would put the district in statutory operating debt. · Conduct another levy vote in the fall of 1995, and, with community support for a successful passage, minimize the 1995-96 loss of $880,000 by spreading the remaining $660,000 ($220,000 per year) over the next three years. Didn't Westonka voters approve a referendum recently? In 1993, voters of the district approved a bond referendum. That vote allowed bonds to be issued to pay for the remodel- ing and renovation of buildings, for the purchase of computers and software and for continuing to provide safe, healthy school buildings. It is important m realize that there is a distinction between a bond referendum and an operating levy referendum. Dollars from a bond referendum may only be used for long-term building, remodeling, renovations and technology. Operating levy referendum dollars may only be used for general fund educational and operating expenditures. State law requires a separate accounting for the revenues of the two different types of referendums. Is this issue unique to the Westonka Pubfic Schools? Due to the inadequacy of state funding, all 14 school districts in suburban Hennepin County have found it essential to ask their voters to approve operating levies. As a result the failure of the 1994 referendum, Westonka has the lowest per- student revenue of the 14 suburban districts. Even with successful passage of this referendum, Westonka PUblic Schools would have the second lowest per student revenue of the 14 suburban school districts. (See chart on back.) During the 1970s and early '80s, the Westonka schools were fiscally responsible in requesting an additional operating levy only as funding from the Legislature fell short. Other districts, however, levied to seek additional revenues specifi- cally for the purpose of enhancing educational programs. State law now caps the amount of operational money that can be raised through the levy process, but eight of the 14 suburban Hennepin County school districts are allowed to main- rain their levies from the '70s and early '80s in excess of the cap. Prepared and paid for by School Dismct No. 277, Westonka Public Schools. This publication is not circulated on behalf of any candidate o~ ballot question. Per Student Revenue for 1995-96 for all Suborban Hennepk Ceunt~ Scheel Districts School district Operating levy Ss Total Ss per student Rank St. Louis Park .............................................. 1,393 ..................................................... 4,980 .............................................1 Hopkins ........................................................ 1,369 ..................................................... 4,886 .............................................2 Edina ............................................................ 1,448 ................................................... 4,816 .............................................3 St. Anthony-New Hope .................................. 808 ..................................................... 4,756 .............................................4 Minn¢tonka .................................................. 1,420 ..................................................... 4,752 .............................................5 Richfield ......................................................... 900 ..................................................... 4,376 .............................................6 Wayzata .......................................................... 953 ..................................................... 4,339 .............................................7 Orono .............................................................. 952 ..................................................... 4,318 .............................................8 Robbinsdaie .................................................... 801 ..................................................... 4,253 .............................................9 Brooklyn Center ............................................. 397 ..................................................... 4,153 ............................................ 10 Bloomington ................................................... 705 ..................................................... 4,138 ............................................ 11 Eden Prairie .................................................... 693 ..................................................... 3,991 ............................................ 12 Osseo .............................................................. 439 ..................................................... 3,810 ............................................ 13 Westonka ....................................................... 324 ..................................................... 3,651 ............................................ 14 Source: Minnesota House of Representatives Researt.h Simulation Report: School Fitumce 61'7/95 What will the levy cost the xpavers? The Westonka School Board is asking voters to approve an increase in the district's general education revenue by $338 per actual pupil unit, which will raise approximately $953,503. This amount will support education each year for the next ten years. The local tax impact of the levy on a residential or commercial property would be: Market v',flu~ ~ Tax increase per moDth $40,000 $42 $3.50 $50,000 $53 $4.42 $60,000 $64 $5.34 $75,000 $79 $6.58 $100,000 $106 $8.83 $125,000 $132 $11.00 $150,000 $159 $13.25 $200,000 $212 $17.67 $250,000 $265 $20.08 $500.000 $529 $44.08 $1.000,000 $1,058 $88.17 Assuming that the market value ol'an average l'annhouse, garage and surrounding one acre of land is $51,000, the tax impact on typical agricultural properties would be: Marketv~ue Re~rendum markqlvalue ~ Taxincreasepermonth $100,000 $73,050 $77 $6.42 ~,'~ $200,000 $136,750 $145 $12.08 ~ $300,000 $236.750 $251 $20.92 $400,000 $336,750 $356 $29.67 $500,000 $436,750 $462 $38.50 · Pass the referendum: Continue Westonka's quality educational program with the dollars that are available and continue the $220,000 annual cuts in all General Fund budgets in 1996-99. · Fail to pass the referendum: Make devastating cuts (13.5 percent) in the educational program and overall operation of the district, as well as explore options for consolidation with a neighboring school district. Budget crisis options: RECEIVED SE? 1 1§~ Hennep ! County Opportunity Employer August 30, 1995 Vincent D. Forystek Alternative Industry Resources Inc. 7912 73rd Ave. No. Brooklyn Park, MN 55428 Dear Mr. Forystek: Re: Vacant Land in the City of Mound In response to your letter dated August 18, 1995 questioning the appraisal process used to form an opinion of value for your properly in Mound, the decision of the 1995 County Board of Equalization is final. If you have further concerns, you may appeal to the Minnesota Tax Court by filing a petition on or before March 31, 1996. This is the forum which will provide you an opportunity to cross examine our witness/appraiser regarding what steps, considerations and opinions that led to his or her conclusion of value. Information on the tax court can be obtained by contacting: Minnesota Tax Court 520 Lafayette Road, 2nd Floor St. Paul, MN 55155 Phone: 296-2806 Sincerely, Robert H. Hanscom Appraisal Manager RHH:jn cc: Edward J. Shukle Jr., Mound City Manager Hennepin County General Services County Assessor Division A-2103 Hennepin County Government Center Minneapolis, Minnesota 55487-0213 Re~ckd Paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472q3600 FAX (612) 472q3620 September 1, 1995 Mr. Vincent D. Forystek Alternative Industry Resources, Inc. 7912 73rd Avenue North Brooklyn Park, MN 55428 RE: 3137 Inverness Lane Dear Vince: As we discussed on the telephone last week, I am enclosing some information with regard to the responsibilities of local, county and state government as it relates to the assessment on real estate. The first document comes from the Handbook for Minnesota Cities, published by the League of Minnesota Cities, which talks about equalization procedures, City Board of Review, County Board of Equalization, State Board of Equalization and Appeals to Tax Court. I am also enclosing copies of Chapter 274 Minnesota Statutes, Section 375.192 of Minnesota Statutes, Section 270.11, subd. 6 of Minne~ota Statutes, Section 271.01, subd. 5 of the Minnesota Statutes, Section 271.21 of Minnesota Statut¢~ and Section 271.06 of the Minnesota Statutes. I hope this information gives you a better understanding of the assessment process that cities, counties and state government have to follow by state law. If you have any further questions with regard to this matter, please do not hesitate to contact me. Sincerely, Edward J. Shukle, Jr. City Manager ES:ls printed on recycled paper CHAPTER 22 to the full property tax plus the property tax on the property at the time the defer- ral took effect, times the number of years of the deferral. Equalization Procedures Once the assessors have completed their work, the city, county, and state levels of government review and modify, with limitations, the assessments. During this review, two kinds of corrections are possible: the governing body may check the assessor's lists for accuracy, hear individual complaints, and make any necessary adjustments; and it may equal- lze the ratio of market to assessed market values. The first function ts the sole concern of the city board of review, while the county and state boards devote more time to the latter task. When the entire procedure is complete, the county auditor puts the valuations in the records to use when making up the tax rate figures. Only when all three levels of government have reviewed and equal- ized the assessments, do they become the official assessed values. CITY BOARD OF REVIEW The city council may ser~e as the board of review in cities which have been sepa- rated from the town.ae In cities which have not been separated from the town for assessment and election purposes, the town board serves as the board of review. The city council may appoint a special board of review. It may delegate to the board all of the powers and duties the council would have ff it acted as the board of review. The members of the special board of review serve at the direction and discretion of the council. The council determines the number of members, the compensation and expense payments, and the term of office. At least one member of the board must be an appraiser, realtor, or other person familiar with property valuations in the assessment district. The board of review meets in the city clerk's office. The city assessor and the county assessor must attend this meeting with their assessment books and papers. These officials may take part tn the pro- ceedings, but may not vote. Thc meeting date of thc board of revlcw, which must be between April 1 mad May 31. Is fixed by the county assessor on or before April 1 of each year by glvmg written nouce to the city clerk. After receiving the notice, the clerk must give published and posted notice of the meet- lng at least 10 days before the date of the meeting. A majority of the members may take action at the board of review meeting and may adjourn the meeting from day to day for a period of 20 days until they complete their work. After 20 days. the board has no authority and any action it takes is invalid unless the commissioner of rev- enue has granted an extension. In fulfilling Its role, the board of review has three main functions. · It must review the assessor's list, making sure that all taxable property in the city has been properly placed on the list. · It must review the assessor's valuations, strlving to standardize the ratio between market value and adjusted market value for each individual piece of property. To accomplish this, the board may raise or lower valuations on individual properties, but it cannot increase valuations without notifying the property owner and giving that person an opportunity to be heard. · The board must hear and settle the complaints of individual property owners regarding the valuations on their property. If a person fails to appear in person or through counsel or written communica- tion before the board of review after receiving notice of intent to raise the assessment, or if a person fails to apply for a review of the assessment, that person may not appear before the county board of equ~ll?~Uon for a review of the assessment. An excepUon is when the assessment takes place after the meeting of the board of review or when aggrieved individuals can establish that they did not receive notice at least five days before the local board of review meeting. The local board of review may not reduce the total or aggregate amount of the county assessor's assessment by more than one percent. This means that the 274.01 ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION CHAPTER 274 ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION 274.01 Board of review. 274.12 Duties of auditor and asseasor~. 274.03 Notice of meeting. 274.13 County board of equalization. 274.04 Assessor's return to auditor. 274.14 Length of session; record. 274.05 Auditor's certificates. 274.16 Corrected lists, abstract. 274.07 List by person sick or absent. 274.17 Record; abstract to Coun~ 274.08 Correction of book~, auditors. 274.09 Correction of false list~ and 274.175 Values §nalized. returns. 274.18 Abstrac~ of realty assessment roll 274.10 Property omitted or undervalued, to town clerks. 274.1 I Taxes a lien on properly in examiner's list. 274.01 BOARD OF REVIEW. Subdivision I. Ordinary board; meetings, deadlines, grievances. (a) The town board.~ ~. of a town, or the council or other governing body of a city, is the board of review except c in cities whose charters provide for a board of equalization. The county assessor shall ' fix a day and time when the board or the board of equalization shall meet in the assess- ment districts of the county. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. Notwithstanding the provisions of any charter to the contrary, the meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. The board shall meet at the office of the clerk to review the assessment and classification of property in the town or city. No changes in valuation or classification which are intended to correct errors in judgment by the county assessor may be made by the county assessor after the board of review or the ' county board of equalization has adjourned; however, corrections of errors that are'; merely clerical in nature or changes that extend homestead treatment to property are ' permitted after adjournment until the tax extension date for that assessment year. The changes must be fully documented and maintained in the assessor's office and must be available for review by any person. A copy of the changes made during this period must be sent to the county board no later than December 31 of the assessment year. (b) The board shall determine whether the taxable property in the town or city has been properly placed on the list and properly valued by the assessor. If real or personal property has been omitted, the board shall place it on the list with its market value, and correct the assessment so that each tract or lot of real property, and each article, parcel, or class of personal property, is entered on the assessment list at its market value. No assessment of the property of any person may be raised unless the person has been duly notified of the intent of thc board to do so. On application of any person feeling' aggrieved, the board shall review the assessment or classification, or both, and correct it as appears just. (c) A local board of review may reduce assessments upon petition of the taxpayer but the total reductions must not reduce the aggregate assessment made by the county assessor by more than one percent. If thc total reductions would lower the aggregate assessments made by the county assessor by more than one percent, none of the adjust- ments may be made. Thc assessor shall correct any clerical errors or double assessments discovered by the board of review without regard to the one percent limitation. (d) A majority of the members may act at the meeting, and adjourn from day to day until they finish hearing the cases presented. The assessor shall attend, with the assessment books and papers, and take part in the proceedings, but must not vote. The county assessor, or an assistant delegated by the county assessor shall attend the meet- ings. The board shall list separately, on a form appended to the assessment book, all omitted property added to the list by the board and all items of property increased or val longt dat~ objec i~ co: , whose T~ bc ,,, the shai to b boarc yah History: $2 an 8 s 3 582 s 3; 19' 7 s 37; 274.013 IR: :-274.02 [R NO' der imeeting of tk ate any asses HistoO.: 274.04 ASS ? Subdivi: in the assessr mere showir, foot the tota day of May. dehver the li davit hsta ~'Stat. _, M: County of .. 204 'ION, }r and assessors. £ equalization. m; re,oraL abstracts. ~ ~o county ,lty 3.~s~mcnt roll · (a) The town board ard of review except :ounty assessor shall .11 meet in the assess- :ar the assessor shall .nding the provisions · , April 1 and May 31 ~- meeting at least ten office of the clerk to ~r ~ No changes in ; i/~grnent by the oanllll~ review c~r the 3ns of errors that are tment to property are . assessment year. The · r's office and must be .uring this period must ~ssessment year. in the town or city has ssor. If real or personal .h its market value, and md each article, parcel, at its market value. No he person has been duly ~ of any person feeling' on, or both, and correct petition of the taxpayer aent made by the county ~uld lower the aggregate rcent, none of the adjust- >rs or double assessmentS percent limitation. and adjourn from day to ;or shall attend, with ;s, but must not .sor shall aent book, )perry increased 205 ASSESSMENTS; REVIEW, CORRECTION, EQU~t.W.&TION 274.1M decreased, with the market value of each item of property, added or changed by the board, placed opposite the item. The county assessor shall enter all changes made by the board in the assessment book. (e) If a person fails to appear in person, by counsel, or by written communication before the board after being duly notified of the board's intent to raise the assessment of the property, or if a person feeling aggrieved by an assessment or classification fails to apply for a review of the assessment or classification, the person may not appear before the county board of equalization for a review of the assessment or classification. This paragraph does not apply if an assessment was made after the board meeting, as provided in section 273.01, or if the person can establish not having received notice of market value at least five days before the local board of review meeting. (f) The board of review or the board of equalization must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, unless a longer period is approved by the commissioner of revenue. No action taken after that date is valid. All complaints about an assessment or classification made after the meeting of the board must be heard and determined by the county board of equal- ization. A nonresident may, at any time, before the meeting of the board of review file written objections to an assessment or classification with the county assessor. The objections must be presented to the board of review at its meeting by the county asses- ~or for its consideration. Subd. 2. Special board; duties delegated. The governing body of a city, including a city whose charter provides for a board of equalization, may appoint a special board of review. The city may delegate to the special board of review all of the powers and duties in subdivision 1. The special board of review shall serve at the direction and dis- cretion of the appointing body, subject to the restrictions imposed by law. The appoint- lng body shall determine the number of members of the board, the compensation and to be paid, and the term of office of each member. At least one member of the board of review must be an appraiser, realtor, or other person familiar with property valuations in the assessment district. an History: (2034) RL s 847; 1941 c 402 s 1; 1945 c 402 s I; 1949 c 543 s I; Ex1967 c 32 art 8 s 3; 1971 c 434 s 3; I97I c 564 s 6; 1973 c 123 art 5 s 7; 1973 c 150 s I; 1973 $82 s 3; 1975 c 339 s 5; 1977 c 434 s II; 1986 c 444; 1987 c 229 art 4 s I; 1987 c 268 ~t..7 s 37; 1988 c 719 art 7 s 8; 1990 c 480 art 7 s 14 [Repealed, 1976 c 44 s 70] [Repealed, 1949 c 543 s 2] . NOTICE OF MEETING. clerk shall give at least ten days' posted notice of the time and place of the of the board of review. Failure to give notice or hold the meeting does not viti- ,at)~. assessment, except as to the excess over the market value of the property. (2036) RL s 849; 1941 c 402 s 2; 1975 c 339 s 8; 1987 c 229 art 4 s I _ASSESSOR'S RETURN TO AUDITOR. 1. Assessment books; affidavits. The assessor shall foot each column and make in each book, under proper headings, a tabular state- the footings of the several columns on each page. The assessor shall also amounts of the columns under the headings. On or before the first Mon- the assessor shall return the assessment books to the county auditor and '~e lists and statements of persons assessed. The return must be verified by in the following form: ) ) SS. ;-- ........ assessor of ........... solemnly swear that the book to which this is attached 2'/4.04 ASSESSMENTS; REvIEw, CORRECTION, EQUALIZATION contains a correct and full list of real property (or personal property, as the case be) subject to taxation in .......... , and that the market value and the net tax the proper column, opposite the descriptions of property, is in each case the market the net tax capacity of the property, to the best of my knowledge and belief (where 1 assessment has been corrected by the town board, "except as corrected by the board''), and that the footings of the several columns in the book, and the tabular ment returned with it, are correct. ~c Assessor. ~ Signed and sworn to before me this .......... day of ........... 19 .... Auditor of .......... County." The auditor shall preserve the records. · Subd. 2. Summary, affidavit. In counties where the county auditor has elected keep records under section 273.03, subdivision 2, the county assessor shall summaries of the total amount of market valuations and net tax capacities by sions of government within the county as of January 2 of each year. The summary must"~ ~ be in the form required by the commissioner of revenue. The summary must be submit;,o ted on or before the fourth Monday of June and must be verified by the assessor's davit, substantially in the following form: ~State of Minnesota ) ) ss. County of ........................... ) I ............ assessor of ........... solemnly swear that the summary attached to this at/i-ti davit contains a correct and full statement of market valuations and net tax capacities of real estate for the year 19 ....... Assessor. Signed and sworn to before me this .......... day of ........... 19 .... Auditor of .............................. County." A copy of the summary must be certified by the county assessor and promptly for- warded to the commissioner of revenue. History: (2037) RL s 850; 1945 c 146 s 1; 1963 c 781 s 3; 1971 c 564 s 7; 1973 c 582 s 3; 1975 c 339 s 8; 1986 c 444; 1987 c 229 an 4 s I; 1988 c 719 an 5 s 84; 1989 c 329? art 13 s 20 274.05 AUDITOR'S CERTIFICATES. Subdivision 1. Auditor's certificate of ~sessment books. Upon the return of the assessment books under section 274.04, the county auditor shall examine them; and, if found in proper form, shall issue a certificate to the assessor. The certificate must state that the books comply with section 274.04. The assessor shall file the certificate with the clerk of the town. The town board must not pay the assessor for services until the assessor has complied with this section. Subd. 2. Auditor's certificate of summaries. On receiving the summaries under sec- tion 274.04, subdivision 2, the county auditor shall examine them and, if found in proper form, shall issue a certificate to the assessor. The certificate must state that the summaries comply with section 274.04, subdivision 2. History: (2038, 2039) 1907 c 87 s 1,2; 1963 c 781 s 4; 1975 c 339 s & 1986 c 444; 1987 c 229 art 4 s I 274.06 [Repealed, 1949 c 543 s 2] LIST BY person listi: )erty, may at any tin list the prop No state to the state from History: (20 CORRt The county been omitt, e of om~s of the orr the at , i History: CORt - If the cou o¢ ,-erso: m cTTO~.~oUS , of thc "thc auditor For purl: auendance o and examine entry on the erty of the ri reef. The cc evidence up reduce the a sioner of re county aud: Histor. an4s I 274.10 PI Subdi' examiner' a court or amount o~ assessmen grossly un meat has be in writ Of*~''' COU c ihi' pe,oOn SI' ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION 274.10 LIST BY PERSON SICK OR ABSENT. any person required to list property for taxation is prevented by sickness or from listing it with the assessor, the person, or the person's agent in charge of may give the auditor a statement of the property value as required by this at any time before the taxes are extended by the county auditor. The auditor list the property and correct the corresponding items in the return made by the No statement may be received from any person who refused or neglected to 'to the statement when required by the assessor. No statement may be received f person, unless the person makes and files with it an affidavit of absence from or district without design to avoid the listing of the property, or was prevented giving the assessor the required statement when asked to do so. (2041) RL s 851; 1986 c 444; 1987 c 229 art 4 s I CORRECTION OF BOOKS. county auditor shall carefully examine the assessment books. If any property omitted, the auditor shall emer it on the list. The auditor shall notify the asses- the omission. Upon notification, the assessor shall immediately determine the of the omitted property and correct the original return. If the assessor does not the auditor shall determine the value of the property and make the necessary ~::"' 'History: (2042) RL s 852; 1986 c 444; 1987 c 229 art 4 s I CORRECTION OF FALSE LISTS AND RETURNS. .- ' the county auditor believes that any person has given the assessor a false state- personal property, or that the assessor has not returned the full amount of all property required to be listed in the assessor's town or district, or has omitted, or made an' erroneous return of, any property subject to taxation, the auditor shall correct the reiurn of the assessor. At any time before the final settlement with the county treasurer, the auditor shall charge the owners of the property on the tax lists with the proper amount of taxes. For purposes of this section the auditor may issue compulsory process, require the attendance of any person supposed to have a knowledge of the property, or its value, and examine the person, on oath, about the statement or return. Before making the entry on the tax list, the county auditor shall notify the person required to list the prop- erty of the right to show that the person's statement or the return of the assessor is cor- rect. The county auditor shall file in the auditor's office a statement of the facts or evidence upon which the auditor made the corrections. The county auditor must not reduce the amount returned by the assessor without the written consent of the commis- sioner of revenue. A statement supporting the reduction must be submitted by the county auditor or the party aggrieved to the commissioner of revenue. History: (2043) RI.. s 853; Ex1959 c 59 s 2; 1973 c 582 s 3; 1986 c 444; 1987 c 229 art 4 s I 274.10 PROPERTY OMITTED OR UNDERVALUED. Subdivision 1. Examiner, appoinunent, duties. The governor shall appoint an examiner when it appears to the governor on a verified complaint, or by the finding of a court or of the legislature, or any committee of the legislature, that a considerable amount of property in any county has been improperly omitted from the tax lists and assessment roll of the county for a year, or, ff assessed, that the property has been grossly undervalued by the assessor or other county officials, whether or not the ass-' ment has been reviewed by the county board of equalization. The appointme''j be in writing. The appointee must be a competent citizen of the state, but of the county. The person appointed shall determine the character, loc~' ' ownership of the real and personal property in the county omitted or ~. person shall take an oath to faithfully perform the duties. 274.10 ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION The person shall examine the subject and prepare a report in duplicate. A list be attached to the report, showing the character, location, ownership, and valuation., all property that has been omitted or undervalued. The list must state the years or of years that the property has been omitted or undervalued. The list must show each piece or parcel of land or item of personal property undervalued, the amount the assessment, its actual and market value at the time it should have been and the difference between its assessed and actual value. On or before January 1, assessment year, the examiner shall file the report and list with the county auditor with the commissioner of finance. Lists must be verified substantially as follows: "I ............................... solemnly swear that I have personally examined the real and~ personal property in the attached list, and that it is a correct and full list of the real personal property subject to taxation in the county, and omitted from taxation for the years stated in it, or, if assessed for those years, grossly undervalued, and that the char- acter, location, ownership, and valuation of the property as set down in the umn, opposite the property, are correct, to the best of my knowledge and belief.' Subd. 2. Deputies; appointment, duties. When necessary to properly perform dutie~ within the time prescribed by law, with the approval of the governor, the examiner may:~ appoint one or more well-qualified citizens of the state as deputies to assist in the per- formance of examiner's duties. The deputies shall perform thc duties assigned them by~q the examiner. The deputies must take an oath to faithfully perform the duties. Subd. 3. Compensation of examiner and deputies. The examiner shall be paid $3 for services, and each deputy shall be paid $2, for every day they are necessarily employed in the performance of their duties. The examiner and deputies shall be paid, their necessary expenses. Upon the approval by the governor, the compensation and expenses must be paid out of the general fund in the state treasury. The respective coun- ties shall reimburse the state two years after the payments are made. The state auditor'~' shall notify the county auditor of the amount to be paid. The county auditor shall lev?i! a tax on the taxable property in the county sufficient to pay it. When collected, the pro- ceeds of the tax must be paid into the state treasury like other state taxes. History: (2044. 2045, 2046) RL s 854,855,856; 1973 c 492 s 14; 1975 c 339 s & 1986 c 444; 1987 c 229 art 4 s I 274.11 TAXES A LIEN ON PROPERTY IN EXAMINER'S LIST. The taxes upon the property on the list of the examiner under section 274.10, and found to have been omitted from or undervalued in the tax list for any year, is a lien upon all the real property owned in the county by any person named in it as the owner. The lien attaches at the time the list is filed with the county auditor. The lien continues until the taxes are paid. The lien may be satisfied from the proceeds of the sale of any property in the county owned by the person. History: (2047) RL s 857; 1987 c 229 art 4 s I 274.12 DUTIES OF AUDITOR AND ASSESSORS. Upon the receipt of the examiner's list, the county auditor shall enter the property described in it in the real and personal property assessment books. Upon receiving the books from the auditor, the assessor shall assess the property entered in it at its market value as shown by the list. A copy of the list must be furnished to the assessor with thc assessment books of the district. The assessor shall also make the necessary corrections in any assessment made before receipt of the list to correspond with the market value of the property shown in the list and correct the returns accordingly. The auditor shall proceed under sections 273.02 and 274.09. On finding from the examiner's list that any property has been omitted from or undervalued in the lists of any prior year or years, the auditor shall enter it on the assessment and tax books for the year or years it was omitted or undervalued. The omitted and undervalued property must be assessed at the valuation and amounts shown on the list. The arrearages of taxes on the property accruing against it must be extended upon the tax list for the current year and collected taxe~ is [ is COU~ thc district of th at the pefforrr the assessr or lot oi : assessme' {1) The opinio: The b, whose nar t[x'~a time ar (2) The its opimon i It shall raise rations, wht kct value c corporatior 'fiotice to tl- a hearing. (4) Th p-laint of a vidual's pe is assessed believes w · (5) Tt ~ as submitt tot under raise the 2 Of the cou market vz to be its r (6) 7 ': is not pre Subd ing comp ments ar. counsel, { Of tc lng befor nue und, ASSESSMENTS; REVIEW, CORRECTION. EQUALI:LATION 2'~4.13 uaxes. An assessor or county auditor who neglects to perform a duty under iS guilty of a misdemeanor- In addition to the usual penalty, the assessor . liable on o~cial bond for all taxes on the proper~y on the examiner's list. (2048) RL s 858; 1975 c 339 s 8:1986 c 444; 1987 c 229 art 4 s 1 BOARD OF EQUALIZATION. 1. Members; meetings; rules for equalizing assessments. The county or a majority of them, with the county auditor, or, i/the auditor cannot the deputy county auditor, or, i/there is no deputy, the court administrator district court, shall form a board for the equalization of the assessment of the of the county, including the property of all cities whose charters provide .for of equalization. The board shall meet annuallY, on the date specified in section the off, ce of the auditor. Each member shall take an oath to fairly and impar- perform duties as a member. The board shall examine and compare the returns of property of the towns or districts, and equalize them so that each lot of real property and each article or class of personal property is entered on list at its market value, subject to the following rules: The board shall raise the valuation of each tract or lot of real property which is returned below its market value to the sum believed to be its market The board must first give notice of intention to raise the valuation to the person name it is assessed, if the person is a resident of the county. The notice must time and place for a hearing. (2) The board shall reduce the valuation of each tract or lot which in its opinion above its market value to the sum believed to be its market value. (3) The board shall raise the valuation of each class of personal property which in its opinion is returned below its marke~ value to the sum believed to be its market value. shall raise the aggregate value of the personal property of individuals, firms, or corpo- rations, when it believes that the aggregate valuation, as returned, is less than the mar- 'i ket value of the taxable personal property possessed by the individuals, firms, or ~ corporations, to the sum it believes to be the market value. The board must first give fiotice to the persons of intention to do so. The notice must set a time and place for a hearing. '- (4) The board shall reduce the valuation of each class of personal property that is ~turned above its market value to the sum it believes to be its market value. Upon com- lblaint of a party aggrieved, the board shall reduce the aggregate valuation of the indi- vidual's personal property, or of any class of personal property for which the individual is assessed, which in its opinion has been assessed at too large a sum, to the sum it believes was the market value of the individual's personal property of that class. (5) The board must not reduce the aggregate value of all the property of its county, as submitted to the county board of equalization, with the additions made by the audi- tor under this chapter, by more than one percent of its whole valuation. The board may raise the aggregate valuation of real property, and of each class of personal property, of the county, or of any town or district of the county, when it believes it is below the market value of the property, or class of property, to the aggregate amount it believes to be its market value. (6) The board shall change the classification of any property which in its opinion is not properly classified. Sub& 1 a. Failure to appear or appeal. If a person, other than a public utility, min- ing company, or the metropolitan airports commission for which the original assess- ments are determined by the commissioner of revenue, fails to appear in person, by counsel, or by written communication before the county board after being duly notified of the board's intent to raise the assessment of the person's propertY, or if a person fails to appeal a decision of the board of review as described in section 274.01 after appear- ing before the local board, the person may not appear before the commissioner of reve- nue under section 270.11, subdivisions 5 and 6, to contest the valuation. 274.13 ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION Subd. 2. Special board; delegated duties. The board of equalization for any may appoint a special board of equalization and may delegate to it the power~ duties in subdivision 1. The special board of equalization shall serve at the and discretion of the appointing county board, subject to the restrictions imposed law on the appointing board. Thc appointing board may determine the number members to be appointed to the special board, the compensation and paid, and the term of office of each member. At least one member of the special of equalization must be an appraiser, realtor, or other person familiar with valuations in the county. Thc county auditor is a nonvoting member and serves as recorder for the special board. History: (2049)RL s 859; 1945 c 401 s I; 1949 c 543 s 3; 1971 c 564 s 8; 1975 s 6; 1977 c 434 s 12; 1980 c 437 s 7; 1986 c 444; ISp1986 c 3 art I s 82; 1987 c 229 4 s I; 1993 c 375 art 3 s 22 274.14 LENGTH OF SESSION; RECORD. The county board of equalization or the special board of equalization appointed by it shall meet during the last two weeks in June that contain ten meeting days, exclud- ing Saturday and Sunday. No action taken by the county board of review after June 30 is valid, except for corrections permitted in sections 273.01 and 274.01. The county auditor shall keep an accurate record of the proceedings and orders of the board. The record must be published like other proceedings of county commissioners. A copy of the published record must be sent to the commissioner of revenue, with the abstrac~ of assessment required by section 274.16. History: (2050) RL s 860; 1949 c 543 s 4; 1971 c 564 s 9; 1973 c 582 s 3; 1975 c 339 s 7; 1976 c 334 s 8; 1980 c 437 s 8; 1987 c 229 art 4 s 1; 1987 c 268 art 7 s 38; 1Sp1989 c 1 art 9 s 29; 1990 c 480 art 7 s 15 274.15 [Repealed, 1975 c 301 s 16] 274.16 CORRECTED LISTS, ABSTRACTS. The county assessor or, in Ramsey county, the official designated by the board of county commissioners shall calculate the changes of the assessment lists determined by the county board of equalization, and make corrections accordingly, in the real or per- sonal lists, or both, and shall make duplicate abstracts of them. One must be filed in the assessor's office, and one must be forwarded to the commissioner of revenue as pro- vided in section 270.1 I, subdivision 2. History: (2052) RL s 862; 1949 c 543 s 5; 1955 c 71 s I; 1971 c 25 s 56; I971 c 564 s I0; 1973 c 582 s 3; 1978 c 743 s II; 1986 c 444; 1987 c 229 art 4 s 1; 1987 c 268 art 7s 39 274.17 RECORD; ABSTRACT TO COUNTY AUDITORS. The secretary shall keep a record of the proceedings of the county board of equal- ization. The record must be published in the annual report of the commissioner of finance. Upon final adjournment the secretary shall send each county auditor an abstract of the proceedings, specifying: (1) the percent added to or deducted from the valuation of the real property of each of the towns and cities, and of the real property not in towns or cities, in case an equal percent has not b~n added to or deducted from each; (2) the percent added to or deducted from the classes of personal property in each of the towns and cities; and (3) the amounts added to the assessments of individuals, firms, or corporations. The county auditor shall add to or deduct from each tract or lot of real property in the county the required percent on the valuation of the property after equalization by the county board, rounding the value of each separate tract or lot to the nearest dol- lar. The county auditor shall also add to or deduct from the classes of personal property in the county the required percent on the valuation of the property after equalization e county boz earest dollar and corpor 'History: (20: ~ art 4 s I ,75 VALU." The assessm 273.124, st are final o~ rolls 'pursuant tc year History: IS ABST} Once each ~he county who "assessment roll History: (2 1'375 art 3 s 23 [Rev 274.20 [Reg ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION board, rounding the value of each separate class of personal property to dollar. The county auditor shall also add to the assessments of individuals, corporations after equalization by the county board, the required amounts. (2053) RL s 864; 1973 c 123 an 5 s 7; 1973 c 492 s 14; I986 c 444; I987 4si VALUES FINALIZED. : assessments recorded by the county assessor and the county auditor under sec- r3.124, subdivision 9; 274.16; 274.17; or other law for real and personal prop- final on July 1 of the assessment year, except for property added to the rolls under section 272.02, subdivision 4, or deleted because of mx forfei- to chapter 281. No changes in value may be made after July 1 of the year, except for corrections permitted in sections 273.01 and 274.01. ISp1989c I art 9 s 30; 1990 c 480 art 7 s 16 ABSTRACT OF REALTY ASSESSMENT ROLL TO TOWN CLERKS. ~nce each year, the county auditor shall make out and send to each town clerk in county who has requested it, a copy or abstrac~ of the latest available real estate ~ent roll of the town, as equalized by the county and state boards of equalization. History: (2054) RL s 865; 1979 c 50 s 31; 1986 c 444; 1987 c 229 art 4 s I; 1993 c art 3 s 23 [Repealed, 1993 c 375 art 3 s 47] [Repealed, 1993 c 375 art 3 s 47] 375.181 COUNTY BOARDS 94 375.181 SITES FOR COUNTY BUILDINGS. If the board of county commissioners at any regular or extra meeting adopts and enters in the minutes of its proceedings a resolution declaring that it is necessary to acquire for the use of the county any land, describing it, to be used as a site for a court- house or other public building or to enlarge the site of a courthouse or other public building already owned by the county, and the board of county commissioners is unable to purchase the land at a reasonable price, the land may be acquired by condemnation as provided in chapter 117. History: (6558} 1905 c 7 s 1; 1961 c 561 s 7; 1984 c 629 s 2 375.182 NEGLECT OF DUTY. Every member of the county board who shall neglect or omit to discharge any of the duties imposed by law shall be deemed guilty of a gross misdemeanor;, and, upon conviction, punished by a fine of not less than $100, nor more than $3,000. History: (855} RL s 509; 1969 c 9 s 82; 1984 c 628 art 3 s 11 375.19 ADDITIONAL POWERS. A county board may accept for its county real or personal property by gift, bequest, devise, conveyance, or otherwise from any person whose care, support, treatment, or maintenance, in whole or part, is or may be chargeable to or furnished or provided by the county, and hold or dispose of it for the benefit of the county, as in the case of other county property. It may permit use of county equipment for soil conservation projects and make annual expenditures from the general revenue fund for soil conservation pur- poses. History: (669) 1923 c 241; 1947 c 255 s 1; 1951 c 645 s 1; 1969 c 637s 1; 1974 c 72 s 1; 1984 c 629 s 2 375.191 [Repealed, 1969 c 333 s 7] 375.192 REDUCTIONS OR ABATEMENTS OF VALUATION OR T.MXES. Subdivision 1. [Repealed, 1990 c 604 art 3 s 65] Subd. 2. Upon written application by the owner of any property, the county board may grant the reduction or abatement of estimated market valuation or taxes and of any costs, penalties, or interest on them as the board deems just and equitable and order the refund in whole or part of any taxes, costs, penalties, or interest which have been erroneously or unjustly paid. The county board is authorized to consider and grant reductions or abatements on applications only as they relate to taxes payable in the cur- rent year and the two prior years; provided that reductions or abatements for the two prior years shall be considered or granted only for (i) clerical errors, or (ii) when the taxpayer fails to file for a reduction or an adjustment due to hardship, as determined by the county board. The application must include the social security number of the applicant. The social security number is private data on individuals as defined by sec- tion 13.02, subdivision 12. All applications must be approved by the county assessor, or, if the property is located in a city of the first or second class having a city assessor, by the city assessor, and by the county auditor before consideration by the county board, except that the part of the application which is for the abatement of penalty or interest must be approved by the county treasurer and county auditor. Approval by the county or city assessor is not required for abatements of penalty or interest. No reduc- tion, abatement, or refund of any special assessments made or levied by any municipal- ity for local improvements shall be made unless it is also approved by the board of review or similar taxing authority of the municipality. Before taking action on any reduction or abatement where the reduction of taxes, costs, penalties, and interest exceed $10,000, the county board shall give 20 days' notice to the school board and the municipality in which the property is located. The notice must describe the property involved, the actual amount of the reduction being sought, and the reason for the reduc- If the schoc the c : of revenue or reductic appeal n in the exe- county from tl prop June 30 ~tify the com~ The co of the apphcam Subd. 3. St ahall authorize board shall not ~aich the taxe'. ~e' History: I ~ ~582 s 3; 1977 $ 2; I986 c 444 13 s 20; I990 c ~993 c ' ~rt 3~5.193 [Rel: .~ 375.195 SAL~ ~ Subdivisi( board, the cou appraised by ti in trust for th( may, at any ti by the county · Sub& 2.' may sell at pu lots under the taxing district by the commi of natural res{ public sale, t? sale by the cc Subd. 3. offered for sal tute a fire ha~ before the sal post on the bi in the courth( tion of the bu their apprais, Subd. 4. be co' "qon imp~ ~en the bmtding,~ or 2. of ;t, 3r *y 2r f COUNTY {{OA.R])$ ~'~S.1~ If the school board or the municipality object to the granting of the reduction or the county board must refer the abatement or reduction to the commis- of revenue with its recommendation. The commissioner shall consider the abate- or reduction under section 270.07, subdivision 1. An appeal may not be taken to the tax court from any order of the county board in the exercise of the discretionary authority granted in this section. The county auditor shall notify the commissioner of revenue of all abatements . from the erroneous classification of real property, for tax purposes, as non- property. For the abatements relating to the current year's tax processed June 30, the auditor shall notify the commissioner on or before July 31 of that year of all abatement applications granted. For the abatements relating to the cur- year's tax processed after June 30 through the balance of the year, the auditor shall ~tify the commissioner on or before the following January 31 of all applications The county auditor shall submit a form containing the social security number of the applicant and such other information the commissioner prescribes. Subd. 3. Subject to the approval of the commissioner of revenue, the county board shall authorize the county auditor to grant the credits denied under section 272.115, subdivision 4, ifa certificate of value has been filed with the county auditor. The county board shall not hear any requests under this subdivision after May 31 of the year in Which the taxes are payable. ::': History: 1949 c 76 s 1; I949 c 485 s 1; 1963 c 591 s I; Ex1967 c 32 art 8 s 4; 1973 'c-.582 s 3; 1977 c 423 art 4 s 3; 1980 c 607 art 3 s 8; ISp1981 c I art 8 s 17; 1984 c 629 s 2; 1986 c 444; 1988 c 719 art 5 s 84; art 6 s 16; 1989 c 277 art 2 s 58; 1989 c 329 art I3 s 20; 1990 c 604 art 3 s 38; 1991 c 291 art 12 s 21; 1992 c 511 art 2 s 34; art 4 s 22; 1993 c 375 art 5 s 31 375.193 [Repealed, 1984 c 503 s 6] 375.195 SALE OF BUILDINGS ON PUBLIC PROPERTY. Subdivision 1. County auditor may sell property. Upon resolution of the county board, the county auditor may sell at public auction for cash at not less than the value appraised by the county board, buildings or improvements upon lands held by the state in trust for the taxing districts. If the buildings are not sold at the public auction, they may, at any time within one year from the date of the auction, be sold at private sale by the county auditor at not less than the appraised value. Subd. 2. Sale on request of commissioner of natural resources. The county auditor may sell at public auction any buildings or improvements upon state lands or platted lots under the control of the commissioner of natural resources not held in trust for the taxing districts, at not less than the value appraised by the county board and approved by the commissioner of natural resources, if requested to do so by the commissioner of natural resources. If the buildings or improvements are not sold when offered at the public sale, they may within one year from the date of the auction be sold at private sale by the county auditor at not less than their appraised value. Subd. 3. Finding by county board. The buildings or improvements shall not be offered for sale or sold until the county board has, by resolution, found that they consti- tute a fire hazard, an inducement to trespass, or a public nuisance. At least two weeks before the sale, the county auditor shall publish in a legal newspaper in the county and post on the bulletin board in the auditor's offme and at least one other prominent place in the courthouse, a notice of the sale, which shall include the date of the sale, a descrip- tion of the buildings and improvements and the lands upon which.they are situated and their appraised value. Subd. 4. Sale conditioned upon removal. All sales under subdivisions 1 or 2 shall be conditioned upon the removal from the land by the purchaser of all buildings and' improvements within 90 days of the date of purchase. Upon failure to so remove them, the buildings shall revert to the state and may be resold as provided in subdivision 1 or 2. 2'/0.11 DEPARTMENT OF REVENUE 270.11 POWERS; MEETINGS. ...:. in subdi' Subdivision 1. To act as state board of equalization. The comm by written communic lawiSv~ten~tr provided in section · shall have and exercise all the rights, powers and authority by i board of equalization, which board of equalization is hereby continued, with full poWe~,~~ ~oV~'~e°wrier can est; and authority to review, modify, and revise all of the acts and proceedings of the com:7.'~~-~ local board c missioner in so far as they relate to the equalization and valuation of property assessedq. '~,-~-': The commissioner for taxation, as prescribed by section 270.12. ';.:.-:.,~. the small claims divisim - 'owner shall be Sub& 2. County assessor's reports of assessment filed with commissioner. Eacl~' division whenev county assessor shall file by April 1 with the commissioner of revenue a copy of the, abstract that will be acted upon by the local and county boards of review. The abstract: must list the real and personal property in the county itemized by assessment districts~ ~ The assessor of each county in the state shall file with the commissioner, within ten:: working days following final action of the local board of review or equalization and within five days following final action of the county board of equalization, any changes made by the local or county board. The information must be filed in the manner pre~ scribed by the commissioner. It must be accompanied by a printed or typewritten copy of the proceedings of the appropriate board. The final abstract of assessments after adjustments by the state board of equaliza- tion and inclusion of any omitted property shall be submitted to the commissioner of revenue on or before September 1 of each calendar year. The final abstract must sepa- rately report the captured tax capacity of tax increment financing districts under section 469.177, subdivision 2, the metropolitan revenue contribution value under section 473F.07, and the value subject to the power line credit under section 273.42. Sub& 3. Special assessors, deputies; reassessments. The commissioner of revenue shall appoint a special assessor and deputies and cause to be made, in any year, a reas- sessment of all or any real and personal property, or either, in any assessment district, when in the commissioner's judgment such reassessment is desirable or necessary, to the end that any and all property in such district shall be assessed equitably as com- pared with like property in the county wherein such district is situated. Sub& 4. Omitted property. The commissioner of revenue shall require the county auditor to carefully place upon the assessment rolls omitted property which may be dis- covered to have escaped assessment and taxation in previous years. Sub& 5. Examination of complaints; proceedings. The commissioner of revenue shall receive complaints and carefully examine into all cases where it is alleged that property subject to taxation has not been assessed or has been fraudulently or for any reason improperly or unequally assessed, or the law in any manner evaded or violated, and cause to be instituted such proceedings as will remedy improper or negligent administration of the taxing of the state. Sub& 6. Change of market values. The commissioner of revenue shall raise or lower the market value of any real or personal property, including the power to raise or lower the market value of the real or personal property of any individual, copartner- ship, company, association, or corporation; provided, that before any such assessment against the property of any individual, copartnership, company, association, or corpo- ration is so raised, notice of an intention to raise such market value and of the time and place at which a hearing thereon will be held shall be given to such person, by mail, addressed to the person at the place of residence listed upon the assessment book, at least five days before the day of such hearing. All relevant and material evidence concerning the market value of the real or per- sonal property shall be submitted at the hearing, and the hearing shall not be a "con- tested case" within the meaning of section 14.02, subdivision 3. The person notified of the hearing, or any other person having an interest in the property, may present evi- dence and argument bearing upon the market value of the property. Subd. 7. Appearances before the commissioner. A property owner, other than a public utility or mining company, for which the original assessments are determined by the commissioner of revenue, may not appear before the commissioner for the put- History: (2365) ~74 c 521 s 28; 1975 c c I art 8 s I; 1982 c 424 c 719 art 5 s 84; 1989 270.12 STATE BOA! Subdivision 1. Co revenue shall constitu', day to day and emplo Sub& 2. Meeting and June 30 at the off the returns of the asse same so that all the ta subject to the followi~ (1) The board sh county, which" bo~ percent as wil. g ' (2) The board s? every county, which such percent as will r (3) If the board of market value unde any town or district of the real property c without raising or re or reducing it in the a part of a class, a el: property not in towt the same to its marl( (4) The board s or classes of personz to be valued below market value in mo (5) The board s or classes of person to be valued above its market value in (6) The board state, as returned valuation thereof; (7) When it wc county auditor to ft of any individuals, and equali; ,h or corporat, ab~ it shall appear to $3 CHAPTER 271 TAX COURT TAX COURT 271.01 271.01 Creation of tax court;jurisdiction. 271.02 Ol~cers. 271.03 Seal. 271.04 Heanngs; venue. 271.05 Power to review. 271.06 Appeals from orders. 271.07 Stenographic report; transcript. 271.08 Findings of fact; decision, entry of judgment. 271.09 Appeals and reviews. 271.10 Review by supreme court. 271.12 When order efl'ec~ive. 27t.13 May compel attendance of 271.15 Who may administer oaths, 271,17 Filing ot~cera, 271.18 Ex-judges not to represent clients; exception; violation. 27 I. 19 Costs and disbu~ements. 271.20 Decisions filed within three months. 271.21 Small claims division. 271.001 [Repealed, 1977 c 307 s 31] 271.01 CREATION OF TAX COURT; JURISDICTION. Subdivision 1. Membership, appointment, qualifications. There is hereby created a tax court as an independent agency of the executive branch of the government. The mx court is a court of record. The tax court shall consist of three judges, each of whom shall be a citizen of the state, appointed by the governor, by and with the advice and consent of the senate, for a term of six years commencing at the expiration of the pre- ceding term. Any vacancy shall be filled by the governor for the unexpired term, subject to confirmation by the senate. The terms of the judges shall end on the first Monday in January. The terms of the judges shall be staggered, the term of one judge expiring on the first Monday of each odd-numbered year. Judges may serve until their successors are appointed and qualify. They shall be selected on the basis of their experience with and knowledge of taxation and tax laws. The judges of the tax court shall be subject to ~he provisions of the Minnesota Constitution, article VI, section 6, the jurisdiction of the commission on judicial standards, as provided in sections 490.15 and 490.16, and the provisions of the Code of Judicial Conduct. Subd. 1 a. Retired judges. Upon the retirement of a judge of the tax court or the district court, the chief judge of the tax court may, with the retired judge's consent, assign the retired judge to hear any case properly assignable to a judge of the tax court and to act on it with thc full powers of a judge of the tax court. A retired judge perform- ing this service shall receive pay and expenses in the amount and manner provided by law for judges serving on the court, less thc amount of retirement pay the judge is receiving under chapter 352 or 490. Subd. 2. [Repealed, 1977 c 307 s 31] Subd. 2a. [Repealed, 1977 c 307 s 31] Subd. 3. [Repealed, 1976 c 134 s 79] ~' Subd. 4. [Repealed, 1971 c 753 s 2] Subd. 4a. Expenses. Each judge of the tax court shall receive actual and necessary expenses paid or incurred in the performance of duties as provided in section 43A.04, subdivision 3. Subd. 5. Jurisdiction. The tax court shall have statewide jurisdiction. Except for an appeal to the supreme court or any other appeal allowed under this subdivision, the tax court shall be the sole, exclusive, and final authority for the hearing and determina- tion of all questions of law and fact arising under the tax laws of the state, as defined in this subdivision, in those cases that have been appealed to the tax court and in any case that has been transferred by the district court to the mx court. The tax court shall have no jurisdiction in any case that does not arise under the tax laws of the state or in any criminal case or in any case determining or granting title to real property or in any case that is under the jurisdiction of the probate court. The small claims division of the tax court shall have no jurisdiction in any case dealing with property valuation 271.01 TAX COURT 84 or assessment for property tax purposes until the taxpayer has appealed the valuation or assessment to the town or city board of equalization and to the county board of equalization, except for those taxpayers whose original assessments are determined by the commissioner of revenue. The tax court shall have no jurisdiction in any case involving an order of the state board of equalization unless a taxpayer contests the valu- ation of property. Laws governing taxes, aids, and related matters administered by the commissioner of revenue, laws dealing with property valuation, assessment or taxation of property for property tax purposes, and any other laws that contain provisions autho- rizing review of taxes, aids, and related matters by the tax court shall be considered tax laws of this state subject to the jurisdiction of the tax court. This subdivision shall not be construed to prevent an appeal, as provided by law, to an administrative agency, board of equalization, or to the commissioner of revenue. Wherever used in this chap- ter, the term commissioner shall mean the commissioner of revenue, unless otherwise specified. Subd. 6. [Repealed, 1989 c 324 s 29] History: (2362-10) 1939 c 431 art 6 s 10; 1943 c 533 s I; 1965 c 698 s 2,3; 1969 c 1125 s 1; 1971 c 226 s 2; 1971 c 753 s I; 1973 c 582 s 3; 1974 c 355 s 36; 1976 c 134 s 61,62, 78; 1977 c 307 s 2-4,29; 1977 c 432 s 5; 1978 c 672 s 1; 1981 c 210 s 54; 1984 c 502 art 11 s 2; 1984 c 592 s 82; 1985 c 305 art 12 s 5; 1Sp1985 c 14 art 20 s 1; 1Sp1985 c 16 art 2 s 26; 1986 c 444; 1986 c 473 s 3; 1987 c 404 s 158; 1988 c 719 art 19 s 12; 1989 c 324 s 7,8 271.02 OFFICERS. The judges of the tax court shall choose a chief judge. The chief judge shall coordi- nate and make hearing assignments, and appoint employees who shall be in the unclas- sifted service. The chief judge may delegate administrative duties to the employees appointed. The court administrator of district court in each county shall be the court administrator of the tax court in that county. Filing fees and library fees deposited with the court administrator of district court in the capacity of court administrator of the tax court and in cases originally commenced in district court and transferred to the tax court shall be retained by the court administrator of district court. The court adminis- trator of the tax court in each county shall be subject to the supervision of the adminis- trator in tax court matters. History: (2362-11) 1939 c 431 art 6 s 11; 1965 c 698 s .~ 1976 c 134 s 78; 1977 c 307 s 5,29:1978 c 672 s 2; 198I c 356 s 338:1986 c 444; 1Sp1986 c 3 art I s 82; 1989 c 324 s9 271.03 SEAL. The tax court shall have a seal, engraved with the words, "State of Minnesota, Tax Court." Such seal may be used to authenticate the official acts of the tax court or any judge thereof, but failure to use the seal shall not invalidate any such act. History: (2362-12} 1939 c 431 art 6 s 12; 1965 c 698 s 3; 1976 c 134 s 78; 1977 c 307 s 29 271.04 HEARINGS; VENUE. Subdivision 1. Generally. The tax court shall hold hearings and meetings as may be prescribed by the rules of the tax court. The principal office of the tax court shall be in Saint Paul, but it shall hold hearings at any other place within the state, so that taxpayers may appear before the court with as little inconvenience and expense to the taxpayer as is practicable. The tax court shall be allowed to use the district court court room in all of the counties. The administrator of the tax court shall consult with the court administrator of the district court involved before a schedule of court room to be used by the tax court is established. Each tax court judge may hear and decide cases. Upon petition by a party to a case, or upon a motion by a tax court judge, and approval by a majority of the tax court, a case may be tried before the entire tax court. When appeal is taken property county or shall be in ~ ire'order of the cot ~histate shall be i Subd. 2. [Rep History: (236 ~ i; 1978 c 672 s. ~71.05 POWER ~.~, The tax cour the commissione: ::: History: (23c S 78; 1977 c 307. 271.06 APPEAl Subdivision sion 1, paragrapl- manner herein; respecting any ta imposition ,.c in~ diction u~ e or affected ,.,,:re interested therei or by any resider upon request, s? is taken to the ta ation for proper 5, and chapter ~ Subd. 2. 60 days after no the appellant, o missioner and fi tor or with the c tax court; prov' the time for al: appeal shall be the commissio~, in all cases who the commissio~ general has apt deems it again'. the attorney gt state at any st: Upon a fi jurisdiction ur shall file a pet: of district co~: proof or --vi time n ;d notice Ol asse. assessor, an o equalization. 271.19 TAX COURT 271.19 COSTS AND DISBURSEMENTS. Upon the determination of any appeal under this chapter before the tax court, or of any review hereunder by the supreme court, the costs and disbursements shall be taxed and allowed in favor of the prevailing party and against the losing party as in civil actions. In any case where a person liable for a tax or other obligation has lost an appeal or review instituted by the person, and the tax court or court shall determine that the person instituted the same merely for the purposes of delay, or that the taxpayer's posi- tion in the proceedings is frivolous, additional costs, commensurate with the expense incurred and services performed by the agencies of the state in connection with the appeal, but not exceeding $5,000 in any case, may be allowed against the taxpayer, in the discretion of the tax court or court. Costs and disbursements allowed against any such person shall be added to the tax or other obligation determined to be due, and shall be payable therewith. To the extent described in section 15.471, where an award of costs and attorney fees is authorized under section 15.472, the costs and fees shall be allowed against the state, including expenses incurred by the taxpayer to administra- tively protest or appeal to the department of revenue the order, decision, or report of the commissioner that is the subject of the tax court proceedings. Costs and disburse- ments allowed against the state or other public agencies shall be paid out of funds received from taxes or other obligations of the kind involved in the proceeding, or other funds of the agency concerned appropriated and available therefor. Witnesses in pro- ceedings under this chapter shall receive like fees as in the district court, to be paid in the first instance by the parties by whom the witnesses were called, and to be taxed and allowed as herein provided. History: (2362-28) 1939 c 431 art 6 s 28; 1965 c 698 s 3; 1976 c 134 s 78; 1977 c 307 s 29; 1984 c 514 art 3 s 3; 1986 c 444; 1990 c 604 art 1 s 20; 1991 c 345 art 1 s 86 271.20 DECISIONS FILED WITHIN THREE MONTHS. Ail questions of fact and law and all matters submitted to the judges of the tax court shall be disposed of and their decision filed with the court administrator of the tax court within three months after such submission, unless sickness or casualty shall prevent, or the time be extended by written consent of the parties. No part of the salary of any judge of the tax court shall be paid unless the voucher therefor be accompanied by the judge's certificate of full compliance with the requirements of this section. A tax court judge shall devote full time to the duties of the office and shall not engage in the practice of law. History: (2362-30) 1939 c 431 art 6 s 30; 1965 c 698 s 3; 1976 c 134 s 78; 1977 c 307 s 24,29:1986 c 444; 1Sp1986 c 3 art 1 s 82 271.21 SMALL CLAIMS DMSION. Subdivision I. Division created; judges. There shall be a division of the tax court known as the small claims division. The judges of the tax court shall sit as judges of the small claims division. Each judge shall have authority to hear and decide the cases heard as small claims judge. Subd. 2. Jurisdiction. At the election of the taxpayer, the small claims division shall have jurisdiction only in the following matters: (a) in cases involving valuation, assessment, or taxation of real or personal prop- erty, if the taxpayer has satisfied the requirements of section 271.01, subdivision 5, and in the case ofnonhomestead property, the assessor's estimated market value is less $100,000; or than (b) any other case concerning the tax laws as defined in section 271.01, subdivision 5, in which the amount in controversy does not exceed $5,000, including penalty and interest. Subd. 3. Appeal election. A taxpayer may elect to appeal in the small claims divi- sion instead of appealing to the regular division of the tax court. If the taxpayer elects to appeal to the small claims division, and 30 days have elapsed since the filing of the or briefs hz s tO appeal to same matter. Subd. 4. [ReD Subd. 5. Co~r small claim'~ in the form 'the taxpayer's c the cour oner or to tl~ to the proct · have ~division 2. ~".~ Sub& 6. He: ¢ithout a jury. T deems necessaD' in paragraph (b). admissible as a .r oath. A party ma: ney. No transcri' Subd. 7. a case in the sma in writing. The d fled in subdivisi. Subd. 8. Ju upon all parties the appropriate refund, or take c may be had fro, form. The judgr force or effect in in a case dealing after the state bc Sub& 9. St be issued only Subd. 10. gested with apl> tax purposes, th to the small cia cases heard as shall have expe: values, depend' of the salary of of time served or incurred in Sub& 11. to proceedings wise. History: 1 1989 c 324 s 2 271.22 [Re[ TAX COURT 2'/1.21 or briefs have been filed or a hearing held on the matter, whichever occurs first, the taxpayer shall not appeal to the regular division in the same matter. A taxpayer who '~¢lects to appeal to the regular division shall not appeal to the small claims division in [lie same matter. Subd. 4. [Repealed, 1989 c 324 s 29] Subd. 5. Commencement of proceeding. A taxpayer shall commence a proceeding in the small claims division by filing with the court administrator of the tax court a peri- tibn in the form prescribed by the rules of the tax court, which shall state the nature of the taxpayer's claim. Upon the filing of a petition by the taxpayer to the small claims division, the court administrator of the tax court shall give notice thereof to the com- missioner or to the appropriate unit of government, who shall thereafter be deemed a party to the proceeding. In the event a petition is filed, the small claims division shall thereafter have exclusive jurisdiction over the case if it meets the requirements of sub- division 2. Subd. 6. Hearing. The hearing in the small claims division shall be informal and without a jury. The judge may hear any testimony and receive any evidence the judge deems necessary or desirable for a just determination of the case except as provided in paragraph (b). Sales ratio studies published by the department of revenue may be admissible as a public record without foundation. All testimony shall be given under oath. A party may appear personally or may be represented or accompanied by an attor- ney. No transcript of the proceedings shall be kept. Subd. 7. Dismissal. At any time prior to entry of judgment, a taxpayer may dismiss a case in the small claims division by notifying the court administrator of the tax court in writing. The dismissal shall be with prejudice and shall not revoke the election speci- fied in subdivision 3. Subd. 8. Judgment. The judgment in the small claims division shall be conclusive upon all parties and may not be appealed. The court may order the commissioner or the appropriate unit of government to modify or cancel an assessment, pay or allow a refund, or take other action necessary to effectuate the judgment. Notice that no appeal may be had from a small claims judgment shall appear prominently on the petition form. The judgment shall not be considered as judicial precedent and shall have no force or effect in any other case, hearing, or proceeding. No judgment shall be rendered in a case dealing with property valuation or assessment for property tax purposes until after the state board of equalization has issued its order, if any, for that area or property. Subd. 9. Subpoenas. Subpoenas in a proceeding in the small claims division will be issued only at the discretion of the court. Subd. 10. Referees. Whenever the small claims division trial docket becomes con- gested with appeals involving valuation, classification, and assessment of property for tax purposes, the judges of the tax court may appoint referees to hear the cases appealed to the small claims division. Each referee shall have authority to hear and decide the cases heard as small claims referee. Each referee shall be a citizen of Minnesota and shall have experience with and knowledge of tax law or property taxation and property values, depending on the case at issue. A referee shall be paid at a rate of 80 percent of the salary of the judges of the district court in that county, prorated by the length of time served as a referee. Each referee shall receive actual and necessary expenses paid or incurred in the performance of duties. Subd. 11. Applicability. The provisions of sections 271.01 to 271.20, shall apply to proceedings in the small claims division unless this section expressly provides other- wise. History: 1977 c 307s 25; 1986 c 444; 1Sp1986 c $ art 1 s 82; 1987 c 268 art 7 s 2.5; 1989 c 324 s 20,21; 1991 c 291 art I s 9; 1992 c 511 art 2 s 8 271.22 [Repealed, 1989 c 324 s 29] 85 TAX COURT 271.06 aa appeal is taken by a resident taxpayer from an order of the commissioner, not involving property taxes, venue for the case shall be, at the election of the taxpayer, in Ramsey county or in the district court judicial district in which the taxpayer resides. Venue shall be in Ramsey county for an appeal taken by a nonresident taxpayer from an order of the commissioner. Venue for all other cases arising under the tax laws of the state shall be in the same judicial district as if the case was being tried in district court. Subd. 2. [Repealed, 1992 c 511 art 2 s 60] History: (2362-13) 1939 c 431 art 6 s 13; 1965 c 698 s 3; 1976 c 134 s 78; I977 c $07 s 6; 1978 c 672 s 3; 1989 c 324 s I0; 1991 c 291 art I s 8 271.05 POWER TO REVIEW. The tax court shall have power to review and redetermine orders or decisions of the commissioner of revenue upon appeal therefrom in the cases authorized by law. History: (2362-14) 1939 c 431 art 6 s 14; 1965 c 698 s 3; 1973 c 582 s 3; 1976 c 134 s 78; 1977c 307s 29 271.06 APPEALS FROM ORDERS. Subdivision 1. Manner. Except as otherwise provided in section 270.07, subdivi- sion I, paragraph (a), or any other law, an appeal to the tax court may be taken, in the manner herein provided, from any official order of the commissioner of revenue respecting any tax, fee, or assessment, or any matter pertaining thereto, including the imposition of interest and penalty, or any matter over which the court is granted juris- diction under section 271.01, subdivision 5, by any person directly interested therein or affected thereby, or by any political subdivision of the state, directly or indirectly, interested therein or affected thereby, or by the attorney general in behalf of the s~ate, or by any resident taxpayer of the state in behalf of the state in case the attorney general, upon request, shall refuse to appeal. Notwithstanding subdivision 2, when au appeal is taken to the tax court in any case dealing with property valuation, assessment, or tax- ation for property tax purposes, the provisions of section 273.125, subdivisions 4 and 5, and chapter 278 shall apply as if the appeal had been taken to the district court. Subd. 2. Time; notice; intervention. Except as otherwise provided by law, within 60 days after notice of thc making and filing of an order of the commissioner of revenue, the appellant, or the appellant's attorney, shall serve a notice of appeal upon the com- missioner and file the original, with proof of such service, with the tax court administra- tor or with the court administrator of district court acting as court administrator of the tax court; provided, that the tax court, for cause shown, may by written order extend the time for appealing for an additional period not exceeding 30 days. The notice of appeal shall be in the form prescribed by the tax court. Within five days after receipt, the commissioner shall transmit a copy of the notice of appeal to the attorney general in all cases where the amount at issue exceeds $100. The attorney general shall represent the commissioner, if requested, upon all such appeals except in cases where the attorney general has appealed in behalf of the state, or in other cases where the attorney general deems it against the interests of the state to represent the commissioner, in which event the attorney general may intervene or be substituted as au appellant in behalf of the state at any stage of the proceedings. Upon a final determination of any other matter over which the court is granted jurisdiction under section 271.01, subdivision 5, the taxpayer or the taxpayer's attorney shall file a petition or notice of appeal as provided by law with the court administrator of district court, acting in the capacity of court administrator of the tax court, with proof of service of the petition or notice of appeal as required by law and within the time required by law. As used in this subdivision, "final determination" includes a notice of assessment and equalization for the year in question received from the local assessor, an order of the local board of equalization, or an order of a county board of equalization. 271.06 TAX COURT 86 The tax court shall prescribe a filing system so that the notice of appeal or petition filed with the district court administrator acting as court administrator of the tax court is forwarded to the tax court administrator. In the case of an appeal or a petition con- cerning property valuation for which the assessor, a local board of equalization, a county board of equalization or the commissioner of revenue has issued an order, the officer issuing the order shall be notified of the filing of the appeal. The notice of appeal or petition shall be in the form prescribed by the tax court. Subd. 3. Pleadings. Within 30 days after the service and filing of the notice of appeal, unless the appeal be (heretofore dismissed, the commissioner shall make, cer- tify, and file with the tax court a return composed ora copy of any application or peti- tion by which the proceeding was instituted and any other material paper preceding the order of the commissioner, a copy of the order appealed from, all relevant correspon- dence or other communication, and a denial, admission, or explanation with respect to each allegation of fact in the notice so far as not covered by the order;, provided, that the tax court, for cause shown, may extend the time for filing such return for an addi- tional period not exceeding 30 days. Where the commissioner is required to transmit a copy of the notice of appeal to the attorney general, the commissioner shall, within ten days after service of the notice of appeal upon the commissioner, transmit to the attorney general a complete copy of all papers required for the return. Allegations of new matter in the return shall be deemed to be denied by the appellant. Subd. 4. Appeal fee. At the time of filing the notice of appeal the appellant shall pay to the court administrator of the tax court an appeal fee of $ 50; provided, that no appeal fee shall be required of the commissioner of revenue, the attorney general, the state or any of its political subdivisions. In small claims division, the appeal fee shall be $ 5. The provisions of chapter 563, providing for proceedings in forma panperis, shall also apply for appeals to the tax court. Subd. 5. Modification or rescission of orders. At any time before final determina- tion of an appeal by the tax court, the commissioner may, upon notice to the appellant and with the approval of the attorney general, offer to modify or rescind the order appealed from and, if such action be satisfactory to the appellant and to all other parties appearing in the proceeding, if any, and they shall stipulate thereto in writing, the pro- posed modification or rescission shall be made by the commissioner, and the appeal shall thereupon be dismissed, with such adjustment of costs as may be agreed upon between the commissioner and the appellant and specified in the stipulation. Subd. 6. Hearings; determination of issues; default. The tax court shall hear, con- sider, and determine without a jury every appeal de novo. A tax court judge may empanel an advisory jury upon the judge's motion. The tax court shall hold a public hearing in every case. All such parties shall have an opportunity to offer evidence and arguments at the hearing; provided, that the order of the commissioner or the appropri- ate unit of government in every case shall be prima facie valid. When an appeal to the tax court has been taken from an order or determination of the commissioner or from the appropriate unit of government, the proceeding shall be an original proceeding in the nature of a suit to set aside or modify the order or determination. In case no appel- lant shall appear the tax court shall enter its order affirming the order of the commis- sioner of revenue or the appropriate unit of government from which the appeal was taken. If the department ofrevenue's sales ratio study is introduced in tax court as evi- dence, the sales ratio data from the study shall be admissible as evidence only as pro- vided in section 278.05, subdivision 4. Subd. 7. Rules. Except as provided in section 278.05, subdivision 6, the rules of evidence and civil procedure for the district court of Minnesota shall govern the proce- dures in the tax court, where practicable. The tax court may adopt rules under chapter 14. The rules in effect on January 1, 1989, apply until superseded. History: (2362-15) 1939 c 431 art 6 s 15; 1943 c ]74 s 3; 1945 c 604 s 23,24; 1957 c 770 s 1; 1965 c 698 s 3; 1973 c 582 s 3; 1976 c 134 s 78; 1977 c 307 s 7-12,29; 1978 c 672 s 4; 1979 c 333 s 95; 1981 c 253 s 29; 1982 c 424 s 130; 1984 c 502 art Il s 3; 1986 c 444; 1Sp1986 c 3 art I s 82; 1989 c 324 s 11-14; 1991 c 345 art I s 85; 1992 c 51] art 2 s 7; 1993 c 375 art 3 s 5,48; 1994 c 587 art 5 s 1 ,1.061 [Repe .07 STEN( Except in t re' relating to .~..paid by the ~ ;5 History: (2. 15,29; 1986 c '2 .os nm>: ~,: Subdivisic · 'determine eve: of the tax cour 8ertified copy appropriate ur and of the sub~ appeared, and general. Subd. 2. in subdivisio~ entered there( History: ' s 3; 19": c I$ 271.0~ ,~P[ Subdivis' subdivision 1 the right of: action of the: any taX, asse Upon an~ aF the supreme upon all par~ sion. In all c~ review, as ~h appropriate Subd. 2 division 5, i court or has sive, all righ assessment. Subd. -" the taxpaye' the taxpaye' the taxpaye: (ions 273.12 an appeal dt poses, as if Histor. s 3; 1976 c Subdix upon certi{ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 August 23, 1995 Mr. Vincent D. Forystek Alternative Industry Resources Inc. 7912 73rd Avenue North Brooklyn Park, MN 55428 RE: 3137 Inverness Lane Dear Mr. Forystek: We are in receipt of your letter dated August 18, 1995 regarding questions about the property assessment at the above location. The Local Board of Review, which is made up of the City Council, is responsible under state law to hear appeals by property owners regarding property evaluations that is placed on those properties by the assessor. In the City of Mound's case, the assessor is Hennepin County and we contract with Hennepin County to provide the assessment on an annual basis. The City Council hears the appeal at the first Board of Review meeting. They then direct the county assessor to conduct a review of the property pursuant to the appeal and to return to the next Board of Review meeting with their recommendation. The City Council directed that your property be reviewed at the first Board of Review meeting. The assessor then came back at the second Board of Review meeting and made his recommendation. It is then your responsibility, if you want to pursue it, to follow the process to Hennepin County, which is apparently what you have done, and you continue to disagree with the assessor. The only other alternative that you have for appeal through this process, is tax court. You have until March 31, 1996 to appeal this assessment to the tax court. In your letter of August 18th, you are asking the City Council to send you a letter "...confirming that the appraiser has made an inaccurate and misleading statements." The City Council will not send you a letter to this effect because they have agreed with the assessor's appraisal. printecl on recycle~ paper Letter to Vincent Forystek August 23, 1995 Page 2 You further state: "If you are going to agree with the appraiser's statements, I am requesting that you send me a letter confirming that you, the City Council, will support the use of the private easement and back me up regardless of concerns from people whose easements run across." The City Council will not send you a letter t"o this effect either. The only recourse that you have is to appeal this to tax court. The City Council cannot reconvene the Board of Review to discuss this matter with you. You have the option, as I have stated above, to contact the tax court regarding your appeal. ~,~ince~ely, Edward~J.~hukle, Jr. City Manager ES:Is CC: Keith Rennerfeldt, Hennepin County Assessor's Office ALTERNATIVE INDUSTRY RESOURCES, INC. 7912 73rd Ave. N. Brooklyn Park, MN 55428 (612)493-2255 RECEIVED AUG 2 1 Mound City Council (Board of Revue) City of Mound 5341 Maywood Road Mound, Minnesota 55364 August 18, 1995 Ladies and Gentleman, On June 20th I attended a meeting with the Hennepin County Board of Equalization. At that time I was handed an appraisel from the county assessor. The land in question is a home at 3137 Inverness lane and several additional partials of property. As you may remember, I tried to discuss the situation with you at the local board of review meeting. At that meeting it was aparent that the local board never intended to review anything with me. I tried at least three times to engage any of you into reviewing the matter with me. My long standing concern has been that the county assessor has and continues to use a rocky and bulwinkle (watch me pull a number out of my hat) aproach. Last year the County valued the rental property at 3137 Inverness lane at $58,000.00 dollars. This year, in an apparent retaliation for my actions, they have gone to $66,000.00 dollars. This number is 30 percent higher than what I originally paid for the property two years ago. In the appraisel, to the County Board of Review, the appraisor indicates that YOU the city will allow me to use a private easement to access the land in order to form three buildable sites. Later Keith Renerfeldt informed me that in fact the appralsor could not say this. However, Mr Renerfeldt got upset when I asked him to send me documentation supporting his statement and this fact. He also refused to send copies of the appraisel to you. I don't understand why he wants to hide this appraisel from you. I am sending both the appraisel on the house and the land, to you. At this time I am asking you to review the appraisels, and send me a letter confirming that the appralsor has made inacurrate and misleading statements. If you are going to agree with the appraisors statements I am requesting that you send me a letter confirming that you the city council will support the use of the private easement and back me up regardless of concerns from the people whose property these easements run across. I would welcome an opportunity to speak in person with the city council about this matter. The statements about the easements are not the only misleading itmens in this appraisel. Sincerely, Vincent D. Forystek 3131 Inverness Lane ALTERNATIVE INDUSTRY RESOURCES, INC. 7912 73rd Ave. N. Brooklyn Park. MN 55428 (612) 493-2255 Robert Winge Appraiser Hennepin County Assessors office A-2103 Government Center 300 South Sixth Street Minneapolis Minnesota 55487-0213 Dear Mr Winge, August 18, ! 995 In your recent appraisel provided to the board of review, it is apparent that you have manipulated the numbers in coming up with an appraised value for the properties in question (the land), l am requesting that you give me answers to the following questions within i0 days from receipt of this letter. 1 Why didn't you point out that sale//4 is actually two building sites If you would have shown this fact, the average value of the buildable sites would have been approx. $15.400.00. Even with the numbers as you have show~ them the average value you show is approx. $16,700.00 2. Why is it that you deviated from the average of your comparables and increased the value to $20,000.00 dollars, times 3 on the lots you are saying I can build on the land. 3. Is it likely that a home on the end of a private alley would actually be less valuable than a home or property that abuts a city street 4. Is it a fact that none of the comparables you have used are on the end of an alley. 5. Did you talk to any of the parties involved in the private easement (alley) on the south side of the property If you did, please provide me a copy of the text of the easement and reference what items in the easement would allow me to use this existing easement for additional building sites. 6. Did you review the language of the easement before you submitted the appraisel. 7. Is it true that the existing easement allows access for only the existing properties. Where, in your appraisel to the County Board of review, have you figured in the cost that would be associated with having the neighbors allow me to use the existing easment for addtional building sites. Sincerely, cc Mound City Council APPOINTMENT DATE: ~INTMENT TIME: PROPERTY OWNER: (By: Mailing Address: Phone: (Scheduled on: HI::NN~PIN COUNTY 199.~ BOARD 01: EQUALIZATION H-140o H-141, H-142, H-143 TOGETHER TUESDAY, JUNE 20 10:00 PAGE I VINCENT D. FORYSTEK ) 3131 INVERNESS LANE, MOUND 55364 86O-2476 6/7 @ 11:20) MOTION: MOTION: SECOND: SECOND: APP'T. NUMBER: PROPERTY ADDRESS: MUNICIPALITY: PID: PROPERTY TYPE: H-140 3137 INVERNESS LANE MOUND 19-117-23-33-0061 RESIDENTIAL LAND MARKET VALUE STRUCTURE MARKET VALUE TOTAL MARKET VALUE REVIEW APPRAISAL 15.000 51,000 66~000 ASSESSOR'~ RECOMMENDATION 15.000 51,000 66~000 LAND MARKET VALUE STRUCTURE MARKET VALUE TOTAL MARKET VALUE VALUE PRIOR TO LOCAL BOARD 15,000 44~000 59,000 VALUE AFTER LOCALBOARD $ No Chanqe $ $ DECISION OF COUNTY BOARD OF EQUALIZATION APP'T. NUMBER: PROPERTY ADDRESS: MUNICIPALITY: PID: PROPERTY TYPE: H-141 NO ADDRESS MOUND 19-117-23-33-0058 VACANT LAND LAND MARKET VALUE TOTAL MARKET VALUE REVIEW APPRAISAL $ $ ASSESSOR'S RECOMMENDATIQN $ No Chanqe LAND MARKET VALUE TOTAL MARKET VALUE VALUE PRIOR TO VALUE AFTER LOCAL BOARD LOCAL BOARD $ 5.000 i $ NO Change $ 5,000 ' $ DECISION OF COUNTY BOARD OF EQUALIZATION $ HNTMENT DATE: 'OINTMENT TIME: OPERTY OWNER: APP'T. NUMBER: PROPERTY ADDRESS: MUNICIPALITY: PID: PROPERTY TYPE: H-140, H-141, H-142, H-143 TOGETHER TUESDAY, JUNE 20 10:00 VINCENT D. FORYSTEK H-142 NO ADDRESS MOUND 19-117-23-33-0064 VACANT LAND PAGE 2 LAND MARKET VALUE TOTAL MARKET VALUE REVIEW APPRAISAL ASSESSOR'S RECOMMENDATION $ N0 Change LAND MARKET VALUE TOTAL MARKET VALUE VALUE PRIOR TO LOCAL BOARD $ 5,000 $, 5,000 VALUE AFTER LOCAL BOARD $ No Change DECISION OF COUNTY BOARD OF EQUALI[ATION $ APP'T. NUMBER: PROPERTY ADDRESS: MUNICIPALITY: PID: PROPERTY TYPE: H-143 NO ADDRESS MOUND 19-117-23-33-0070 VACANT LAND LAND MARKET VALUE TOTAL MARKET VALUE REVIEW APPRAISAL ASSESSOR'S RECOMMENDATION $ No Change LAND MARKET VALUE TOTAL MARKET VALUE VALUE PRIOR TO LOCAL BOARD $ 4.000 $ 4,000 VALUE AFTER LOCAL BOARD $ No Change DECISION OF COUNTY BOARD OF E(~UALIZATION $ SUBJECT PHOTO VINCENT D. FORYSTEK VACANT LAND MOUND GOVT LOT 4 GOVT LOT 5 ':'~ LAND SALES ANALYS S '"~ SUBJECT PROPERTY SALE SALE #2 SALE #3 es-. XXXX Dorchester 4429 Manchester Rd XXXX Paisley Dr. 4750 Dorchester Municipality Mound Mound Mound Mound PID 19-117-23-32-0192' 19-117-23-32-0195 19-117-23-34-0095 Legal Description Date of Sale 3-94 12-94 3-93 Sale Price $12,500 $16,900 $10~ 500 Unit Price $ Per $1.95/SF $2.64/SF $. 87/SF $ Per Size Sq. Ft. i 6,400 ~ 6~400 i 12~054 Loca~on i Average ." Avera~]e : Avera~]e Neighborhood Trend ~ ~ ~ Stable :, Stable Stable Topography : UlJlitv/Shape i Square ~ Square ~ R~ctancjul ar i Zoning Min. Size ~ 6,000 SF 6,000 SF : 10,000 SF s ~ Averao~ ~ 'Avera Ul~lities ~ In Street i In Street In Street Street Surface : : : Total Net Adjustment Adjusted .$***.P...e..r. ............................................................................................................................................................................................................................................ Unit Value $ Per Indicated Value Indicated Value by Sales Comparison Approach .................................................................... .$ Jation Date: Inspection Date: Final Opinion of Value: $ Appraiser ,ddress 4728 Hampton Rd. 2920 Oakland Ln. 49XX Tuxedo 5274 St,Mary's Municipality Mound Mg~Jnd Mound Mi nnetonka PID 19-117-23-33-0201 23-117-24-31-0007 24-117-24-44-0066 25-117-24-24-0034 Legal Description Date of Sale 1-94 8-94 3-94 ! 1-94 Sale Price $ 27. 500 $18,900 $12,5 O0 $18.000 Unit Pdce~...P...e..r. ................................. ..$. ],..:..8...3... ,/. S...F. ............................. ..$..]:.:. 3..[/. _S...F. ............................. $..[,:...O...QI.S..F......: .............................. ~ . .1. .:. .8. . .6. . /. S, .,.F. ............ $ Per Size Scm. Ft. 15)054 i 14,430 : 12,404 i 9,680 i: Locmion Average ~ Averaqe : AveraQe ~ Averaoe Neighborhood Trend Stable ~ Stable ~ = ~ Stable = Stable Topography : Utility/Shape Rectan_qu_ 1 a~- Rectanqu 1 a~ Re~tanou 1 ar !~ Re~:tan_ou] ar ~ Zoning Min. Size 600 SF i 10.000 SF ~ 10,000 SF ~ NA Access Average ~ Averaqe ~ ~ ~ Averaoe AveraQe Utilities In Street) In Streel; ~ Ill ~l;reet ~ In Street Street Surface : : : Total Net Adjuslment Adjusted ..$....P...e..r. ............................................................................................................................................................................................................................................. Unit Value $ Per Indicated Value Indicated Value by Sales Comparison Approach .................................................................... .$ Valuation Date: Inspection Date: Final Opinion of Value: $ 4 Appraiser Value Conclusion Location: The subject is located in the City of Mound. It is in the southeast part of the city known as "The Island". The area consists mostly of single family houses ranging in value from $45,000 to $115,000. Sites: The subject consists of three vacant sites next to each other that have not been deveiopedl Combined, they total approximately 46,200 square feet (1.06 acres) in size. Two of the three sites do not have sewer, water or a road. The other site has a road in front of it along with water and sewer available in the street. The sites are heavily wooded with rolling terrain. Sales History: Properly I.D. Number 19-117-23-33-0064 was purchased in December of 1986 for $7,500 from the current owner's brother. Property ID Number 19-117-23-33-0070 was purchased from the State of Minnesota in September of 1979. The sale price is unknown. The other property with I.D. Number 19-117-23-33-0058 sold in December of 1986 for $7,000 along with Property ID Number 19-117- 23-33-0225. Owner's Concerns: The owner has owned these sites for approximately eight years. He also owns other properties next to these that the values are not being questioned. The owner approached the City of Mound approximately ten years ago with a possible six site development. The owner said he was told he would have to construct a new cul-de-sac, install sewer and water lines and regrade a portion of the existing road. The engineer for the city said the development costs may be between $35,000 - $40,000 today. The owner split off 12,000 square feet of land and constructed a house on it in 1986. No other development has taken place on these sites. The four remaining parcels no longer can be divided into six buildable sites. Only three of the remaining four parcels are being appealed. With the development costs so high the owner feels that he could not r~aake any money selling the sites. The owners indicated that he may not have access to these three parcels. There is a permanent alley easement running next to one of owner's sites on the south side. On the north side of these sites is the existing road. In my opinion the City would probably grant an easement at either one of the access points. 5 Comparables: There were seven vacant land sales that were used in this report. The four that were given the most weight are in the area known as "The Island", Comparables 1 through 4. All of the comparables have city water and sewer available to them.,oto These properties were sold as single building sites. The subject has three parcels. If they are combined, the site would be over one acre in size. The property could then be divided into at least three sites. Each site would be approximately 15,000 square feet and the sale price would be from $18,000 to $22,000. Based on a sales price of $20,000 time three sites gives a value of $60,000 minus the development costs of $40,000 gives a total value of the three sites of $20,000. The 1995 market value for the three sites is currently at $14,000. The sites could also be combined to form one site and the development costs could be lowered ~om $40,000 to approximately $5,500. A lateral sewer and lateral water line could be run from Inverness across parcel (58) without tearing up the existing road and without building a cul-de-sac. This single site would sell for approximately $24,000 to $26,000. Taking out the development costs of $5,500 indicates a value of $19,500. My final opinion of value for the subject sites as of January 2, 1995, is $19,500. (Nineteen Thousand Five Hundred Dollars) Robert Winge Appraiser 6 CITY OF MOL~-D :' - :;-;..~..~1 L-N'N'ETR ISI' -~ __ ----=West Arm Lake Minnetonk~ lariest' BIi v ~ ~ Minn~4o, 'I CERTIFICATION This is certification that I have personally inspected the property described in this appraisal report, that all statements of fact contained in this report are true and correct to the best of my knowledge. I have no present or contemplated future interest in the subject property. No one other than the undersigned prepared the analysis, opinions, or conclusions concerning real estate that are set forth in this appraisal report. The value estimate is not contingent on any fees or monetary consideration. It is assumed, unless otherwise stated, that there are no hidden or unapparent conditions of the property, subsoil, or structures that affects its value. No responsibility is assumed for such conditions. This report has been made in conformity with the professional standards of the International Association of Assessing Officers. Certified by, Appraiser 8 Current Position - Appraiser, Hennepin County Assessor,s Office Independent Fee Appraiser - 3 1/2 years Licensed Minnesota Realtor - 7 years Bachelor of Science Degree in Real Estate - St. Cloud State University REAL ESTATE AND RELATED EDUCATION~ SREA Courses - Introduction to Appraising Real Property (Course 101) Applied Residential Techniques (Course 102) University of Minnesota Continuing Education Courses -- Course A - Assessment Laws, History & Procedures Hennepin County Personnel Training Division Courses -- Writing for the Information Age Other Related Courses -- Real Estate Law Real Estate Investment Minnesota Association of Assessing Officers -- Narrative Report Writing Workshop PROFESSIONAL DESIGNATION~ C.M.A. - Certified Minnesota Assessor PROFESSIONAL MEMBERSHIP: Member Minnesota Association of Assessing Officers CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 5, 1995 TO: MAYOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER ~7. SUBJECT: RESOLUTION OPPOSING PROPOSED ORDINANCE - I-IENNEPIN COUNTY #18 REGARDING COUNTY COLLECTED SOLID WASTE FEE FOR SOLID WASTE MANAGEMENT SERVICES At the September 26, 1995 regular meeting I presented you with some information from Hennepin County regarding a proposed ordinance on a County collected solid waste fee for solid waste management services. We briefly reviewed the ordinance and your initial reaction to it was opposition. You suggested that I prepare a resolution regarding our opposition to the ordinance so it could be forwarded to the County prior to a public hearing scheduled for October 12th by the Environment and General Government Committee of the Hennepin County Board of Commissioners. Since the last meeting, I spoke to Janet Leick, Division Manager of the Environmental Management Division, Hennepin County Department of Public Works, regarding your objections as it relates to not creating any incentives for recycling. She understood the City Council's position and was going to study the matter further and would get back to me. The basic purpose of the ordinance is that it will provide funding for activities that are currently provided by the County whereby persons under contract with the County that support waste management responsibilities under state law, these include, but are not limited to, waste reduction and reuse; waste recycling; composting of yard waste and food waste; resource recovery, transportation and transfer station costs, closure and post closure care of solid waste facility, responses to releases from a solid waste facility or closed solid waste facility and management of problem materials and household hazardous waste. If you recall in 1993, Hennepin County lowered its tip fee from $95 per ton to $60 per ton, in order to compete with out of state landfills. In July 1995, they reduced the tip fee from $60 per ton to $45 per ton. By doing so, they are able to compete with out of state landfilling, but have a shortage in funding to run programs that are stated above. Therefore, they are requesting this separate tax, which will bring in approximately $9 million. printed On recycled paper Attached is another letter from Janet Leick, responding to my September 28, 1995 letter and telephone conversation I had with her regarding our objections. Although the fact sheet that accompanies her letter discusses the background regarding the ordinance and the need for additional revenues, the ordinance is placing another tax on residents, not on haulers. The resident should be paying more for garbage service if they choose not to recycle. It is up to the haulers to create more of an incentive. The County should look for ways to assist haulers in creating and implementing incentives. If this ordinance is passed, all residents will be charged an additional tax which takes away any incentive for residents to recycle. I communicated this to Janet. I would recommend approval of the attached resolution and forwarding it to the County board of Commissioners for their review and consideration. RESOLUTION #95- RESOLUTION OPPOSING PROPOSED ORDINANCE #18, HENNEPIN COUNTY REGARDING COUNTY COLLECTED SOLID WASTE FEE FOR SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City of Mound as an entity within Hennepin County participates with Hennepin County in a recycling program, and; WHEREAS, this recycling program has been in existence for a number of years, WHEREAS, the City of Mound has received reimbursement from Hennepin County to assist in recycling services to the City, and; WHEREAS, Hennepin County has encouraged cities to be aggressive in the area of recycling, and; WHEREAS, Hennepin County has urged cities to create incentives for recycling activities, and; WHEREAS, cities have created those incentives and promoted recycling as mus as possible, and; WHEREAS, Hennepin County has now proposed an ordinance to charge an additional tax to bring in more money to carry out certain solid waste management services, and; WHEREAS, Hennepin County does not appear to be addressing garbage haulers pricing tactics as it relates to creating incentives for recycling, and; WHEREAS, residents of the City of Mound and within Hennepin County would be charged an additional tax to support solid waste management services that Hennepin County is currently providing and additional services that they may wish to provide in the future, and; WHEREAS, the City of Mound objects to any further tax increases in general from the County, but more specifically, as it relates to this ordinance and solid waste management services. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, that it hereby objects to proposed ordinance #18 and suggests that Hennepin County refrain from additional increases in taxes that put more of a burden on residents for solid waste collection. BE IT FURTHER RESOLVED, that the City Council does not approve of the proposed ordinance and suggests that further investigation of other alternatives be conducted. Specifically, it suggests that the County look for ways to assist haulers to create more incentives for people to recycle, i.e., charging substantially more for garbage services based upon usage, etC. BE IT FURTHER RESOLVED, that Hennepin County should not just be creating an additional tax for residents without really attacking the problem. This only creates disgruntlement and further rebellion towards recycling and general waste management programs. 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 Manager HENN CO ENVIR HGHT TEL No.612-5~8-8552 Oct 5,95 15:$8 No.029 P.O1 Hennepin County An Equal Opl~rtuni~ Employer October 5, 1995 Mr. Fxlward ;. Shuklc Jr. City of Mound 5341 Ma)wood Rd. Mound, MN 55364 Dear Mr. Shukic: I would like to give you some additional information regarding the proposed Hennepin County fee for solid waste management services to be collected via a ~parat~ linc on thc property tax statement. A fact sheet is included for your referenge. As you know, Hennepin County first implemented its integrated solid waste management system in 1989 as a result of State mandates. You should understand that the cost of this system has not increased, but the method of collecting revenue to finance it has changed. From 1990-1993, revenues for the County's comprehensive system and programs came principally from the $95 per ton fee paid by waste haulers. In 199,$ and the first half of 1995, revenues came from a $60 per ton tip foe and a hauler-collected solid waste management fee paid by generators. The proposal for 1996 is to fund resource recovery through a $45 per ton tip fee on waste delivered under contract and through the new fee for solid waste management services collected via the property tax system, and to continue to fund the environmental programs through the hauler-collected fee. I emphasize, these three sources of funding do not represent an increase in thc total fees or revenue to the County, but rather a restructuring of the method of collection. The restructuring was necessitated by the County's continuing commitment to provide financially responsible and environmentally sound waste management. anet Leick Dlwsion Manager Attachment Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401 - 1309 (612)348-6846 FAX:(612)348-8532 HENN C0 ENVIR HGHT TEL No.612-~8-8552 Oct 5,95 1~:~8 No,029 P,02 Hennepln County ln~raled Waste IWmxmgement System Solid Waste Program Revenue Fact Sheet Tip Fee, Solid Waste Management Fee, and County Collected Solid Waste Fee ! I I To meet State mandates to manage waste generated in the County and to eliminate lan~ of unproces~ w~, in the 1980's, Henncpin County developed an integrated solid waste management system. It includes waste reduction and reuse, recycling and resource r~.~v~~v~ waste into electricity. This management strategy is consistent with the State's waste management hierarchy and was approved by the Metropolitan Council. The State authorized the County to crmct a designation or "flow control' ordinance to ensure the County's ability to manage its own waste. Designation required that all mullicipal wlid waste generated in the County was de. livetu:l to the County's.system for processing. The State also mandated that the cost of environmentally sound waste management be visible to generators. Consistent with this mandate, the County relied upon the tip fee charged haulers to fund its system. From 1990 through 1993 the tip fee was $95 per ton. Additional funding for the. programs came from grants and license fees. The County did not use revenue from the general property tax levy to support these programs. In December 1993, thc County suspended enforcement of its designation ordinance for waste destined for out-of-state disposal. To encourage continUed use of its resource recovery facilities, the Coun lowered its tip fec to $60 per ton. To make up for the lost tip fee revenue, the County begana hauler collected Solid Waste Managemeng Fee (Ordinance 15) to fund environmental programs including the citizen waste drop-off centers whi.'ch manage household hazardous waste, consumer electronics, appliances, fluorescent lamps, batteries, tires and oil. Some haulers began transferring increasing amounts of waste to out-of-state landfills. Becau~ these landfdls do not meet the same environmental and financial standards as Minnesota facilities, they charge lower tipping fees. In July 1995, again to encourage haulers to deliver Hennepin County waste to environmentally preferred resource recovery facilities, the County offered contracts at a $45 per ton tip fee to haulers who would agree to deliver ali of the Hennepin County waste they collect to the Cosnty system. Most haulers have accepted these contracts. To make up the revenue lost by the tip fee reduction, the County Board is considering a County Collected Solid Waste Fee for ~olid Waste Management ~rv/ce~ which would be collected through a se_m~rnte line Item on property tax bills. The fee is not part of the County's general property tax levy. This method is similar to that now used in Anolm, Ramsey, and Washington counties. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 September 28, 1995 Ms. Janet Leick Division Manager Environmental Management Division Hennepin County Department of Public Works 417 North 5th Street Minneapolis, MN 55401-1309 Dear Janet: I am in receipt of your letter dated September 25, 1995 and the proposed ordinance #18 for Hennepin County to collect a solid waste fee for solid waste management services. I understand that there is a public hearing scheduled for Thursday, October 12, 1995 before the Environment and General Government Committee of the Hennepin County Board of Commissioners. Subsequent consideration for the adoption of the ordinance, as I understand it, is scheduled for October 17, 1995, before the full Hennepin County Board. I shared the letter and the information you submitted, along with the proposed ordinance, and the existing Ordinance #15 which applies to haulers within Hennepin County with our Council. The City Council is not pleased with the proposed ordinance. They are very much concerned about the types of uses that you are proposing for this money which seems to duplicate what is already in Ordinance #15. In addition, the City of Mound sees no incentives for people to recycle through the garbage collection system, haulers tend to charge on a per can basis, but the difference between one, two or three cans is insignificant. There is no incentive for persons to recycle. The person who does recycle is subsidizing those who wish not to conserve. We have seen reductions in the amount of County reimbursement on our recycling program. It is currently at $.80 per household, and I assume that eventually we will have no reimbursement whatsoever. The City of Mound charges currently $1.50 per household per month to cover recycling services. We are proposing to increase that to $2 per household per month in 1996. You are proposing an additional tax that seems to put more of a burden on residents for solid waste collection. Where is this going to end? The City Council does not approve of the proposed ordinance and suggests that further investigation of other alternatives be conducted. In addition, it suggests that the County look at implementing some kind of printe~ff on recycled paper Letter to Ms. Janet Leick, page 2 September 28, 1995 ordinance to direct haulers to be creating more incentives for people to recycle. I understand that persons need to initiate conservation, however, by continually taxing them, I don't think you are going to accomplish that incentive. They need to understand that there is going to be a difference between paying for garbage service on a per can basis and that there is going to be a substantial increase if they go from one can to two cans or from two cans to three cans. A general tax without really attacking the problem, as we see it, only creates disgruntlement and further rebellion towards recycling and general waste management programs. If I am missing the point of this ordinance, I would appreciate you calling to let me know where I am off base. The City Council has asked me to draft a resolution for their approval, objecting to this ordinance. The council will be considering this resolution at its October 10th meeting. I would appreciate if you could call me to discuss this matter further, at your earliest convenience. City Manager ES:ls September 25, 1995 Hennepin County An Equal Opportunity Employer RECEIVED SEP 2 § tgg5 CERTIFIED MAIl. To All Interested Parties: On September 12, 1995, the Hennepin County Board of Commissioners approved Resolution No. 95-9-665 which establishes a public hearing on proposed Hennepin County Ordinance No. 18, County Collected Solid Waste Fee for Solid Waste Management Services, and on proposed fees associated with the Ordinance. The public hearing will be held on Thursday, October 12, 1995, at 11:00 a.m. before the Environment and General Government Committee of the Hennepin County Board of Commissioners in Room A2400 of the Hennepin County Government Center. The purpose of the Ordinance is to establish authority for a Hennepin County Collected Fee for Solid Waste Management Services for the service area of the entire County to fund waste management programs which protect the health and welfare of Hennepin County citizens pursuant to State mandates governing waste management programs. A draft of the proposed ordinance has been enclosed. The recommended fee for 1996 is approximately .019 percent of the market value for all taxable property. The fee will be County collected via a separate line item on the property tax statement. This fee will not replace the existing hauler collected Solid Waste Management Fee pursuant to Ordinance 15. The current Solid Waste Management Fee will remain the same. A fact sheet has been attached which summarizes features of both ordinances. If you wish to testify at the public hearing, please contact the Committee Clerk, Lois Hawkins, at 348-4019. If you have any questions, please do not hesitate to contact me or my assistant, Mike Natysin, at 348-4843. ~Sin~cerely' ~. Division Manager Environmental Management Division Enclosures Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1309 (612)348-6846 FAX: (612)348-8532 Recycled Paper FACT SHEET PROPOSED I:tENNEPIN COUNTY ORDINANCE NO. 18 Ordinance Name: Ordinance No. 18, County Collected Solid Waste Fee for' Solid Waste Management Services for Hennepin County Adopted on: Pending Board approval on October 17, 1995 Proviaes funding for activities provided by the County or by persons under contract with the County that support the preferred waste management responsibilities, described in Minnesota Statutes Chapters l lSA and 473 and Section 400.08, including but not limited to waste reduction and reuse; waste recycling; composting of yard waste and food waste; resource recovery, transportation and transfer station costs, closure and postclosure care of solid waste facility, responses to releases from a solid waste facility or closed solid waste facility, and management of problem materials and household hazardous waste. Collection Method: County collected via a separate line item on the property tax statement Fee.- Staff has recommended that $9,000,000 must be raised in 1996 to fund Solid Waste Management Services. If the Board adopts the recommendation, the fee will be approximately .019 percent of the M~ket Value for al! property taxpayers i~ Hennepi. n Coun~ Formula: Market Value (from tax statement) X Rate -- Solid Waste Fee Annual Fee Example: Market V01ue $1,000,000 X .00019 = $190.00 $112)0,000 X .00019 = $19.00 $50,000 X .00019 = $9.50 q79, FACT SHEET HENNEPIN COUNTY ORDINANCE NO. 15 Ordinance Name: Ordinance No. 15, Solid Waste Management Fee Ordinance for Hennepin County Adopted on: November 30, 1993, per Resolution No. 93-11-937R1 Amended on June 6, 1995, per Resolution No. 95-6-352R1 Provides funding for activities provided by the County or by persons under contract with the County which support the preferred waste management responsibilities, described in Minnesota Statutes Sections l15A.01 et seq, 473 and 400.08 including, but not limited to waste reduction and muse; waste recycling; composting of yard waste and food waste; and management of problem materials, and household hazardous waste. Collection Method: Hauler Residential Generator: a 9 % fee applied to Mixed Municipal Solid Waste collection and disposal services as defined in Minnesota Statutes 297A Non-Residential Generator: a 14.5% fee applied to Mixed Municipal Solid Waste collection and disposal services as defined in Minnesota Statutes 297A COUNTY COLLF, CTI~ SOLID WASTE FOR SOLID WASTE MANAGEMF~NT SERVICES FOR I:[I~NNEPIN COUNTY DEPARTMF~NT OF PUBLIC WORKS ENVIRONM'F~NTAL MANAGEMI~NT DIVISION ADOPTED BY THF~ I:I~F~NNEPIN COUNTY BOARD OF COMMISSIONERS ON ORDINANCE FOR COUNTY COLLECTED SOLID WASTE FEE FOR SOLID WASTE MANAGEMFNT SERVICES FOR ~PIN COUNTY PURI~SE The purpose of this Ordinance is to establish authority for a Hennepin Count'./Collected Solid Waste Fee for Solid Waste Management Services for the scrvi~ area of the entire County to fund waste management programs which protect the health and welfare of Hennepin County citizens pursuant to State mandates governing waste management programs. The Ordinance includes: Establishing and imposing a County Collected Solid Waste Fee for Solid Waste Management Services and establishing the Fee payment method and collection procedures. This. Ordinance is adopted pursuant to Minn. Stat. § § 375.51,400.08 and 473.811. The Hennepin County Board of Commissioners does ordain: SECTION I DEFINITIONS For the purposes of this Ordinance, the terms defined in this section shall have the meaning given them, unless the context clearly indicates otherwise. Subsection 1. "County" is the County of Hennepin, Minnesota. Subsection 2. "County Board" is the Hennepin County Board of Commissioners. Subsection 3. "Fee" is the County Collected Solid Waste Fee for Solid Waste Management Services authorized by Minn. Stat. § § 400.08 and 473.811, subd. 3 (a), and imposed by this Ordinance. Subsection 4. "Market Value" has the same meaning as in Minn. Stat. § 273.032. Subsection S. "Person" includes, but is not limited to: an individual, business, public or private corporation, partnership, joint venture, association, Izust, unincorporated association, government or agency or political subdivision thereof, and other legal entity, and any receiver, trustee, assignee, agent or other legal representative of any of the foregoing. Subsection 6. "Solid Waste Management Service" includes all activities provided by the County or by Person under contract with the County that support the preferred waste management responsibilities, described in Minnesota Statutes Chapters 115A and 473 and Section 400.08, including but not limited to waste reduction and reuse; waste recycling; composting of yard waste and food waste; resource recovery, transportation and transfer station costs, closure and postclosure care of solid waste facility, responses to releases from a solid waste facility or closed solid waste facility, and management of problem materials and household ba?ardous waste. SECTION II GENERAL PROVISIONS Subsection 1. Fee Imposed. Pursuant to the authority of Minn. Stat. § § 375.51,400.08 and 473.811, the County Board hereby imposes a Fee on all property subject to taxation under Minn. Stat. Chapters 272 and 273 located in the County. The Fee shall be imposed against the Market Value of the taxable property in the County. Subsection 2. Procedures for F_ztablishing the amount to be generated by the Fee. Each year following a public hearing, the County Board shall establish by resolution the amount to be generated by the Fee. Subsection 3. Fee. The Fee shall appear on the property tax statement as a separate line item. The Fee shall be due and payable at the same time as the property tax payable in 1996 and every year thereafter. Subsection 4 Unpaid County Collected Solid Waste Fee for Solid Waste Management Services. If not paid, the Fee becomes delinquent and is subject to collection as delinquent real property tax with the same penalties and the same rate of interest as for delinquent property taxes under Minn. Stat. Chapter 279. SECTION IH SEVERABILITY It is hereby declared to be the intention of the Hennepin County Board of Commissioners that the provisions of this Ordinance are severable in accordance with the following: A. Validity of Provisions. If any court of competent jurisdiction shall rule that any provision of this Ordinance is invalid, other provisions not specifically included in said judgment shall not be affected. B. Application to Particular Person or Property. If any court of competent jurisdiction shall rule that the application of any provision of this Ordinance is invalid to a particular person or property, such judgment shall not affect the application of said provision to any other person or property not specifically included in the judgment. SECTION IV PROVISIONS ARE CUMULATIVE The provisions of this Ordinance are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this Ordinance. 2 SECTION Vli EFFECTIVE D~TE This Ordinance shall be in full force and effect immediately upon passage by the County Board of Commissioners and publication as required by law. COUNTY OF I-IF. NNEPIN STATE OF MINNF. SOTA Approved: BY: Chair of the County Board Assistant County Attorney Attest: Clerk of thc County Board CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 2, 1995 TO: MAYOR AND CITY COUNCIL FROM: LINDA STRONG, ACTING CITY CLERK SUBJECT: BINGO PERMIT FOR FIRE DEPARTMENT AUXILIARY The Auxiliary of the Mound Fire Department is applying for a "Turkey Bingo" permit for Tuesday, November 14, 1995. printed on recyclecl paper MPLUM TEL: $$9-2625 Oct o5,gs 10:25 No,O01P,02 WPLUM TEL: $$~-2625 Oct 05,95 10:25 No.OOi P.O$ INDEX FIRM BACKGROUND 3. 4. 6. Bricf History ............................................ 1 Numlx;r of Attorncys/$pexialtlcs .............................. 1 Number of Paralcgals/Sin:~ialtics .............................. 11 Support Pcrsonncl ............. . ........................... 11 Officc Organization and Support Capabilitie.~ ..................... 11 Officc Location .......................................... 11 ATTORNEY QUALIFICATIONS 12 FIRM QUAI.IFICATIONS 12 ATTACHMENTS RESUMES eLt9S020 ~PLUH TEL: $$9-2625 Oc~ OS,SS 10:25 No.OOl P.04 A. FIRM BACKGROUND !. Brief History Kennedy & Graven, formerly known as Holmes & Graven, wa.~ formed in 1973 as a professional legal corporation. On November 1, 1989 the municipal law and public finance deparm~ents of LeFevere, Lefler, Kennedy, O'Brien & Drawz merged into the firm bringing with them over 50 years of expericnce itl the ~ea of mnnicip',d law. The firm speciali:,es in municipal law, public financing, litigation, condenmation, real estate and general commerical law. Kennedy & Gravcn's eXl~fienc~d staff of attorneys and other professionals t~es pride in the firm's broad understanding of the legal, economic, and political environment facing the public sextor in Minnesota. From Its very beginning, the f'mn has been extensively involved in the reprcgntatlon of public sector clients. The finn represents the following government~ units as general counsel: City uf Brooklyn Center City of Crystal City of Independence City of Laudc,'da{e City of Lorctto City of Medina City of Mum,ds View City of New Brighton City of Richfield City of Robbin~ale City of Rogmount City of Sandstone I.ake Minnetot~,a Con~rvation Disa'ict White Bear Lake Conservation District Local Government Information Service (LLK;IS) Hennepin Recycling Group 0clRG) Suburban Rate Authority (SRA) We also scr~c as general counsel to the following Econo,rile Development Authorities and Redevelopment Authorities: Brooklyn Ccntcr Red Wing Bumsville Richfield Chanhasscn Robbln~ale Columbia Ilcights Scott County Crystal Stearns County We also serve as special coung{ on an on-going basis to approximately 30 governmental entities, including Bloomington, Burnsville, Duluth, Minneapolis and Minnetonka. 2. Number of Attorncvs/gpedahJes The firm has 16 lawyers and specializes in thc followh~g areas: a. Zoning and Land Use An es.~ential element of municipal legal represcnt~tion is advising clicnt~ concerning a host of platting, land use, comprehensive plan and subdivislon i~sues ,)q £_5 WPLUM TEL: $$8-2625 Oct 05,95 10:25 No,O01P,05 L~40~-4 which cities face on a daily basis, Attorneys in our film have extensive and longqcrm experience in such matters. Jim Thomson is a frequent lecturer, both at fl~e state and national levels, on land usc issues and has handled many significant land use ca.qe.~ au the trial and appellate levels. Two of our attorney.q, Ron Bart.1, and Steve Bubul, hold masters degrees in urban planning. Mr. Batty has worked as a city planner for the City of New York, Borough of Queens and was thc Zoo,lng Adminisuator for the city of Minnetonka from 1980 to 1984. Steve Bubul worked a.q a land u.qe planner from 1978 to 1984 for thc Dane County (Wisconsin) Rel~ional Planning Commi.~sion. As pm't of its general municipal representation our firm i.g involved on a rcgular basis with the drafting, h~tcrpreration and application of zoning r~gulations. ~.ttorne?,c with thc fu'm hta,,~, ~arlc~] liteiaIly tilousatRlS Ol ~mnmg ordinancc mncndn~nts pertaining to such things as shurcland ttgulation,~, development moratorium.g and regulation of group homes. Wc have codified the zoning ordinances for numerous municipalities. Condemnation l.aw~ Kenn~y &. Graven ha.n handled both routine and complex, ~;undemnadon proceedtng.q .qim:e the firm was established. Those matters arc principally handled by Robert J. Lindall, John M. LeFevre and Corrine H. Thomson. Mr. Lindall has been involved in over 300 condcmnation p~o~-,cdings, many of which have involved commercial or industrial properties, Hc i~ coauthor with John LeFevre and Mary Dobbins of the book, Minncsota C.__undemnaflon ~. lie is co-author with Mary Dobbins and Douglas Pcterson of two article~ in Minnesota Real It-state Law Journal enth.lcd Minneso_ta's Doctrine.~ of Public P._urpo.~ and Superior Public ~ £minent Domain (Vol. !. No. 13) and _The Oril~ins of £rnlnc-~' Domain (~ol. '1, No. 12). He wan chairman of the 14ennePin County Bar Eminent Domain Committee in 1981-1.~82 and 1982-1983. John M. LcFcvrc aull,urcd Some ~ m the Eminent Domain Area (llennepin Lawyer, 1983). - ' _Poblic Corrinc Thomson reprcsc,itrxl ti= Cloy of Minneapolis on behalf of the Bassett creek Flood Cm,uol Commission in the acquisition of rights-of-way for the $17 million Bassett Creek Flood Cbntrol Project. She has al.so handled condcnmation proceedings for the Cities of Brooklyn Center, Minnctonka, New Brighton, Prior Lake and Richfield. Improvement Project~: As city attorneys we assist the city staff throughout thc spc~ia] a~ssmcnt process to ensure compliance with statutory procedures. Wc consult wit, staff in thc preparation of a.~sessment rolls, acquiring property whcn needed and fl~c handling o/' assessment appeals. Charlie Lei:crete hos bccn a frcquc,i l~turcr at UPLUM TEL: S~8-2G25 Oc~ 05,g5 10:25 No.O01P.06 mmm e1,i,95o2o do continuing legal education courses on this subject and has extensive CXl;n~ricucc in reviewing improvemenl proceedings itl cities throughout Minnesota. Envlronlnental and Superfund Law Kennedy & Graven has practiced extensively in environmental law through thc I¢presentation of both public and private clients. Bob Lindall was formerly the Sp¢~;iul Assistant Attorney General for thc Minnesota Pollution Control Agency. Our cxpe~icnce include.s: l. The firm ha~ represented several clients regarding the haTardous waste siting procextures under the direction of thc Minnesota Waste Ma,agernelR Board. In addition, we have advised numerous public clients regarding environmental laws, including the Minnesota Environmental Rights Act (Superfund). 2. The firm has served a.~ general counsel to thc Metropolitan Waste Control Con~nissiun. This has involved work regarding sewage treatment and disposal and tlc Clean Water Act &nd its ~pplieation to local governn-~nt units. In fids connection, we have developed and inslitutcd the industrial s~'cngth thai'ge system in the r~etropolitan area (both model ordinances and joint powei' agreement~), the industrial cost rccovery system, and the waste diacha:gc rules for tile metropolitan di.~posal system. In addition, we have represented rite Commission in matters relating to discharge permits, on-land dlspos~tl uf waste, and litigation regarding municipal user and connection charges. .'t. The firm has represented thc Mim~capolis Comm~mity Development Agency (MCDA) in several environmental ~nutters. In particular, the firm represented the MCDA in lengthy litigation regarding the adeqnacy of the Envlrorlmentai Impact Statement on thc, Cedar-Riverside New Communities redevelopment project. We have also represented the agency and other public clients in reviewing thc adequacy of various environmental documents, 4, Mr. Lindall represented the MCDA and thc City of Minneapolis in negotiations with the MPCA and FMC contaminated site i:nd construction by FMC ufa multimillinn dollar research facility with ov¢~ 1,000 Jobs on the site. He then broughl legal action against the previous uwner and r~ovc~-~ uvcr $1.1 million in response costs incurred b~y MCDA in clcanup of tlc site and relate~ matters. $. Mr. Lindall has repre.c, ente~ clients accusod of bclng rcsponsible persons for cleanup of Superfund designated sites by th~ Unitcd States Environmental Protection Agency. They currently represent the cifics of Anoka, Circle Pines and Ncw B~ighton in such negotiations r~lating to the Oak Grove Landfill in Anoka County. WPLUM TEL: $$8-2625 Oct o5,gs 10:25 No.O01P.O? L£40~-4 f. 6. The ~rn al~ roudncIy renders advice to various public clients regarding thc environmcnlal consequences of developrr~nt proposals, hl addition, we have had extensive experience regarding the issues of hisloric preservation, environmental impact statemenL~ and environments! work.~heev,. Kcnn~ly & Graven ha.~ be~.n actively involved in die employment and personnel arcs. $cvcral of Its attorneys have representc~ and advised governmental and private clients in this area. Tills experience includes thc following types of rcprcsentafiolj: discipline/di~harge cases; racc, scx, disability and age discrimination ca.;es: ~xual harassment cases; Veterans' Preference Act ca.~en; reviews ofpcrsonnc! policie,Vhandbooka, employment contracts, aff'~rmative action plans; advice on pay equity/comparable worth plans; labor management contracts and the Minnesota Gov¢.~ment Data Practices AcL Kennedy & Graven has primarily rcprescnte.d defendants in employment tnattcr~, and in particular, govcrnmcnt agencies. IL~ attorneys have defended these casc~ in t'edcra] and state courts, arbitrations, the Minne.~ota Human Rights Department, the fexletal EEOC, The Minneapolis Cormnission on Civil Rights, before thc Commisxionex of Veterans Affairs, and in informal negotiations. 7ohn LeFcvrc and Mary Dobbins are the primary attou~cys practicing in the employment area. Municioal Litip. ation Since its Inception. Kennedy & Graven has engaged in a substantial and varied litigation practice. Jim Thomson is an attorney for thc League of Minnesota Cities lnsuran~;c Trust., which in.~ures over 90% of thc rnunicipalitic~ in Minnesota, He has tried over 100 cases to conclusion, approximately 25 of which were jury trials. In additio, to our eminent domain practice, other areas of our litigation practice include: 1. kand_LU Attorncy~ at Kennedy & Graven have litigated numcrous cases involving land usc d¢cisioas of municipalities including challcngcs to zoning. conditional use permits, and variances. Jim Thomson has handlrxl land use litigation cases at th~ t~ial and appellate court levels involving issues such as land dedications, platting, acce,s rights, regulation of Ip'oup homes, and height rcstrictio, s. Kennedy & Graven has litigated cases involving real e~tate title disputes. mortgage foreclosure, enforcement or purchase agreements, ~nd cases involving claims of fraud and mlsrcprcscntudon. WPLUH TEL: 338-2625 Oc~ 05,95 10:25 No.O01P.O@ CLL95020 L~40~-4 Other Litigation Relating to Municipal Decisions and .Governmental Authority -- Kennedy & Graven has litigated, on behalf of various units of government, disputes over the adequacy of provision of municipal services, housing assistance, relocation benefits, Section 1983 claims, claims against municipalities and other government agencies involving anti-trust liability, claims of environment~,l damage, claims disputing the adequacy of environmental review processes, and special assessments. 4. :Complex litigation Kennedy & Graven possesses the capacity to provide litigation services to its municipal clients in unusual and complex matters. Examples include: Mall of America Project: Attorneys with the firm handled much of the litigation arising out of the Mall of' America project. The cases involved a variety of issues ranging from property acquisition to bond refinancing. Calhoun Beach Litigation: Jim Thomson represented the City of Minneapolis in a lawsuit arising out of the proposed construction of a highrise condominium project on Lake Calhoun. The lawsuit involved numerous parties and counterclaims. Mr. Thomson has also represented the City of Bloomington in a similar matter. City of Minpeapolis Warehouse District: Jim Thomson and Corrine Thomson represented the City of Minneapolis in several lawsuits pertaining to the Minneapolis Warehouse District. The lawsuits involved complex real estate matters pertaining to the Minnesota Marketable Title Act, access fights, and allegexl abandonment of rights-of -way. Cedar-Riverside Environmental Defcn~ Fund v. Hills: Kennedy & Graven represented the MHRA in this challenge by a neighborhood group to the adequacy of the Environmental Impact Statement (EIS) drafted by HUD to assess the implications of the proposed "new town in town" for the Cedar-Riverside area. This ease was substantial and complex, involvb~g a trial at the district court level and an appe',d to the Eighth Circuit Court of Appeals. Cedar-Riverside Associates v. United States of America:__ Kennedy & Graven represented the MHRA in this case involving numerous claims by a developer against federal and local agencies. The claims included breach of contract, mismanagement of governmental assistance programs, Section 1983 claims and anti-trust claims. This ca~ involved over 50 depositions, ~PLUH TEL: 558-2625 Oct 05,95 10:25 No,O01P.09 ¢~,L9~,o2.0 L£40~-4 numerous motions to thc dislrict court, appointment of a receiver, and several appeals to the Eighth CLrcuit Court of Appeals. Council of l,ar e Public Housin A cncics CLPHA v. H D: Kennedy & Graven acted as local counsel for MCDA in this lawsuit commenced by CLPHA and several local housing authorities against HUD in a challenge to HUD's attempt to recapture certain subsidies to the local housing authorities. Hurt Construction v. MHRA' Kennedy & Graven successfully defended this lawsuit brought~y a local contractor against MHRA on grounds that MHRA had arbiu'arily and discrirninatoHly awarded conu-acts and enforced contract specifications. The litigation experience of Kennedy & Graven, only a small portion of which is described above, has given the firm and its litigation department uniquely broad expcrience and expertise in virtually all re'cas of litigation in which a public entity could become involved. Tax Increment Financin and Munici al Financin l. _General Municipal Finance, As a nationally recognized bond counsel, Kennedy & Graven has acted as bond counsel throughout the United States and for over 200 public entities in Minnesota. The finn is a member of The National Association of Bond Lawyers and is listed in the National Association of Bond Lawyers and is listed in the Municipal Bond Attorneys of the United States section of "The Bond Buyer's Directory." Kennedy & Graven has a broad base of experience in connection with the issuance and sale of public debt, at the local, regional and state levels. We have acted as bond counsel, underwriter's counsel, company counsel and issuer's counsel in issues of general obligation bonds, tax increment revenue bonds, industrial development bonds and single family and mull[family housing bonds. The firm has served as bond counsel for over 1,000 municipal bond issues in the states of Minnesota, Wisconsin, North Dakota, South Dakota, Arizona, Georgia, Illinois and California. and is nationally recognized as an expert in all types of municipal financings. The types of bonds for which we have acted as bond counsel include cssential function bonds, indus,'iai development bonds, multifamily housing bonds, airport bonds, bonds for facilities for thc furnishing of sewage facilities, facilities for furnishing water, electric energy, gas or hcating and cooling, single family mortgage bonds, redcvelopmcnt bonds, and $01(c)(3) bonds. As bond counsel, wc have structured bond issues secured by a broad range of types of credit, including the full faith and credit of thc municipal issuer, tax revenues, tax increment revenues, thc credit of thc non-public borrower or WPLUM Oct 05,95 10:25 No.O01P.iO guarantor, direct and standby letters of credit, insurance policies, fc, dcral insurance programs and cormnon bond fund pools. The majority of the municipal financing with which we have been involved have utilized tax- exempt financing, but we have also participated in taxable municipal financings. _Econornic DeveloPment/Redevelopment Kennedy & Graven developed much of its housing and redevelopment law experience by acting as general counsel to thc Minneapolis Housing and Redevelopment Authority from April, 1973 to June, 1981. When that agency was reorganized in 1981, the Minneapolis city attorney undertook the general counsel responsibilities, and wc concentrated on condemnation, bond issues, and redevelopment contract negotiations. While general counsel, Kennedy & Graven rendered approximately $00 formal legal written opinions regarding all aspects of thc operation of a housing and redevelopment authority, all of which have been retained and cataloged; handled approximately 350 condemnation proceedings through commissioner hearings, district court trial and supreme court appeal; handled real estate lite matters, including quiet title and torrens proceedings; negotiated all development agreements, including tax increment, UDAG, EDA, SBA and CI)BG-funded projocts; initiated the locally-funded commercial and housing rehabilitation program, the urban homestead program, the single family and multifamily loan programs, as well as initial implementation of the CDBG, UDAG, Section 23 and Section 8 programs; and handled f~eral and state lobbying activities. The firm's expertise in housing and redevelopment matters has resulted in our current role as general counsel to the Housing and Redevelopment Authorities listed earlier in this proposal. We also represent the Minnesota Chapter of The National Association of Housing and Redevelopment Officials. Wc also serve as attorneys to the Economic Development Authorities of Crystal, Brainerd, Lake City, Brooklyn Center and RobbinMale. Our work as bond counsel brings us into continuous contact with EDAs throughout the state. Lg405-4 In many cases Kennedy & Graven is retained to provide specialized housing, economic development or redevelopment services to cities. Wc act in this capacity for over 50 cities in Minnesota. While these services are varied, they typically involve the structuring and negotiating of specific transactions. Kennedy & Graven has negotiated literally hundreds of development contracts on behalf of public cliencx. We drafted the early tan in~ement agreement.~, the form of which is in common use today. We drafted the 7 WPLUM TEL: $38-2625 Oct 05,95 10:25 No,O01 P.11 CLL~.~020 L~40S-4 first UDAG contract in connection with the Minneapolis Pillsbury research and development facility and that form is still in use nationally by HUD. Attorneys at Kenn~y & Graven negotiated and drafted development contracts for the following representative projects: The Carlson Center Project The Mall of America Project Northwest Airbus Pacility Thc Bass Lake Road Becker Park Project - Minnetonka, Plymouth Bloomington - Duluth. Hibbing Crystal The Hopkins Downtown Redevelopment Project Waterford Plaza The City of Virginia Redevelopment Project - Hopkins Plymouth - Virginia Pillsbury Research and Development Facility Central Avenue Developments Industry Square Development Corporation (Mclxodome) Minneapolis - Columbia Heights Minneapolis Norwest Center - St. Cloud Boisclair East Bank (River Place) - Minneapolis First Bank of Robbinsdale - Robbinsdale Downtown Mall - Grand Rapids ~PLUM TEL: $$8-2625 Oct 05,95 10:25 No.O01P.12 Block 40 (Galticr Place - Lowertown) - St. Paul Watlow Facility - Winona Lake & Hennepin Project - Minneapolis Edinborough - Edina Hyridge Condominiums - Minnetonka Franklin Avenue Redevelopment Project - Minneapolis Lee School - Robbinsdale Coke-Marquette Development - Minneapolis FMC Research Facility - Minneapolis St. Thomas University Minneapolis Campus - Minneapolis . h. Joint Powers The firm has extensive experience in the laws affecting joint, powers organizations. We have prepared numerous joint powers contracts for groups of municipalities for various purposes. We currently serve as general counsel to several joint powers entities, such as the Hennepin Recycling Group and the Local Government lnfom~ation Service, i. Le~islativ_¢ Kennedy & Graven has for many years been active in legislative matters on behalf of our clients. We have drafted and lobbied many amendments to Chapter 462, the Industrial Development Revenue Bond Act, the Municipal Housing Fin, artec Act, tax increment laws, and various other statutes on behalf of the National Association of Housing and Redevelopment Officials as well as individual clients. cLLgF020 The fiml has also been involved in federal legislation. Through the offices of Representatives Frcnzel and Sabo and Senator Durenberger, we have drafted and consulted with respect to much housing and development legislation, including the 1980 UIIman legislation, the housing provision of the Tax F. zluity and Fiscal Responsibility Act of 1982 and the Tax Reform Act of 1984. WPLUM TEL: $$8-2625 Oc~ 05,95 10:25 No.O01P.I$ Dave Kennedy served as the legislative reprc~ntative for thc League of Minnesota Cities from 1960 to 1967 and was a member of thc Senate Counsel staff from 1969 to 1971. The firm has also represented the League of Minnesota Cities with respect to certain tax exempt financing provisions of the Tax Reform Act of 1986. Attorneys with the firm have been active in thc review and modification of proposed legislation to modify the land use provisions of Minnesota Statutes, Chapter 462. j..Real Estate Much of thc firm's activities involve in one manner or another issues pertaining to land and its ownership. In addition to our condemnation and general real estate litigation activities, we handle countless real estate txansactions for the clients of the firm. In that connection we have gained extensive experience in issues affecting title and have handled many proceedings necessary to establish and to clear title to land. Larry Wcrtheim is an adjunct professor of real estate at William Mitchell College of Law. Mr. Werthcim and Mr. Lindail have been certified by the Minnesota Bar Association as Real Property Law Specialists. Kennedy & Graven has extensive experience in rcpre~nting and advising various housing and redevelopment authorities throughout thc stat~ in connection with their operation of public housing and other federallyassisted housing programs. Among the public housing authorities to which Kennedy & Graven has provided such services are the Minneapolis Community Development Agency and its predecessor, thc Minneapolis Housing and Redevelopment Authority. In thc course of providing such representation the firm has had the opportunity to research such areas as sufficiency of admission pr~:edurcs and criteria for public housing tenants, including handicapped and disabled persons, "good cause" requirements for evictions of public housing tenants, and duc process hearing requirements for denial of adnzissions to public housing and evictions from public housing. Thc firm's involvement has not been limited to the federal public housing program, but has included thc giving of advice to, and representation of, public housing agencies concerning the development and operation of the federal Section 8 existing housing program. In addition to giving general legal advice and assistance concerning the public housing and Section 8 housing programs, the firm has aIso represented numerous public housing agencies in litigation arising out of their operation of public housing and Section 8 housing programs. CLL95020 WPLUH TEL: $$8-2625 Oct 05,95 10:25 No.O01P,14 ! 1. Ordinance Codification. We have codified the city codes for the Cities of Crystal, Inver Grove Heights, Wes! St. Paul, Braincrd, Prior Lake, Richfield, Hopkins, Independence, Richmond, LMCD, Robbinsdale, South St. Paul, and Melro~. m. Public Contractin~g The attorneys in our firm regularly advise our municipal clients on public contracting matters, including reviewing contract documents and answering bidding questions. In most cases, we are able to avoid litigation by providing preventive advice. Our f'u'm has a very high success rate in defending the few cases where contracts have been challenged. We have participated in appellate cases that have established contracting principles favorable to Minnesota cities. n. Charter Commissions We presently serve as attorneys to the Charter Commissions in Albe~l Lea, Crystal, Brooklyn Center, St. Cloud, Moorhead, and Ling Lakes. 3. Number of Parale.~als/Soecialties Our firm has four individuals who axe classified as paralegals. One of the paralegals is primarily involved in litigation activities and one each is involved primarily in real estate, municipal, and public finance. 4. Suooort Personnel Our firm's support staff totals 14 persons, 11 of whom are involved in either administrative, accounting or secretarial work. We also have three law clerks. 5. Office. Organiz'_ation and Supvort Capabilities Kennedy & Graven is a professional corporation. The firm is run by an Executive Committee, which consists of five members from thc fu'm's board of dixectors. The director of administration is responsible for the implementation of the directives from the executive committee and board of directors and for overseeing the personnel issues relating to the professional and nonprofessional staff. Secretaries are assigned to designated attorneys. Law clerks and paralegals are available to all attorneys on an as-needed basis. 6. Office Locatiqn The address of thc finn is: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 WPLUM TEL: $$8-2625 Oct 05,95 10:25 No.O01P.15 Co ¢I, L9~020 L~:405-,f The firm also has an office at: 700 Commerce Building 8 East Fourth Street St. Paul, MN 55101 The firm's telephone number for the switchboard is (612) 337-9300. In addition, each attorney has a direct dial number. Our fax number is 337-9310. In the event that line is busy, the call will automatically roll over to our second fax machine. ATFORNEY QUALIFICATIONS Kennedy & Graven has seven attorneys who serve as city attorneys and whose work is almost exclusively limited to representing public entities. Collectively, these seven attorneys have over I00 years of experience in municipal law. In the rare event that the city attorney or assistant city attorney is unavailable and cannot be reached promptly, emergencies can be handled by any of the other municipal attorneys. Because our firm practices so extensively in the areas of municipal law, we have a large number of attorneys who axe able to provide supplemental assistance, as needed. Resumes of the attorneys of the firm currently acting as designated city attorney are attached. FIRM QUALIFICATIONS; MUNICIPAL CLIENT REFERENCES The firm has represented hundreds of Minnesota cities from 1992 to the present in various capacities, including general counsel, special counsel and bond counsel. The following is a list of references from all cities for which we have served as general counsel during the relevant time period, plus a representative list. of governmenta! agencies for whom we regularly act as special counsel. The city is welcome to contact any of these references. Ann E. Theis, Mayor City of Medina 2052 County Road 24 Medina, MN 55340 (612) 473-4643 Matt Fulton, City Manager City of New Brighton 803 Fifth Avenue N.W. New Brighton, MN 55112 (612) 633-1533 Floyd Olson, Chief Deputy City Atty City of Minneapolis A- 170(') Government Center Minneapolis, MN 55487 (612) 673-2021 Tim Cruikshank, City Manager City of Lauderdale 1891 Walnut Street St Paul, MN 55113-5196 (612) 631-0300 Nick Dragisich, City Administrator City of Virginia 327 South First Street Vixginia, MN 55792 (218) 741-3890 Jerry Dulgar, City Manager City of Crystal 4141 Douglas Drive North Crystal, MN 55422 (612) 537-8421 12 TEL: No .001 P.16 Francis Hagen, City Manager City of Robbin~ale 4221 Lake Road Robbinsdale, MN 55422 (612) 537-4534 Robert Droncn, Deputy Minneapolis Community Development Agency 200 Crown Roller Mill 105 Fifth Avenue South Minneapolis, MN 55401 (612) 673-5125 Gregory Konat, City Manager City of Burnsville 100 Civic Center Parkway Burnsvilie, MN 55337 (612) 895-440(.) Marvin Johnson, Mayor Mary L. Leintz, Clerk Treasurer City of Independence 1920 County Road .90 Maple Plain, MN 55359 (612) 479.0527 James Miller, Former City Manager City of Minnetonka League of Minnesota Cities 3490 Lexington Avenue No. St. Paul, MN 55126 (612) 490-5600 Lyle Olson, Dir., Staff Services City of Bloomington 2215 West Old Shakopee Road Bloomington, MN 54331 (612) 881-5811 Ryan $chroeder, City Administrator City of Ramsey 15153 Nowthen Boulevard N.W. Ramsey, MN 55303 (612) 427-1410 Douglas $chulze, City Administrator City of Sandstone 119 North Fourth Street Sandstone, MN 55072 (612) 245-5502 Judy Thunberg, Clerk City of Loretto 259 North Medina Street Loretto, MN 55357 (612) 479-4305 David Childs, City Manager City of Minnctonka 14600 Minnetonka Blvd. Minnetonka, MN 55345 (612) 939-8200 Thomas Burt City Administrator City of Rosemount P.O. Box 510 Rosemount, MN 55068 (612) 322-2006 WPLUM TEL: $$8-2625 Oc~ 05,95 10:25 No,O0! P.i? RESUMES NPLUM TEL: 338-2625 0c~ 05,95 10:25 No.O01P.18 JAMES J. THOMSON ,BACKGROUND AND EDUCATION I.D., magna cunt laude, University of San Diego, 1976 B.A., University of Notre Dame, 1969 Listed in Minnesota Guidebook lo Law and Leading AtlomcYs Capt., USMC, 1969-1973 .PROFESSIONAL EXPERIENCg November. t989 I.o present: Director, Keimedy & Graven, Charlered; City Attorney for the City of Plymouth 1986-92 and City of Mounds View, 1992-pre.,~ent; emphasis in municipal law, land use and civil litigation. August, 1982 to November, 1989: Director, LeFcvere, Lefler. Kennedy, O'Brien & Drawz; emplmsis in mmxicipal law, Im~d use and civil litigation. January, 1979 - Augusl 1982; Deputy City Attorney, San Diego City Attorney's Office, Civil Litigation Division; emphasis in real pn:)peny, eminent domain, construction, envirotunental and land use litigation. December, 1976 - January. 1979: Deputy City Altomey. San Diego City Attorney's Office, Criminal Division; duties consisted of prcparing appellate cases and training trial deputies; pnasecuting ataorncy in over 3:5 jury trials. P_ROFESS1ONAI. MEMBERSHIPS American Bar Association Minnesota and Califi)mia Bar Associations Hcnnepin Counly Bar Associati~m Minnesota City Attorney's Association (Past President) National Institute of Municipal Law Officers .PUBI.ICATIONfl Landlord Tort Liability in California; Are the Restrictive Common Law Doctrines on Their Way Out? 12 San Diego Law Review 401 (1974) Report of The Municipal Labor Relations Committee, 40A Municipa! Law Review 13 (1977) 1993 Annual Rcporl of thc Land Development, Pin, ming and Zoning Section of the National h~.stitutc of Municipal Law Officers, "Updale on Regulation of Adult Entertainment Businesses" UPLUH TEL: $$8-2625 Oct 05,95 10:25 No.O01P.19 1984 Update for City Atton~cys. "Comjx:lilive Bidding" Minnesota lnslitul¢ of Legal Education. Statule of Limila6om, "Municipal, Stale, and Federal Notice Requirements and Statutes of Limitalions on Claims Against the Government" (1987 and 1990) American Planning As.~)ciation, Land U~ Seminar, "Dedication of I. mid for Public Purposes" (1987) 1988 Update for City Attomcys. "Zoning Issues" Minnesota Ccmtinuing Legal Educa~.ion, "Land Use and Real Estate Development, Proving Dmnagcs in Inverse CondcmnatJon Cases" (1988) Municipal Law Forum, "Thc Furore of Regulatory Takings" (1988) Henncpin Cotmty Bar Association, "Thc Takings' Qucslion" (1988) 1989 Fc. deral Court Practice Seminar, "Govenmiental Liability for Regulalory Takings" Minnesota Continuing Legal Education. ~How to Represent Clients in Inverse Condemnation" (1990) 1991 Ulxla[c for City Attorneys. "Rcgulat/on of Adult Uses" National Institute of Municipal Law Officers. "Land Use Issucs: Regulation of Churchcs" (1992) Minnesota State Bar Association, "Land U~ and thc First Amcndmcm" (1993) 1993 Ul'xlatc for City Atlomcys, "Regulatory Takings After Locas and Hcrmcpin County Bar As~cialion, Local Oovcmmcnt Commitlee. "Regulatory Takings ARer ,Luc~ and ~" (1993) Minnesota State Bar Association, Public Law Section, "Regulation of Aduil Uses" (1994) 1994 Updalc for City Attlomcys, "Open Meeting Law: Recent Developments" League of Minnesota Cities Ammal Meeting. "Open Meeting Law" {1994) Hcnnepin County Bat Association, Real Properly Section, "Regulatory Takings Law After Dolan" (1994) Hcrmepin County Bar Associatic~, Environmental Law Section, "Regulating Takings Law After Minnesota Institute of Legal Education, Environmental Law Institute, "Rcgulatory Takings" (1995) 1995 UlxJatc of City Attorneys. "Regulatory Takings' UPLUH TEL: 338-2625 Oct 05,95 10:25 No,O0! P.20 DAVID J. KENNEDY EDUCATION LL.B., University of Minnesota, 1960 B.A., University of Notre D~,me, 1953 AFFILIATION 1961 admitted to the Minnesota Bar MEMBER$1tlP$ Hennepin County Bar Association Minnesota State Bar Association National Association of Bond Lawyers Cmdr., USNR - Retired SPECIAI,IZATION Municipal Finance, Legislation, Local Government Repre~ntation RELATED EXPERIENCE City Attorney City of Crystal, 1973-present City of Sandstone, 1993-present Municipal bond approving counsel, 1973-present Board of Directors and Trustee, Community Reinvestment Fund, 1988-present Kennedy & Graven, Chartered, 1989-present LeFevere, Lefler, Kennedy, O'Bfien & Drawz, P.A., 1972-1989 Assistant Senate Counsel, Minnesota State Senate, 1969-1972 Director, Office of Local and Urban Affairs, Minnesota State Planning Agency, 1967- 1969 Staff Auorncy, League of Minnesota Municipalities, 1960-1967 Rescarch Assistant, League of Minnesota Municipalities, 1957-1960 PUBLICATIONS Author of articles on local government and finance for various governmental publications. WPLUH TEL: $$8-2625 Oct 05,95 10:25 No.O01P,21 105 Florida Court Golden Valley. MN 55426 (612) 922-0496 RONALD H. BATTY Office Address 470 Pillsbury Center Minneapolis, MN 55402 (612) aa7-gaoo Master of Urban Planning Hunter College City University of New York New York, New York May, 1975 EDUCATION luffs Doctor Georgetown University Law Center Washington, D.C. May, 1979 Bachelor of Arts Loyola University New Orleans, Louisiana January, 1973 Major: Political Science Minor: Economics Attorney February 1984 to Present ~0o~ WORK EXPERIENCE Kennedy & Graven, Chartered Minncapolis, Minnesota (since April, 1989) LeFevere, Lefler, Kennedy, O'Brien & Drawz, P.A. (February 1984 through April, 1989) Municipal Experience: - Serve as city attorney for cities of Medina and Lauderdale and assistant city attorney for Richfield, Brooklyn Center and Robbinsdale. - Conduct research and write legal opinions on a variety of municipal matters. - Communicate with public officials, citizens and legal counsel regarding city affairs. Appear at city council and other public meetings. Development and Public Finance Experience: - Serve as attorney for the Robbinsdale Economic DeveIopment Authority and Lino Lakes Econon'fic Development Authority. - Extensive practice in areas of public development and redevelopment law with emphasis on tax increment financing. - Draft and negotiate development agreements for cities within metropolitan area and greater Minnesota. - Serve as bond counsel on numerous municipal issues. WPLUM TEL: ~8-2625 Oct 05,95 10:25 No.O01 P,22 Zoning Administrator February 1980- February ]984 City of Minnctonka Minnetonka, Minnesota Administered and interpreted zoning ordinance, subdivision regulations and sign controls for city Participated in preparation of land use litigation matters and drafting of municipal ordinances Designed and implemented complete package of administrative procedures for newly created position of Zoning Administrator Drafted and presented reports to city council, planning commission and board of zoning adjustment Realty Specialist. September 1976- December 1979 U.S. Dept. of HUD Interstate Land Sales Office Washington, D.C. Reviewed and interpreted title evidence, covenants, plats, financial statements and litigation documents to ensure compliance with Interstate Land Sales Full Disclosure Act. Testified at administrative hearings and assisted in preparation of evidence for hearings. Conducted extensive staff training for 15 HUD professionals regarding title evidence and land use provisions of Department regulations. Edited annotation of administrative and federal cases involving Interstate Land Sales Full Disclosure Act for Department usc. ACADEMIC ACCOMPI.ISIIMENTS Weintraub Fellowship for Social Sciences at Hunter College City University of New York Magna Cum Laudc, Loyola University President, Student ComJnittec on Academic Excellence for College of Arts and Sciences, Loyola University University Fellow, Loyola University BAR ADMISSION Minnesota, 1980 PROFESSIONAL MEMBERSHIPS American Bar Association Minnesota State Bar Association Hennepin County Bar Association WPLUH TEL: $$8-2625 Oc~ 05,95 10:25 No.O0! P.25 CHARLES L. LEFEVERE PERSONAL DATA: -Born December 21, 1946, Minncapolis, Minnesota -Married to Kathryn Fevold -Two Children -Graduate of Richfield, Minnesota, High School -B.A. in English (1968) St. Olaf College, NorthfieId, Minnesota -Exchange student sophomore year to Tuskegee Institute, Tuskegee, Alabama. Teacher for Tuskegce Institute Community Education Program in Lowndes County, Alabama. -Attended Officer Candidate School in Newport, Rhode Island (1968) and served aboard heavy cruiser with deployment to Europe, Africa, Caribbean Islands, South America and Norfolk, Virginia. Rank, Lieulenant. -J.D., cum laude, (1975) University of Minnesota PROFESSIONAL EXPERIENCE: .Municipa~l City attorney for New Brighton; city attorney for Brooklyn Center; attorney for the Lake Minnctonka Conservation District; assistant city attorney for the cities of Richfield, CrystM, and Me.dina; special counsel to cities including Minnetonka, Burnsville, Inver Grove Heights and Ramsey; and approving bond counsel to a large number of other cities, school districts and counties throughout the state. Administrative Regulation of public utilities; practice before thc North Dakota Public Service Commission and Minnesota Environmental Quality Board, includh~g work on power plant siting, environmental impact statements and testifying before Minnesota House and Senate committees. Advising political subdivisions and utilities on legal matters at regular meetings and hearings, appearances before state and local administrative agencies, trial and appellatc practice. PROFESSIONAl. LECrURES AND SEMINARS: -City Engineers Association of Minnesota, January 21, 1988 Recent Changes in the Law of Special Assessments -Minnesota Institute of Legal Education, March 15, 1985 Special Assessments -Minnesota Association of City Attorneys, January 21-22, 1983 Municipal Regulation Of Landfills and Other Sources of Pollution or Contamination -Hennepin County Bar Association, Local Government Committee, September 9, 1982, Storm Water Management, Financing Alternatives ~"LL28844 P.2Zl -Minnesota Association of City Attorneys, Annual Meeting. June 18, 1982, Spec'iai Assessmenls, Impact of Recent District Court Decision -Hennepin County Bar Association Eminem Domain Committee April 14, 1982, The Pitfalls of Special Assessment Appeals Minnesota State Bar Association -Continuing Legal Education, November 20, 1980 Land Use Issues - 1980 Seminar Special As.~essments PROFESSIONAL ORGANIZATIONS: -Admitted to practice before the Minnesota Supreme Court. and other Courts of the State, Federal District Court for Minnesota and Eighth Circuit Court of Appeals. -American Bar Association -- Local Government Law Committee-Minnesota State Bar Association-Hennepin County Bar Association -- Local Government Law Committee-Nationally recognized Approving Municipal Bond Attorney listed in Directory of Municipal Bond Dealers of the United States COMMUNITY ACTIVITIES AND SPECIAL INTERESTS: -Rotary International, Brooklyn C~nter, Board of Directors -Chairman, Minnetonka Board of Zoning Adjustment, 1979-1984 -Hunting, swimming, skiing, running, hockey -Managing or coaching various youth baseball and softball teams -Former President, Wayzata Youth Hockey Association -Mediation Center, Board of Directors EMPI,OYMENT DATA: -April, 1989 to present: Director, Kennedy & Graven, Chartered -September, 1975 to April, 1989: Dix~ctor and Shareholder, LeFcvere, Leflcr, Kennedy, O'Bricn & Drawz -July, 1973 to September, 1975: Law Clerk, LeFcvere, Leflcr, Kennedy, O'Brien & Drawz -October, 1968 to March, 1972: Line Officer, United States Navy -May, 1968 to October, 1968: Construction Inspector, City of Bumsville ~LL~44 ~4o5-~ 21 UPLUH TEL: 358-2625 Oct 05,95 10:25 No.O0! P.25 EDUCATION: AFFILIATION: MEMBERSHIPS: ROBERT C. LONG J.D., cum laurie, University of Minnesota B.A., summa cum laurie, Macalester College, Phi Beta Kappa 1985 admitted to the Minnesota Bar Twin Cities Family Housing Fund Board Ramscy County Bar Association . Minnesota State Bar Association SPECIALIZATION: Municipal Finance, Public Law, Local Government Representation, Economic Development and Housing RELATED City of St. Paul, Councilmember, 1988-1993 EXPERIENCE: . Chair, Finance and Intergovernmental Relations Committee · Commissioner, St. Paul Port Authority · Comanissioncr, SL Paul Housing and Redevelopment Authority · Corrunissioner, St. Paul Civic Center Authority · Board Member, Twin Cities Family Housing Fund Special Assistant Attorney General, State of Minnesota (consumer protection pro~cufion}, 1985-1988 Executive Director, Minnesota Justice Foundation, 1985 Law Clerk, Hennepin County Attorney's Office (civil and criminal divisions), 1983-1985 $1aff Aide to former St.. Paul Mayor George Latimer, 1981-1982 ACTIVITIES: Association of Metropolitan Municipalities (AMM), President Minnesota League of Cities, Vice President Ramsey County League of Local Governments, Vice President Energy and Environmental Resource Center Board, Chairperson, 1992-1993 Minnesota Justice Foundation Board, Chairperson, 1984.1985 PUBLICATIONS: LegMative Development¥ itt Minnesota Consumer Law (Faculty, Minnesota Institute of Legal Education's 1987 Consumer Law Program) ¢Lb28844 mPLUH TEL: 558-2625 Oct 05,95 10:25 No,O01 P,26 STEPHEN J. BUBUL EDUCATION: ,I.D., cum laude, University of Wisconsin, 1986 M.S., cum laude, University of Wisconsin, 1978 B.A., University of Wisconsin, 1975 Phi Beta Kappa AFFILIATION: ' 1987 admitted to the Wisconsin Bar 1988 admitted to the Minnesota Bar MEMBERSHIPS: State Bar Association of Wisconsin Hennepin County Bar Association Minnesota State Bar Associations SPECIALIZATION: Local Government Repremntation, Municipal Finance RELATED EXPERIENCE: Law Clerk, Justice Peter S. Popovich, Supreme Court Minnesota L£405.1 ~PLUM TEL: $~8-2625 Oct 05.95 10:25 No.O01P.27 JOHN B. DEAN PERSONAL DATA: Bom April 14, 1944, New Britain, Connecticut Married to Joanne Domovich of Western Springs, Illinois One Child Graduate of Shawnee Mission High School, Shawnee Mission, Kansas B.A. (1966) University of Kansas, Lawrence., Kansas J.D. (1969) University of Minnesota PROFESSIONAL EXPERIENCE: ~ Extensive practice including drafting of ordinances, zoning and land u~ planning, special assessments, real estat.c and condemnation. Trial work, civil and criminal, with civil trial work including representing municipal clients in zoning and licensing matters in state and federal court, including the Eighth Circuit Court of Appeals. Advising municipal clients on legal matters and attendance at r ' of municipalities' staff and o.,.,,...;..- u...~: .... egul. ar and speoal m~tings ~ ....... ,,~ ~.,u~cs. ~..egai representation and redevelopment authorities including negotiating and drafting legal documents, including development agreements. Legal representation has included Hopkins School District, Lake Minnetonka Conservation District, Brooklyn Park, Brooklyn Center, Crystal, Laudcrdalc, Richfield and Richfield Housing and Redevelopment authority and special litigation of special projects for clients not represented on a full time basis such as East Bethel, Ramscy, Albert Lea, Bloomington, Chanhassen and Minneapolis. .Othe_r Legislative lobbying and coordinator of legislative programs for organizations primarily in the law enforcement field. PROFESSIONAL ORGANIZATIONS: Admitted to practice before thc Minnesota Supreme Court and other Courts of thc State, and Federal District Court of Minnesota and Eighth Circuit Court of Appeals Registered lobbyist, State of Minnesota Minnesota State Bar Association Hennepin County Bar Association - Local Government Law and Eminent Domain American Bar Association EMPLOYMENT DATA: April, I989 - present: Holmes & Graven, Chartered, specializing in gencraI legal practice in the areas of local government law, re, development law and legislative lobbying. Jl~D4144g D£~IO.~- S WPLUM TEL: $$8-2625 Oct 05,95 10:25 No.O01 P.28 February, 1971 to April, 1989: LeFevcre, [,crier, Kennedy, O'Brien & E)rawz, with spccializati0n in trial and general legal practice in areas of local government and rcdcvclopmcn! law; and legislative 10bbyiIlg. June, 1969 to January, 1971: Assist.an! Statc Public i)cfcnder and Assistant Henncpin County Public Defender, specializing in cri~r6nal ~al law. WPLUH TEL: $$8-2625 Oct 05,95 10:25 No,O01 P,29 _EDUCATION CORRINE HEINE THOMSON University of Minnesota Law School, Minneapolis, Minnesota Juris Doctor laud_._~e., 1983 Wartburg College. Wavcrly, Iowa Bachelor of Arts summa cum laude, 1979 PROFESSIONAL EXPERIENCE _Kennedy & Graven, Chartered (November 1989 to present) Attorney and member of the board of directors; practicing in the areas of municipal law, eminent domain, municipal litigation, and appellate practicc. _LePevere, Later, Kennedy, O'Brlen & Drawz~ a Professional Association (August 1985 tO November 1989) Attorney and member of the board of directors; practicing in the areas of municipal law, eminent domain, municipal litigation, appellate practice, employment law and criminal prosecution. Tenth Judicial District Courts, Anoka, Minnesota (February I984 to August 1985) Judicial law clerk to the Hon. Edward A. Bearse and the Hon. Stanley N. Thorup LECTURER "Regulation of Waste Collection", 1989 City Attorneys Update "Update on Data Practices", 1994 City Attorneys Update PROFESSIONAl. MEMBERSHIPS Minnesota State Bar Association: Member (1983-present); active member of Public Law Section Newsletter and Data Practices Comn'fittees (1993-present) Henncpin County Bar Association: Member (1983-present); Co-chair, Local Government Committee (1993-94) Minnesota Women Lawyers: Member (1986-present); President (1994-1995); Member, Board of Directors (1990-present); Co-chair, Member and Community Relations Committee (1988-90) Minnesota City Attorneys' Association: Member (1987-presen0; Board of Trustees member (1994-present) American Bar Association: Member (1985-present) National Institute of Municipal Law Officers; State Chairperson (1992-presen0 10/05/95 12:01 F..EX 612 334 8888 POPK.~ ~IK ~001/007 F:'OPHAM HAl K SC14NoBRiCH ~ iC~UFMAN, LTl;). T~L 'TEL TEL ~ ~oL,rTH NIMTH TEl- 61 PAx 612.-334-88~8 IN?£RN&YIONLI- ~*FFI''~ f: Tr~ 0114~-a41-dOl B42~ 6TU'~'G&iaY, GF. RHANY Bf. IJI N~, CI,A! N& TO: Edward Shulde, Jr. - Mound City Manager FAX NUMBER: 472-0620 ~,72-0600 PHONE NUMBER: FROM: Karen Cole PHONE NUMBER: 334-2501 eAUTHORIZATION NUMBER: 1538 FILE NUMBER: 3743-001 DATE: October 5, 1995 NUMBER OF PAGES WITH COVER SHEET: 7 COMMENTS: Here is the latest draft of the water connection contract for your review which the City of Minnetrista asked me to forward to you. I have also sent a copy of this to your city auomey, Curt Pearson. IF PROBLEMS, CALL Karen Cole AT: 334-2501 The information contained in this facsimile message is attomey privileged and confidential information intended for the use of the individual, or entity name above. If the reader of this message is not the inten~d recipient or the employee or agent responsible to deliver it to 'the recipient, you are 'hereby notified that any dissemination, distribution or copying of this communication is sffictly prohibited. If yon have received this fax in error, please immediately notify us by telephone, and return the original mess~e to us at the above address via the U.S. Postal Service. 531111S085182 10/5195 10/05/95 12:01 ¥.~X 612 334 8888 OCT O5 '~ OB:55 CITY OF M[r~qETRISTR POPK~Oi KalK 002/007 JOINT POWERS AGREEM]gNI' SlETW EN TFLK CITY OF MOUND crr mNNSTm r roa m CO N -crro TSXm S ST£MS The City of Mound, Minnesota ("Mouncl"), and the Ci~ of Minnetrisra, Minnesota ("Minnetrista"), under authority of Minn~ota Statutes, Section 4/1.59, hereby conclude the following joint and cooperative agreement for r. he intcrconnection of their municipal water s~stems. 1. ~. The purpose of uhis.agr, ccmcnt is to provide an interconncction ("the Project") of the municipal water systems of Mound and Minnetrista at Three Points Boulevard in Mound, so that r, hese Cities and their water utility users will have greater assuranc~ of continuing water s~rvic¢ in times of emergency. 2. Intcrconn~tio_nb. Mound and lVILm~s~a agree to interconnect their municipal watcr systems at Thre~ Points Boulevard as soon as Minnetrista executes the comu'u~ion contract with the low bidder and subject to Mound City Engineer review. 3. Construction. Minnctrista shall cause the interconnection to bt constructed and shall engage and compensate the Consulting F. ng/neer, Boncstroo, Roscne, Anderlik & Associates. Minnetrisra shall award all contract, and shall bc responsible for all expenses in engaging and comtmnsating the low bidder; and in general shall take such act/ohs and incur such expenses ~s are reasonable and necessary to complete thc intcrconnccrion. 4. Proie.!:t Costs and Permits Minnctrista shall bc rcsponsi'ble for 100% of the rnral Project costs and for acquiring any and all permits from applicable sram agencies. 5. Water Us~e. The interconnection shall have a valve on both sides of the connection and shall be used only/n emergencies. In such ,vent, each City's valve shall be opened by its own employees. In the case of an emergency arising from fire or natural disaster, the valves may bc opened by an or~r of the Cities' Police Chicfs or the City of Mound's Fire Chief. In case of an cmcrg~cy duc to loss of water pressure, th~ use of. the interconnect/on may be authorized by the joint approval o£ the City Adminhtrator of Minnetr/sta and the City Manager of Mound or by the joint approval of the head of thc Cities' Public Works Departments. 10/05/95 12:02 FAX 612 334 8888 POPHA// ~IK ~003/007 OCT /5 '55 08:55 CITY OF MIHhETRISTR P.3 gage 2 $oint Power Agreement Minnetrista and Mound Water If the water is needed for more than 24 continuous hours, it c~n be supplied only upon the request of one City Council and ~he approval of the other City Council. City Council meetings will be held pursuant to Minnesota Statutes 471.705 Subd lb (c) 6. Charges_for Water U. sagc. TM volume of any water ~ shall be calculated according to the length of ~n¢ the valves are open and the water pressure flow. Charges for each volume unit of water used will b~ based upon the average of the water rat~s charged by the mo Cities. 7. Maintenance. Each Ci~ will maintain the pipes, equipment and sysmm within its own City limits and additionally Minnetrisra will perpetually maintain the n~wly constructed pipe and connection that lies between Minnetr/sta and Mound. 8. Indemnifiq. ation. Each City agrees to indemnity the oth~, irs officers and employees and to save and keep th~m hm, mless ~rom all losses and expense incurred aa a result of any claim, demand, action or cause of action, including any claims ba.~d on breach of warranty, negligence or product liability, arising out of that City's conswucton, operation, ma/ntenance or ownership of the wamr systems interconnection, unless such injury or damage is thc result of thc negligence of its individual City or its elecmcl officials, employees, officers, or agents. 9. Terminatio,.n of Agreement. This agreement may be . t~rminated by either City of thc City Council of the City desiring termination giving three years (36 months) written notice to the City Council of the other City. 10. In the event of disassembly of the system for any reason, Minnetrista will be respons~le for the disassembly and removal of the pipes, valves, meters and other equipment installed in Mound as a part of this project. 10/05/95 12:02 F.~ 612 334 BBBB OCT 05 'g5 ~t8:5B CITY OF MINN£TR~STFt POPK~ K~IK ~ 004/007 P.4 Parc 3 $oint Power Agreement Mound and Minn¢lxista IN WITNESS AND EXBCUTION of this Agreement, and pursuant to aul:horizarion of their respective City Councils, the Cities of Minnctr/,~ and Mound havc .cntcrcd into this Agrgem~nt and have ~xcd their corporate seals h.~rcto. CITY OF MINNETRISTA CITY OF MOUND Mayor ' - Mayor City Administrator City Manager 10/05/95 12:03 F.~. 612 334 8588 POPH.~f tL~IK ~005/007 OCT 85 '95 OB:.~ CITY OF MIN~TRISTA P.5 JOlieT POWERS AGREKMENT BE~5'EEN THE CITY OF MOUND AND THE CITY OF MI~NETRISTA FOR TIlE INTERCONNECTION OF THEIR WATER SYSTEMS The City of Mound, Minnesota ("Mound"), and thc City of Minnecrista, Minnesota ("Minn¢crisCa"), under authority of Minnesota Statutes, Section 471.59, hereby conclu& thc following joint and cooperative agreement for the interconnoction of their municipal water system~. 1. Purpose. The purpose of thi~ agreement is to provid~ an /nterconnec'tion ("the Project') of thc municipal water systems of Mound and Mirmctrista at Three Points Boulevard in Mourner, so that these C~l:ics and thc/r water utility users will have greater assurance of contimhng water service in zimes of emergency. 2. Intcrconn¢crions. Mound and ~.'l'inncl:~s~a a~'ce tO interconnect their.municipal water systems at Three Points 15ou.lcvard as soon as Minnetrista executes thc construction contract with th~ low bidder and subject to Mound City Engineer review. 3. Canstructiog.. M. innetrista shall cause the intcrconnection to be constructed and shall engage and compensate the Consulting Engineer, Bones~'oo, Resent, Anderlik & Associates. Minnctrista shall award all contract, and shall be responsible for all expenses in enga~ini and compcnsatin$ thc low bidder; and in general shall take such actions and incur such expenses as are reasonable and necessary to complete the interconnecrion. 4. Proicct Costs and.P, erm/~$, Minne~sta shall bc responsible for 100% of the to~ Project costs ~nd for acquiring any and all permits ~om applicable state agencies. 5. Wa~t~,r Usage. Thc intcrcovn_o-ction shall have a valve on both sides of the connection and ~hall be used only in emergencies. In such ~vont, each City's valve shall bo opened by its own employees. In t. he case of an ~mcrg~cy arising from fire or natural disaster, thc valves may be opened by an order of the' Cities' ?olic~ Chi¢/s or the City of Mound's Fire Ch/cf. In case of an emergency due to loss of wamr pressure, thc usc of the interconn¢ction may be authorized by thc joint approval of the City Administrator of Minnetrista and the City Manager of Mound or by the joint approval of thc head of the Cities' Public Works Deparuncnts. 10/05/95 12:03 FAX 612 334 8888 OCT 05 '95 ~:SG CITY OF M~NNETRIST~ POPK~3f K~IK ~006/007 Page 2 $oint Power Agreement Mirm¢~sta and Mound Water If tbe water is needed for more than 2~ continuous hours, it can be suppli¢cl only upon the request of one City Council and the approval of tho other City Council. City Council meetings ,,viii be held pursuant to lviinncsota Statu ,t~ 471.705 Subd 1_126 6. _Char~es .for Water Usaee~ The volumc of any water used shall be calculatcd-according tn the length of time the valves are open and the water pressure flow. Charges for each volume unit of water used will be based upon the average of the water rates charged by thc two Cities. 7. MaintenanCe,. Each City will maintain the pip~s, equipment and system within its own City limits and additionally Minnctrista will p_e~etually maintain the newly constructed pipe and connection that lies between Minnctrista and Mound. 8. Indcmnific~t{0n. Each City agrees to indemnify thc other, its officers and employees and to save and ]cccp them harmless from all losses and expense incurred as a result of any claim, demand, action or cause of act/on, inclucling any claims based on breach of warranty, neglig,~ or product liability, arising out of that City's cor~'~ctio~, opcrat/on, maintenance or ownerskip of the water ~ys~ems intercormection, unle~ ,,arch i?iury_, or damage is th~ r~sult of thc n¢~lie~n_c~ or its individo? City or its elected officials, emplovee.~, 9. Termination of Agreement~ This agreement may be tcrrainated by either O~ of the City Council of th~ City desiring t~rmination giving three years (36 months) written notice to the City Council of the other City, 10. In thc event of disassembly of the system for any mason, Minnctrista will bc responsible for the d/sas~mbly and removal of th~ pipes, valves, meters and other equipment installed in Mound as a part of this project. 10/05/95 12:03 FAI 612 334 8888 ?0?tL~ tL~IK OCT ~5 '~5 88:57 CITY OF' MTNN~-TRISTR ~ 007/007 P.7 Pa§c 3 $oint Power Agreement Mound and Minnct2'isla IH WITNESS AND. EXECUTION of this Agreement, and pursuant r~ authorization of thcir rcspcctive City Councils, thc C:itigs of Minnctrista and Mound have entered into this Agrccmcat and bare affixed thcir corporate seals hereto. CITY OF MINNETRISTA CITY OF MOUND Mayor Mayor City A~air~istra~'or Ci~ Manager BILLS -October 10, 1995 BATCH 5093 $113,583.95 BATCH 5094 120,167.06 Total Bills $233,751.01 Z Z C~ C; -1 ", '" O ,3 '~ 0 (. C. C C --I ¥ C C. '. 0 C' -1 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 5, 1995 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER JOEL KRUMM, LIQUOR STORE MANAGER SEPTEMBER MONTHLY REPORT September has become a force as far as sales are concerned. It was just a few short years ago when, in 1992, we broke the $100,000 mark for the first time. Last year gross sales were $123,187 for the month of September. This year, we had a 7.75% increase. Gross sales for September 1995 were $132,882. Sales for the first three quarters of this year are $1,139,785. Last year at the same time, we were at $1,091,728, up $48,057 for the year. It has now been one full year since we began offering credit card options to our customers. My initial goal was to produce $25,000 a year in credit card usage to make the system break even. As of the first year we have more than doubled my expectations, doing $58,517 in receipts. The second year will even be more now that people know we have it. Believe it or not, September is when I begin planning for the upcoming holiday season. I have set up a clearance section and have been closing out what few "dogs" I have. I hope to have this accomplished by the end of October so that I can utilize that space for more profitable displays. In addition to ridding the store of the "stiffs", I have also been upgrading our wine and spirits departments again. It is never ending and you always have to keep on top of a changing industry. JK:ls printed on recycled paper TO: FROM: RE: MAYOR, CITY COUNCILAND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR SEPTEMBER FINANCE DEPARTMENT REPORT Investment activity Bou.qht: Money Market Norwest 100,425 Money Market 4M 90,434 CP First Bank 5.75% 246,772 CP Norwest 5.63% 399,575 M atu red: C P No rwest 5.99% (507,340) CD First Bank 5.73% (247,550) Money Market 4M (80,000) GFOA Annual State Conference The 1995 Minnesota Government Finance Officers Annual Conference was held in Alexandria, MN on September 20-22, 1995. The conference was well prepared and allowed me at attend highly informativepresentations. In addition to the excel lent presentations relating to financial matters, I had the opportunityto attend a number of sessions covering professional and managerialsubjects. There were two areas of particularimportancefor us in the near future: - The legislature has authorized expendituresfor a new reporting system called FINREP. Local Governmentswill be required to provide information to their data base. At the present time similar information is being sent to the State Auditor on an annual basis. - The SEC has issued rules relating to what is called Secondary Market Disclosure. We will be required to submit annual reports to a number of designated "informationdepositories"and we will have to disclose any material events ( positive or negative) to them in a timely fashion. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: October 5, 1995 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~~'~,~ SEPTEMBER 1995 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 52 building permits issued in September for a total construction value of $378,750. This brings year-to-date value to $5,863,694, this is slightly behind last year's record pace. There were 45 plumbing, mechanical, and other miscellaneous permits issued for a total of 97 permits this month and 579 year-to-date. PLANNING & ZONING There were 7 cases processed this month by the Planning Commission and Council. COMMUNITY SERVICE OFFICER {CSO) ACTIVITY The CSO's total contacts were 241 this month, with 46 being of a zoning related issue. Three warning tags were issued. Additional information is in the Police Department Report. JS:pj prmted on recycled paper City of Mound BUll,DING ACTIVITY REPORT Month: SEPTEHBER Year: x995 THIS MONTH YEAR TO DATE S,.GLE FAM,LY DETACHED 1 1 95,702 19 2,053,439 SINGLE FAMILY ATTACHED (CONDOS) 6 1,758,000 TWO FAMILY / DUPLEX MULTIPLE FAMILY (:3 OR MORE UNITS) TRANSIENT HSG. (HOTELS ! MOTELS) SUBTOTAL 1 1 95,702 25 3,811,439 COMMERCIAL (RETAIL/RESTAURANT} OFFICE / PROFESSIONAL ' INDUSTRIAL i PUBLIC I SCHOOLS SUBTOTAL LTERATIONS ADDITIONS TO PRINCIPAL BUILDING 3 103,053 26 657,983 DETACHED ACCESSORY BUILDINGS 6 75,576 DECKS 10 27, 153 49 127,608 SWIMMING POOLS REMODEL- MISC RESIDENTIAL 35 134,022 183 714,972 REMODEL-MULTIPLE DWELLINGS 6 93,100 SUBTOTAL 48 264,228 270 1,669,239 ADDITIONS/ALTERATIONS COMMERCIAL (RETAIL/RESTAURANT) 2 3,850 9 83,550 OFFICE / PROFESSIONAL 1 15,000 1 15,000 INDUSTRIAL 3 68, 166 PUBLIC ! SCHOOLS 2 216,300 DETACHED ACCESSORY BUILDINGS SUBTOTAL 3 18,850 15 383,016 RESIDENTIAL DWELLINGS 5 NON-RESIDENTIAL BUILDINGS TOTAL DEMOLITIONB 6 //PERMITS # UNITS VALUATION // UNITS VALUATION # PERMITS TOTAL 52 378,780 '316 5,863,69q PERMIT COUNT ] THIS MONTH I YEAR*TO.DATE 'BUlLD,NG 52 316 FENCES & RETAINING WALLS 4 29 S~GNS 1 4 PLUMBING 17 96 MECHA.,CAL 13 83 G.AO,.G 2 6 S&W. ST.EET EXCAV.. F,.E, ETC. 8 45 TOTAL [ 97 [ 579 CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 5, 1995 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER GREG SKINNER, PUBLIC WORKS SUPERINTENDENT SEPTEMBER REPORT We finished cleaning up from the storm in August. We did some tree trimming. The blacktopping and sealcoating is done for the year. We even started on some sealcoating for next year. We received the new Jet Vac. We spent most of the month cleaning out the catch basins, jetting some storm lines. We replaced some signs. All of the poles have new flag holders. Water Meters were read. Tried to finish up meter repair and installation before winter. Some of the meters were getting dashes. Jerry is trying to get them repaired. We dug up some leaky standpipes. Replaced a fire hydrant on Three Points. There was one water main break on Clover Circle. (Sounds like its starting) Sewer The Sewer Department worked with the Street Department to learn the uses of the Jet Vac. Storms sewers were cleaned out. We also started the wet well cleaning with the Jet Vac. It works real good, we were able to all of the debris out of the lift stations. This will certainly add to the longevity of the pumps, we won't be pumping rock and grid through the pumps. Some of the dialers have some problems, we are still working on them. Damon has been working with Tri State and Radco trying to solve this problem. As soon as one problem is fixed, another seems to creep up on this. GS:ls printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 6, 1995 TO: FROM: RE: PARKS MAYOR, CITY COUNCIL, AND CITY MANAGER JIM FACKLER, PARKS DIRECTOR SEPTEMBER REPORT We finished putting away the summer equipment only leaving a few trash cans and picnic tables out at Mound Bay. The tennis nets will remain up until the end of October, unless it snows. Dundee Park had the first of the four evergreen trees planted but the weather got wet so they will finish in October. Mound Bay Park had the rip-rap repaired by City Staff. This area is in front of the Depot. We were seeing a lot of erosion. The trailer for the bobcat is being rebuilt by Parks Staff. With light years of a lot of use it was in need of additional braces, new decking, ramps, wiring and painting. DOCKS 70 cu. ft. of shoreline at Arbor Lane was repaired by City Staff with general clean-up and repair of rip-rap. TREES We finished the removal of the storm damaged trees from August and began the clean up of the three NCA at Evergreen, Westedge and Clover Circle. printed on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shulde Chief Len Harrell Monthly Report for September 1995 The police department responded to 892 calls for service during the month of September. There were 14 Part I offenses reported. Those offenses included 1 burglary, 1 aggravated assault, 9 larcenies, 2 vehicle thetis, and 1 arson. There were 76 Part II offenses reported. Those offenses included 3 child abuse/neglect, 3 forgery/NSF check, 2 weapons, 5 narcotics, 7 damage to property, 4 liquor law violations, 5 DUI's, 2 simple assaults, 12 domestics (8 with assaults), 5 harassment, 11 juvenile status offenses, and 17 other offenses. The patrol division issued 125 adult citations and 8 juvenile citations. Parking violations accounted for an additional 18 tickets. Warnings were issued to 145 individuals for a variety of violations. There were 2 adults arrested for felonies. There were 36 adults and 12 juveniles arrested for misdemeanors. There were an additional 13 warrant arrests. The department assisted in 5 vehicle accidents, 1 with injuries. There were 28 medical emergencies and 58 animal complaints. Mound assisted other agencies on 22 occasions in September and requested assistance 13 times. Property valued at $87,725 was stolen in September. MOUND POLICE DEPARTMENT MONTHLY REPORT - SEPTEMBER 1995 INVESTIGATIONS The investigators worked on 3 child protection issues and 5 criminal sexual conducts cases that accounted for 95 hours of investigative time. Other cases included arson, assault, stalking, auto theft, snowmobile theft, NSF checks, forgery, theft, procuring alcohol for a minor, possession of stolen property, harassment, possession of a controlled substance, and absenting. Formal complaints were issued for failure to contain a dangerous dog, assault, evading taxes, driving after suspension, and criminal damage to property. Personnel/Staffing The department used approximately 28 hours of overtime during the month of September. Officers used 37 hours of comp-time, 93 hours of vacation, 16 hours of sick time, and 3 holidays. Officers earned 18 hours of comp- time. Officer Sibley has been doing well in the FTO program and has been assigned to a unit on his own. IV. ~ Four officers attended EMT refresher school in September. Sgt. McKinley and I were invited to judge the National Police Canine Trials in Oklahoma City. Two officers attended mandatory training updates and Inv. Truax continued in the Wilson Leadership series. I attended the Emergency Preparedness State conference in northern Minnesota. The Mound Police Reserves donated 195 hours during the month of September. MOUND POLICE DEPARTMENT SEPTEMBER 1995 OFFENSES CLF. ARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARRJ~ST ADULT JUV pART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravate~ Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 1 0 0 0 0 9 0 1 0 2 0 2 0 0 0 0 0 1 0 0 0 0 0 TOTAL 14 I I 0 2 0 PART II CRIMES Child Abuse/Neglect 3 2 0 1 1 Forgery/NSF Checks 3 0 1 1 1 Criminal Damage to Property 7 0 1 2 2 Weapons 2 0 0 1 1 Narcotic Laws 5 0 0 5 5 Liquor Laws 4 0 0 4 5 DWI 5 0 0 5 5 Simple A~sault 2 0 2 0 0 Domestic Assault 8 0 0 5 5 Domestic (No Assault) 4 0 0 0 0 Harassment 5 0 2 0 0 Juvenile Status Offenses 11 0 4 7 0 Public Peace 1 0 0 1 1 Trespassing 0 0 0 0 0 All Other Offenses 16 0 0 9 10 TOTAL 76 2 10 41 36 12 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 4 1 0 28 58 22 673 786 HCCP Inspections 3 13 TOTAL 892 11 41 38 12 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT SEPTEMBER 1995 GENERAL ACTIVITY SUMMA~RY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEAR TO LAST YEAR MONTH DATE TO DATE 79 663 504 44 540 389 10 143 145 112 550 256 65 512 568 18 265 237 5 40 65 5 34 54 4 66 84 1 25 28 0 0 0 3 17 24 48 281 300 0 41 36 12 119 77 14 196 266 76 580 595 28 264 236 58 498 832 13 428 432 673 5,399 7,262 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,268 10,661 12,390 86 684 408 32 286 382 3 27 37 22 151 115 13 116 73 MOUND POLICE DEPARTMENT OCTOBER 1995 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV Miscellaneous Tags TOTAL 5 5 2 10 0 52 3 0 11 0 6 0 2 0 11 0 0 18 0 5 1 2 0 10 143 o o o 0 0 2 1 o 0 0 0 1 2 o 1 0 0 0 0 0 0 1 0 MOUND POLICE DEPARTMENT SEPTEMBER 1995 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 42 10 23 1 6 35 0 0 2 17 136 1 12 6 0 2 0 0 0 0 0 0 1 Run: 28-Sep-g5 16:16 PRO03 Primary ISN's only: No Enfors Property Report Date Reported range: 08/26/95 - 09/25/95 :ivOry codes: All STOLEN/RECOVERED BY DATE REPORTED Status: Property Types: Property Descs: ALL Brands: ALL NocleLs= ALL Officers/Badges: ALL Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Guantity Act Tp Desc SN Stat Stolen Value Recov~d Value Code Brand Model Off-1 Off-2 Assnd Assnd 0 Prop type Totals: A Prop type Totals: J Prop type Totals: R Prop type Totals: S Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: **** Report Totals: 80,000 0 1.000 5,100 0 1.000 1,200 0 1.000 800 0 2.000 100 0 1.000 100 0 2.000 15 0 1.000 410 100 3.000 87,725 100 12.000 Run: 28-Sep-95 14:37 CFS08 Primary ISN's on[y: No Date Reported range: 08/26/95 - 09/25/95 Time range each day: 00:00 - 23:59 How Received: Alt Activity Resutted: At[ Dispositions: Alt Officers/Badges: Att Grids: Alt Patrol Areas: Alt Days of the week: Alt MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 52 9001 J-SPEEDING 2 9002 NO D/L, EXPIRED D/L 3 9003 J-NO D/L, EXPIRED D/L 1 9014 STOP SIGN 6 9017 J-FAILURE TO YIELD 1 9018 EQUIPMENT VIOLATION 2 9019 J-EQIPMENT VIOLATION 2 9020 CARELESS/RECKLESS 2 9022 EXHIBITION DRIVING 1 9038 ALL OTHER TRAFFIC 2 9040 NO SEATBELT 2 9041 J-NO SEATBELT 1 9100 PARKING/ALL OTHER 17 9150 NO TRAILER PARKING 1 9200 DAS/DAR/DAC 10 9210 PLATES/NO-IMPROPER-EXPIRED 11 9220 NO INSURANCE/PROOF OF 11 9221 J-NO INSURANCE/PROOF OF 1 9240 CHANGE OF DOMICILE 7 9312 FOUND ANIMALS/IMPOUNDS 3 9313 FOUND PROPERTY 9 Page Run: ZS-Sep-95 14:H? CFS08 HOUND POLICE DEPARTHENT Page Primary ISN's onty: No Enfors carts For Service Reported range: 08/26/95 - 09/25/95 ~nge each day: 00:00 - 23:59 INCIDENT ANALYSIS BY ACTIVITY COOE How Received: Att Activity Resulted: Ali Dispositions: Att Officers/Badges: AL[ Grids: ALl Patrol Areas: All Days of the week: Ali ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9314 FOUND VEHICLES/IMPOUNDED 9315 UNCLAIME DESTROYED ANIMALS 9420 DERELICT AUTO 9430 PERSONAL INJURY ACCIDENTS 9450 PROPERTY DAMAGE ACCIDENTS 9451 H/R PROPERTY DAMAGE ACC. ANIMAL ENFORCEMENT TICKETS 9567 DANGEROUS DOG 9710 9720 9730 9731 9735 9800 9801 9802 9900 9904 9920 993O 9950 MEDICAL/ASU MEDICAL/DOA MEDICALS MEDICALS/DX I00 INJURY ALL OTHER/UNCLASSIFIED DOMESTIC/NO ASSAULT PUBLIC ASSIST ALL HCCP CASES OPEN DOOR/ALARMS INSPECTIONS DEPARTMENT INSPECTIONS CITATION HANDGUN APPLICATION INFO/INT 6 1 1 2 3 1 5 1 1 1 22 3 1 6 2 3 3 2 1 5 3 Run: 28-Sep-95 14:37 CFS08 Primary ISN~s only: No Date Reported range: 08/26/95 - 09/25/95 Time range each day: 00:00 - 23:59 How Received: ALL Activity ResuLted: AL[ Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the week: ALL ACTIVITY COOE DESCRIPTION 9980 WARRANTS 9990 MISC. VIOLATIONS 9991 J-MISC. VIOLATIONS 9992 MUTUAL AID/8100 9993 MUTUAL AID/6500 9994 MUTUAL AID/ ALL OTHER A2242 ASLT 2-SUBSTANTIAL INJURY-OTHR WEAP-ADLT-ACQ A5001 ASLT 5-UNKNOt4N ACT-NO WEAPON-ADLT-FAM A5351 ASLT 5-MS-INFLICT ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-FAM A5355 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACQ B4730 BURG 4-UNOCC NRES FRC-D-UNK WEAP-UNK ACT C1111 D8500 DCSO0 E4700 Fl111 I3060 J2500 J2700 J2EO0 J3500 FORGERY-FE-MAKE ALTER DESTROY-CHECK-PERSON DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION DRUGS-DRUG PARAPH-POSSESS-UNK-UNK ESC-GM-FLEE AN OFFICER ARSON 1-INHAB-NO ~EA-SG RESID-$20000 MORE CRIM AGNST FAM-MS-NEGLECT OF A CHILD TRAFFIC-GM-DUI LIQUOR-UNK INJURY-UNK VEH TRAFFIC-GM-AGG DUI-UNK INJ-UNK VEH TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCLD-MS-DRIVE UNDER INFLUENCE OF LIQUOR MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 13 7 Page t Run: 28-Sap-95 14:37 CFS08 MOUND POLICE DEPARTMENT Page 4 Primary ISN~s on[y: Enfors Ca[Is For Service Date Reported range: ange each day: INCIDENT ANALYSIS BY ACTIVITY COOE Ho~ Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: No 08/26/95 - 09/25/95 00:00 - 23:59 AIl All All All All Atl All ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS J3900 J3EO0 M3001 M4199 M5313 M5350 N3060 N3190 03772 Pl110 P2110 P3110 TC061 TF029 TF059 TF159 TG059 TRAFFIC-MS-OTHER TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH dUVENILE-ALCOHOL OFFENDER LIQUOR - OTHER JUVENILE-CURFEW JUVENILE-RUNAWAY DISTURBING PEACE-UNK-STALKING-UNKNOWN DISTURB PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MS-CONCEALING IDENTITY DISTURB PEACE-MS-HARRASSING COMMUNICATIONS OBSENITY-MS-OBSCENE LETTER ETC-ADULT PROP DAMAGE-FE-PRIVATE-UNK INTENT PROP DAMAGE-GM-PRIVATE-UNK INTENT PROP DAMAGE-MS-PRIVATE-UN[ INTENT THEFT-501-2500-FE-MAILS-MONEY THEFT-201-5OO-GM-BUILDING-OTH PROP THEFT-201-5OO-GM-YARDS-OTH PROP THEFT-201-5OO-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-MS-YARDS-OTHR PROP THEFT-LESS 200-MS-MOTOR VEH-OTHER TKO29 THEFT-501-2500-GM-BUILDING-OTH PROP U3018 THEFT-MS-BY CHECK-200 OR LESS 1 1 3 1 10 1 1 1 5 1 1 1 5 1 1 1 1 1 1 1 Run: 28-Sep-95 14:37 CFS08 MOUND POLICE DEPARTMENT Primary ISN's only: No Date Reported range: 08/26/95 - 09/25/95 Time range each day: 00:00 - 23:59 How Received: AIl Activity Resulted: AIl Dispositions: AIl Officers/Badges: AIl Grids: AIl Patrol Areas: AL[ Days of the week: AIl Enfors Ca[Is For Service ]NCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE DESCRIPTION NUMBER OF INCIDENTS U3028 THEFT-MS-ISSUE WORTHLESS CHECK-200 OR LESS VA024 THEFT-VEH-MORE THAN 2500-FE-THEFT-SNOI4 VD021 VEH-201-5OO-GM-THEFT-AUTO ~3190 WEAPONS-MS-USES-OTHER TYPE-NO CHAR ~3690 WEAPONS-MS-POSSESS-OTHER TYPE-NO CHAR X3250 CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION Y3230 CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH Page **** Report Totals: 345 Run: 28-Sep-95 14:42 OFFO1 MOUND POLICE DEPARTMENT Page 2 Primary tSN's o~ty: No Date Reported range: 08/26/95 - 09/Z5/95 Time range each day: 00:00 - 23:59 Dispositions: All ~ctivity codes: Ali ges: Grids: Ali ACT ACTIVITY COOE DESCRIPTION N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT N3060 DISTURB PEACE-MS-CONCEALING IDENTITY N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 03772 OBSENITY-MS-OBSCENE LETTER ETC-ADULT Pl110 PROP DAMAGE-FE-PRIVATE-UNK INTENT P2110 PROP DAMAGE-GM-PRIVATE-UNK INTENT P3110 PROP DAMAGE-MS-PRIVATE-UNK iNTENT TC061 THEFT-501-2500-FE-MAILS-MONEY THEFT-201-5OO-GM-BUILDING-OTH PROP THEFT-201-5OO-GM-YARDS-OTH PROP TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP TG059 THEFT-LESS 200-MS-YARDS-OTHR PROP TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER TKO29 THEFT-501-2500-GM-BUiLDING-OTH PROP U3018 THEFT-MS-BY CHECK-200 OR LESS U3028 THEFT-MS-ISSUE WORTHLESS CHECK-200 OR LESS VA024 VD021 W3190 W3690 X3250 THEFT-VEH-MORE THAN 2500-FE-THEFI-SNO~ VEH-201-5OO-GM-THEFT-AUTO WEAPONS-MS-USES-OTHER TYPE-NO CHAR WEAPONS-MS-POSSESS-OTHER TYPE-NO CHAR CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH **** Report Totals: Enfors Offense Report OFFENSE ACT]V[TY DISPOSITIONS ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 1 0 1 0 1 0 0 1 100.0 1 0 1 0 1 0 0 1 100.0 4 0 4 2 0 0 2 2 50.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 5 0 5 3 1 0 1 2 40.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 I 1 0 0 0 0 0o0 1 0 1 1 0 0 0 0 0.0 3 0 3 2 0 0 1 1 33.3 1 0 1 1 0 0 0 0 0o0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 0 1 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 I 1 0 0 0 0 0.0 3 0 3 2 1 0 0 1 33.3 1 0 I 0 1 0 0 1 100.0 82 3 79 27 33 8 11 52 65.8 Run: 28-Sep-95 14:42 OFF01 Primary %SN's onty: No Date Reported renge: 08/26/95 - 09/25/95 Time range each day: 00:00 - 23:59 Dispositions: At[ Activity codes: Att Officers/Badges: Alt Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT CODE DESCRIPTION REPORTEO FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 1 0 1 4 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 7 0 7 2 4 0 1 5 71.4 1 0 1 0 1 0 0 1 100.0 2 0 2 1 0 0 1 1 50.0 1 1 0 0 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 2 0 2 0 2 0 0 2 100 3 0 3 0 3 0 0 3 100.0 1 0 1 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 2 2 0 0 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 0 1 0 0 1 100.0 2 0 2 0 2 0 0 2 100.0 3 0 3 0 3 0 0 3 100.0 2 0 2 0 2 0 0 2 100.0 1 0 1 0 1 0 0 1 100.0 I 0 1 0 0 1 0 1 100.0 3 0 3 0 3 0 0 3 100.0 I 0 1 0 0 1 0 1 100 10 0 10 0 0 6 4 10 100.0 1 0 1 1 0 0 0 0 0.0 A2242 ASLT 2-SUBSTANTIAL INJURY-OTHR WEAP-AOLT-ACQ A5001 ASLT 5-UNKNOgN ACT-NO WEAPON-ADLT-FAM A5351 ASLT 5-MS-INFLICT ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-FAM A5355 ASLT 5-MS-INFLICT BD HRM-HANDS-CHLD-ACQ B4730 BURG 4-UNOCC NRES FRC-D-UNK ~EAP-UNK ACT Cl111 FORGERY-FE-MAKE ALTER DESTROY-CHECK-PERSON D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION DCSO0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK E4700 ESC-GM-FLEE AN OFFICER Fl111 ARSON 1-INHAB-NO WEA-SG RESID-$20000 MORE 13060 CRIM AGNST FAN-MS-NEGLECT OF A CHILD J2500 TRAFFIC-GM-DUI LIQUOR-UNK INJURY-UNK VEH J2700 TRAFFlC-GM-AGG DUI-UNK INJ-UNK VEH J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR J3900 TRAFFIC-MS-OTHER J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH M3001 JUVENILE-ALCOHOL OFFENDER M4199 LIQUOR - OTHER M5313 JUVENILE-CURFEW M5350 JUVENILE-RUNAWAY N0310 DISTURBING PEACE-UNK-STALKING-UNKNOIJN 09-26-~5 06'58~.M FPd)M MOTOROLA-ST PAUL PO2 09-26-95 06'58AM I~B~OM I~OTOI~OLA-ST PAUL PO3 < m MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF ~EPT~MBE~ 1995 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 9/18 9/25 W;f~S KI1RS :42LRS~ RATE JEFF ANDERSEN X X 2 19.00 2 ' 32 6.00 192.00 ~. GREG A/{DERSON X (~) 1 9.50 2½ 32 6.00 D92.00 ~ PAUL BABB X X 2 19.00' 2 33 6.00 198.00 ~ DAVE BOYD X X 2 19.00 2 16 6.00 96.00 5 SCOTT BRYCE X" (~ 1 9.50 2½ , 19 6.00 114.00 6 DAVE CARLSON X X 2 19.00 1% 20 6.00 120.00 7 JIM CASEY /'E/'E/'E/'E/'E/'E~ ~ 0 -0- 2 19 6.00 114.00 8 STEVE COT,T,rNS X X 2 19.00 2 25 6.00 150.00 9 BOB CRAWFORD X X 2 19.00 . 2½ 20' 6.00 120~00 D RANDY ~]C~HART X X 2 19.00 0 16 6.00 96.00 .1 STEVE ERICKSON X X 2 19.00 0 38 6.50 247.00 .2 l~r~, FISK X X 2 19.00 4½ 15 6,00 90.00 L3 DAN GRADY ~ X 2 19.00 2 23 6.00 138.00 L4 KEVIN GRADY X X 2 19.00 2 24 6.00 144.00 L5 CRAIG KEND~llSON ~ X 2 19.00 0 31 6.25 193.75 [6 PAUL H]~qRY X X 2 19.00 9{ 13 6.00 78.00 17 JOHN LARSON X (~_ 1 9.50 1 3/4 16 6.00 96.00 18' ~ASON MAAS X f'~' 1 9.50 1 29 ~,OO 174.00 19 ,7o~ NAFUS X ~ 1 9.50 2 19 6.00 114.00 20 JA~,q N-~SON X ~ 2 19.00 3 24 6.00 144.00 21 ~,~RVYN Nk~.,qOM X X 2 19.00 2 19 6.00 114.00 22 B~ET NICCUM X X 2 19.00 1½ 19 6.00 114.00 X X 2 19.00 2 28 6. O0 168 [00 23 CRFf;~ PALM X X 2 19.00 3 26 6.00 156.00 24 ~.~'K}2~ PALM X X ' 2 19.00 2 24 6.00 144.00 25 T~M P^~M X X 2 19.00 2½ 21 6.00 126.00 26 GREG PEDERSON X X · 2 19.00 2 27 6.00 162.00 27 ~{RIS POUNDER X X 2 19.00 2 15 6.00 90.00 28 TONY RAS~JSS52{ X X 2 19.00 6 27 6.00 162.00 29 ~[[KE SAVAGE X X 2 19.00 0 22 6.00 132.00 30 KEVIN SIPP~k~.L X X 2 19.00 7 18 6.00 108.00 31 RON STAL~MAN 32 BRUCES SVOBODA X X 2 19.00 2 20 6.00 120.00 33 TOM SWENSON pyETI} ED 9/9, ~5 ~ -0- 2 4 6.00 24.00 34 ED VANEC~< X X 2 19.00 1~ 29 6.00 174.00 ~ RICK ~.~,~,~S ~ X x 2 19.00 11{ 21 ~ 6.OO 126.00 36 TIZ-~ W~LLIA~S ~ ~ 0 -0- 2 2O 6.00 120.00 37 DEmaS worm~ x x 2 19.00 1% ~0 6.OO 120.00 34 29 63 'lOt_ALS 85 72½ 157½ 598.5C 95¼ 824 W~SES 4,970.75 157½ I~r[~g 598.50 95¼ MA]I~ 1,167.00 ~Dr-AL 6,736.25 MOUND FIRE__DEPARTMENT MONTHLY ACTIVITY REPORT MONTH OF SEPTEMBER 1995 MON~ MON//{ TO DATE TO DATE NO. OF C.,~T,T.~ 43 100 555 470 MOUND FIRE . 7 ' 32 132 101 E~f~GENCY 1_~ 25 190 186 MINNETONKA BEACH FIRE ~- ~ 3 11 20 ~ ._~____. GENS'Y ~ ~ 23 37 ORONO FIRE ~ 6.~ 41 27 M~RGENCY~..___i_ 1 17 2O S~OREWOOD FIRE ----~~ 7 0 ----- ~-~~ o ___. o.~ 2 4 SPRING PARK FIRE 2 11_____._ 33 28 MUTUAL AID -' FIRE ~ 0.___.9~ 0. 3 5 TOTAL FIRE CALLS ----- TOTAL EMERGENCY CALLS ------- --_.13____ ~ 262 192 COMMERCIAL ~ 40 293 278 RESIDn~rXXL -._9..____ 2___k..__ 4 7 INDUSTI~AL ~ ~ 58 39 ~7~ss & ~SC~__.L~'EOUS ---~--------Q- ~ 0 FALSE ~U~ / FnU.'. ~ ~ ---3.__.__ ~ 6 ~ -ha-___ ___.%L_~ 74 NO. OF HOURS FIRE - MOUND · ~ ~ 3711 3656 -------- ~ ~ --.12/k_._ 6676 5965 ~- ~ ~ 244 332 - MTKA BEACH FiRE -- __3a.__ ~ ~ 343 --~ ---~ ~ 203 - M'TRISTA ~.fERGENCY ~ -----~-~ 679 FIRE ___zz___ ~ 1040 567 - ORONO ~MERGENCY ~ 2~ 417 322 ------_ ~X~AL ~ 170 1457 889 - SHOREWOOD ~.~GEN~. --Q--~ ---__O~ 44 73 ---___ __TOTAL ~ ~.___236 73 F.~ ~ ~ 719 6n - SP. PARK ~__~ 101 1046 631 -- T~ 15~ 378 1765 1252 FIRE 0 0 131 200 - MUTUAL AID EMERG~qCy 24 33 74 27 ~ %~3TAL 24 33 205 227 .tOTAL DRILL HOURS 157~ 160 1420 1510% tOTAL FIRE HOURS 377 1458 6113 4232 ~OTAL EMERGENCY HOURS 447 788 5795 5399 DTAL FIRE & ~MERGENCY HOURS 824 2246 11,908 9631 - IUTUAL AID RECEIVED '0 0 1 [UTUAL AID ~ZVW.~/ 1 1 6 6 18/85/1995 09:21 S12--d72~d35 TOM REESE PAGE 50ARD MEMBER8 William A. Johnstone Chair. M;nnetonka Douglas E. Bebeock Vice Cl~air. Spring Park Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Mike Bloom Minnetonka Beach AIbe~t (Bert) Foster Deephaven James N. Gtathwol Excelsior Duane Markus Wayzata Ross McGlasson Tonka Bay Craig Motlet Victoria Eugene Panyka Minnetrlsta Tom Reese Mound Herb J. $-erth Woodland Of OhO TO: MOUND CITY COUNCIL DATE: OCI'OBER $, 1~95 FROM: TOM P~"~S, LM~ REPRES~ATIVE SUBJECI': SEFFF, MBER REPORT - LMCD 1.0 O~m.-~ l~ms. 1.1 The l~P6 LMCO budg~ ~ons have ~ ~lv~ follows: ~c 1~95 ~~ ~1 ~ f~v~, ~d ~e ov~~ ~~ ~s ~1 ~ ~v~ ~ ~ ~c f~. ~e 1~ ~~ ~~ ~ve ~ f~~ ~ ~e f~ le~. 1.2 ~e ~ of ~ ~ ~ ~11 n~ ~d i~ le~ f~ ~ ~ ~g ~ f~ ~ mHfuil ~~ f~ ~ y~ ~ 1~. I ~ ~ow w~ ~r ~~ is. 13 ~~ f~ ~ 1~ ~ B~ ~ w~ held ~s mon~. ~ Ba~ la~ ~ 8~n8 ~, now ~ To~ B~ is ~e ~w ~r. Tom R~ is Vi~ ~r. J~ Z~ ~ ~w~ is ~ ~. R~ ~ ~ ~n~ ~ of ~e ~ ~ ~~ ~~. He ~ ~ ~11 ~e ~1 ~s f~ ~e f~ ~ ~t f~w y~. 2.0 Exo~le 8p~eksTask Force. 2.1 We are continuing to seek a joint atrang~mant with th~ DNR for the dev~opment of a proactive zebra mussel program for Lake M/nneton~ Hmnepin Parks has sisn~ll~l a willingness to jc/n with us. We are waling for the DNR b~ commit themselv~ to what could be a con~ovmial program. This will be a difficult l~Ogram cone=irc and one ~n mo~ difficult W carry out, but w= f~! that somo program is ~ lhan none. At l~ut the publidty it will will s~rve to mako the pu~c more awar~ of the natur~ of th~ threaL 30% P~t C, ansumer Waste 10/05/1995 89:21 G12--4724435 TOM REESE PAGE 82 3.0 WMer ~S~-~etam 3.1 With tl~ multiple clock moratarium in place, work commmc~ on th~ ~on ~ th~ port, iai for f'utum lar~ scale dev~opmmt on large ~ingul~y ovmed tracts. 4.0 L~ U~,, 4.1 No mlx~ 5.1 Judy at,/Tom r~, 2o43 Lakmck gnm j~ ~ ~ o~ d ~n~ I~ m ~ ~ ~~ d m~ ~ow ~ ~ ~ ~m ~ ~r ~~. I ~vc m~ ~ ~ ~ at l~k~ at ~r ~~ ~ m~c a ~mble ~mt f~ ~~g ~e ~ow ~ ~ ~ S~ ~ m~ ~ ~ ~ f~ ' ~~s. I w~d ~ ~ ~ ~g w~t ~ ~~ ~~ ~ ~s is. 5.2 ~o ~ H~ ~~~ is ~ ~e ~ a~ o~ ~M~~~~ ~. We~ V~ lc: Dou~ Babmck Aim W~llcu~ Park and Open Space Commission September 14, 1995 DOCK INSPECTOR'S REPORT Tom McCaffrey related the following statistics number of dock sites used in 1995: 448 total dock sites 410 dock sites used (38) dock sites not used: 70 480 dock sites shared dock site users relating to the 11 sites not used 9 sites in dedicated areas not used 18 abutting sites not paid and not used The Park and Open Space Commission Meeting adjourned at 9:52 p.m. Motion carried unanimously. September 28, 1995 RECEIVED OCT 2 TO: FROM: SUBJECT: Interested Parties 612 Numbering Plan Relief Burl W. H~Vk/X/ Executive Se~etary Notice of Commission Meeting BACKGROUND On August 23, 1995, the Commission issued its Order Setting MethodFor Introducing New Area Code In Minnesota. In that Order, the Commission determined that the existing 612 area code would be geographically split into two area codes and that five telephone exchanges in the existing 612 area code to the southeast of the Minneapolis/St. Paul metropolitan calling area (Red Wing, Wabasha, Lake City, Goodhue and White Rock) would be transferred into the 507 area code. The Minneapolis/St. Paul metropolitan calling area would retain the 612 area code and that portion of the existing 612 area code to the south, west and north of the metro calling area would be reassigned to the new area code. On August 28, 1995, Bellcore (the current telephone numbering plan administrator in the United States) notified US West that the new area code for Minnesota would be 320. On September 12, 1995, the Commission received requests for reconsideration of the August 23, 1995 Order from the following formal parties: the Department of Public Service, Bridge Water Telephone Company, GTE and Sherburne County Rurkl Telephone Company. The Commission has also received hundreds of calls and letters from the public residing in telephone exchanges to be assigned to the new 320 area code or reassigned to the 507 area code. NOTICE OF COMMISSION MEETING The Commission will meet on Tuesday. October 10. 1995. beginning at 9:00 a.m. in its Large Hearing Room, 121 7th Place East, Suite 350 (Metro Square Building), St. Paul, Minnesota to take comments from the public on its August 23, 1995 Order. The Commission requests that (OVER) CITY OF MOUND S P E C I AL RECYCUNG DAY SA TURDA Y OCTOBER 14. 1995- 8 AM to 5 PM NO BRUSH WILL BE ACCEPTED ON THIS DAY!! AT THE LOST LAKE AREA ON COUNTY ROAD 15 BETWEEN SUPERAMERICA AND THE POST OFFICE THE FOLLOWING ITEMS WILL BE ACCEPTED: GOODWILL: CLOTHING, SMALL WORKING APPLIANCES, GAMES, DOMESTIC ITEMS (PANS, DISHES, ETC.), HARDWARE TOOLS, LAMPS...** THERE IS NO CHARGE ** MATTRESS: THERE IS A CHARGE BY SIZE FOR EACH MATTRESS & BOX SPRING: CRIB $3, SINGLE $5, DOUBLE $6, QUEEN $7, KING FURNITURE: CARPET: TIRES: CHAIRS $3, RECLINERS $5, LOVESEAT COUCH $6, SOFA $10, HIDE-A-BED SOFA $15 50 CENTS PER SQUARE YARD (Jute back only, no foam padding) $1 EACH, $1.50 WITH RIM, TRACTOR AND LARGE TRUCK TIRES $5 APPLIANCES: $7 EACH this includes washers, dryers, stoves, furnaces, dishwashers, refrigerators, freezers, water softeners, humidifiers, dehumidifiers, trash compactors, garbage disposals, water heaters, microwaves ..... $15 for AIR CONDITIONERS SCRAP METAL: SWING SETS, LAWN FURNITURE, GRILLS, BICYCLES (with tires $1), AUTO PARTS, SPRINGS, PIPE, METAL WINDOW FRAMES (no glass), AUTO BATTERIES, ETC. ** NO CHARGE ** ELECTRONICS: $4 EACH TELEVISIONS, STEREOS, VCRS, VACUUM CLEANERS, COMPUTERS; No charge for: Telephones, Radios, Camcorders, Tape Players, This includes recherqeable and cordless aooliances PHONE BOOKS: A CONTAINER WILL BE PROVIDED AT NO CHARGE BATTERIES: HOUSEHOLD BATTERIES ** FREE ** NEW BINS: IF YOU BRING IN YOUR BROKEN RECYCLING BIN, WE WILL REPLACE IT OR YOU MAY PURCHASE A NEW ONE FOR $6 FLUORESCENT LIGHT BULBS: The City will be accepting thesa at: $.25 for 4', $.50 for B' CONCRETE: 50 cents per construction size block THE FOLLOWING ITEMS WILL NOT BE ACCEPTED: Household plastics, plastic toys, styrofoam, insulation, window glass, rope, hazardous waste (paint, oil, thinners, etc.) cans, glass, newspaper, cardboard, garbage, leaves, foam rubber, construction waste, carpet padding. ANY QUESTIONS, CALL CITY HALL AT 472-0603 ABSOLUTELY NO WOOD OR BRUSH OR LUMBER OR LEAVES WILL BE ACCEPTED ON THIS DATE!! CITY OF MOUND LEA VES - BRUSH -SCRAP WO OD DROP OFF SITE THE CITY OF MOUND HAS OPENED A LEAVES AND BRUSH DROP OFF SITE AT THE CITY PROPERTY LOCATED ON COUNTY ROAD 15 NEXT TO SUPERAMERICA ~ SATURDAYS and SUNDAYS ONLY STARTING :OCT 2'1 THRU NOV 10 AM TO 4 PM * * LEA VES MUST BE DEBA GGED * * - FREE TO MOUND RESIDENTS - .50 PER LEAF BAG FOR NON-RESIDENTS BRUSH ITEMS ACCEPTED' BRUSH, TREE LIMBS UP TO 12" IN DIAMETER, DISCARDED LUMBER AND PALLETS THE COST: $3 PER CUBIC YARD $1 MINIMUM CHARGE THIS MATERIAL WILL BE CHIPPED UP AND AVAILABLE TO THE PUBLIC FREE OF CHARGE AT A LATER TIME THIS SITE IS OPEN TO THE PUBLIC AND IS SUPERVISED - NO DUMPING ALLOWED QUESTIONS - CALL 472-0603 PETER MC LAUGHLIN 6m. ~,~8-~o8~ COMMI$SIONI~R F3X- 348- 8701 BOARD October 4, 1995 OF HENNEPIN COUNTY A-2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487- 0240 COMMISSIONERS Elizabeth Jensen Councilmember City of Mound 5341 Maywood Road Mound, MN 55364 RECEIVED Dear Councilmember Jensen: On behalf of the Hennepin County Board of Commissioners, I would like to personally invite you to attend the 1995 State of the County Address, which will be broadcast live on Metro Cable Channel 6: Hennepin County: Recreating Community Thursday, October 12, 1995 4 P.M. General Mills Corporate Headquarters Number One General Mills Boulevard (I-394 and Highway 169) Golden Valley, MN Reception to follow in Atrium My speech comes in the midst of vast changes emerging from Congress, changes that represent both a threat and an opportunity. I would be honored by your presence, and would welcome seeing you at the reception which follows. Please RSVP to my office (348-7884) by Tuesday, October 10th as seating is limited. Parking is available in the General Mills visitor lots to the south and west of the main entrance. i~~ ~67~aj/'ete McLaughlin, Chair /~' Hennepin County Board of Commissioners PRINTED ON RECYCLED PAPER TRI CABLEVISION RECEIVED OCT 5 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093 507/835-5975 FAX 507-835-4567 October 4, 1995 City Administrator City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear City Administrator: With the ever changing federal regulations implemented for the cable industry, many new regulations affect the way cable companies service and bill their subscribers. Prior to congressional action, the cost of repairing the wiring, splitters, connections, fittings, and connecting wires up to twelve (12) inches outside the home was recovered from the monthly basic rate. New laws require us to exclude repair of interior wiring. The only anomaly to this is in relation to apartment buildings. Subscribers would need to consult with the building management to determine who is responsible for the maintenance of the interior wiring. Triax Cablevision will therefore introduce the "HOME WIRE MAINTENANCE PLAN" to its subscribers, with the exception of multiple dwelling apartment buildings, for only $.89 per month. The plan will cover charges for service to the interior wiring on the primary outlet. This ~zticznaJ service will be made available to our subscribers with a bill stuffer in November and by a telemarketing campaign to start in the month of October. As a subscriber to the Home Wire Maintenance Plan, the hourly service charges are waived. This optional plan will appear on the monthly statement as a line item charge to those subscribers that choose to participate. If you should have any questions, please contact me at 1-800-332-0245. Regional Manager- MN Commons Task Force Quantitative Survey 10/4/95 NOTE: The word "commons" as referred to w/thru this survey relaze$ to any id~eshore property currenz/~ being managed by the City of Mound within the dock program. What is your overall level of satisfaction with the cornlnons program ? (c,,o. te a. Very satisfied. b. Somewhat satisfied. c. Neither satisfied nor dissatisfied. ~ I ~ d. Somewhat dissatisfied. . . .,~ ~ ' \ e. Very dissatisfied. ,- ~_~ ~,/d,~/~_ ~ow important to you and your family are t,,e tOJiO~,~/irl9 u$~b O[ COll,,io~h~: (Circle one/e~pona'c of the below uses.) Doe~ Not Apply, or Don't Know Not Very Very Important .................. a. Access to inexpensive boat dockage. NA 1 2 ~; 4 5 b. Swimming. NA 1 2 3 r~ 5 C. Shore fishing. NA 1 2 3 4 5 d. Picnicking. NA 1 2 3 4 5 e. Impact of lakeshore access on the value of your home. N^ 1 2 3 ~ 5 f. Walking along the lakeshore. NA 1 2 3 4 5 g. Viewing the lake. NA 1 2 3 4 5 Please Rank the ',,r~ort.*,;ce to vou of the following statements. Strong priorities get more points than weaker priori1 r~q ~O~r't~- taus? tnta !0. romic ~nere~onseper,statement.) EXAMPLE: Does Not /east most Apply irnportant important NA I 2 3 4 5 = 5 2. Inexpensive ice cream. NA I 2 3 4 5 = 3 h. Great tasting ice cream NA I 2 3 4 5 = 2 c. Low fat ice cream. TOTAL .................. = ~ 10 Access t'~ ~expens v¢, dockage. Shore fishing. Picnicking. Swimming. Lake access near your home. boat Least Most Important Important I~. Impact of lakeshore access on value of vour home. NA 1 2 3 4 5= NA 1 2 3 4 5 =__ NA 1 2 3 4 5 =__ NA 1 2 3 4 5 =__ NA 1 2 3 4 5 =__ NA 1 2 3 4 5 = TOTAL ................. = __ VVhioh Of the fr~llr~winC1 locations do you prefer to use for: (check one) 10 commons public beach or park a. swimming b. picnicking c. shore fishing d. parties 5. "- To what extent do you agree or disagree w~tr~ the |oliow~fl9 5L~[~lTIcil[5 8:5 Utt3¥ fettle [o th~.; ' commons. (Circle one response for each statement,) Does Not Strongly Strongly Apply Agree Disa,qree a. The d(~ck fee structure is reasonable. b. The commons is accessible to all Mound residents. NA 1 2 3 4 5 NA 1 2 3 4 5 The City's commons and dock ordinances exert too little control over the commons. NA 1 2 3 4 5 d. The City has been reasonable in NA ] their enforcement of the commons and dock ordinances. What is your e el of satlsfact on w~th the ~,~ [h~[ ir,. homeowners abutting commons and the rights of dock s~[u a. very sausneo. / b. Somewhat sat,stied. . ( ,, , A,, ~ . Neither satisfied or d~ssat~sfled. ~ d. Somewhatdissatisfied. 4' /~ .ff w ~ ~ ~' ~ e V ..... . ery d~ssat~sfled. ~ ~ f. Don't know or does not apply. ~¢¢~ O ~ ~ ~ . To what extent do you feel that existing private structures o,'~ retaining walls, etc.) are having an effect on your use of the commons? No effect. Somewhat negative effect. Large negative effect. Don't know or does not apply. Would ac you be in favor or opposed..., t(jt a City rr,ult*,l~le bcd[ shp systen~ t,f 6[ ,s po~sibie)? Ic, rc/¢ on~.) Strongly in favor. Somewhat in favor. Somewhat opposed. - Strongly opposed. Don't know or does not apply 10. 11 Are you interested in obtainina a commons dock site through the City of Mound in the future? Very interested. Somewhat interested. Not interested. Mow recently h~ve vou vis ted a lakeshore commons site? (Circle one.) ac Within the last month. Within the last summer. Within the last 2 years. Prior to the I~qst 2 years Never. Don't know. Do you live on orivatelv owned Lake Minnetonka akeshore~ fCircle one,)