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1992-11-10CITY OF MOUND bll~qION STATIC? The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR ~G 7:30 P.M., TtJESDAY, NOVEMB~ 10, 1992 CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. Se e 10. APPROVE THE MINUTES OF THE OCTOBER 27, 1992 REGULAR MEETING AND THE NOVEMBER 4, 1992, CANVASSING BOARD MEETING. PG. 3653-3661 PUBLIC HEARING: PROPOSED ZONING CODE MODIFICATIONS AND PROPOSED SHORELAND MANAGEMENT ORDINANCE. PG. 3662-3742 CASB ~92-371: APPLICATION FOR AN OPERATIONS PERMIT FOR DROP SHIP EXPRESS, AT 5308 SHORELINE DRIVE. PG. 3743-3754 CASE ~92-057: REVIEW OF LANDSCAPING PLAN FOR TORO MANUFACTURING. PG. 3755-3758 CASE ~92-065: TOM REESE, 5641 BARTLETT BLVD., LOT 1, BLOCK 23, SECTION 23, PID #23-117-24 14 0003. REQUEST: VARIANCE TO RECOGNIZE AN EXISTING NON- CONFORMING SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DECK. PG. 3759-3769 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. REQUEST TO BE REMOVED FROM THE CENTRAL BUSINESS DISTRICT (CBD) PARKING PROGRAM, THOMAS B. CARL, MOUND POST OFFICE PROPERTY. PG. 3770-3773 RESOLUTION SETTLING DISTRICT COURT CASE #MC91-001353 RELATING TO CBD PARKING ACQUISITION ASSESSMENT AND PROVIDING FOR THE DISMISSAL OF AN ASSESSMENT APPEAL. PG. 3774-3775 REQUEST FROM RESIDENTS ON BEACHWOOD ROAD FOR A STREET LIGHT. PG. 3776-3778 3650 11. 12. 13. 14. 15. APPROVAL OF AN ORDINANCE AMENDING SECTION 437:00 OF THE CITY CODE BY ADDING SUBD. 5 AND AMENDING SECTION 437:05, SUBD. 2 BY ADDING SUBSECTION f RELATING TO REMOVAL OF LICENSED DOCKS. PG. 3779-3782 APPROVAL OF A RESOLUTION AMENDING THE CITY OF MOUND'S ADMINISTRATIVE CODE TO REFLECT CHANGES IN ADMINISTRATIVE POLICY. PG. 3783-3786 RESOLUTION CONCERNING A CONSTITUTIONAL AMENDMENT TO CREATE A NEW PROPERTY TAXPAYER'S TRUST FUND IN MINNESOTA. PG. 3787-3793 PAYMENT OF BILLS. PG. 3794-3811 INFOm~ATION/MISCELLA~EOUS A® Department Head Monthly Reports for October 1992. Pg. 3812-3843 Be LMCD Representative's Monthly Report for October 1992. Pg. 3844 LMCD Lake Minnetonka Public Access Task Force Meeting Report. Pg. 3845-3855 E® F® Letter from Gene Strommen, LMCD, to Tom Reese thanking him for his service as Vice Chair in 1992. Pg. 3856 The annual League of Minnesota Cities (LMC) Policy Adoption Conference will be held Thursday, November 19, 1992, at the Decathlon Club, 7800 Cedar Ave. South, Bloomington from 9:30 A.M. to 3:00 P.M. Enclosed is an Agenda and the proposed policies as recommended by LMC Committees. If you are interested in attending, please let Fran know by Friday, November 13, 1992. Pg. 3857-3919 I contacted the LMCD following the last City Council Meeting regarding the multiple dock license issue. I indicated to Gene Strommen, your concerns about paying a fee to LMCD (dock holder actually pays fee) for work that we do through our dock inspection program. I expressed the concern that multiple docks (city owned/operated) should be treated differently. He took concerns to the LMCD Board and the Board took them under advisement. The Board established a committee for joint review of the program which will have membership on it from multiple dock license holders. Fees will be studied, cost accounting system 3651 Ge me Je Ko Mo will be implemented to track costs. In addition, the Board "rolled back" the fee from the proposed $15 per Water Storage Unit (WSU) to $10 per WSU. This will cause some budgetary problems because the additional monies necessary to cover costs will not be available from fees. Thus, approximately $40,000 will come from budget reserves to make up the difference. Multiple dock license fees for 1993, at the $10 rate, will be partially (20%) due on 12/1/92 and the remaining 80% will be due on 4/1/93. Enclosed is a letter from the LMCD explaining this further. Pg. 3920-3921 REMINDER: No COW meeting on November 17, 1992. REMINDER: City Hall will be closed Wednesday, November 11, 1992, in observance of Veteran's Day. REMINDER~ Thanksgiving holiday, Thursday, November 26 and Friday, November 27, City Hall will be closed. REMINDER: 1993 Budget Hearings are scheduled for Wednesday, December 9, 1992, and Wednesday, December 16, 1992, at 7:30 P.M., Mound City Hall. REMINDER: Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. I have completed the recruitment process for filling the Finance Director position. We had 70+ applications and I narrowed the list to 9 for interviews. I then narrowed the list to two and selected Gino Businaro, currently employed at Minneapolis Public Schools, Special Education Department as Finance Manager. Previous to this position, Gino was Chief Accountant for Carver County. He also has worked for the State Auditor's Office as a Principal Auditor/Analyst Supervisor. Gino is married with two children. He and his family live in Chaska. He also serves on the Chaska School Board. Gino will begin work with the City of Mound on November 23. I will have him come to the City Council Meeting after he begins work so you can meet him. Or, if you're in City Hall around his start date, I will introduce you to him. I believe he will be a fine addition to our staff. LMCD meeting schedule for November and December 1992. Pg. 3922 3652 MINUTES - MOUND CITY COUNCIL - OCTOBER 27, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 27, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron and the following interested citizens: Diane Beimert, Dorothy & Bill Netka, Mike and Deanne Ronald, Christine & Phil Hahn, Michael Bennett, Ron Bostrom, Annette & John Flaherty. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made Jessen and seconded by Jensen to approve the Minutes of the October 13, 1992, Regular Meeting and the October 20, 1992, Committee of the Whole Minutes, as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS 1.! CBD PARKING MAINTENANCE ASSESSMENT The City Manager explained that this assessment is charged to businesses in the Central Business District (CBD) Parking Program for parking lot maintenance, snow plowing, striping, etc. He further stated that he has received a letter from Curt Johnson objecting to his assessment because he feels his spaces provided should be 4 and requires spaces 10. This adjustment will be made which will reduce his assessment approximately $185. The Mayor opened the public hearing. BILL NETKA, 2313 Commerce Blvd. was present questioning the differences between the parking lot acquisition assessment and this assessment with regard to the following: 1. customer parking required; 2. employee parking required; 3. spaces provided; and 4. front footage. The City Manager explained that the differences in numbers 1, 2 & 3 is because in the acquisition assessment no one was given credit for any leases the city has with certain business owners because that would have given them credit twice. He stated he would have to check with John Norman about the front footage differences. The Mayor closed the public hearing. The Council discussed having the CBD Committee make sure that the 4 items above reflect the correct numbers for the businesses that will be assessed in the 1993 assessment roll. Jensen moved and Smith seconded the following resolution: RESOLUTION #92-138 RESOLUTION ADOPTING CBD PARKING MAINTEN~%NCE ASSESSMENT ROLL IN THE AMOUNT OF $24t494.26 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12604 The above reflects the change in Mr. Johnson's assessment. The vote was unanimously in favor. Motion carried. 1.2 DELINQUENT UTILITY BILLS ASSESSMENT The City Manager reported that the total amount of the assessment is now at $42,237.28. The Mayor opened the public hearing: Michael Bennett, 2973 Hazelwood Lane, stated he would like to have his usage checked into because he was charged for 105,000 gallons of water when there were only a few days that his family was at home. He asked to be allowed to pay $200.00 tonight and wait for a determination. Diane Beimert, 5125 Drummond Road, stated that part of this bill belongs to the past owner. She then stated she has not closed on the property yet and hopes to have this cleared up with the previous owner before this goes to the taxes. The Council asked that these two bills be continued to the next meeting. The Mayor closed the public hearing. Smith moved and Jessen seconded the following resolution: RESOLUTION %92-139 RESOLUTION ADOPTING DELINQUENT WATER AND SEWER ASSESSMENT ROLL IN THE ANOUNT OF $42t237.28 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12602 The vote was unanimously in favor. Motion carried. 1.3 UNPAID TREE REMOVAL ASSESSMENT The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Smith moved and Ahrens seconded the following resolution: REBOLUTION %92-140 RESOLUTION ADOPTING UNPAID TREE REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF $360.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY %12603 The vote was unanimously in favor. Motion carried. 1.4 CASE t92-059; MICHAEL RONALDm 4853 BARTLETT BLVD., LOT 4, BLOCK 1, 8ETON VIEW, PID ~13-117-24 44 0098, VARIANCE FOR A FENCE The Planner explained the request. The Planning Commission recommended approval. Councilmember Jensen stated that she thought when this subdivision was done it was that no future variances would be granted. The Planner stated he does not have the subdivision file with him to verify this. The City Attorney stated that the following language could be added to the whereas: "Whereas, this property was subdivided with a provision that property variances were not necessary and in this case the owner is not asking for setback or property related variances but rather is seeking a fence height variance; and Whereas, the City Council is concerned that the City not establish a precedent and feels that the fence height difference in this case is not offensive because of topographic conditions and the location of other homes that are not offended and it takes into account that the requested location is on flat ground." The applicant was present. Ahrens moved and'Smith seconded the following resolution: RESOLUTION %92-141 RESOLUTION TO APPROVE A FENCE HEIGHT VARIANCE AT 4853 BARTLETT BLVD., LOT 4, BLOCK 1, BETON VIEW, PID %13-117-24 44 0098, P & Z CASE %92-059, A8 AMENDED The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.5 CASES 91-040 & 92-058: RESOLUTION TOAPPROVEANAMENDMENT TO RESOLUTION ~91-123 AUTHORIZING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A TEEN CLUB AT 2313 COMMERCE BLVD. t PID ~14-117-24 44 0042m AB AMENDED The City Manager explained that this item was continued to this meeting so the resolution could be prepared for consideration. Dorothy Netka questioned items 16, 19 & 20 in the resolution. The Planner stated these are standard items that go into every conditional use permit. Smith moved and Jessen seconded the following resolution: RESOLUTION %92-142 RESOLUTION TO APPROVE AN AMENDMENT TO RESOLUTION %91-123 AUTHORIZING A CONDITIONAL UBE PERMIT FOR THE ESTABLISHMENT OF A TEEN CLUB AT 2313 COMMERCE BLVD., PID %14-117-24 44 0042~ P & ~ CASE %91-040 & 92-058, AS AMENDED The vote was unanimously in favor. Motion carried. 1.9 APPROVAL OF GARDEN LEASE FOR LEO & BEV~_RLY WALLIR The City Manager explained this is a renewal lease. MOTION made by Johnson, seconded by Jessen to authorize the Mayor and City Manager to execute a garden lease for Leo & Beverly Wallis for Lots 1, 2, 3 & 22, Block 5, Dreamwood. The vote was unanimously in favor. Motion carried. 1.10 REOUEST TO BE HEARD FROM MR. & _W~__8. PN!LIP HAHN~ 2273 COTTONWOOD LANE - RB: POSSIB~.~ STORM 8EWER IMPROVEMENT The City Manager stated that he has explained to the Hahns the petition procedure for a storm sewer improvement. Mrs. Hahn was present and stated that they would like more information, i.e. cost estimates, assessments, etc. before they contact their neighbors about signing the petition. The City Engineer stated that would probably cost between $500 and $800. There waS considerable discussion on the elevations of the pipe, Lake Langdon, the ditch, the Bostrom property and what was done there. The Council asked that the City Engineer do a profile of the area, get preliminary cost estimates and several alternatives that could help with the ditch on the Hahn's property. This will be brought back to the Council the first meeting in December. 1.11 REOUEST TO BE REMOVED FROM CBD PARKING MAINTENANCE PROGRAM - PETER JOHNSON AND JIM DICKINSON, OWNER8 OF THE LAW OFFICE PROPERTY AT 2305 COMMERCE BLVD. The City Manager explained that there is no lease on the parking lot at 2305 Commerce Blvd. and the owners of the law office have asked to be removed from the CBD Parking Maintenance Program. They have 17 parking spaces and need only 9 according to the zoning code. This is similar to the Meisel property removal. MOTION made by Smith, seoonded by Ahrens to remove 2305 Commeroe Blvd. (PID #14-117-24 44 0041) from the CBD Parking Maintenance Program as of July 1, 1992. The City Manager is to inform the owners that they will be responsible for having snow hauled away and not push into the publio part of the lot. The vote was unanimously in favor. Motion carried. Mrs. Flaherty asked if they would be considered responsible for making sure no one from their teen club parks in this lot. The City Attorney stated that that would be a private matter and that the Law Firm could post their parking lot as private. 1.12 REOUEST TO BE REMOVED FROM CBD PARKING PROGRAM - THOMAS B. CARL - RE: POST OFFICE PROPERTY The City Manager reported that the owner of the Post Office property has asked to be removed from the CBD Parking Maintenance Program. There was considerable discussion on this because of the amount of traffic that is generated by the Post Office. The Planner stated that this is one of those unclassified areas of the zoning ordinance. He stated there should be some information out there on standards used in other areas where Post Offices have been recently built, i.e. Eden Prairie. The Staff will check into this and bring it back to the Council at the next meeting. 1.13 DISCUSSION: LMCD MULTIPLE DOCK LICENSE The Council discussed the WSU (watercraft storage unit) charge. They felt that Mound's municipal docks should be separated from the private marinas in the way the LMCD charges their WSU fees because the L.M.C.D. does not have to monitor our program since we have our own Dock Inspector. The fees they charge are more than the time they spend monitoring our program. The Council also supports a boat launch fee on Lake Minnetonka. The City Manager will convey these feelings to the L.M.C.D. 1.14 RESOLUTION APPOINTING N~WnERS TO SERVE ON A TASK FORCE TO IDENTIFY COMMONS AREAS AND THEIR USE5 The City Manager presented the proposed resolution to appoint the following persons to this Task Force: Keith A. Foerster, 4645 Island View Drive Jim Kuehn, 4633 Island View Drive Ramona Mueller, 5910 Ridgewood Road Mike Mason, 4909 Island View Drive John Gabos, 4687 Island View Drive Jim Walters, 1601 Bluebird Lane Sandy Effertz, 4757 Island View Drive Councilmember Ken Smith, Chairperson The Council discussed the proposed resolution and decided to delete any references to "Commons uses" and replace it with "users responsibilities" because this was what was discussed at the COW meeting. Jessen moved and Smith seconded the following amended resolution: RESOLUTION #92-143 RESOLUTION ~PPOINTINGMEMBERETO SERVE ON A TASK FORCE TO IDENTIFY COMMONS AREAS AND USER RESPONSIBILITY The vote was unanimously in favor. Motion carried. 1.15 PAYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on tho pre-list in the amount of $84,040.46, when funds are available. & roll call vote was unanimously in favor. Motion carrie4. ADD-ON8 1.16 SET PUBLIC HEARING D~TE MOTION made by Jess.n, secon~edbyJohnson to set November 24, 1992, for a public hearing to consider the issuance of a conditional use permit for a wholesale and assembly operation in the I-1 Industrial Zoning District consisting of design and manufacturing of artwear and jewelry by P. Heok Designs at 5571Lynwood Blvd., Mound. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS Financial Report for September 1992, as prepared by Fran Clark, City Clerk. Be Letter from Hennepin Conservation District information on the election of Supervisors. providing Association of Metropolitan Municipalities (AMM) policies that will be considered at the 10/29/92 AMM Board Meeting. De Invitation to attend "Business Leaders Day" and tour of Westonka Schools, Wednesday, October 28, 1992. Ee REMINDER: Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. REMINDER: League of Women Voters Candidate's Forum, Monday, October 26, 1992, 6:30 P.M., Mound City Hall for local candidates in Spring Park, Minnetrista and Mound. This forum will be televised on cable T.V. and will be played back on Channel 20 later next week. G. Planning Commission Minutes of October 12, 1992. H. Park & Open Space Commission Minutes of October 8, 1992. me The City Manager stated that Officer Todd Limond has resigned to take a position with the City of Minnetonka. MOTION made by ~essen, seconded by Jensen to adjourn at 10.45 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES - MOUND CITY COUNCIL - SPECIAL MEETING Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341 Maywood Road, in said City on November 5, 1992, at 7:30 P.M. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jansen and Phyllis Jessen. Councilmember Ken Smith was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., and City Clerk Fran Clark. The Mayor opened the meeting. ~.0 ELECTION CANVASSING BOARD The City Election results were presented to the Canvassing Board for their approval. The results were as follows: IgAYOR (two year te~m) Pct. Pct. Pct. Pct. Pct. Pct. Total #1 2 3 4 5 6 HERRMANN 28 39 146 67 76 45 401 JOHNSON 251 192 696 371 439 269 2218 POLSTON 228 223 644 343 396 365 2199 COUNCILMEMBERS - (2 elected, each 4 year term) AHRENS 247 219 775 364 403 323 2331 FORSTER 106 95 327 181 194 148 1051 HANUS 206 188 691 369 436 306 2196 JESSEN 291 223 617 380 497 339 2347 The following were declared the winners: Skip Johnson, Mayor Elect (two year term) Andrea Ahrens, Councilmember Elect (four year term) Phyllis Jessen, Councilmember Elect (four year term) Jansen moved and Johnson seconded the following resolution: RESOLUTION #92-144 RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION AS PRESENTED ~T THE CANVA/~S OF VOTES OF THE NOVEMBER 3, X992, GENERAL ELECTION The vote was unanimously in favor. Motion carried. MOTION made by &hrens, seconded by Jansen to adjourn at 7:50 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk Hoisington Koegier Group Inc. MEMORANDUM TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: November 4, 1992 SUBJECr: Zoning Code Modifications At the public hearing on September 8, 1992, the City Coundl discussed a number of items pertaining to the proposed Zoning Code modifications. Specifically, they are interested in obtaining additional input from the Planning Commission on the issue of lot size. Should all newly created lots have a minimum size of 10,000 square feet or should minor subdivisions within existing R-2 or R-3 zones use a 6,000 square foot lot minimum which may be more consistent with surrounding existing lots? The City Council also requested additional input on the issue of the location of sheds, particularly for lakeshore properties. If the Planning Commission has any additional input on either of these two topics, it will be conveyed to the City Council at the hearing scheduled for November 10, 1992. The hearing on the 10th is scheduled to be continued until November 24, 1992 in order to prepare any modifications or changes that are deemed necessary due to public input received. I~nd Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 ' Fax: (612) 835-3160 Notice of Public Hearings for Minnegasco rate increase. Pg. 3923 3653 MINUTE8 - HOUND CITY COUNCIL - 8EI~EHBER ~ 1992 1.2 PUBLIC ~ARING~ IONIN~ COD~ #ODIFICA?ION~ The City Planner highlighted his memo to the Council, dated September 1, 1992, on the proposed changes for the Zonin~ Code. He explained that at a recent Committee of Whole Meeting, the Council expressed the desire to delay final action on adoption of the modifications until the shoreland management ordinance is completed. The shoreland management draft is due to coma bafora the Committee of the Whole meeting on September 29, 1992, coming back on October agendas as needed and then the public hearing on November 10th and 24th. He tharefore, suggestad that the Council continue this hearing until November 10, 1992, when the shoreland provisions are scheduled for a hearing. The Mayor opened the public hearing. MIKE MUELLER, 5910 Ridgewood Road - statad that he did not agree with the lO,000 square foot lot requirement in areas that have alraady been developed into a majority of 6,000 square foot lots. He felt in these araas, 6,000 square feet was more conducive to the neighborhoods. There was discussion about the following: a. Thera has to be some differentiation between splitting raw land and splitting and combining lots of record. b. The need to put some major and minor subdivision languaga into this ordinanca so there is a differentiation between the two. c. Also discussad was the fact that at the presant time the minor subdivision language does not allow for variances. d. The way the ordinanca is proposed the requirement is 10,000 square feet for subdivision in any case. The only way that you can build on under 10,000 square feet is on a lot of racord. The intent is good but there is a point that this does not take in the whole city and could cause problems. The Plannar suggasted he take these items to the Planning Commission and check on the subdivision section (the minor versus major) and how that can be tied into this ordinance. Councilmember Jensen suggested that befora the November 10th hearing the Council think about the following: a. Locations of sheds on lots (lakeshore or non lakeshore lots). b. If the language in section 23.506.2 subd. (5) conveys that if a variance is not used within one year only 1 extension of that variance will be allowad and then a new variance would have to be appliad for. Councllmember Smith asked the Building Official at what height of a retaining wall do you need a railing? The Building Official statad that it depands on what the area around the rataining wall is used for. If it is ganeral landscaping of a yard and not used for picnicking then a guard rail would not be required at all whatever height (could be 6, 8 or 10 feet and no guard rail would be required). If the area was to be used as a patio area, for instance, at the point of 30 lnchas, a guard rail would be required (anything over 30 inches, Just like a dack). He commented that in Section 23.302, subd. (106), (5), he and the City Plannar plan on changing the wording to read as follows: (5) retaining walls not having or requiring a railing and not exceeding = I/~ ~ feet in height. The Council asked that the PlA (Planned Industrial Area) be clarified a little better. MOTION ma4e b~ Jansen, seconded by Smith to continue this public hearing until November 10, 199~ at which time the Council will also be discussing the shoraland management ordinance. ?he vote vas unanimously in favor. Notion carried. Hoisington Koegter Group Inc. MEMORANDUM TO: Mound City Council and Staff FROM: Mark Koegler, City Planner DATE: September 1, 1992 SUBJECT: Zoning Code Modifications On September 8, 1992, the Mound City Council will hold a public hearing on proposed modifications to Mound's Zoning Ordinance. At a recent Committee of the Whole meeting, the Council expressed the desire to delay final action on adoption of the modifications until the shoreland management ordinance is completed. Therefore, it will be necessary to defer action on the ordinance change and continue the public hearing until November 10, 1992. November 10, 1992 is the scheduled hearing date for the shoreland provisions. The proposed changes will modify a number of sections of the existing Zoning Code. The following is a brief summary of some of the highlights: The names of the residential districts will be changed to reflect the nomenclature commonly used by other municipalities. These changes include: Old New R-1 will remain R-1 R-2 will become R-lA R-3 will become R-2 R-4 will become R-3 2. Permitted, conditional and accessory uses will be presented in chart form rather than in narrative form. 3. Changes and additions are proposed for the definitions section. New accessory building provisions have been added. They relate to the number of allowed structures, floor area and the relationship between the structure the lot. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 * (612) 835-9960 · Fax: (612) 835-3160 Zoning Code Modifications Memorandum September 1, 1992 Page Two e Sheds and storage buildings less than 120 square feet in area will be required to be placed in the rear yard area. All newly created lots are to have a minimum size of 10,000 square feet. Lots of record in certain districts are required to maintain a minimum of 6,000 square feet. Maximum building coverage on residential lots is limited to 30% of the total lot area. Note: The shoreland ordinance will expand this provision to include all impervious cover. New landscaping provisions have been added for multi-family residential, commercial and industrial developments. A new section on acceptable building materials has been added. It contains the following: Residential - encourages a variety of roof styles, roof pitches, exterior surface materials, etc. to promote housing style diversity. Commercial - prohibits unadorned, prestressed concrete panels, concrete block and sheet metal. Pole buildings are prohibited. PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF A PUBLIC HEARING TO CONSIDER MODIFICATIONS OF THE MOUND ZONING CODE Mound City Code, Appendix B NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, Mound, at 7:30 p.m. on Tuesday, September 8, 1992 to solicit the public's input relating to proposed modifications of the Mound Zoning Code. The proposed modifications include, but are not limited to, changes to Section 4. General Provisions, Section 6. District Provisions and Section 7. Performance Standards. Included in the changes are provisions impacting lot size, building setbacks and acceptable building materials. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. C ark~ City Clerk Published in "The Laker" August 17 and 24, 1992. NINUTES ' NOUND CITY ¢OUNCIt ~Y 26, 1992 1.14 SET PU~LI~ ~EARIN~ FOR ZONING CODE MODIFICATION SUGGESTED DATE: SEPTEMBER S, 1992 MOTION made by Jensen, seconded by Smith to set September 8, 1992, at ?~30 P.M. for a publio hearing to consider Zoning Code Modifications. The vote was unanimously in favor. Motion carried. MINUTE8 OF & MEETING OF THE -MOUE) ADVISOR¥ PLANNING FEBRUARY lO~ pROPOSED SONXNG CODE ~ODXFXCATXONSI PUBLXC HEARXNG, The City Planner, Mark Koegler, reviewed a summary of proposed revisions to the Zoning Code, as follows: 1. Changes in Residential District names: 014 New R-1 to R-1 R-2 to R-lA R-3 to R-2 R-4 to Permitted, conditional and accessory uses presented in chart form rather than narrative form. 3. Definition changes / additions. Accessory Buildings - New provisions pertaining to number, floor area and relationship to lot area. Sheds and Storage Buildings (less than 120 square feet required to be in the rear yard area). 0 All newly created lots are to have a minimum size of 10,000 square feet. Lots of record in certain districts are required to have a minimum of 6,000 square feet. Maximum building coverage on residential lots - 30% of the total lot area. Se New landscaping provisions for multi-family residential, commercial and industrial developments. 9. New Acceptable Building Materials Section: Residential - encourages variety of roof styles, roof pitches, exterior surface materials, etc. to promote housing style diversity. Planning Conission MXnu~es February 10, 1992 Commercial - Prohibits unadorned, prestressed concrete panels, concrete block and sheet metal. Prohibits pole buildings. In addition to these items, there are a 10t of housekeeping items, such as correcting grammatical errors. Clapsaddle questioned if Section 23.740.4 relating to Pole Buildings covers what the Planning Commission intended it to prohibit? Is Pole Building the proper term? The City Planner commented that those materials prohibited in 23.740.3 should eliminate any concerns. Welland commented that 23.740.6 provides for an appeals process. It was determined to leave the section as proposed, at this time. Chairman Bill Meyer opened the public hearing. There being no citizens present to speak on the issue, Meyer closed the public hearing. Mueller confirmed with the City Planner that the residential and commercial driveway access width was addressed. Mueller referred to Section 23.610.4 1.C. "The total number of accessory buildings for lots measuring 10,000 square feet or less shall be two (2). On lots exceeding 10,000 square feet, accessory buildings shall be limited to a total of three (3)." The City Planner confirmed that this provision applies to all Residential districts; all lots exceeding 10,000 square feet are allowed three (3) accessory buildings. Mueller referred to Section 23.506.2 (5) relating to variance extensions, as follows: "The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. Such petition shall be presented to the Planning Commission for a recommendation to the City Council for a decision." The intention of the Planning Commission for variance extensions was clarified that only one extension would be allowed and then a full variance application would be required thereafter for the same request. Hanus referred to Section 23.407 (7) relating to sheds and storage buildings less than 120 square feet in floor area, he believes they should be allowed to be located in the front yard for lakeshore and through lots. It was suggested that sheds be allowed to be placed in the front yard if only behind an accessory building and between this accessory building and the house so it is hidden. It was questioned if aesthetics should be controlled with the zoning code. The City Planner reviewed the Zoning Ordinance's Plannfng Commission Minutes fobru&r~ lO, lot3 Intent and Purpose Section, and two of these listed include promoting orderly development, and conserving the natural and scenic beauty and attractiveness of the city. Some Commissioners contemplated leaving the section as proposed, implying that it is better to have more enforcement available than not enough. Johnson suggested that if sheds are allowed to be placed in the front yard, performance criteria could apply, i.e. require the siding, roofing, and color match the principal dwelling and it should be constructed with quality materials. Since a consensus relating to sheds was objectionable, the commission moved forward with review of the balance of the zoning code modifications. Jansen questioned what type of structures are included in the maximum lot area coverage of 30%. The City Planner referred to the definition of "Structure - Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except the following: (1) on-grade stairways and steps not exceeding 6 feet in width and landings connected to such stairways or steps not exceeding 6 feet in width and 6 feet in length; (2) boardwalks not exceeding 6 feet in width; (3) driveways not exceeding 20 feet in width; (4) sidewalks not exceeding 6 feet in width; and (5) retaining walls not having or requiring a railing and not exceeding 3-1/2 feet in height." The Building Official confirmed that he would consider a deck a structure. The City Planner stated that the State Shoreland Management Ordinance allows for only 25% of lot area to be covered, and this includes impervious surfaces, so what is now proposed is considered lenient. Within one year this section of the zoning ordinance may need to be revised to comply with the Shoreland Regulations, however, at this time, these proposed requirements should be sufficient. Chair Meyer reviewed the outstanding issues which include 1) Sheds and other buildings less than 120 square feet in area, and 2) Lot coverage requirements. Meyer suggested that the ordinance be moved forward to the Council stating these outstanding concerns. Johnson questioned if Planning Commission will have the chance to review the modification of language relating to variance extensions. MOTION made by Mueller, seconded by Voso to recommend approval of the soning code modifications with the exception that the language in Section 23.$06.2 ($) relating to variance extensions be revised aa discussed by the Planning commission. Notion carried 8 to l, Those in favor were~ Welland, Clapsaddle, Mueller, ~ohnson, Meyer, Voss, Michael, and Jensen. Hanus opposed. Marius stated that he opposed due to the requirements for sheds. The zoning code modifications will be forwarded to the City Council for review. A public hearing date has not been set yet. CITY OF MOUND MOUND, MINNESOTA NOTICE OF AN INFORMAL PUBLIC HEARING TO CONSIDER MODIFICATIONS OF THE MOUND ZONING CODE Mound City Code, Appendix B NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, Mound, at 7:30 p.m. on Monday, February 10, 1992 to solicit the public's input relating to proposed modifications of the Mound Zoning Code. The proposed modifications include, but are not limited to, changes to Section 4. General Provisions, Section 6. District Provisions and Section 7. Performance Standards. Included in the changes are provisions impacting lot size, building setbacks and acceptable building materials. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Cl'erk Published in "The Laker" January 27, 1992. Hoisin ton G oup Inc. LAND USE CONSULTANTS MEMORANDUM TO: Mound Planning Commission FROM: Mark Koegler, City Planner DATE: February 5, 1992 SUBJECT: Public Hearing - Zoning Code Modifications On February 10, 1992, the Mound Planning Commission will hold a public hearing on proposed modifications to Ordinance #422 which is commonly known as Mound's Zoning Ordinance. The attached information includes all modifications that have been proposed to date. Further modifications of the Ordinance are possible depending on the testimony received during the public hearing process. After conclusion of the Planning Commission public hearing and further deliberation on the issue, the proposed modifications will be reviewed by the Mound City Council who will hold another public hearing prior to formal adoption of any changes. 7401 Metro Blvd. · Suite 340 · Minneapolis. MN 55439 · (612) 835-9960 FORMAT CHANGE Chart C (Uses - Residential Zones) and Chart D (Uses - Business and Industrial Zones) are to be inserted in lieu of the verbal descriptions of permitted, conditional and accessory uses. This change will impact the following sections of the Mound Zoning Code: 23 604.2 23 604.3 23 604.4 23 605.2 23 605.3 23 605.4 23 610.2 23 610.3 23 610 4 23 620 2 23 620 3 23 620 4 23 625 2 23 625 3 23 625 4 23 630.2 23 630.3 23 630 4 23 635 2 23 635 3 23 635 4 23 640 2 23 640 3 23 640 4 23 650 5 USE TABLE C USES - RESIDENTIAL ZONES R-1 (R-2) R1 -A (R-3) R-2 (R-4) R-3 Single-Family Detached Residences Two-Family Residences Twin Homes Townhouses Lodging Room (1 per single-family unit) Multiple Dwelling Unit Structure (3-6 units) Multiple Dwelling Unit Structure (over 6 units) Garages Accessory Buildings Accessory Grocery Store Cemeteries Churches Commercial Recreation Community Residential Facilities (16 or less) Community Residential Facilities (6 or less) Fences Gardening and Horticulture Uses Home Occupations Licensed Daycare (12 or less) Licensed Daycare (13 or more) Local Government Buildings P C C P A A P P C C P A C C P A A P P C C P P C C A C C P A A P P C C P P C P A P C A A C C C C P P A A P C USE (R-2) (R-3) (R-4) R-1 R1-A R-2 R-3 Nursery Schools Nursing Homes Offices (limited) Off-Street Parking Docks Public and Private Schools Public Park and Recreation Recreational Equipment Swimming Pools U Changes/Clarifications C C C A A C P A A A A A A C C P P A A A A Key: P Permitted Use C Conditional Use A Accessory Use - Not Allowed Note: Information includes proposed Zoning Code modifications. C C C A A C P A A 2 $$ 75 USE TABLE D USES - BUSINESS AND INDUSTRIAL ZONES B-1 B-2 B-3 I-1 PlA Accessory Structures other than Garages Animal Hospital[~r Kcnn¢l~-1 Assembly/Storage (limited) Auction Hall Auto, Bus and Truck Maintenance Garages Banks Barber and Beauty Shops Boat and Marine Sales Buildings over 35 feet in height Business or Trade School Bus Terminal and Taxi Stands Car Wash Churches Commercial Parking Lots (limited) Commercial Recreation Community Residential Facilities (16 or less) Community Residential Facilities (6 or less) Consignment Shops Construction and Special Trade Contractor Cultural and Fraternal Institutions Delicatessen and Dairy Store Drive-In Retailing Establishments Drug Store P P P P C C P P C C - C P P C C C C C C C P P C C C C C C P P C C P C C P C C [3 C P C P P C C P P C C USE B-I B-2 B-3 I-1 PlA Grocery Store Health Club, Fitness Center and Dance Studios Home Occupations Hospitals and Clinics Household Goods Warehousing and Storage Incidental Repair or Processing (limited) Institutions and Non-profit Corporations (limited) Laundry and Dry Cleaning Licensed Day Care Facilities~-o~--tess.)3 Liquor 'Stores Major Auto Repair, Tire, Battery Stores Medical and Dental Clinics Minor Auto Repair, Tire, Battery Stores Motel and Motor Hotels Motor Fuel Station Motor Fuel Station, Convenience Store Multiple Dwelling Structure Newspaper Printing or Publishing Shops Offices Open Sales Lots Private Lodges and Clubs Private Garages, Off-street Parking Public and Private Utility Uses Public Buildings Public Park and Recreation ['~ublic and Private Schools--I P P P P P P C P C P P P P P P P P ~ P P P P P A A - P P C C - P P P c C C P P - p C C - C - C C C C ~ C C C C C P C C C C P P P - C - C P P - p - A A - P P USE B-1 B-2 B-3 I- 1 PlA Refrigerated Warehousing Research Laboratories E. esldcn:ia: ,~.ccesscW'~ Restaurants (Class I) Restaurants (Class II) Restaurants (Class III) Restaurants (Class IV) Retail Businesses Retail and Mail Order Businesses Service Shops Single-Family Detached Residences Tavern Television and Radio Stations Temporary Construction Buildings Theaters Townhouses Twin Homes Two-Family Dwellings Warehousing and Wholesaling (limited) Wholesale and Assembly Operations - p P P P C C - C C C - C C C - C C C C P P P C p P P P C C C - C - C P P - p - C C P P C F-I Changes/Clarifications Key: P Permitted Use C Conditional Use A Accessory Use Not Allowed Note: 1. Information includes proposed Zoning Code modifications. 2. See Zoning Code for complete list of PlA uses allowed by Operations Permit. 3 ,7g printed 4/20/92 23.302 DEFINITIONS The following are additions and modifications to the definition statements now found in the zoning ordinance. (1) (4) Accessory Building - An accessory building shall be considered to be an integral part of a principal structure unless it is five (5) feet or more from the principal structure or use. ~iiiiiiiili~~iiiiii~ Alley - A public right-of-way which affords a secondary means of access to abutting property. ....................................................................................................................................................................... ............................. ::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................. ::::::::: ......................... (106) Structure - Anything constructed ~iiiiiii~~, the use of which requires more or less perm:~;~:~:~:~:~:~:;:i:~:~:~:~tion on the ground or attached to somethin~ having. a permanent location on the ground, ~iiiiiii!~ii?~:~~i:.:.~~ ~ .... :::::::::::::::::::::::::::::::::: ............... ~:::~ ::.:~:...~ .... ..~.~...~..~' ~..:.~...~ ~. :~....~ ...... . ~ printed 4/20/92 23.404 NON-CONFORMING USES Based upon the recommendation of the City Attorney, the following change is recommended: 23. 404 (8) Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or ~"'" ^~ ~- ~"~'~-~ with the recommendation and approval of the City Council. 23.407 ACCESSORY BUILDINGS The following changes are proposed for this section: 23.407 (3) In Residential Districts, .no accessory building h i t ' 23.408 REQUIRED YARDS AND OPEN SPACE 23.408 Required Yards and Open Space 2 printed 4/20/92 (1) No yard or other open space shall be reduced in area or dimenSiOn so as to make such yard or other open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (2) (3) No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building. The following shall not be considered to be encroachments on yard requirements. ornamental features, mechanical devices, cornices, eaves, gutters, and the like, provided they do not extend more than two (2) feet into a yard ~ii!ii~~diiii!ii~rdi!~ea~i be ~ ....... Ste s, uncovered porches, stoops or similar ~h~~ structures, which do not extend i~'~'"'"~'i'~ion above the height of the ground floor elevation of the principal building and do not extend to a distance of less than two (2) feet from any lot line. Ce Decks, balconies, and the like, attached to the principal building which extend in elevation above the height of the ground floor elevation of the principal bu i 1 d i n g.~i~-ii~=ii==iiiii==ii~ rear lot line or extend beyond side yard and front yard accessory buildin~ setbacks. ~h :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 3 printed 4/20/92 (4) (5) (6) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ;::;;:;;:::;: ::::::::;;;:::::::;:::;: :::::::::::::::::::::::::::::::::::; ...,.;:::::::;:;::::::::::::;:::::: :......; ;;:;::: Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured. Lots which abut on more than one street shall provide the required front yards along every street except for lots of record which shall provide a side yard setback abutting the street based on the lot width as follows: Lot Width Minimum Side Yard Setback On Corner Lots 40-50 feet 51-80 feet 81 feet or more 10 feet 20 feet 30 feet Where adjoining structures existing on the effective date of this Ordinance have a shorter setback from that required, the front setback of a 4 printed 4/20/92 new structure shall conform to the average of the setback observed.b~:the adjoining houses on either side, but not closer than twenty (20) feet. (7) In all districts, principal structures shall be fifty (50) feet or more from the mea~ ~in~ high water line when the property abut~ .............. ~ ............... ~:~'~e or stream. No structure, except piers and docks, shall be placed at an elevation such that the lowest floor, including basement floors, is less than three feet above the highest known water level. (8) No building permit shall be issued for any lot or parcel which does not abut a public street. 23.409 ACCESS DRIVES AND ACCESS The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow. Access drives onto county roads shall require a review by the County Engineer. The County Engineer shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The Administrator ~!~i~i~ii~ ~i~i~i~i~ shall review all access drives (drivewa~i ............... k~ ~l'[~hce with accepted community access drive standards. 5 printed 4/20/92 ~.~._.driveways shall have a minimum width of ~ ii~ii~igi~.i feet with a pavement strength capable of supporting emergency vehicles. Ail lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from an existing dedicated ~.~~ public roadway. 23.412.2 STANDARDS AND REGULATIONS FOR PLANNED DEVELOPMENT AREAS The last paragraph of this section is changed as noted: The City Manager or Clerk shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's Escrow Account shall ~iiii?~!~i be furnished a copy of said itemized charges and:~'~'~::::~~:~*~::~emaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. 23.505.3 PROCEDURE The last paragraph of this section, item #11 is changed as noted: The City Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the ~.~.~..(s) in the Developer's Escrow Account shall ~~i~il be furnished a copy of said itemized charges ~~*'*:remaining in the account upon completing the projec% shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. 23.506.2 PROCEDURE Item #5 of this section is changed as noted: printed 4/20/92 SECTION 6. DISTRICT PROVISIONS 23.601 23.602 Zoninq Districts For the purpose of this Section, the City divided into the following use districts: R-1 Single Family Residential R 2 ~'-- .... ~c .~ ..... iz ~-~' '-- ....... ~ R~sidcntial ~::~}~::~}~::~}~~}}~~~.....~?~i~J~[~[~...':.:.:.~~!W'':<<><<:: ~"::.:?>~i:i.W~.'::.::~::~.:.~..~.:.:..::<-::<.:.:::..:.::..::::.:.:::...:: · .~ -~ ~ulti-Fa=ily Residential B-1 Central Business B-2 General Business B-3 Neighborhood Business I-1 Light Industrial Zoning Map is hereby 7 printed 4/20/92 The Zoning Map of the city, marked Exhibit A and attached hereto, is hereby adopted by reference. ~- ~ .... ~ -~ .... "- alld~t~lo~ ~" .... ~ "- The boundaries of the Districts are hereby established as shown on said Map. A revised, updated copy of said map shall be kept on file in the office of the City Manager, or Manager's designate for reference as the Official Zoning Map. 23.603 23. 604 23. 604.1 23.604.2 District Boundaries District boundary lines as indicated on ~ ~ i~9~i~iiii~ follow lot lines, the center line of stree{'~=':~:~ {~'~'""~'~'~'~ lines of streets projected, the center line of railroad right-of-way, the center of water courses or the corporate limits lines, as they exist, upon the effective date of this Section· Single Family Residential (R-l) purpose The ~ purpose of this district is to allow the continuation of existing residential development and ~-~'~-~ ~iiiiii~i~i of existing lots in ~ residential ................ ~'~:~:~'~ ............. ~:f the City where services are available· Permitted Uses Within the R-1 District, no structure or land shall be used except for one or more of the following uses: Single-family detached residences, limited to one dwelling per lot. A State Licensed Community Residential Facility servicing six (6) or fewer mentally retarded or physically handicapped persons. 23.604.3 23.604.4 printed 4/20/92 4. Home occupations Conditional Uses Within the R-1 District, no structure or land shall be used for the following ~eee except by conditional use permit: 1. Local government buildings 2. Churches 3. Cemeteries '.'.'A". . ~ ~ ............... .....:....~ ... Permitted Accessory Uses Within any R-1 District the following uses shall be permitted accessory uses: 2. Fences 3. Gardening and other horticultural uses where no 9 printed 4/20/92 sale of products is conducted on the site. One lodging room per single-family dwelling. {~ ~~<~~ Equipment ~ Docks in accordance with Minnetonka Conservation District the Lake ~ swimming pools having a water depth of two (2) feet or more which are operated for the enjoyment and convenience of the residents'of the principal use and their guests provided that the following conditions are met: Pools shculd bc located..~--' less ~ any - pr p ty ........ ~r 10 3/og printed 4/20/92 Ce The swimming pool shall be entirely enclosed by a protective fence or other permanent structure not less than five (5) feet nor more than six (6) feet in height. Such protective enclosures shall be maintained by locked gates or entrances when the pool is not tended by a qualified and responsible person. 23. 604·5 Lot Area, Height, Lot Width, Yard Requirements No building hereafter erected shall exceed two and one-half (2½) stories or thirty-five (35) feet in height. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. Minimum Lot Area Minimum Lot Width Front Yard 'Side Yard Rear Yard Minimum Lot Depth 10,000 sq.ft. 60 feet 30 feet 10 feet 15 feet 80 feet The following minimum setback requirements shall be observed for Lots of Record. Side Yard Requirements The required side yard setback shall be a minimum of 10 feet. Lot Width Minimum Setback on One Side Yard 11 printed 4/20/92 k40,~79 feet 80-100 feet kl01 feet 6 feet 8 feet 10 feet Front Yard Except as regulated in Section 23.408(6), the front yard setback shall be based on the lot depth as follows: Lot Depth Minimum Front Yard Setback ~60 feet 20 feet 61-80 feet 24 feet ~81 feet 30 feet 605 SINGLE F~ILY n=o, .... m,~, (R 2) 23.605.1 Purpose 23.605.2 Permitted Uses ~ ..................... 23.~04.2 12 printed 4/20/92 23.605.3 23.605.4 Conditional Uses ~ ~ ~ ........ pcrmitted ...... :.. :+:.:.: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: Permitted Accessory Uses 13 printed 4/20/92 2. Fences 3. Gardening or other horticultural uses where no sale of products is conducted on the site. 4. One lodging room per single family dwelling. 5. Recreational Equipment ............................ 23.605.5 Lo~ Area, Heiqht, Lot ~idth, Yard and Requirements ~.. :::~;:i:k...L*~ ~ ::::::~ ::;:8:;::: :::::;~ ::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::: ~::::::~ ~ ~ ~ ~:::::: ::::::: h:: ~::::::~ ~ hd :: :::::::i: ..: ~ :::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: .............................................................................................................................................................. 14 printed 4/20/92 23. 610.1 purpose The R--D ~ District is intended to provide a district 15 printed 4/20/92 which will allow two-family residential dwellings and twin homes .............. · ............ upon review. 23.610.2 Permitted Uses Within any Two-family Residential District, no structures or land shall be used except for one or more of the following uses: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::h:: ========================================================= 23.610.3 Conditional Uses Within the R--~ ~21?iiiilDistrict, no structure or land shall be used for the-f6i'lowing uses except by conditional use permit: 16 printed 4/20/92 Two-family dwellings and twin homes may be divided into single parcels of record with the party wall acting as the dividing lot line and subject to the following conditions: Each of the lots created in subdividing lands on which a two-family structure is located shall be equal in area or as near equal as is reasonably possible. Each lot so created shall contain no less than ½ the minimum land area requirement for a two family dwelling, and shall be shown on a registered survey. Except for setbacks along the common property line, all other setback and yard requirements shall be met. Separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone and other utilities. The two-family units, either existing or proposed, must be constructed in a side-by- side manner. To protect the safety and property of the owner and occupants of each individual unit, no existing eh~~fa~ii~ structure may be split into two sep~:~:{~:~ships unless and until the common party wall fire rating is brought up to new construction standards contained in the Uniform Building Code (UBC). party wall ~-= -- p i - ~ I ~ -~ ~- -~-~" "~ rty all p id d ~"~ ~z -~. Pa w s must rov e soun transmission control ratings as per .... ~ 35 ~ the UBC. The owner of property to be subdivided shall execute and record at their expense a 17 printed 4/20/92 "Declaration of Covenants, Conditions and Restrictions,, as approved by the City Attorney. Said document is necessary to protect the rights of the individual owners sharing a single structure and the public as it relates to but not limited to such things as maintenance, repair and construction in case of damage to the original structure and sanitation. The declarations, covenants, conditions and restrictions shall provide protection to the property owners and the City on the following subjects: A. Building and use restrictions. B. Party walls. Co Relationships among owners of adjoining living units and arbitration of disputes. The intent of these regulations is to promote harmony between the neighbors sharing a single structure and to protect the City and neighborhood from improper maintenance and/or disputes such as the following examples: one living unit being painted one color and the other unit having a different color or one side of the structure having one roof color and type of roof and the other side being of a different type and color. The city is concerned that all such disputes be avoided and that the regulations contained herein are designed to establish the rights of the parties prior to their entering into joint ownership of one structure. The City shall be a beneficiary of these declarations, covenants, conditions and restrictions. The authority to divide a single structure containing two dwelling units shall be subject to Section 22 of the City Code relating to park dedication and other subdivision requirements and the City Council may impose other reasonable conditions. 23.610.4 Permitted Accessory Uses Within any R--~ R~i~i district, the following uses shall be 18 3/o'/i: printed 4/20/92 permitted accessory uses: ............. ~ ..................... 23.~04.4 >.'.'..'-'. '-'-'-<':':-:':~':' ~ ::~:~:: ~i~s:~:::::::~:::::~:~:~-'-'.~:~::::::-:: :::[~:~:~:~ ::::: ~:~-::~::::-:$~: ~:~:~:~:~:~:~ :~: ~:~:~:~f~: ::~:::::~:~ :: :::~:: :::::u.: :$::::: :~:~ :::::: :::: :::~'..~f~[~::.:.:.:::.:.:.:.:.:.:.~.:.:.:.:.:,:.:.:.:.:~:,:.:.:.::,. ,~ff~.:.:.:::.:...,~-......[~ ~[~[~[~ k.....:,...:::..;): Fences Gardening and other horticultural uses where no sale of products is conducted on the site. One lodging room per single-family dwelling. Recreational Equipment Docks in accordance with the Lake Minnetonka Conservation District Swimming pools and hot tubs subject to Section ~-3.~04.4 (7). 19 s ?7 printed 4/20/92 printed 4/20/92 All Lot Area, Height, Lot Width and Yard Requirements for Two Family homes shall apply to twin homes unless separate requirements are specifically provided. 21 printed 4/20/92 RESIDENTIAL ~,. 7) 23.620.1 Purpose The R--~ ~ multiple-family district is intended to provide a ........... district which will allow multiple-family dwellings where proper relationships to other land uses and adequate transportation services exist. 23.620.2 Permitted Uses Within any R-~ ~ District, ,no structure or land shall .~..........~..~.~.~..........~.~.~.~.~_... ~.~.~.....~.~.~.....~....~'.~ ~ ~.~ ~,~ ~Y~.~Y~ ~f.~ P~ ~ Multiple dwelling structure (3-6 units) e~ ~f~i~~i~iiii!ii~A~h~a and two family '"'"':':':':': ::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: =========================== ::::::::::i:~::::: :::::::::::::::::::::::::: dwe 1 ii ngs 22 printed 4/20/92 Townhouses !!(ii~i~i~!il ~,~ ~ii Community Residential Facilities subject to the following conditions: ae It shall not be located in a two-family dwel 1 lng. Be No more than 16 community residential facility residents may be housed in excess of the persons allowed by the definition of "family", except for structures designed or newly built specifically for such use may allow a greater number provided that all other conditions of the Conditional Use Permit are met. De The minimum lot size is that prescribed ::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :2 A minimum distance of 300 feet will be required between lots used as Community Residential Facilities. 23.620.3 Conditional Uses Within the Multi-Family Residential District, no structure or land shall be used for the following uses except by Conditional Use Permit: Multiple dwelling unit structures (over 6 units), according to Section 2~.730 ~i!~ii~i~ii~i :::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: 2. Nursing Homes 3. Nursery Schools 4. Churches 5. Commercial Recreation 6. Cemeteries 23 printed 4/20/92 7. Schools 8. Local Government Buildings Accessory grocery store in apartment complex containing 100 or more units, provided it serves the principal structure and is smaller than 400 square feet. 10. Offices of persons engaged in the engineering, medical, dental, accounting or legal profession or for religious or philanthropic organizations, subje.ct_to.~performance standards 11. Twin Home dwellings which shall be subject to the --~ 23 ~I0 5 requirements of Sections 23.610.3, 23.620.4 Permitted Accessory Uses Within any R--~.........._.....~. District, the following uses shall be permitted acceS~'~fy uses: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 3. Fences Gardening and other horticultural uses where no sale of products is conducted on the site. 24 printed 4/20/92 One lodging room per single-family dwelling Recreational Equipment e Docks in accordance with Conservation District the Lake Minnetonka Swimming pools and hot tubs subject to Section 23.604.4 (7). 23.620.5 Performance Requirements for Townhouses Height limit: Two and one-half 2 (%) stories or thirty-five (35) feet. e The following minimum requirements shall be observed: Be Minimum 3 unit structure - 5,000 sq.ft./unit Lot 4 unit structure - 4,500 sq.ft./unit Area 5 unit structure - 4,000 sq.ft./unit 6 unit structure - 4,000 sq.ft./unit Minimum Setbacks Front - 30 feet Side - 20 feet Rear - 20 feet C. Off-street parking requirements: Two per unit, at least one of which shall be indoors. If the indoor parking is a part of the main structure and is set back at least 25 feet, and has an individual driveway for each unit, one off-street parking space may be credited for the portion of the driveway which shall be set back at least five feet from the public right-of-way. Any off-street parking located other than within the front yard area described above and serving more than one dwelling unit shall not be located closer than 10 feet from the principal structure. De No more than one townhouse shall be located on any one platted lot, if more than one platted lot is used for said construction, the owner shall be required to replat said lots in accordance with Chapter 22 of the City Code. The Council may waive said platting requirements upon recommendation of the 25 3763 printed 4/20/92 Planning Commission and upon receipt of a signed statement from the owners combining said lots into one buildable parcel, said combination to be filed with the County Auditor and taxed as one parcel. Individual townhouse units may be conveyed or ownership transferred if copies of articles of incorporation, association bylaws, or other covenants are presented to the Council and said documents setting forth conditions for transfer are approved by the Council. Such approval shall not be given until the aforesaid documents shall be filed with the County Recorder or the Registrar of Titles and all future owners of townhouses or units in the individual townhouse shall be bound by the conditions and covenants set forth in said documents. A certified copy of the documents filed with the County Recorder or the Registrar of Titles shall be filed with the City Clerk. 23.620.6 Lot Area, Height, Lot Width, Yard, and ~!!ii~i~9~!g~ Requirements other than Multi-family Dwelli~~'~'~'~'~:~'''~'~'~'~'~'~'~ .......... ~? (Section 23.620.7 remains unchanged) 23.625.2 PERMITTED USES (B-l) 26 printed 4/20/92 Under Section 23.625.2, remove the listing "Physical culture and dance studios" and replace it with "Health Club, Fitness Center and Dance Studios". 23.701 SECTION 7. PERFORMANCE STANDARDS PURPOSE The performance standards established in this section are designed to encourage a high standard of development by lane uses. ~.iI Lc compa~lSI=. The perfo~hce standards are designed to prevent and eliminate those conditions meet these standards. The standards shall also apply to existing development where so stated. The City Manager shall be responsible for enforcing the standards. Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The ~ or landv...~ ~i~ shall supp~y ~i~ata necessary to demonstrate .............. ormance. ~uc ~a =a nc~u~e 23.702 EXTERIOR STORAGE (No Modification Proposed) 23.702 REFUSE (No Modification Proposed) 23.704 SCREENING AND BUFFERING Screening shall be required in all residential zones where (a) any off-street parking area contains more than four (4) parking spaces and is within thirty (30) feet of an adjoining residential zone, and (b) where the driveway to a parking area of more than six (6) parking spaces is within fifteen (15) feet of an adjoining residential use or zone. Where any business (structure, parking or storage) is 27 printed 4/20/92 adjacent to property zoned or developed for any residential use, that business or industry shall provide screening along ~-~..~ .v~. ~ .... .~ ..... z v~ i~iiiiiii!i~~iiiii!ili~ the residential property. Screening where a business, parking lot, or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the ""~'~:-- ' ..... Ail exterior storage in commercial districts shall be screened. The exceptions are: (1) merchandise being displayed for sale; (2) materials and equipment presently being used for construction on the premises; and (3) merchandise located on service station pump islands. All exterior storage in commercial districts shall not impede traffic control and must follow Section 23.714 of this Ordinance. ..... landscap~n~ ~t ..... th~ scrocn~n~ .... --~ pavement 28 printed 4/20/92 29 37~7 printed 4/20/92 ~:~::::~~e~~~ ............................................................................................................................................. ' ............................................................................................................ ':~?'.','.:.:::-:::::-:::::.'": :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: >:,:+>...:.:.. .............. ... .............................. ................. .... ................................................................................................................. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: The following restrictions shall apply to all development occurring in wooded areas: 1) Structures shall be located in such a manner that the maximum number of trees shall be preserved. 3O printed 4/20/92 2) 3) 4) 5) Prior to the granting of a building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape. Development including grading and contouring shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering equal to one- half the crown area. Notwithstanding the above, the removal of tr~es ~erious!y- damaged by storms, ~ no~ De prohibited. ' ............................. 23.706 GL~E (No Modification Proposed) 23.707 BULK STORAGE (No Modification Proposed) 23.708 NUISANCES (No Modification Proposed) 23.711 SOIL EROSION AND SEDIMENTATION CONTROl, Proposed) (No Modification 23.713 TREE AND WOODLAND PRESERVATION This section has been relocated and integrated into 23.705.7(C). 23.714 TRAFFIC CONTROL (No Modification Proposed) 23.716 PARKING (No modification except as noted below) 31 printed 4/20/92 23.716.3 Desiqn and Maintenance of Off-Street Parking Areas 1) Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed ~ .... ~" ~"~ (22) ~"~<~f~/(2~)<~i~feet in width and ~ n ~ · · ~ ~ n ~ :::::::::::::::::::::::::::::::::::::::::::::::: :.;.:: ::.:.:!: :.:!iiiil i:i... :::. ~ :!:::i:~ shall be so locaf~a ~ '"~ ...... Cause the least interference with traffic movement. ............ ~..~. All ~ .... ff ~t~t for ' g antln -~- ~ ~ ........ the s ace 23.717 OFF-STREET LOADING AND UNLOADING Modification Proposed) AREAS (No 23.718 AUTO SERVICE STATIONS (No Modification Proposed) 23.719 DRIVE-IN BUSINESS DEVELOPMENT STANDARDS Modification Proposed) (No 23.730 OFFICES IN MULTI-FAMILY DISTRICT (R-4) Modification Proposed) (No 23.731 CARWASHES (No Modification Proposed) 32 371o printed 4/20/92 :::::::::::::::::::::::::::::::::::::::::::: printed 4/20/92 34 SHORELAND MANAGEMENT ORDINANCE City of Mound Draft 5 - October 21, 1992 The following definitions are added to Section 23.302 of the Mound Zoning Code: (7A) (8) (12) (23A) (27A) Bluff - Topographic feature such as a hill, cliff, or embankment having all of the following characteristics: A. Part or all of the feature is located in a shoreland area; Bo The slope rises at least 25 feet above the ordinary high water level of the waterbody; The grade of the slope fi.om the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and D. The slope must drain toward the waterbody. An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of a bluff. Bluff Impact Zone - An area including a bluff and land located within 20 feet fi.om the top of the bluff. Building Line- A line parallel to the street right-of-way ~.i.ii~.i.i~~ ~i?:.~ii~i;!i~! at any story level of a building and representing the minimum distance which all or any part of the building is set back fi.om said right-of-way line ~i~iiii~ii~ii!~- Commerdal Use - The prindpal use of land or buildings for the sale, lease, rental or trade of products, goods and services. Conditional Use - A use under the Mound Code of Ordinances requiring the approval and issuance of a conditional use permit. Mound Shoreland Ordinance Draft 5 - October 21, 1992 3'7/¥ (48A) (52A) (55~) (550 (75A) (89A) (98A) Forest Land Conversion - Clear cutting of forested lands to prepare for a new land use other than the re-establishrnent of a subsequent forest stand. Hardship - Hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the offidal controls; the plight of the landowner is due to circumstances unique to the property not created by any landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the ordinance. Industrial Use - The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities, or other wholesale items. Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip, row or block. Nonconformity - Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of offidal controls or amendments thereto that would not have been permitted to become established under the terms of the offidal controls as now written, if the offidal-controls had been in effect prior to the date it was established, Public Waters - Waters as defined in Minnesota Statutes, Section 105.37, Subdivisions 14 and 15. Lakes, ponds or towage of less than 10 acres shall not be considered public waters. Shore Impact Zone - Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Mound Shoreland Ordinance Draft 5 - October 21, 1992 (99^) (108A) (108B) (108C) (n6A) Shoreland - Land located within 1000 feet of the ordinary high water level of a lake, pond or flowage. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Department of Natural Resources. Steep Slope - Lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. Surface Water-Oriented Commerdal Use - The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Examples include marinas and restaurants with transient docking facilities. Toe of the Bluff - The lower point of a 50 foot segment of a bluff with an average slope exceeding 18 percent. Top of the Bluff - The higher point of a 50 foot segment of a bluff with an average slope exceeding 18 percent. Water-Oriented Accessory Structure or Facility - An at-grade deck or lock box that reasonably needs to be located closer to public waters than the normal structure setback. Stairways, fences, docks and retaining walls are not considered water-oriented accessory structures or facilities. Mound Shoreland Ordinance Dra_~ $ - October 21, 1992 3 SEC'I'ION 1200 - SHORELAND MANAGEMENT Section 1200:00. AUTHORIZATION AND POLICY Subd. 1. Authority. This shoreland ordinance is adopted pursuant to the authorization and polities contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Subd. 2. Purpose. The uncontrolled use of the shorelands of the City of Mound affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Mound. Section 1200:05. GENERAL PROVISIONS Subd. 1. lurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 1200:15 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the di.~:retion of the City of Mound, be exempt from this ordinance. Subd. 2. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. Mound Shotmland Ordinance Dr~t 5 - October 21, 1992 ,37/7 Section 1200:10. DEPARTMENT OF NATURAL RESOURCES N~CATIONS Subd. 1. Hearing Notices. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. Subd. 2. .F'mal Derisions. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the Board of Adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. Section 1200:15 SHORELAND CLASSIFICATION SYSTEM AND LAND USE DIs-I'RICI$ Subd. 1. Shoreland Classification System The public waters of the City of Mound have been dassified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota. Ae The shoreland area for the waterbodies listed in Section 1200:15, Subd. I(B) shall be as defined in Section 23.302 (98B) and as shown on the Offidal Zoning Map. Be Recreational Development Lakes Dutch Lake Lake Langdon Protected Waters Inventory I.D.# 27-181P 27-182P General Development Lakes Protected Waters Inventory I.D.# Lake Minnetonka Lost Lake 27-133P 27-180 Mound Shore. land Ordinance Draft 5 - October 21, 1992 5 37/5 Natural Environment Lake~ Saunders Lake (Minnetrista) Protected Waters Inventory I.D.# 27- Subd. 2..Land Use District Descriptions. Within the shoreland area, land use districts and allowable land uses therein shall be as identified in Section 23.__. (The charts entitled '~./ses - Residential Zones" and "Uses - Business and Industrial Zones will be incorporated into the appropriate location in the Mound Zoning Code and identified as Section 23...) Mound S~oreland Ordinance Draft $ - Oc~ol~er 21, 1992 Mound ~i~oreland Orcli~u~ Dr~q S - October 21, 1992 8 Mcxmd ~orel~d Ordinance Draft 5 - Octol~ 21, 1992 Mound Shereland Ordinance Draft 5 - October 21, 1992 10 Mound S~oral~nd Ordinan~ Draft $ - October 21, 1992 11 Mound S[~teland Ordinance Draft S - October 21, 1992 12 Section 1200:20 ZONING Subd. 1. Lot Area and Width Standards. The lot area and width standards for residential, commercial and industrial lots within the shoreland area shall be as found in Section 23.._ of the Mound Zoning Code. (Section 23.__ will reference the sections of the Zoning Code that contain lot standards for all land uses. The standards will be the same for riparian and non-riparian properties.) Subd. 2. Additional Spedal Provisions. Subdivisions with dwelling unit densities exceeding those in Section 23.__ can only be allowed if designed and approved as Planned Development Areas (PDA) or Planned Industrial Areas (PIA) under Sections 23.412 or 23.650 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards Subd. 3. Placement, Design, and Height of Structures. Ao Placement of Structures on Lots. When more than one setback applies to a parcel, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: 1. Structure Setbacks from Ordinary High Water Level* Lake Classification Required Setback* Natural Environment 50 feet Recreational Development 50 feet General Development 50 feet * Or.c Water-oriented accessory structures designed in accordance with Section 1200:20, Subd. 3 (B) of this ordinance may be set back a minimum of 10 feet from the ordinary high water level. Mound Short.nd Ordinance Draft 5 - October 21, 1992 13 Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the dassification of the waterbody: Setback From: Setback Top of Bluff 30 feet Unplatted Cemetery feet Right-of-way line of federal, state or county highway or local street 20 feet Bluff Impact Zones. c,...~, ......,~ ....... t~.~...~ pt o-_-_-....,.~j.. ,.~ ..,, .,~,..~.,~,.. ,.,. ,.~..,,..,. ,..,.. t'"""-'-"" "" '~" "' ..... 1""'"'" B. Design Criteria For Structures. High Water Elevations. Structures must be placed in accordance with floodplain regulations applicable to the site. e Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 1200:20, Subd. 3(A)l of this ordinance if the water-oriented accessory structure complies with the following provisions: a8 ~ nOt occupy an area greater than 250 square feet and must not exceed thirty (30) inches above grade at any point. be The setback of water-oriented accessory structures from the ordinary high water level must be at least ten feet. Moumi Shoreland Ordinance Draft 5 - October 21, 1992 14 Mou~l S~mcl Ordb~mce Draft S - OOol~r 21, 1~2 de rl~ae-~,uet~u~ ~.:~..:~;-::.-'~,~ii~~ must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: ae Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commerdal properties, public open-space recreational properties, and planned development areas. be Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned development area8. Canopies or roofs are not allowed on stairways, lifts, or landings. dw Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical. f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that they comply with the dimensional and performance standards of subitems (a) to (e) in addition to the requirements of Minnesota Regulations, Chapter 1340. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been ~i removed and documented in a public repository. ~~i~ii~ 15 372g Steep Slopes. The Building Official and/or City Engineer will evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions will be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other fadlities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. ~ ' '~f~:f~ig:~:-.':~' ~ ========================== .... -,.-~:~ ............. ~::....~,~::~::.~.~.-.::~:....:::: .............. :.:*:.:.:.:.:.:~:.:.:....:.:.:::.:~:`:~.::.~.:.:.:.:.:.:~::.:.:.:.:~:~.~:~:~ ................... ~~ all structures except churches must not exceed 35 feet in height. Subd. 4. Shoreland Alteration.~. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. A. Vegetation Alterations. construction of structures and the construction of roads and parking areas regulated by Section ~ ~0, Subd. 5 of this ordinance is exempt from the vegetation alteration standards that follow. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 1200:20, Subd. 7 (B) and (C), is allowed subject to the following standards: ao Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. Mound ShoreL~nd Ordinance Dr~ft $ - Oc~ob~ 21, 1992 be In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, priming, and 16 Bo trimming of trees is allowed to provide a view to the water from the prindpal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or fadlities, provided that. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. e The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Topographic Alterations/Grading and F'flling. o e Grading and filling and excavations necessary for the construction of structures, and driveways under validly issued construction permits for these fadlities do not require the issuance of a separate grading and filling permit. Public roads and parking areas are regulated by Section 1200:20, Subd.5 of this ordinance. Notwithstanding Items 1 and 2 above, a grading and filling permit will be required for: The ~ movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and The ~".'~ movement more ~. of than 50 cubic Yards of material outside of steep slopes and shore and bluff impact zones. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: Mound Shoreland Ordinance Ds'aR 5 - October 21, 1992 3?$0 be Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: 1. Sediment and pollutant trapping and retention. Storage of surface runoff to prevent or rcd'.-'~ flood damage. 3. Fish and wildlife habitat. 4. Recreational use. 5. Shoreline or bank stabilization. Noteworthiness, including special qualities such as historic significance, critical habitat for 'endangered plants and animals, or others. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater. Mound Shoreland Ordinance Draft 5 - October 21, 1992 18 37 / Fill or excavated material must not be placed in bluff impact Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, Section 105.42. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. k. Placement of natural rock riprap, including assodated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors are subject to the requirements of this ordinance. Permission for excavations may be given only after the City of Mound has received notification that the Commissioner of Natural Resources has approved the proposed connection to public waters. 5. Placement and Design of Roads, Driveways, and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided identifying that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the standards and regulations of the Minnehaha Creek Watershed District or other applicable agencies. Roads, driveways, and parking areas must meet structure setbacks. Such facilities shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. Mound Shoreland Ordinance Draft $ - October 21, 1992 19 Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are Subd. 6. Stormwater Management. The following general and specific standards shall apply: A. General Standards: When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velodties, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. When development density, topographic features, and soil and vegetation conditions are not suffident to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Specific Standards: Impervious surface coverage of lots in residential zones shall not eXC~:~ '-:-: . '.~..k-~:..~ ~.-:.:..~xc~x .-.:.::..::..:::.. :t.(:..: :.-:.Lc..:,.....:c,~:..:::...: ._x::.:.~:.:: d 30 rcent of the lot area. ~ :~:~, ~ ~:~:~:: . ~:~:~- ~ i~-":~! · ' ' '~ '~"'~E::'" ';"'" :!:. '~"'~:-"~ '-'."."-'-'~' '-":~' :::.'":"~.'.: ' ' ~ '~ ~?-' '".'.'-:.::::. '"~'4~ ':~.-.~:S.'-Y.~.;:~<c::.~:;:x'-~.~.";.-::.:~S':':"~Y !:: ..~x~..':.~%.~.-. ~:...:..::... ~~~ii~~~~' "~ ~":" '~:~:':'"':i~i! ~:':':::':'::"::':': ::.:c::-: !:..':.~::.':..'.:-:.:.~:-::x-~: ~::~,:.:.:~.:,'-...~.:...': .!-.' !~×: :.:. ::. ':-×-: ~::::::....L-:~:.-::~.- ~:::. . .....-~. % . ~. ,..:.,-.:.:..v..; . . Impervious surface coverage in lots in the business and industrial zones shall not exceed 30 percent of the lot area. In business and industrial zones that are included within areas covered by an approved stormwater management plan, impervious surface coverage shall not exceed 75 percent of the total lot area. Mound Shoreland Ordinance Draft S - October 21, 1992 20 e When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the standards and regulations of the Minnehaha Creek Watershed District. New stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. Subd. 7. ..Special Provisions for Commercial, Industrial, Public/Semipublic. Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and .Peat. Standards for Commerdal, Industrial, Public, and Semipublic Uses. Surface water-oriented and non-surface water oriented cornmerdal uses and industrial, public, or semipublic uses may be located on parcels or lots with frontage on public waters. Such uses must meet the following standards: In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. e Uses that require short-term watercraft mooring for patrons must centrali?e these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as Mound Shoreland Ordinance Draft 5 - October 21, 1992 21 Be product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artifidal lights, the lights must be Shielded or directed to prevent illumination out across public waters. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod fanning, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. Forest Management Standards. The harvesting of timber and assodated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." Mound Shoreland Ordinan~ Draft 5 - Oc~be~ 21, 1~2 22 Section 1200:30 NONCONI~ORM1TIES AND CONDITIONAL USFS Subd.1. Nonconformities. All nonconforming uses and structures legally established as of December ..., 1992 shall be subject to the provisions of Section A 1 A Subd.2. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in Section 23.505. The following additional evaluation criteria and conditions apply within shoreland Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to The prevention of soil erosion or other possible pollution of public waters, both during and after construction. The visibility of structures and other facilities as viewed from public waters is limited. The site is adequate for water supply and ~ ~ sewage treatment. Mound Shetland Ordinance Dra/t 5 - October 21, 1992 23 Be The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft Conditions attached to conditional use permits. The City of Mound, upon consideration of the criteria listed above and the pm'poses of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: 1. Increased setbacks from the ordinary high water level. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. Special provisions for the location, design, and use of structures, ~wa~c. ~¢a~"r..¢n~ ~y.~,c.~'n~, watercraft launching and docking areas, and vehicle parking areas. Mound Shoreland Ordinan~ Draft 5 - October 21, 1992 24 Section 1200:40 PLANNED DEVELOPMENT AREAS (PDA) Subd.1. Planned Development Areas (PDA). Planned Development Areas are allowed in shoreland areas subject to the provisions of Section 23.412 and subject to the additional provisions contained within Section 1200:40. Subd.2. Site "Suitable Area" Evaluation. Proposed new or expansions to existing planned development areas must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit density evaluation in Section 1200:40, Subd.3. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Shoreland Tier Dimensions (feet) General development lakes first tier 200 General development lakes second and additional tiers 267 Recreational development lakes 267 Natural environment lakes 320 The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. Subd.3. Residential PDA Density Evaluation. The procedures for determining the "base" density of a PDA and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer. The suitable area within each tier is divided by the single residential lot size standard (10,000 sq. ft.). Proposed locations and numbers of dwelling units or sites for the residential planned development areas are then compared with the tier, density, and suitability analyses herein and the design criteria in Section 1200:40, Subd.4. Mound Shoreland Ordinanc~ Draft 5 - October 21, 1992 25 Subd.4. Density Increase Multipliers. The following density increase multipliers shall apply. Increases to the dwelling unit base densities previously determined are allowable if the dimensional standards in Section 1200:20 are met or exceeded and the design criteria in Section 1200:40, Subd.5 are satisfied. The allowable density increases in Item B. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the Be Allowable Dwelling Unit Increases for Residential Planned Development Areas: Density evaluation tiers Maximum density increase within each tier (percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 Subd.5. Maintenance and Design Criteria. A. Maintenance and Administration Requirements. Before final approval of a planned development area, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. e Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: a. Commerdal uses are prohibited. Mound Shore. land Ordinance Draft 5 - October 21, 1992 26 B. Open space e be Vegetation and topographic alterations other than routine maintenance are prohibited. Construction of additional buildings or storage of vehicles and other materials is prohibited. d. Uncontrolled beaching of watercraft is prohibited. Development Organization and Function. Unless an equally effective alternative community framework is established, ail residential planned development areas must use an owners association with the following features: Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. be Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units. Assessments must be adjustable to accommodate changing conditions. de The assodation must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. Space Requirements. Planned unit developments must contain open meeting all of the following criteria: At least 50 percent of the total project area must be preserved as open space. Dwelling units, road rights-of-way, or land covered by road surfaces, parking areas, or other structures, are developed areas and shall not be included in the computation of minimum open space. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests, and by the general public. Mound Shoreland Ordinance Draft $ - October 21, 1992 2'/ The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PDA's, at least 70 percent of the shore impact zone area must be preserved in its natural or existing state. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PDA must:. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant. Be designed and constructed to effectively manage reasonably expected quantifies and qualities of stormwater runoff. Impervious surface coverage within the fin'st tier must not exceed 30 percent of the tier area and the impervious surface coverage of the entire PDA must not exceed 30 percent. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards: Dwelling units must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Section 1200:40, Subd.4 of this ordinance for developments with density increases. Mound Shore. land Ordinance Draft 5 - Oclober 21, 1992 Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooting areas, must be centralized and located in areas suitable for them. Evaluation of suitability must 28 o include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. Structures, parking areas, and other fadlities must be treated to reduce visibility as viewed from public waters and adjacent shorelancls by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralizx, d. Water-oriented accessory structures and fadlities may be allowed if they meet or exceed design standards contained in Section 1200:20, Subd.3 of this ordinance and are centralized. Mound ~horeland Ordinanc~ Dra/t 5 - October 21, 1992 29 HoMngton Koegter Group Inc. PLANNING REPORT TO: Mound City Cotmcil and Staff FROM: Mark Koegler, City Planner DATE: November 4, 1992 SUBJECT: Operations Permit APPLICANT: Drop Ship Express CASE NUMBER: 92-064 HKG FILE NUMBER: 92-371 LOCATION: 5308 Shoreline Drive EXISTING ZONING: Industrial (I-1) COMPREHENSIVE PLAN: Industrial BACKGROUND: Drop Ship Express is proposing to operate in the Balboa West Business Center (old Tonka pianO. Uses within the Business Center are required to obtain an Operations Permit from the Mound City Council. Criteria for issuance of an Operations Permit are the same as those used in issuing a Conditional Use Permit. The proposed business involves the warehousing and sorting of various products such as Nordic Track exercise equipment. After sorting, products are loaded into trailers and shipped to LIPS hub locations. Final delivery of products is via UPS. The proposed business (which is now operating without permit approval) occupies approximately 70,000 square feet. The peak season for the business occurs from November to January. During peak times, the business employs approximately 28 people operating two shifts. Many of the employees are part time. Drop Ship Express has approximately 10 long term, full time employees. Land Use / Environmental · Planning / Design 7300 Metro Boulevard/Suite 525 ' Minneapolis, Minnesota 55439 ' (612) 835-9960 ' Fax: (612) 835-3160 Drop Ship Express Planning Report November 4, 1992 Page Two The business operates three loading docks on the north side of the building. Additionally, they are proposing to have six trailers stored on the site adjacent to the recently approved Toro heater testing building. COMMENT: The proposed business is generally consistent with the Mound Zoning Code. The only significant issue that raises concern is the trailer storage and related trucking operations. Toro received approval for the on-site storage of 12 trailers on the west end of the north side of the site. Concrete pads approximately 8' x 70' were installed to support trailer dollies that otherwise would sink into the bituminous surfacing during warm weather. At the time the permit was issued, noise and aesthetics were concerns expressed by the abutting residential neighborhood. Toro's trailer location is partially screened by a wooden fence and by existing deciduous trees. Drop Ship Express' use of trailers is similar to Toro's operations. Trailers are housed on-site until such time as they are fully loaded. They are then removed and replaced with another empty trailer. Since the uses are similar, it seems reasonable to consider the same types of restrictions on Drop Ship Express' operations as were placed on Toro. The proposed location of the trailer storage area may potentially conflict with Toro's new building. Welsh Companies suggested the possibility of locating the parking area on the west end adjacent to the existing Toro trailer parking. Due to the open nature of the west end of the site, it would be very difficult to provide any screening in this area. Drop Ship Express will need to work with Toro and Welsh Companies to provide a detailed plan of the east end to ensure that reasonable use and access is afforded to both Toro and Drop Ship Express. RECOMMENDATION: Staff recommends approval of the Operations Permit for Drop Ship Express subject to the following conditions: Prior to December 1, 1992, Drop Ship Express shall prepare and submit to the City of Mound, a site plan at a suitable scale showing the parking area for six trailers including a concrete pad for trailer dollies and a wooden fence adjacent to the parking lot along Lynwood Boulevard to match the existing fence at the west end of the site. The fence and concrete pads shall be installed by June 1, 1993. Trailers and trucks within the identified parking area shall be directly involved with the business activities of Drop Ship Express. 379¥ Drop Ship Express Planning Report November 4, 1992 Page Three No trailers shall be allowed to remain parked on the site for longer than 30 days. o Trailers shall be parked in the areas shown on the approved site plan or at the loading docks involved in Drop Ship Express' business operations. 5. No outside storage is permitted except by operations permit. CITY OF MOUND Application Fee Paid ~ Date File ~ff_~_~ OPERATIONS PERMIT 'APPLICATION Section I - Applicant lnformation~ 2. Legal Description of Property~ Lot A~:3k'ess I1~ tu,~5w 9~--~ .~-~^~<w '£d)~ e Applicant (if other than c~mer): Name D4o,o Sn,~ .<,r~.~'~,-',:, ~:/~-~, -~ ~ Section 2 - Business Day Phone No. E?~-fl~3~! Information Name of 8usiness 0/~o! Total Floor Area Manufactucing Area Sales Floor Area Office Area ~?0 Warehouse Area ~r (pl~ ~ify) Describe Nature of Business WI331esale Retail 4. Location (cite t~tt ntater or attach floor plan) 5. Number of Employees= 1st Shift 3rd Shift ,4/~e 6. Adjacent Uses (list businesses)' 1o 2nd Shift Section 3 - Business Operations, Describe Products Produced or Services Offered (at~ach produc~ bt~x=hures What types of materials will be shipped int~ and/or s~ored within ~he Will aaterials be shipt:~ bye 'rail other (spaei~) semi truck / 3. Will delivery vehicles be stored on the property? Yes V/ NO If yes, attach site plan showing parking stalls assigned ~to delive& vehicles. o Does the business plan. future expansions at ~his location? Yes ~ NO · If yes, describe amo%nt of anticipated expansion and-timing. Will the business require any modifications to the exterior of ~he existing building including but not limited b~ doo~s, w~ndows, overhead doors, cooling towers, EVAC ~ltts, ere? Yes_ '.~.-' Ro . If yes, please described and attach a floor plan and exterior building elevation drawings. ~ ,",,'-'~?-'~ ~,--~,x,:,- Oo~ s - Pi,~..-", ~-,ll Will the pro[~ed operation involve= NOise Generation= Yes ~-~ NO . If yes, describe source and amotnt 7",rz~ct-,~ ~, II Odor Generation: Yes - No / . If yes,' describe source and amount Toxic and/or Hazardous Waste Generation: Yes If yes, describe source and amount Provide a detailed listin~ of all chemicals which will be discharged into the sanitary sewer system. _ Will the operation chemicals? Yes site plan sho~ing provisions. include either interior or exterior storage of bulk No / · If yes, attach floor plan and/or lo~tion and describe spill/leakage containment 9. Other than chemicals, ~11 the operation require outdoor storage of any materials? Yes No ~/ . If yes, describe materials ~ attach site plan showing locations ar~] identifying ~o~x~sed screening by type and location. Section 4 - Certiflcation I certify that all of the above statements and the statements co~tained in any required papers and plans to be submitted herewith are true and accurate. I consent to the entry in or uTon the premises described in this application by any authorized official of the City of Mound for the purl:x~ of insDecting, or of posting, maintaining and removing such notices ins may be required by law. Section 5 - City. Review and Action,, Reviewed by; Building Official City Planner City .~x2ineer Firm Chief · Ci fy- Manager Other Planning Commission Recommendation= Co~cil Action Resolution No. Date CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-168,'7 (612) 472 0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 92-064 NOTICE OF AN INFORMAL PUBLIC HEARING TO CONSIDER THE ISSUANCE OF AN OPERATIONS PERMIT FOR "DROP SHIP EXPREBS, INC." NOTICE IS HEREBY GIVEN, that the City Council of the City. of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, November 10, 1992 to consider the issuance of an Operations Permit for Drop Ship Express, Inc. The business is proposed to operate at 5308 Shoreline Drive (old Tonka Toys Building). The type of business consists of warehousing and shipping of prepacked products. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. c. Francene C. Clark, City Clerk Mailed to property owners within 350' by 10-29-92. printed on recycled paper © O ! ~'.,,,4 ?¢ x...,,~C..A y Ho;sing, ton Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: November 4, 1992 SUBJECT: Landscaping Plan Approval APPLICANT: Toro CASE NUMBER: 92-057 HKG FILE NUMBER: 92-37h LOCATION: 5330 Shoreline Drive EXISTING ZONING: Industrial (I-l) COMPREHENSIVE PLAN: Industrial BACKGROUND/COMMENT: On October 13, 1992, the City Council approved a resolution granting a conditional' use permit to Toro for the construction of a heater testing building. A condition of the permit required the submittal of a landscaping plan for approval by the City Council. Toro has submitted two landscaping proposals in conformance with this requirement. Both proposals call for the installation of plant materials around the west, north and a portion of the east side of the fence enclosure that surrounds the building. One proposal calls for the installation of Techny Arborvitae and the other substitutes Redtwig Dogwood in lieu of the arborvitae. Techny Arborvitae is an evergreen species, the dogwood is a deciduous species. Therefore, the Arborvitae has the advantage of serving as a year round screen. Arborvitae, however, is not salt tolerant and at this location, is likely to experience growth problems. Therefore, the Redtwig Dogwood is preferable given the characteristics of the site. Land Use/Environmental · Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 ,37,_%'- Toro Planning Report November 4, 1992 Page Two In order to help screen the building, additional plantings could be placed in area between the proposed building and Lynwood Boulevard. The addition of evergreen trees in this area could help screen the structure and would be consistent with the planting scheme that is used in other areas surrounding the Balboa West Business Center. Consideration should be given to adding 3 to 5 evergreen trees in this area. Suggested species include Black Hills Spruce or Austrian Pine. The growth habits and salt tolerance of each of these species makes them appropriate for this application. RECOMMENDATION: Staff recommends that the City Council approve Proposal B as the landscaping plan for the new Toro heater testing building subject to the addition of a minimum of three evergreen trees in the area generally shown on the plan. These trees should consist of the following: 1. Species should be either Black Hills Spruce or Austrian Pine. o Minimum size at planting should be 6 foot height, balled and burlapped roots. 375 , EXIST. TANK llllllllll"lll/l/lllllllllilllllllllllllllltlllll SITE PLAN HEATER TEST CELL ,37,5'7. .J ] ] 9835316~ P. 03 Additional Evergre, Plantings EXIT. T~K ,_ .~-L.I~W ~N~ mm.. IIIllIlIImlmmllmlllmmllllml;'m ~l._~.r-__' _~ j ImIlmmImiliimlIliIiIIlmiii, SITE PLAN HEATER TEST CELL PROPOSED RESOLUTION #92- RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED ACCESSORY STRUCTURE TO ~ff.,LOW CONSTRUCTION OF A CONFORMING DECK AT 5641 BARTLETT BLVD., Pi~.T OF GOVERNME~ LOT L, SECTION 23v PID #23-~L7-24 14 0003, P&Z CASE NO. 92-065 WHEREAS, the applicant, Thomas W. Reese has applied for a variance to recognize existing nonconforming setbacks of a detached accessory structure with is setback .8 feet from the side property line to allow construction of a conforming deck, and; WHEREAS, the City Council approved Resolution #91-79 on June 11, 1991 recognizing the same nonconforming accessory structure to allow construction of an additional conforming detached structure, and; WHEREAS, the existing nonconforming structure encloses utilities, is well maintained, and in good condition, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, and a 4 foot side yard setback for accessory structure in the front yard, and; WHEREAS, Ail other setbacks and lot area are conforming, and; WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby recognize the existing nonconforming setback to the accessory structure resulting in a 3.2 foot side yard setback variance to allow construction of a conforming 6' x 12' deck at 5641 Bartlett Blvd. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: construction of a 6' x 12' deck. Proposed Resolution Case No. 92-065 Page 2 Se This variance is granted for the following legally described property: Ail that part of Government Lot 1, Section 23, township 117, Range 24, in Hennepin County, Minnesota, which lies South of Chapman Place, now County Road No. 7, and East of Lake Avenue, as said Avenues are shown on the plat of Mound Bay Park, described as follows: Beginning at a point in the South line of Chapman Place, now County Road No. 7, which point is distant 300 feet Easterly, measured along said South line from the East line of Lake Avenue; thence South 9 degrees 42' East 420.5 feet to an iron monument in Lake Shore; then North 65 degrees 10' East along said shore 89.5 feet to an iron monument; thence North 6 degrees 10' West 389.5 feet to a point on the South line of said Chapman Place, now County Road No. 7, 105 feet East of point of beginning; thence Westerly along the said South line of Chapman Place, now County Road No. 7, 105 feet to the place of beginning, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY of MOUND STAFF REPORT 5341 MAYVVOOD ROaD MOUND. MINNESOTA 5535.:-168; (612) 472-0600 FAX (612) 472-062~ DATE: TOt FROM; SUBJECTz APPLICANT: Planning Commission Agenda of November 9, 1992 Planning Commission, Applicant and Staff Jon Sutherland, Bu£Zaing Offic£al --~-/ · Variance Request for Deck Tom Reese CASE NO. 92-065 LOCATIONz ZONING: 5641 Bartlett Blvd. Part of Government Lot 1, Section 23, PID $23-117-24 14 0003 R-1 Single Family Residential BACKGROUND The applicant's proposed deck meets all required setbacks for the R-1 zone for the current zoning code and all proposed zoning code modifications. A variance of 3.2' is being requested to recognize the existing nonconforming side yard setback to the detached garage as noted on the attached survey. On June 11, 1991 the City Council approved Resolution $91-79 granting a variance for this property recognizing the existing nonconformity and allowing construction of an additional garage on the site. RECOMMENDATION Staff recommends approval of a side yard setback variance to recognize the existing nonconforming detached garage in order to construct a fully conforming 6' x 12' deck on the dwelling. JS:pj NOTE: This request will be heard by the City Council on November 10, 1992. The abutting property owners have been notified. printed on recycled paper revised 4/2/92 YARIANCE APPLICATION CZTV OF NOUND 5341 Ma~eood Road, Mound, ~N 55364 Phons: 472-0600, Fax: 472-0620 OOT I g I Zd Planning Commission Date: City Council Date: Site Visit Scheduled: Application Fee: $50.00 Case No.~ Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Copy to City Engineer: ®ele®elee®®ee®®®e®eeelleeee®e e/eeeeeeee®®eeeeeeeeeeeeeeeeeeeeeeeeeeeeeee Please type or print the following information: Address of Subject Property ~6~'! Bartlett Blv~ Owner's Name · .,~..~ W. hees.? Day Phone Owner's Address [64! Bartlett Blvd ~o-258~, Applicant's Name (if other than owner) Address LEGAL DESCRIPTION: Day Phone Lot ! Addition --~-A~C~Or] Zoning District Block 2.~ :~2~-~ ~' ~' 3003 PID No. ;,. _~__. ~, Use of Property: Residence Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ~) yes, ( ) no. If ~es, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 3esolu*~r.n ~1-7~ Jnne ii 1972 gxistin~ n~ ~-~'-~ Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.):.. Add~ti0n of ~n egress ~ck from second stcr~ ~c part of ar 'nt.~rnal re~oJeliing pro,eot cther~'Is$ . ~ermltted. 37/ o rev£sed 4/2/92 Variance Application Page 2 Case No.~ Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (x). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.) · -¥~o~nG G.~,~'...'~ ~tr:]et.:~ ~nc~o~,,~ i~t~: t~e ~.~t 3i.~ ~ ~ ~et SETBACKS: Front Yard: ( N S E W ) Rear Yard: ( N S E W ) Lake Front: ( N S E W ) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Lot Size: Street Frontage required requested (or existing) VARIANCE ft. ft. ft. ft. ft. ft. ft. ft. ft. 4 ft. 1 1/2 ft. ~ 1/? ft. ft. - ft. ft. sq ft sq ft sq ft ft. ft. ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (x), No ( ). If ~o, specify each non-conforminguse: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( I soil () too small I I drainage ( x existing ( ) too shallow shape ( ) other: specify Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (~. If yes, explain revised 4/2/92 Variance Application Page 3 Case No.~ Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~). If yes, explain ® Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (x), No (). If ~o, list some other properties which are similarly affected? .... ;i~hbor h~s no objeetien. ?be ~'.q:~e~t~ e~nfnrm~ns d~q'~: i~ nat re~c-e~t tc the r. en-corfcrminf ~tru~:r~ ir th + it -Ic ~ rot I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. &pplicant,s Signature Date SHEET i,~C~.. JOB NO. m.~'. I SURVEY FOR: Prepared By: J¢0¢75-001 $CHOELL & MAD$ON, INC. 8 T ETT 80,J ,o.oWayzata Boulevard (r~rl7 C~°n ~e.) . ~6' ~,'/um/mouS Mlnnetonkl. Mn. 55343 *el. 546-7601 ~ t~.t 4o IE: ( coO * 1) o- Denotes t~on aoeumnt set. 2) Deirings sAM 1~ ~s~ off the sou~ lf~ of hrtJett ~U]IVIN V~ ia I~S~d ~irt~ of bth Thee part of Government Lot l, Sectto~ 23, TMshlp 117 North, Ring, ~4 ~st of ~ Sth Prfnct~1 ~rfdl~ descried IS f011~: kgfnal~it t~ la~rsectf~ of the S~th Iss~ ~irf~ of ~uth 84 deg~es ~ minutes ~ Set.dS ~St, 41~g t~ S~th of llt4 brttltt hulevi~, I 41s~nce of 127.~ feet; t~nce ~uth; degrees lO minutes ~ sects E.t a~ut ~ feet to ~ ~ ~fnt of ~ff~f~ i~ parallel ~th t~ ~rtherly, I1~ Slid parallel !1~ I~t ~47 tilt, to t~ ~lnt of ~glnalng. ! hertl)y certify that this Surve) vas preplmd under aY .su~rvlslo~ eM thet ] em I Licensed Land Surveyor under the lit4 of the Shh Of Nln~l. , . T~o~ O. ~a -- ~te: ~ ~gust l~ Ltceflse NO 17' ' 142 June 11, 1991 RESOLUTION #91-79 RESOLUTION TO CONCUR ~ITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED ACCESSORY STRUCTURE TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED ACCESSORY STRUCTURE FOR 5641 BARTLETT BLVD., PART OF ~OVERNMENT LOT 1, SECTION 23, PID #23-117-24 14 0003, P&Z'CABE NO. gX-OX6 WHEREAS, the applicant has applied for a variance to recognize existing nonconforming setbacks of a detached accessory structure which is setback .8 feet from the side property line to allow construction of an additional conforming detached accessory structure at 5641 Bartlett Blvd., Part of Government Lot 1, Sec- tion 23, PID ~23-117-24 14 0003, and; WHEREAS, the existing nonconforming structure encloses utilities, is well maintained and in good condition, and; WHEREAS, the subject property is located within the R-1 Single Family Zoning District which according to the City Code requires a lot area of 10,000 square feet, and a side yard set- back of 4 feet for accessory structures in the front yard, and; WHEREAS, the lot area is conforming and all other set- backs to existing structures are conforming, and; WHEREAS, Section 23.404, Subdivision (8) provides that alterations may be made to a building containing a lawful, non- conforming residential property when the alterations will improve tho l[vabi!ity thereof, but the alteration may not ~.ncrease the number of units, and; WHBREAS, the Planning Commission has reviewed the request and does recommend approval due to practical difficulty. NOW, THEREFORE, BE XT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby recognize the existing nonconforming setback resulting in a 3.2 foot side yard setback variance to allow construction of a 20' x 36' detached garage for the property located Part of Government Lot 1, Section 23, PID #23-117-24 14 0003. 143 June 11, 1991 The City Cou~oil authorizes the violations and authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8.) with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to 211 of the provisions and restrictions of Section 23.404. It is determined that the li¥ability of the residential property will be improved by the authorization of the fol- lowing alterations to ~ nonconforming use of the property to afford the owner reasonable use of his land. To construct a conforming detached accessory structure 20 by 36 feet to be used as a garage. 4. This variance is granted for the following legally described property= 'f ' ~_11-~that part of Government Lot 1, Section 23, township _~ l?7,~Range 24, in Hennepin County, Minnesota, which lies 'South of Chapman Place, now County Road No. ?, and East of Lake Avenue, as said Avenues are shown on the plat of Mound Bay Park, described as follows= Beginning at a point in the South line of Chapman Place, now .County Road No. 7, which point is distant 300 feet Easterly, measured along said South line from the East line of Lake Avenue~ thence South 9 degrees 42' East 420.5 feet to an iron monument in Lake Shore~ then North 65 degrees 10' East along said shore 89.5 feet to an iron monument~ thence North~edegrees 10' West 389.5 feet to a point on the South li of said Chapman Place, now County road No. ?, 105 feet East of point of beginning~ thence Westerly along the said South line of Chapman Place, now County Road No. 7, 105 feet to the place of beginning, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hen- nepln County. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Min- nesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County a~d paying 211 costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. 143 June 11, 1991 The ~oregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Ahrens. The foliowing'Councilmembers voted in the affirmative: Ahrens, Jensen, Johnson and Smith. The following Councilmembers voted in the negative: none. Counci~member Jessen was al:~e~t and excuse<:]~w~ CITY of MOUND MOUND MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 November 6, 1992 TO: FROM: MAYOR AND CITY COUNCIL ~ ~.~ ED 8HUKLE, CITY MANAGER SUBJECT: THOMAS B. CARL (POST OFFICE PROPERTY REQUEST TO BE REMOVED FROM CBD PARKING PROGRAM) As you know, this matter was presented at the October 27, 1992 regular City Council meeting. It was continued until the November 10, 1992 regular meeting for the purposes of determining the principal use of the Post Office. In other words, it is to be classified as retail space or office space? I contacted the Postmaster, who indicated to me that they have done surveys to determine how many persons utilize the Post Office on a daily basis. The last survey done was in April and May of 1990. The survey was done on a Monday through Friday basis. The average number of persons per day was 375. They also calculated the number of box customers and estimated that at 150 per day. For a total of 525 persons per day. The Postmaster stated in Mound, this is probably'the most traffic you will see in and out of a facility on a daily basis in the City of Mound. I spoke with Mark Koegler, regarding this and he and I have determined that this reflects more of a retail space situation than an office space. Thus, to meet the requirements for parking, the facility would have to have one space per 150 square feet of retail space. Since the building is 4534 square feet, dividing that by 150, equals 30.2 parking spaces. Hence, the Post Office property does not meet the zoning requirements and we would recommend to you to deny the request based upon this criteria. The Postmaster also told me that the parking area to ~he south of the building is restricted to employee parking only. Thus, the data we have indicating that the Post Office provides 10 parking spaces is inaccurate. In summary, the request from the owner of the Post Office to be removed from the CBD parking program should be denied. If you have any questions please contact me. ES:Is printed on recycled paper CITY of MOUND 53.4~ MAYWOOD MOUND MINNESOTA 612,472-1155 FAX (6~2; 472-0625 October 29, 1992 Mr. Thomas B. Carl PO Box 116 Merrill, Wisconsin 54452 RE: Request to be Removed from CBD Parking Program Dear Mr. Carl: I am in receipt of your letter dated October 16, 1992 in which you indicate that you wish to be removed from the CBD parking program in Mound, Minnesota. The City Council reviewed your request at its October 27, 1992 regular meeting and has continued the matter until its November 10, 1992 regular meeting. The purpose of the continuance was to do some research on the number of customers that utilize the Post office. This information is needed as we try to determine the principal use of the building and try to classify it within our zoning ordinance as to retail or office space. In addition, we reviewed the number of parking spaces available for the public's use and, essentially, it appears that the parking area to the south of the building is restricted and can be used only by employees. The purpose of the CBD parking program is to provide public parking. This practice seems to go contrary to the purposes of the CBD program. I will be in contact with you regarding this matter. If you have any other information that would support your request to be removed from the CBD parking program please contact me as soon as possible. ~~...ce'relyL ~d~ward ~. Shukle, Jr. City Manager ES:is printed on recycled paper October 27, 1992 TO: MAYOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER~'~&g SUBJECT: REQUEST TO BE REMOVED FROM CBD PARKING PROGRAM - THOMAS B. CARL, REGARDING POST OFFICE PROPERTY Attached is a letter dated October 16, 1992 from Mr. Thomas B. Carl of Merrill, Wisconsin, owner of the property known as the Post Office property on Shoreline Drive. As Mr. Carl's letter indicates, he contacted me by phone in regard to the assessment program and asked how he could remove the Post Office property from the program. I explained to him that he would have to petition to be removed and should submit a scaled drawing and the square footage of the building. Although he has not submitted a scaled drawing, in review of the property, the City Engineer, City Planner' and myself have agreed that Mr. Carl does have adequate parking to meet the zoning requirements. Therefore, we are recommending that this property be removed from the CBD parking program effective July 1, 1992. Mr. Carl would be responsible for the maintenance assessment of July 1, 1991 through June 30, 1992. ES:is 77m CARL BROS. CO. MERRILL, WISCONSIN .54452 PHONE 715-536-5793 BOX 116 Oct. 1~, iS~2 £C'0 OCT t 199 :ir. ~'.'..~ S.,ui.le CiL;. ':aha:er City of :found Dear ·fr. Shu:~lc: I ~ali.cJ to ;-'ou on the i,ho,~ ia re~ard to the cx~ra asses~meng cl,arges ~l,c ::ound Po~t office aud aa I uxl}ain~d th~ building kcs it om, parkiag lo~ and i.as paid ::~n;' ~p~ci~l a~sessa=nts over tl.e ~.ears and as I said thc [.ul]..Jin~ i~ leased and I just do not think it is fair to extra c~ar~e~ aa it really doc~ the post office no good. ! curtai-17 ~.ou~ a, reciat~ to cave this c.~arge " off m~ tax roll a:~ pay all 3iecial assessments and %:hen least, arc draw~ ~ee~ getting special assessnats all thc tLac. Ti;e buildinj i:~ 4534 s.,uarc fee~ ~,e Docl: 373 S~,u:zr~ Fact ~e private 7arl,i~;o lot ia 9132 sA. fa ~,e land,calvin& i= al~pro~eu[aly 672 ft. I a= 3ure the ?ostal cusCo:ners use the parkin~ lo~ ac thc office and not any other one. Tear,kinG you I renain Yours verb' truly, ~. Carl 'Lox 116 Herrill, Wi 54432 I :,ave never conplained before as I thought it would have to and sora~ day but never seems too. RESOLUTION 1992- RESOLUTION SETTLING DISTRICT COURT CASE #MC 91-001353 RELATING TO CBD PARKING ASSESSMENTS AND PROVIDING FOR THE DISMISSAL OF AN ASSESSMENT APPEAL WHEREAS, the fee owner, Curtis Johnson, has appealed from the CBD parking lot acquisition assessment as District Court file #MC 91-001353, and WHEREAS, the parties have agreed to settle the assessment appeal based upon Mr. Johnson's explanation that the actual employee parking spaces required for his building is 4 spaces rather than the 7.5 spaces used by the City to calculate the assessment, resulting in a reduction in Mr. Johnson's assessment of $729.36 and requiring a refund to Mr. Johnson of $170.23 for 1992 taxes, and WHEREAS, the City Attorney has advised the City that a court could find Mr. Johnson's assessment invalid based upon a finding of incorrect information as to employee parking requirements at Mr. Johnson's building, and WHEREAS, James Larson, Assistant City Attorney and City Manager Ed Shukle recommend the refund of the $170.23 overpayment and a reassessment of the CBD Lot Acquisition assessment to settle the litigation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, as follows: 1. The CBD Lot Acquisition Assessment is hereby reassessed in accordance with the following schedule, all of which has been agreed to by the parties, contingent upon a stipulation for dismissal being executed by the parties and filed with the court: 'ParceI Present Assessment Reassessment PID No. 13-117-24-33-0006 $2,027.52 $1,298.17 2. The City Manager is hereby authorized to pay to Curtis Johnson $170.23 as a refund of amounts paid with 1992 taxes, and to file the reassessment with Hennepin County. 3. The Mayor, the City Manager and the City Attorney are hereby authorized and directed to execute all documants necessary to effect this settlement. The foregoing resolution was introduced by Councilmember and duly seconded by Councilmember The following voted in favor of the resolution: The following voted against: The following were absent: Whereupon the resolution was adopted. TO: Sgt. Grand FROM: Officer Ewald NOV 4 1992 DATE: November 2, 1992 Street light request on Beachwood Over the last week I have periodically checked the area of Beachwood for the existing lighting and a possible location for a street light, if needed. The entire 5800 block area of Beachwood is extremely dark with no lighting other than outside house lighting which might be on. The only existing lighting on a power pole is located on the south side of Bartlett Boulevard at Beachwood, which lights approximately one-half block down Beachwood. There is only one power pole where a street light could possibly be mounted, which is on the dead end of Beachwood at the cul-de-sac, which I believe would help the area immensely. Any other location that a street light would be put would have to include running power lines and erecting a pole. I feel a street light in the area would be an asset to the neighbors in the area, as well as safety for pedestrians and drivers. If I can be of further assistance please let me know. OCT 2 3 1992 ~0-Iq-qz -"-70q I 3777 ~377g ~. TNONAS WURST, P.A. CURTIS A, PEARSON, P.A, dAMES D, LARSON, THOMAS F", UNDERWOOD, CRAIG M. ME:RTZ ROGER d. FELLOWS LAW OFFICES WURST, PEARSON, LARSON, UNDERWOOD & ME:RTZ IIOO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 5S402 October 26, 1992 OCT ? TELEPHONE (612) 338 - 4;~OO FAX NUMBER (612) 338- 26~'5 Mr. Ed Shukle City Manager City of Mound 5341 Maywood Road Mound MN 55364 Re: Section 437 - City Code - Dock Removal Dear Ed: This will acknowledge receipt of your letter of October 20, 1992. I have essentially taken Mr. McCaffrey's wording as presented to you in a memorandum of October 14 and have prepared an amendment to Section 437:00 of the City Code by adding Subd. 5. I have also added a subsection to 437:05, Subd. 2, to require as a part of the application for a license a statement which should be checked or initialed by the applicant who agrees to remove the dock and to dispose of any of the materials and further forfeits any right or claims he has to those materials. The applicant also would then agree to pay to the City all costs incurred by the City in removing the dock. Ed, I don't know how the City could remove the dock and assess costs for the removal by assessing the property. This is neither covered by state statute or by our existing ordinances, and this approach of requiring them to guarantee that they will remove the dock or pay the costs seems the next best solution. The City would have the right to go to conciliation court and get a personal judgment against People who fail to pay the costs, or you may evaluate these matters and just determine it is easier to do away with the problem and not get involved with further paperwork or litigation. Since/m~ly, //'~ CJf'rtis A. Pearson City Attorney CAP:ih Enclosure 377'7 Ordinance No. An Ordinance Amending Section 437:00 of the City Code By Adding Subd. 5 and Amending Section 437:05, Subd. 2 By Adding Subsection f. Relating to Removal of Licensed Docks The City of Mound Does Ordain: Section 437:00 of the City Code is amended by adding Subd. 5 which shall read as follows: Subd. 5. Removal of Docks. Upon expiration of a dock license, the licensee must completely remove the licensed dock and appurtenances from public land. Any dock or portion thereof not removed by the licensee will be removed by the City or a designated contractor and all costs of removal will be the responsibility of the last licensee for that dock site. Section 437:05, Subd. 2 of the City Code is amended by adding Subsection f. which shall read as follows: 437:05, Subd. 2 The applicant for a license shall sign as a part of the application an agreement which shal) guarantee that the applicant will remove the doc, and all appurtenances at the expiration of the license. The applicant shall agree that if they do not remove the dock, the City is authorized to have the dock removed and the applicant agrees to pay to the City any and all costs incurred by the City in removing the dock. The applicant also shall agree that if the City removes the dock, the City is authorized to dispose of any materials or parts which are left on public lands or in public waters and the applicant shall forfeit any right or claim to the materials left on the dock site. Attest: City Clerk Passed by City Council Published in Official Newspaper CITY of MOUND 0600 October 20, 1992 Mr. Curt Pearson 1100 First Bank Place West Minneapolis, MN 55402 RE: Proposed Addition to City Code Section 437 Dear Curt: At the October 8, 1992 Parks and Open Space Commission meeting the commission questioned what happens when someone leaves their dock in and does not renew their dock license. Who's responsibility is it to remove the dock and does the City have control to insure that it can be removed? Could the City remove the dock and assess costs for removal to the property of the previous dock license holder? The Park and Open Space Commission recommended that the City Council change the ordinance to give the dock inspector the power to enforce that docks are removed and disposed of after a dock license has expired or is not renewed. Enclosed is a memo dated October 14, 1992 from Tom McCaffrey, Dock Inspector, suggesting an amendment to the ordinance. Please review this and advise me as to whether or not this is appropriate. I look forward to hearing from you. idly' J. Shukle, Jr. City Manager enc. ES:ls printed on recycled paper CITY of MOUND 5TM I'.'IAY,','(?.C,..O :-: memorandum DATE: TO: FROM: SUBJECT: October 14, 1992 Ed Shukle, City Manager Tom McCaffrey, Dock Inspecto~%~ ADDITION TO CITY CODE SECTION 437 The Park and Open Space Commission, at the October 8, 1992 meeting, directed me to write a statement regarding responsibility of dock removal upon expiration of dock license. This statement, which is to be included in Section 437 (I would suggested under rules and regulations), follows: Subd. 5. Removal of Docks. Upon expiration of dock license, the licensee must completely remove their dock. Any docks not removed will be removed by the City or a designated contractor and costs of removal will be forwarded to the last licensee for that dock site. Would you please determine further action required. TM:pi printed on recycled paper CITY of MOUND 534t MAYWOOD ROAD MOUND. MINNESOTA 55364-1687 t. 612) 472-0600 FAX (612) 472-0620 November 6, 1992 TO: FROM: SUBJECT: ~YOR A~D CITY CO~CIt rS. ED 8HUKL]~ CITY I~ANAGER ~%HENDMENTS TO CITY'S ADMINISTRATIVE CODE Attached is a resolution to amend the city's Administrative Code adopted June 10, 1984, with amendments dated 12-11-84, 7-9-85, 5- 21-87 and 4-5-88. The resolution calls for changes to be made in the Administrative Code effective January 1, 1993. These changes are based upon recent union contract changes and other changes that have taken place since the last time the Code was amended. The changes are as follows: 1. In Section 2.1, Compensation Plan - The current Administrative Code references that all salary adjustments for employees shall be based upon recommendations to the city Manager by Department Heads and approved by the City Council. This language does not reflect the current practice. The current practice is that the salary adjustments for employees covered by the Administrative Code are based upon the City's Pay Equity Plan, which was adopted in April 1988. Thus, the change to this section should read as follows: All salary adjustments for employees shall be based upon the City's Pay Equity Plan adopted by the city Council in April, 1988. 2. The union contract approved earlier this year reflects the changes in the health insurance program. The changes proposed in the resolution deal with capping the health insurance by health plan for family coverage. 3. Further changes that took place in the union contracts call for the deletion of the provision regarding full health coverage for retirees. The resolution calls for printed on recycled paper Memo to City Council November 6, 1992 !~¢ 2 m amending the Code to reflect the deletion of this provision. The union contracts had some language changes with regard to sick leave. First of all the definition of "immediate family member", included "children" and "spouse's children". Based upon changes in the state law as it defines a "child" this language was deleted. The resolution calls for a deletion of these words, as well, in the Administrative Code. Related to item #4, the state law does define "child" and thus a new provision was added to the union contracts which should also be included in the administrative code and is part of the resolution. A new article was added to the union contracts dealing with severance pay. The resolution reflects this change indicating that an employee who is discharged from employment for just cause shall not be entitled to the severance pay under this article. These are the changes I am recommending to be made within the City's Administrative Code effective January 1, 1993. If you have any questions please contact me. ES:is RESOLUTION NO. 92 - REBOLUTXON TO ~XEND THE CXTY'B ADMXNXSTI~TXVE CODE ADOPTED JUNE XO, X984, WXTH AI~ENDMENTS DATED X2-XX-84, 7-9-85. 5-2X-87 J~J~TI) 4-5-88 AS RECOI~ENDED ~ID 8HO~I~ BELOW EFFECTXVE J3J4U~tY X, xgg3. WHEREAS, all non-union employees are governed by the City's Administrative Code; and WHEREAS, it was adopted by the City Council on July 10, 1984, and has had subsequent amendments. NOW, THEREFORE, BE XT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby adopt the following recommended changes in the Administrative Code: Page 4, Section 2.1 Compensation Plan. Responsibility: The first sentence remains the same. Amend the second sentence to read: All salary adjustments for employees shall be based upon the City's Pay Equity Plan adopted by the City Council in April 1988. Page 10, Section 14.1 - Insurance. Delete current language and replace with the following: The Employer agrees to pay the full premium for employee only hospitalization/major medical insurance for each full-time employee after thirty (30) days of continuous employment. The Employer agrees to contribute up to the amounts set forth below towards the cost of family coverage: 1993 Medica $350.00 Medcenter $341.00 Group Health $313.00 Any additional costs for such family coverage shall be paid by the employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the employee. Page 11, Section 14.5 - Insurance. provision. Delete entire Page 15, Section 17.3 - Sick Leave. (Second paragraph) Definition of "immediate family member" - delete "children" and "spouses's children". 5. Add the Se Page 15, Section 17.3 - Sick Leave. following new provision: An employee may use personal sick leave benefits accumulated in accordance with this Article for absences due to an illness of the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave benefits for the employee's own illness. For the purposes of this paragraph, "child" is defined in accordance with Minnesota Statute 181.940, subd. 4 as an individual under 18 years of age or an individual under age 20 who is still attending secondary school, and shall include a step child, ward or adopted child under the ages specified herein. Page 16, Section 18 - Severance Pay. New provision Add the following: 18.3 An employee who is discharged from employment for just cause shall not be entitled to severance pay under this Article. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: city Clerk CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL BOB LON~ Councflmember November 2, 19921 Skip Johnson Mayor of Mound 5341 Maywood Road Mound, ~64-1687 Dea~yor Johfi~on: As you may recall, I sent a resolution to you a few months ago for consideration by you and your City Council. The resolution calls for the Legislature to support a constitutional amendment dedicating the funding for the Local Government Trust Fund and requesting the League of Minnesota Cities to make such an amendment one of their priorities for 1993. The constitutional amendment would dedicate the two cents of the state sales tax now going to the Local Government Trust Fund and would rename the fund the Property Taxpayers' Trust Fund. By guaranteeing a consistent funding source for the Property Taxpayers' Trust Fund, local governments' abilities to meet the needs of their constituents will be enhanced. As a local government official from a city that receives Local Government Aid, I am sure you understand the destabilizing effect that the continued tinkering with the current Local Government Trust Fund has on your city. The total elimination of LGA contained in the Trust Fund, as has been proposed by the Governor and others, would be devastating. Enclosed is a list of cities that have passed this resolution. AS you can see, the number of cities supporting a constitutional amendment is large and it grows every day. I am asking that your City Council consider passing a similar resolution during the next month so we can begin talking with legislators. It is extremely important to get your city to adopt this resolution to strengthen our case at the Legislature. The LMC's Revenue and Legislative Committees have supported the constitutional amendment position unanimously, and it will go before the full membership at the November policy adoption meeting. Once your city has passed the resolution, I would urge you to take your case to your local Chamber of Commerce for their support. They need to know that if LGA disappears, local property taxes on businesses will have to be increased to make up the revenue shortfall that local governments will face. AS small business leaders they also know the devastating effects property tax increases can have on local economies. You should also contact your local legislators to let them know that you support continuation of the partnership between the State and Local Governments. They should know how important creation of the Property Tax Payers Trust Fund and constitutional dedication of sales tax revenue for local property tax relief programs really is. CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 Print*d on Recycled Paper 612/298-4473 3797 Thank you for your consideration on this issue. Together, we can help to keep Minnesota's property taxes low and its local governments strong. When Mound passes the resolution, please send copies to the League of Minnesota offices and to my office so that we can keep an accurate listing of all the cities supporting this effort. If you have any questions or comments, please contact me at 298-4473. S~ City Councilmember, St. Paul cc: Edward Shukle, Jr. CITY OF RESOLUTION , MINNESOTA Presented By Referred To committee: Date Resolution Concerning a Constitutional Amendment to Create a New Property Taxpayers' Trust Fund in Minnesota 4 WHEREAS, the State of Minnesota enacted a 3% State sales tax in 1967 with t~.~xpromise to voters 5 that the money would be returned to them in the in the form of lower property'2(?-/relief for property 6 tax payers; and 7 WHEREAS, in 1991 the Governor and State Legislature approved the addition of a % % increase in 8 the State sales tax, raising it from 6% to 6%% with 2¢ dedicated to fund the Local Government Trust 9 Fund which was created to continue the State's commitment to local property tax relief; and 10 WHEREAS, in 1992, the Governor and State Legislature extended the 6%% sales tax to local 11 government purchases with the promise of continued property tax relief through the Local Government Trust Fund; and 13 WHEREAS, each year local governments are forced to combat continued attempts to reduce the 14 levels of State revenue dedicated to local property tax relief through cuts in programs such as Local 15 Government Aid; and 16 WHEREAS, it is anticipated that the State will face another budget deficit in 1993, making cuts in 17 local property tax relief programs tempting ways to solve the State's budget problems; and 18 WHEREAS, Governor Carlson has already publicly announced that he will concentrate on eliminating 19 local property tax relief programs during the upcoming legislative session; and 20 WHEREAS, the League of Minnesota Cities and the Association of Metropolitan Municipalities have 21 taken positions supporting a constitutional amendment dedicating 2¢ of each 6%¢ collected from the 22 State sales tax to the Local Government Trust Fund if such dedication cannot be assured statutorily; 23 now, therefore, be it 24 RESOLVED, that the City of calls upon the State Legislature to support a 25 constitutional amendment dedicating 2¢ of each 6%¢ collected by the State sales tax to a new Property 26 Taxpayers' Trust Fund, to guarantee continued property tax relief from the current Local Government 27 Trust Fund; and be it further RESOLVED, that the City of strongly urges that the League of Minnesota Cities and the Association of Metropolitan Municipalities make one of their 1993 priorities support for a 30 constitutional amendment dedicating 2¢ of each 6½¢ collected by the State sales tax to a new Property 31 Taxpayers' Trust Fund; and be it further 37g?,.. ,.. RESOLVED, that the City requests that the League of Minnesota Cities begin coordinating a series of state-wide '"rruth in Taxation' meetings with property taxpayers, to be held this fall, to educate the blic and candidates for State elected offices on the issues regarding the need for a constitutional ..,endment dedicating 2¢ of each 6%¢ collected by the State sales tax a new Property Taxpayers' Trust Fund to protect local property tax relief funds from budget cuts during the 1993 Legislative Session. .,Yeas Na~s Absent Requested by Department of: By: Adopted by Council: Date Form Approved by City Attorney Adoption Certified by Council Secretary By.' Approved by Mayors Date 37?0 Approved by Mayor for Submission to Council By: RESOLVED, that the City requests that the League of Minnesota Cities begin coordinating a series of state-wide "Fruth in Taxation" meetings with property taxpayers, to be held this fall, to educate the OeliC and candidates for State elected offices on the issues regarding the need for a constitutional ndment dedicating 2¢ of each 6%¢ collected by the State sales tax a new Property Taxpayers' Trust Fund to protect local property tax relief funds from budget cuts during the 1993 Legislative Session. Yeas Nays Absent Adopted by Council: Date Adoption Certified by Council Secretary Requested by Department of: By: Form Approved by City Attorney By: Approved by Mayor: Date By: 37?o Approved by Mayor for Submission to Council By: CITIES SUPPORTING A CONSTITUTIONAL AMENDMENT DEDICATING STATE SAI FS TAX FUNDS FOR PROPERTY TAX RELIEF Nov. 2, 1992 w~ ~ ~ POPULATION REPRESENTED: 1,347,963 CITIES REPRESENTED: 131 DATE OF'J ADOPTir ' Nov. 2, 1992 CITIES ADOPTING RESOLUTIONS SUPPORTING A CONSTITUTIONAL AMENDMENT DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF DATI= OF CITY POP. ADOPTION CITY POP. ADA 1,708 _Sept. 8, 1992 ADRIAN 1,141 Sept. 21, 1992 ANDOVER 15,216 Sept. 15, 1992 APPLE VA~[~Y 34,598 Sept. 24, 1992 ARGYLE 636 Sept. 8, 1992 ATWATER 1,053 Sej.)t. 18, 1992 AURORA 1,965 uct. 6, 1992 AUSTIN 21,907 Sept. 8, 1992 BAGLEY 1,388 Oct. 13, 1992 BATTLE LAKE 698 Sept. 8, 1992 BECKER 902 Oct. 6, 1992 BEMIDJI 11~45 Sept. 21, 1992 BIG LAKE 3,113 Sept. 21, 1992 BIGFORK 384 Sept. 8, 1992 BIRD ISLAND 1,326 Sept. 14, 1992 BOVEY 662 Sept. 9, 1992 BRAHAM 1.139 Sept. 8, 1992 BRANDON 441 Sept. 8, 1992 BRICELYN 532 Oct. 5, 1992 BUHL 915 July 7, 1992 CALLAWAY 212 _Sept. 8, 1992 CHAMPUN' 16,849 Sept. 14, 1992 CHANHASSEN 11,732 S_ept. 28, 1992 CHISHOLM 5,390 Sept. 8, 1992 CLARKS GROVE 675 Sept. 14, 1992 CLOQUET 10,885 Oct. 6, 1992 COMFRY 433 Sept. 3, 1992 COSMOS 610 Sept 10, 1992 COTTAGE GROVE 22,935 Sept. 2, 1992 CRYSTAL 23,778 July 21, 1992 DAYTON 4,443 Aug. 3, 1992 DEERWOOD 524 Sept. 8, 1992 DELAVAN 245 Sept. 14, 1992 DETROIT LAKES 6,635 Aug. 4, 1992 DODGE CENTER 1,954 Sept. 8, 1992 DULUTH 85,493 Aug. 24, 1992 EAST GULL LAKE 687 Sept. 8, 1992 EASTON 229 Oct. 14, 1992 ELLENDALE 549 Oct. 8, 1992 ELMORE 709 Sept. 14, 1992 ELY 3,968 SepL 14, 1992 ERSKINE 422 Sept. 24, 1992 l EXCELSIOR 2,367 Sept. 21, 1992 FAIRFAX 1,276 July 7, 1992 FAIRMONT 11,265 Aug. 8, 1992 FALCON HEIGHTS 5,380 Aug. 12, 1992 FARMINGTON 5,940 ' Oct. 6, 1992 FERTILE . 853 _Sept. 14, 1992 FOLEY 1,854 Sept. 21, 1992 ! GRAND MARIAS 1,171 Aug. 12, 1992 GRAND RAPIDS 7,976 July 27, 1992 I GREENBUSH 800 Oc{.. 22, 1992 HALLOCK 1,304 Oct. 5, 1992 HAM LAKE 8,924 Sept. 8, 1992 HANCOCK 723 Sept. 14, 1992 HANOVER 787 Sept. 17, 1992 HINCKLEY 946 Oct. 6, 1992 HOWARD LAKE 1,343 Oct. 6, 1992 HOYT LAKES 2,348 Sept. 21, 1992 INDEPENDENCE 2,822 Sept. 8, 1992 KEEWATIN 1,118 July 8, 1992 KELLOGG 423 Sej~t. 24, 1992 KASOTA 655 uct. 2, 1992 KASSON 3,514 Sept. 11, 1992 KILKENNY 167 Oct. 9, 1992 JACKSON 3,559 Aug. 4, 1992 LAKE CRYSTAL 2,084 Sept. 8, 1992 LAKE WILSON 319 S_ept. 16, 1992 LAKEFIELD 1,679 Sept. 8, 1992 LAPRAIRIE 438 SepL 16, 1992 I. EWlSTON 1,298 Sept. 9, 1992 LESTER PRAIRIE 1,180 Sept. 8, 1992 UTTLE CANADA 8,971 Sept. 23, 1992 LONG LAKE 1,984 Sept. 16, 1992 LONG PRAIRIE 2,786 Sept. 21, 1992 LUVERNE 4,382 _Aug. 10, 1992 LYND 287 Sept. 14, 1992 MADISON LAKE 643 Sept. 14, 1992 MANKATO 31,477 July 27, 1992 MARBLE 618 Sept. 14, 1992 MARINE ON ST. CROIX 602 Sept. 10, 1992 MCKINLEY 116 Oct. 6, 1992 MINNEAPOMS 368,383 Jan. 10, 1992 MINNEOTA. 1,417 Sept. 8, 1992 MINNESOTA LAKE 681 Oct. 6, 1992 MOORHEAD 32,295 July 20, 1 MOUNTAIN LAKE 1,906 Sept. 8, 1 MURDOCK 282 Sept. 10, lu~=I NASHWAUK 1,026 Sept. 23, 1992 NEW MARKET 227 Sept. 9, 1992 NORTH MANKATO 10,164 Oct. 19, 1992 NORTH ST. PAUL 12,376 Aug. 3, 1992 OAKDALE 18,374 _Sept. 8, 1992 OTSEGO 5,219 Sept. 28, 1992 PEECAN RAPIDS 1,886 Sept. 14, 1992 PINE ISLAND 2,125 Sept. 25, 1992 REDWOOD FALLS 4,859 _Aug. 4, 1992 REMER 342 Sept. 8, 1992 RICE 610 Oct. 5, 1992 ROYALTON 802 Sept. 8, 1992! RUSHFORD 1,485 Sept. 14, 1992 RUTHTON 328 Sept. 8, 1992 SACRED HEART 603 Oct. 5, 1992 ST. CHARLES 2,642 Sept. 8, 1992 ST. CLOUD 48,812 July 20, 1992 ST. PAUL 272,235 May 26, 1992 ST. STEPHAN 607 April 4, 1992 SAUK RAPIDS 7,825 Sej~t. 14, 1992 SHAKOPEE 11,739 uct. 6, 1992 SLAYTON 2,147 Sept. 21, 1992 STEWAR'rVlU:F 4,520 Sept. 22, 1992 STOCKTON 529 Sept. 8, 1992 STRANDQUIST 98 Sept. 8, 1992 THIEF RIVER FALLS 8,010 Sept. 8, 1992 IContinUedion;nextiipa~le:!:~:~ii::i:il Nov. 2, lgg2 : GITIF$ ADOPTING RESOLUTIONS SUPPORTING A GONSTITUTIONAL AMENDMENT I DEDICATING 2 {DENTS OF STATI~ SALES TAX FOR PROPERTY TAX RELIE.,F. DATE OP,' ',:~ ~, DATE POP. ADOPTION CITY POP. ADOPTION I Sept. 14, 19~c~'. ;, ~RNON ~ W~KON 197 ~pL 14, 1992 ~NNEBAGO 1,565 Aug. 12, 1~2 W~REN 1,813 ~pt. 14, 1992 ~NO~ 25,399 J~iy ~, 1~2 WASECA 8,~5 ~ug. 18, 1~2 ~ON 169 Oct. 5, 1992 WAT~NS ~9 ~pt. 10, 1~2 W~INGTON 9,9~ July 27, 19B2 CONCORD 871 ~pt. 2~ 1~2 Ioclation of Metropolitan Municipalities gue of Minnesota Cities ' . . Range Association of Municipalities and Schools ORGANIZATIONS SUPPORTING CONSTITUTIONAL AMENDMENT DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF, Note___~s _Approved by Board; Final Policy Adoption !n .N. ovem.ber APproved by Board; Final Policy Adoption m r~ovemDer Represents 27 cities, 8 townships, and 16 school districts on the Iron Range Anderson, In/ Baue _rly, Jerry Beard, Pat Bertram, Jeff Betterman, Hilda Bodahl, Larry · Brown, Chuck Dauner, Marvin Frederickson, D.J. Gamie, Edwina ; Hasskarnp, Kris ~ Jacobs, Joel ihnson, Bob lis, Henry Iso, Becky ; Kinkel, Tony I Lasley, Harold STATE LEGISLATORS WHO AUTHORED BILLS SUPPORTING CONSTITUTIONAL AMENDMENTS DURING THE 1992 LEGISLATIVE SESSION Leg islative Leg i slative ~ BiI__[I ~ District BilJ HD3A HF2289 Lessard, Bob SD 3 SF2519 HD18D HF2290 Mariani, Carlos HD65B HF2241 HD56B HF2241 Milbert, Robert HD39B HF2289 HD16B HF2405 Nelson, Syd HD12A HF2291 HD11B HF2241 Ogren, Paul HD14A HF2289 HD35B HF2292 Olson, Katy HD28B HF2405 HD11A HF2291 Olson, Edgar HD2B HF2289 HD9B HF2291 Ostrom, Don HD23B HF2292 SD20 SF2519 Rest, Ann HD2B HF2289 HD40A HF2290 Segal, Gloria HD44B HF2626 HD13A HF2241 Solberg, Loren HD3B HF2405 HD49B HF2291 Sparby, Wally HD lB HF2290 HD4A HF2290 Steensrna, Andy HD27B HF2292 HD29B HF2405 Thompson, Loren HD10A HF2241 HD36A HF2292 Wenzel, Steve HD13A HF2290 HD4B HF2291 Winter, Ted HD28A HF2405 HD19A HF2292 BILLS -November 10, 1992 BATCH BATCH 2103 2104 TOTAL BILLS $210,086.84 145,362.82 $355,449.66 oo~oo 0 oo OOe. I O0 O0 I ! 7 Z °~,°o ZZZZZ ~Z~Z ~Z~Z ~ JY o o ° 0000 000 0 ~0 ,0 ~D,O ~ Gl C:) C) 0 O0 0 I 0 0 I ~4 0 ~0 c c c c I c I in,Wl~ o Z V) )C Z: I I~ ,( I LU n- Z 0 Q. UJI Oc I o '4' ! 0 Z LLI 0 I 0 C~ Z · I J CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364-1687 (612) 472~0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: November 4, 1992 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~ . OCTOBER ~992 MONTHLY REPORT gONSTRUCTION ACTIVITY There were 28 building permits issued with a construction value of $210,699 for the month of October bringing the year-to-date figure to $4,198,900. This is an 18 percent increase over last year at this time. There were 31 plumbing, mechanical, and miscellaneous permits issued for a total of 59 this month and 618 permits issued so far this year. PLANNING AND ZONING The Planning Commission and City Council reviewed three miscellaneous zoning cases this month. The proposed Shoreland Management Ordinance was reviewed by the Committee of the Whole and is scheduled, along with the proposed Zoning Code Modifications for a public hearing at the November 10th City Council Meeting. JS:pj printed on recycled paper CITY OF NOUND 5341 Heywood Road Mound~ NN 55~64 IUILDINO ACTIVIW ~,..,o~ Oc?o~EI~ ~ 1992 TMM NM~-FMMly NEW NGN-RE$1DEinlAL · o~.t4tsc Remodel ?MM Nofl. WeiJ~ntll/ DE MO[ITION8 210,699 635 1,652,611 230,148 4,198,900 t_ TO~AL 3 r/,.3 CITY of MOUND MOUND. MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 November 5, 1992 To: Ed Shukl e City J4anager From: Greg Skinner Sewer & Hater Supt. Subject: october Activity Report #ate£ Department In October we pumped 22,881,000 gallons of water. He have finished landscaping the northside of pumphouse #6. He have sent in 36 of the 40 copper and lead samples to the State. I will he sending in the remaining four next week. This has been a very time consuming and costly project. The $5.21 fee to cover this project is no where close to covering actual expenses. I have given the City Hanager some additional information regarding the proposed water meter up-grade project. Sewer Department In last months report I indicated that our lift station up- grade punch list should be completed. Not so. We are still experiencing problems with the Alarm Dialers. On October 29, we had a sewer force main break on Three Points Blvd. The 8" main broke and fell apart causing a full flow of sewage in to the soil. The damage to the street was considerable. We had to dig out 170 feet of road and backfill with good material. He started at 3:30 pm on the 29th and finished at 4:45 am on the 30th. He will have the road repaired by Hovember 6, 1992. 3 ~ ~ ~ printed on recycled paper CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 November 5, 1992 TO; PROM; SUBJECT; Ed Shukle' City Manager Oeno Hoff Street Supt. October's Activity Report The first few days of the month we spent finishing up our blacktop patching for this year. We patched the C.B.D. parking lots and then ringing of high manholes and gate valves. The 7th, 8th and 9th we were out with both sweepers picking up leaves and hauling them out to the compost site at Minnetrista. We started mixing salt sand the 14th. We have a little over 1000 tons on hand at the public works site. We're not going to mix anymore until after the elections because we use the parking lot next to the:old Island Park Hall. On the 22nd we hired a backhoe for a day to clean out some open ditches and also some delta areas that form at the outlets of the storm sewers. The 26th we started to put up Christmas decorations. I know its a little early, but its a lot easier hanging all those lights when you don't have to where gloves, it also takes less time. Our snow and ice control equipment is ready to roll. It's a good 3 day job to get everything changed around and mounted. We finally got our new snowplow truck the 27th. This truck we ordered in February but because of two venders having problems, one because of a strike and the other filing Chapter 7, we get delivery of the truck 9 month later. printed on recycled paper 37,15' C~I~"'~'~R! WORK We staked out all of the markers in Division C, so their easier to find in the winter. Staked out 2 graves and 4 stones. WE also clean up the dumping area. SIGN WORK 2 - Stop signs, 3 - No Parking, I - 30 Miles per hour. CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364-t68~ (612~ 472-0600 FAX (6121 472-$62C November 5, 1992 TO; Ed Shukle City Manager FROM; SUBJECT; Joyce Nelson Recycling Coordinator October's Recycling two big event in October was the brush pile and our Fall Recycling days. Both these events were a big hit with the community and surrounding communities. BRUSH PILE We opened the brush pile on Saturday, October 3. Ron Bostrom was the brush pile master. October 3 was a slow day, but by the 4th it was picking up. The brush pile was open Tuesdays and Thursday evenings for the first two week in October, there #as a very people that came in. Sundays was a very popular_ days for dropping off brush also. We closed the brush site on October 31, but we still have a few people that want to drop off brush. FALL RF~YCLING DAYS Between Friday, October 23 and Saturday the 24 we had about 1,000 vehicles come to our Recycling Days. Listed below are the amounts of material brought in without the scrape metal. FALL SPRING Appliances 18.6 tons 30.11 Tires 7.17 tons 24.6 TV's & Stereos 2.0 tons 0 Goodwill 13.15 tons 18.1 Scrape metal ? 55.86 TOTAL 40.92 128.67 printed on recycled paper As you can see we collected more in the Spring, but that's usual. Next year we're thinking of maybe having it open on a Saturday and Sunday, and adding carpeting, mattresses and furniture. November 6, 1992 CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472 0620 TO: FROM: RE: CITY MANAGER CITY CLERK OCTOBER 1992 MONTHLY REPORT The City Council had 2 regular meetings with 17 resolutions. There was Agenda preparation and items to clear up after each meeting. The assessment hearings were held on the following : CBD Parking Maintenance; Delinquent Sewer & Water Bills; Unpaid Tree Removal Charges. Resolutions were prepared and will be certified to the County for all the above assessments. The election took up most of the month of October. Test decks of ballots were prepared, machines were tested for accuracy, all precinct supplies were put together, judges were trained. I will give you more of the statistics from the election in the November report. There were calls on the cemetery, staking for graves, and deaths. There were the usual calls and questions from the public. fc printed on recycled paper CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 November 5, 1992 TO: NAYOR, CITY COUNCIL AND CITY MANAGER FROM: JOEL KRUMM, LIQUOR STORE MANAGER P/~ SUBJECT: OCTOBER MONTHLY REPORT I'm telling you, "Wall Mart" had better watch out. Last month in October, we had almost a 28% increase in sales over october of 1991. In 1991, sales were $95,875. This year October's sales were $122,246. What's even more impressive is that we had to contend with last year's historical Minnesota Twins drive to the World Series. For the year so far, gross sales are $1,063,577. Last year at this time they were $1,012,630. With the holidays approaching, I see no problem with achieving our predicted goal of $1,180,000 in net sales. We should go over the $1.2 million mark. This report is going to be rather short because in two days I'm off to Disney World!! JK:ls print~ on recycled paper CITY of MOUND 534! MAYWOOD ROAD MOUND MINNESOTA55364-1687 ~612 472-1'i55 FAX (612! 472-0620 OCTOBER 1992 MONTHLY REPORT Parks In October we purchased and planted fourteen 2-1/2" ball and burlapped sugar maples and seedless ash trees. These trees were put in parks such as Mound Bay, Swenson, and Philbrook, along with two beach areas including Centerview and Wychwood. Also, we received, but have not installed yet, five park benches and six trash receptacle holders. The benches will be placed at various areas where needed and the new trash receptacle holders will be at Mound Bay Park. Commons/Docks Applications have been submitted to the Minnehaha Creek Watershed District for the proposed riprap and fill that is planned in the 1993 budget. Tom McCaffrey and Peggy James have updated all of the 1993 dock application forms so a mailing can be put together as soon as the 1993 budget is approved in December. Tom_has begun his inspection rounds for dock removal. He has noted a ~: ...... few problems' such as boat storage on City property and dock storage blocking accesses. Cemetery The cemetery has been staked to allow locations for winter burials. This halloween we saw no damage done to head stones as we have in the past. JF:pj 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 Shukle Len Harrell Monthly Report for October 1992 STATISTICS The police department responded to 742 calls for service during the month of October. There were 30 Part I offenses reported. Those offenses included 3 criminal sexual conducts, 2 burglaries, 23 larcenies, and 2 vehicle thefts. -.~ There were 60 Part II offenses reported. Those offenses included 2 child abuse/neglect, 3 forgery/NSF checks, 3 narcotics, 9 damage to property, 12 liquor law violations, 3 DUI's, 2 simple assaults, 3 domestics (1 with assault), 10 harassments, 1 juvenile status offense, and 12 other offenses. The patrol division issued 67 adult citations and 2 juvenile citations. Parking violations accounted for an additional 8 tickets. Warnings were issued to 60 individuals for a variety of violations. There were 3 adults and' 12 juveniles arrested for felonies. There were 22 adults and 4 juveniles arrested~<ilformiSdemeanorS.~There.~re an additional 10 warrant arrests. The department assisted in 10 vehicular accidents, 3 with injuries. There were 19 medical emergencies and 24 animal complaints. Mound assisted other agencies on 15 occasions in October and requested assistance 8 times. Property valued at $32,157 was stolen and $25,229 was recovered in October. MOUND POLICE DEPARTMENT MONTHLY REPORT - OCTOBER 1992 II. III. IV. Ve INVESTIGATION The investigators worked on two child protection cases and two criminal sexual conduct case in October. To date, we have investigated 56 child protection issues in 1992. Other cases investigated include forgery, assault, burglary, theft, runaway, auto theft, harassment, damage to property, and public nuisance. Formal complaints were issued for minor consumption, possession of drug paraphernalia, criminal damage to property, and public nuisance. Personnel/Staffing The department used approximately 80 hours of overtime during the month of October. Officers used 103 hours of comp-time, 57 hours of vacation, 68 hours of sick time, and 4 holidays. Officers earned 52 hours of comp-time. Training Myself, Ed Shukle, and Sgts. McKinley and Grand attended a two day workshop learning about "Community Oriented Policing." Inv. Truax attended a 3 day sex crimes investigators conference. Officer Huggett attended a day in the Wilson Leadership series and Officers attended intoxilyzer refresher in October. Police Reserves The Reserves donated 380 hours during the month of October. They currently have 15 active members. 2 OFFENSES REPORTED CLEARED UNFOUNDED OCTOBER EXCEPT. CLEARED 1992 CLEARED BY ARREST ARRESTED AOULT JUVENILE PART I CRIMES Homicide 0 0 0 0 Criminal Sexual Conduct 3 0 0 0 Robbery 0 0 0 0 Aggravated Assautt 0 0 0 0 BurgLary 2 0 0 0 Larceny 23 1 4 5 VehicLe Theft 2 0 1 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 3 12 0 0 0 0 TOTAL 30 1 5 PART I! CRIMES Child Abuse/NegLect 2 0 1 0 0 Forgery/NSF Checks 3 0 1 0 0 Criminal Damage to Property 9 0 1 0 0 Weapons 0 0 0 0 0 Narcotics 3 0 0 3 3 Liquor Laws 12 0 0 12 12 OWl 3 0 0 3 3 SimpLe AssauLt 2 0 1 0 0 Domestic AssauLt 1 0 0 1 1 Domestic (No AssauLt) 2 0 0 0 0 Harassment 10 0 1 0 0 JuveniLe Status Offenses 1 0 1 0 0 PubLic Peace 6 0 0 5 3 Trespassing · 0 0 0 0 AL( Other Offenses 6 0 1 0 0 12 0 0 0 0 0 8 0 1 0 0 0 0 0 0 0 TOTAL 60 PART Ill & PART IV Property Damage Accidents ? Persona( Injury Accidents 3 Fatal Accidents 0 I~.,dicats 19 Animat Ca, pLaints 24 Nutuat Aid 15 Other General Investigations 582 22 TOTAL 650 Hennepin County ChiLd Protection 2 TOTAL 742 12 25 21 1 MOUND POLICE DEPARTMENT MONTHLY REPORT OCTOBER 1992 CITATIONS 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 Illegal Passing 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 Derelict Autos Seat Belt MV/ATV Miscellaneous Tags TOTAL 0 0 0 8 0 1 0 9 0 3 75 ADULT JUV 3 0 2 0 0 1 5 0 0 0 32 0 1 1 0 0 9 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MOUND POLICE DEPARTMENT MONTHLY REPORT OCTOBER 1992 WARNINGS No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL ADULT 15 5 10 0 3 14 0 0 0 0 47 JUV 6 2 5 0 0 0 0 0 0 0 13 WARRANT ARRESTS Felony Warrant Misdemeanor Warrants 0 10 0 0 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT OCTOBER 1992 GENERAL ACTIVITY SUMMARY THIS MONTH Hazardous Citations 35 Non-Hazardous Citations 26 Hazardous Warnings 4 Non-Hazardous Warnings 30 Verbal Warnings 70 Parking Citations 6 DWI 3 Over .10 2 Property Damage Accidents 7 Personal Injury Accidents 3 Fatal Accidents 0 Adult Felony Arrests 3 Adult Misdemeanor Arrests 32 Adult Misdemeanor Citations 14 Juvenile Felony Arrests 12 Juvenile Misdemeanor Arrests 9 Juvenile Misdemeanor Citations 3 Part I Offenses 30 Part II Offenses 60 Medicals 19 Animmal Complaints 24 Other Public Contacts 582 YEAR TO DATE 610 250 111 346 949 450 54 37 68 18 0 45 360 108 43 88 42 283 614 228 765 5,626 LAST YEAR TO DATE 756 249 27 274 987 331 68 43 79 30 0 48 263 66 22 55 44 298 600 263 977 5,387 TOTAL 974 Assists 48 Follow-Ups 34 Henn. County Child Protection 2 Mutual Aid Given 15 Mutual Aid Requested 8 11,095 731 243 48 120 47 10,867 497 114 43 103 35 RUN: PRO03 PROP TYPE 2-NOV-92 PROP INCIDENT SEQ TYPE DESC NUMBER NO NO INSTALLATION NAME -- MOUND POLICE DEPARTMENT ENFORS PROPERTY - STOLEN/RECOVERED 09/26/92 THRU 10/25/92 DATE STOLEN DATE STOLEN VALUE RECOVERED RECOVERED VALUE PAGE AUTO/TK BIKE CONSUM GUNS JEWELRY JEWELRY JEWELRY JE~ELRY RADIO RADIO RADIO RADIO RADIO RADIO SPT EQP SPT EQP SPT EQP SPT EQP SPT EOP SPT EQP SPT EQP CURNCY OTR MV VIEWING NV PRTS EQP TLS EQP TLS EQP TLS EOP TLS EOP TLS EOP TLS ALL OTR ALL OTR ALL OTR ALL OTR ALL OTR ALL OTR ALL OTR BICYCL STEREO DEPTHF 92001807 92001799 92001660 88001951 92001681 92001681 92001681 92001681 92001731 92001736 92001747 92001851 92001851 92001672 91001654 92001708 92001774 92001775 92001786 92001851 92001851 92001705 92001744 92001705 92001796 92001746 92001746 92001746 92001746 92001747 92001792 92001636 92001656 92001660 92001669 92001681 92001810 92001851 10/24/92 10/22/92 09/29/92 10/02/92 10/02/92 10/02/92 10/02/92 10/12/92 10/12/92 10/13/92 10/01/92 10/01/92 10/01/92 10/06/92 10/17/92 10/16/92 10/19/92 10/01/92 10/01/92 10/06/92 10/13/92 10/06/92 10/22/92 10/13/92 10/13/92 10/13/92 10/13/92 10/13/92 10/21/92 09/29/92 09/29/92 10/01/92 10/02/92 10/23/92 10/01/92 S14,000 10/28/92 $27O Sl 09/29/92 10/06/92 $150 $4O $8O S165 S250 $425 S50 $1,050 S395 $410 S8 $300 S900 S649 S9,000 $475 $45 $2,000 S150 S50 S55 $110 --,s12o $158 S13 S3 S7 S10 S130 $390 10/12/92 09/29/92 10/06/92 10/16/92 10/01/92 10/09/92 10/21/92 09/26/92 10/01/92 $14,000 $1 $500 $250 $1 $900 $9,000 S45 $158 $1 $7 TOTALS: S32,157 S25,229 Run: 30-0ct-92 16:20 CFS08 Primary lSN~s o~ty: Date Reported range: 'ange each day: How Received: Activity Resut ted: Dispositions: Of f i cers/Bedges: Grids: Parrot Areas: Days of the week: No 09/26/92 - 10/25/92 00:00 - 23:59 Alt Att Att Att MOUND POLICE DEPARTHENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 9002 NO O/L, EXPIRED D/L 9003 J-NO D/L, EXPIRED O/L 9006 TEST REFUSAL 32 1 1 1 2 2 1 1 1 9 7 1 5 9 2 1 1 3 7' 1 2 3 9010 8AC OVER .10 9016 STOP SIGN J-CARELESS/RECKLESS 9036 STOP ARM VIOLATION 9038 ALL OTHER TRAFFIC 9060 NO SEATBELT 9100 PARKING/ALL OTHER 9150 BO TRAILER PARKING ~' DRS/I)AR/OAC 9210 PLATES/BO'IMPROPER-EXPIRED 9~00 LOST ARTICLES/OTHER 9301 LOST PERSONS 9309 FOUNO/RUNAWAY 9312 FOUND ANIMALS/INPOUNDS 9313 FOUNO PROPERTY F~UND VEHICLES/IMPOUNDEO 9315 UgCLA[#E DESTROYED ANIMALS 9~) PERSORAL INJURY ACCIDENTS Page 1 Run: ~0-0ct-92 16:20 CFS08 Primary ISNts on[y: No Date Reported range: 09/26/92 - 10/25/92 Time range each day: 00:00 - 23:59 Ho~ Received: At[ Activity ResuLted: Dispositions: Att Officers/Badges: Grids: Patrot Areas: Att Days of the ~eek: 140UNO POLICE DEPARTMENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY CODE NLLqBER OF DESCRIPTION INCIDENTS 9450 PROPERTY DAMAGE ACCIDENTS 7 9500 RECREATIONAL VEHICLE ACC/OTHER 1 9561 DOG BITE 2 9563 DOG AT LARGE 9566 ANIMAL ENFORCEMENT TICKETS 9710 NEOICAL/ASU 1 9730 MEDICALS 16 9731 MEDICALS/DX 2 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 2 9802 PUBLIC ASSIST 1 9900 ALL flCCP CASES 2 990~ OPE#DOOR/ALARMS 9 9930 HANDGUN APPLICATION 9943 PROPel. ER 1 9945 SUSPICIOUS PERSON 1 9950 INFO/INT 1 9980 ~ARRANTS 10 9990 MISC. VIOLATIONS 9992 MUTUAL AID/8100 8 9993 NUTLIAL AID/6500 6 9994 I~JTUAL AID/ ALL OTHER 1 Page Run: 30-0ct-92 16:20 CFS08 Primary ISN~s onty: No Date Reported range: 09/26/92 - 10/25/92 each day: 00:00 - 23:59 How Received: Att Activity Resulted: Att Dispositions: Officers/Badges: At[ Grids: Att Patro[ Areas: Alt Days of the week: ALt ACTIVITY COOE DESCRIPTION A5351 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5355 ASLT 5-INFLICTS ATTEMPTS HRM-HANOS-CHLD-ACQ B346~ BURG 3-UNOCC RES NO FRC-N-UNK ~EAP-COI~ THEFT 84430 BURG 4-UNOCC RES NO FRC-D-UNK WEAP-UNK ACT C2111 FORGERY-GM-MAKE ALTER DESTROY-CHECK-PERSON DRUGS-SM AMT IN MOT VEH-POSS-HAR]J-UNK 0C500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 13060 CR]M AGNST FAH-MS-NEGLECT OF A CH[LO J2500 TRAFFIC-GM-OR]VE UNDER INFLUENCE OF LIQUOR J3500 TRAF-ACCID-NS-DR]VE UNDER INFLUENCE OF LIQUOR L4225 CSC 2 ~EAP-FEAR GB#-PARENT-16-1Z-F L7071 CSC 4-UNK ACT-ACQUAINT-UNDER 13-F - LAAZ'/' CSC 5'MOCONSENT CONTACT-ACQUAINT-16 TO 17-F M3001 JUVENILE-ALCOHOL OFFENDER M4106 LIGUOR - PROCURING LIGUOR FOR A MINO~ M4199 LIGUOR - OTHER M5350 JUVENILE-RUNAWAY M55~9 HEALTN-SAFETY-HAZ WASTE-INFECTIOUS WASTE )ISTURB PEACE-MS-CONCEALING IDENTITY N3070 D[STURB PEACE-NS-PUBLIC NUISANCE N3190 DISTURB PEACE-NS-HARRASSING COJ~K~ICATIONS MOUND POLICE DEPARTMENT Enfors Ca[[s For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 1 1 1 1 1 1 1 1 2 1 1 1 1 7 1 1 1 5 9 Page Rt~: ~0-0ct-92 16:20 CFS08 Primary ISN~s onty: No Date Reported range: 09/26/92 - 10/25/92 Time range each day: 00:00 - 23:59 Now Received: Att Activity Resutted: Att Oispositions: Att Officers/Badges: Att Grids: Att Patrot Areas: Att Days of the week: Att ACTIVITY CODE DESCRIPTION MOUND POLICE DEPARTMENT Enfors CarLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 03882 08SENITY-MS-O6SCENE PHONE CALL-ADULT 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK [NTENT 9 P3600 LITTER-UNLAWFUL OEPOSIT OF GARBAGE-MS 1 Q1291 STLN PROP-FE-POSSESS-OTHER PROP-OVER $2500 1 TC029 THEFT-SO1-2500-FE-BUILDING-OTH PROP 1 TCO59 THEFT-501-2500-FE-YARDS-OTH PROP 2 TC169 THEFT-501-2500-FE-WATERCRAFT-OTH PROP 2 TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP 3 TF169 THEFT-201-5OO-GM-WATERCRAFT-OTH PROP 2 TG021 THEFT-LESS 200-GM-BUILDING-MONEY 1 TG029 THEFT-LESS 200-GM-BUILDING-OTH PROP 1 TG059 THEFT-LESS 200-GN-YAROS-OT# PROP .1 TG099 THEFT-LESS 200-GH-SELF SRV GAS-OTN PROP 1 TG159 THEFT-LESS 200-GM-MOTOR VEH-OTN PROP 1 TN099 THEFT-201-5OO-NS-SELF SRV GAS-OT# PROP 1 U1013 THEFT-FE-BY CHECK-$501-S2500 1 UIO3A THEFT-FE-BY-CREDIT-CARD-201-2500 1 U3018 THEFT-MS-BY CHECK-200 OR LESS U~288 THEFT-MS-SHOPLIFTING-200 OR LESS 3 U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS 1 U~998 FRAUO-MS-OTHER ACT-200 OR LESS 1 VA021 ~H-MOR£ THAN 2500-F~-THEFT-kLr~O 1 Page Run: 30-0ct-9~ 16:20 CFSO~ NOUND POLICE DEPARTMENT Primary ISN's on[y: No range: 09/26/92 - 10/25/92 each day: 00:00 - 23:59 Ho~ Received: ALt Activity Resulted: ALL Dispositions: Ail Officers/Badges: All Grids: ALL Patrol Areas: ALi Days of the week: Ail Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS VA029 VEIL-MORE THAN 2500-FE-THEFT-BOAT-MTRL Page **** Report Totals: 259 Run: 30-0ct-92 16:27 OFF01 Priory lSN~s (~Ly: No Date Reportecl ra~e: ~/26/92 - 10/25/92 Tim range each day: 00:00 - 23:59 Dispositions: ALL Activity codes: Att Officers/Badges: Att Grids: ALL ACT ACTIVITY COOE DESCRIPTION A5351 ASLT S-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5355 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ B346~ BURG 3-UNOCC RES NO FRC-N-UNK WEAP-CC)M THEFT 84430 BURG 4-UNOCC RES NO FRC-D-UNK WEAP-UNK ACT C2111 FORGERY-G~-NAKE ALTER DESTROY-CHECK-PERSON DA540 DRUGS-SM ANT IN NOT VEH-POSS-MARIJ-UNK DCSO0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 13060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR J3500 TRAF-ACCIO-MS-DRIVE UNOER INFLUENCE OF LIQUOR L4225 CSC 2 WEAP'FEAR GBH'PARENT-16-17-F L7071 CSC 4-UNK ACT-AC(RJAINT-UNOER 13'F LAA77 CSC 5-110 CONSENT CONTACT-ACQUAINT-16 TO 17-F M~O01 JUVENILE-ALCOHOL OFFENDER M4130 L1QUOR*INTOX LIQUOR LICENSES-PROHIBITED ACTS M4199 LI~IOR - OTHER M5350 JUVENILE-RUNAWAY N5539 HEALTH-SAFETY-HAZ WASTE-INFECTIOUS WASTE N3060 DISTURB PEACE-MS-CONCEALING IDENTITY N3070 OISTURB PEACE-MS-PUBLIC NUISANCE N3190 DISTURB PEACE-NS-HARRASSING COMHtJNICATIONS P3110 PROP DAHAGE-NS-PRIVATE-UNK INTENT HOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 100.0 0.0 50.0 0.0 0.0 0.0 100.0 10C 100.0 100.0 100.0 0.0 0.0 0.0 100.0 100.0 100.0 100.0 100.0 0.0 lO0.b 11.1 12.5 Run: ~-0ct-92 16:27 OFF01 MOUND POLICE DEPARTMENT Primary ISN's onty: No Date Reported range: 09/26/92 - 10/25/92 each day: 00:00 - 23:59 Dispositions: Att Activity codes: Att Officers/Badges: Att Grids: Att Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED P3600 LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS Q1291 STLN PROP-FE-POSSESS-OTHER PROP-OVER $2500 TC029 THEFT-501-2500-FE-BUILDING-OTH PROP TC059 THEFT-501-2500-FE-YARDS-OTH PROP TC169 THEFT'501-2500-FE-WATERCIb~FT-OTH PROP TF159 THEFT-201-5OO-GN-MOTOR VEH-OTH PROP TF169 THEFT-2OI-5OO-GH-WATERCRAFT-OTH PROP THEFT-LESS 200'GM-BUILDING-MONEY THEFT-LESS 200-GM-BUILDING-OTH PROP TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG099 THEFT-LESS 200'GM-SELF SRV GAS-OTH PROP TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP TN099 THEFT'201-5OO-MS-SELF SRV GAS-OTH PROP U1013 THEFT-FE-BY CHECK'$501-$2500 UIO3A THEFT'FE'BY'CREOIT-CARO-201-2500 U3018 THEFT-MS-BY CHECK-200 OR LESS U3288 U3498 U3998 VA021 THEFT-MS-SHOPLIFT%NG-200 OR LESS THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS FRAUO-MS-OTHER ACT-200 OR LESS VEH-MORE THAN 2500-FE-THEFT-AUTO THAN 2500-FE-THEFT-BOAT-MTRI 1 1 1 2 2 3 2 1 1 1 1 1 0 1 1 0 0 0 0 0.0 0 I 0 0 1 0 1 100.0 0 1 1 0 0 0 0 0.0 1 1 1 0 0 0 0 0.0 0 2 2 0 0 0 0 0.0 0 3 2 0 1 0 1 33.3 0 2 2 0 0 0 0 0.0 0 1 0 0 0 1 1 100.0 0 1 0 1 0 0 1 100.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 0 0 0 1 1 100.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 0 0 0 I 1 100.0 0 3 0 1 1 1 3 100.0 0 1 1 0 0 0 0 0.0 0 I 0 0 0 I 1 100.0 0 1 0 0 0 1 1 100.0 0 1 1 0 0 0 0 0.0 **** Report Totals: 1 81 40 21 8 12 41 50.6 MOUND POLICE RESERVES MONTHLY REPORT OCTOBER 1992 DETAILS EMER RES. COMM H/F TRAIN INSTR RIDE C/O SQUAD SERV BALL ING TION ALONG BADGE # Fox, Jim 2.0 4.0 Geyen 4.0 Fox, K 4.0 Norton 3.0 6.0 Litjeberg 7.5 41.5 11.0 Lyng ALLee Berent 4.0 CoLe 4.5 FLeming Haarstad 11.0 Maas 6.5 2.0 Nassett NeLson, S 10.0 QuneLL Z.O 15.0 11.0 HiLger 3.5 7.0 SNenson, J Erdman Ringate TOTAL 34.0 90.5 40.0 3.0 2.0 2.5 3.0 2.0 12.5 0 0 8.5 6.0 8.5 11 .0 26.5 40.5 8.0 4.0 113.0 ADMIN 15.0 15.0 15.0 15.0 15.0 75.0 MEET lNG 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 15.0 TOTAL 31.0 23.5 20.5 24.0 7'8.5 0 0 5.5 14.5 8.5 26.5 10.0 75.0 20.5 4.0 0 0 380,0 MONTHLY ACTIVITIES Ride Atongs Meetings Transports Reserve Squad FootbaLt Games OLL Marathon Dance S.H. HaLLoween Parade RecycLing Orop Off R19 R1 R3 RIO Rll R5 R22 R4 R57 ACTIVE RESERVES Fteming Fox, J. FOX, K. Netson, S Qunett, D Norton, L Harastad, P. LiLjeberg, R Lyng, L R24 R2 R53 R54 R55 R59 R17 R56 Maas, J. Geyen Swenson, d Erdman, T. Nassett, S. Berent CoLe Hitger HOUND POLICE RESERVES SEVERENCE ACCOUNTS OCTOBER 1992 OFFICER Sherry Zuccaro Jeff FJeming Tom Geyen Jim Fox Katie Fox Sam Ne[son J. Swenson S. Nassett P. Haarstad L. A[[ee L. Lyng L. Norton T. Erdman R. Litjeberg J. Maas O. Qunett T. Berent P. Cole J. Hi[get TOTALS KF/sh @EPOSIT $ 0 0 0 6.50 0 0 0 0 0 0 0 6.50 0 19.50 19.50 6.50 0 6.50 6.50 s 71.5o SALANCE $215.67 397.21 259.10 453.58 341.58 182.00 130.00 71.50 58.50 110.50 130.00 156.00 39.00 91.00 91.00 19.50 13.00 6.50 6.50 $2,772.14 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF OCTOBER 1992 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE JEFF ANDERSEN X X 2 19.00 1 7½ 24 6_tiff 144.00 GREG .~',,"'DERSON X X 2 19.00 1 3~/ 12 6.fY} 72.00 JERRY BABB X X 2 19.00 ~ 3~ 16 6.f~q 96.00 ~o~ sR~CE x x 2 19.oo o o 18 ~.~o u7.oo so3Tr SRYCE X X 2 19.00 4 2~ 15 6.OO 9O.OO DAVE CARLSON X X 2 19.00 1~ 1 18 6.OO 108.00 Jm CAS~ ~.~, f E? 0 -0- 2 0 15 6.OO 9O.OO STEVE CO~LINF_.S X X 2 19.00 2 2½ ll 6,0O 66.OO RAI~Y ~EU{A~ X X 2 19.00 2}t 2~ 9 6.OO ~4.00 STh'~ l~J~ ,-X X Z - 19.00 Z 1 19 · 6.00 114.00 ~x]. riSK -' x x z ~9.00 0 z s 6.oo ~s.oo ~nm~LD C~RVAZS X X Z ~"2003~ I 2Z ' 6.OO 132.00 D~ ORA~ ?.' x 1 9.~o 4 ~ 2s 6.00 168.oo KEVIN GRADY X X Z 19.O0 2!~ ~t~ 24 6.00 l~_flf~ P.~rL ~'~¥ X X 2. 19.00 6ii 3~ 20 6.00 MARV NI~F-,ON X X 2 19.00 2 ~½ 11 6.00 GREB p.a,l./t X X 2 19.00 2It 1 15 6.00 ~ PALM X X 2 19.00 0 lhi 17 6.00 Tl~! PALM X X 2 19.00 1½ 2 17 6.00 102.00 GRBO PEDERSCI~ X X 2 19.00 2 0 17,, 6.00 102.00 TONY ~SEN X X 2 19.00 0 0 16 6.00 96.00 Mrna- ~VAOE, X 'X 2 19.00 4~i 2~l 23 6.OO 138.00 ~l ~ X_ X 2 ~9.00 0 0 I5 6.OO 9O.OO ~! Sm~SO~ 'E X 1 - 9.~0 0 2 14 ~.00 8~.00 ED ¥~ X X 2 19.00 il2 1 21 ~00 126.00 RICK WI~:~,~,I,M X X 2 19.00 13 2½ ii12 6.00 72.00 --Tl~l WIL~3r.~MS X X 2 19.00 2hi 6if 13 6,00 78.00 ~DI~I$ WOYTCKE X X 2 19.00 2~ 2½ I2 6.00 72.O0 31 33 64 [sq~ 82 'IDr_.ALS 77k R2k ]C-,~ ~ I~nR t~ 603 ~ 3~632.25 160 HRS l~nI.~ MOUND FIRE DEPARTNENT MONTHLY ACTIVITY REPORT 32 36 3~3 370 MOUND FIRE 11 7 P~ 67 MINNETONKA BEACH FIRE ~ '~: 4 0 ] 1 1 ~~ 0 I 4 5 o~o~o ~ 2 ~ ~o SHOREWOOD FI~ 0 0 2 SPRING P~K F~ 2 2 26 '~ ~ .... 0 0 4 2 ~TUAL AID Y~AL FIRE CALLS -'~' ' 19 16 i62 159 ~AL E~RGENCY CALLS 13 : ~ ~1 211 ~c~ 3 1 12 6 ~I~ 3 3 57 ~ o o ~ 2 ~ 3 2 ~3 7 ~. ~ ~ ~ 1~ 121 2119 1762 - MO~ ~ 183 1~ 25~ 2785 ~ 373 ~1 ~9 4~7 FI~ 75 0 178 - MTKA BEACH ~~ 0 19 ~ ~ 75 19 2~ FI~ 0 28 416 - M~IRISYA ~ 50 85 577 ~ 50 113 ~3 1~6 F!~ 45 ~ 392 - ORONO {~ ~ 0 374 ~ 79 ~ 7~ ~48 ~I~ 0 0 126 8 - SHOREWOOD ~ 0 0 16 15 ~ 0 O 142 23 - SP. PARK ~ 0 95 972 395 ~ 26 125 14~ 1029 F~ O O 2~ 40 -~~ ~ o o o o ~ O 0 220 40 lOYAL DRILL HOURS 1~ 170 171~ 1637~ TOTAL FIRE HOURS 336 267 3978 3932 ~OTAL EMERGENCY HO~S 267 379 4579 ~8 ~ F~ i ~ ~ E3 ~6 8557 79~ ~TUAL AID RECEIVED 0 O 3 4 MUTUAL AID GIVEN 0 0 4 2 DRILL MOUND FiRE DEPARTMENT Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First aid and Rescue Operation .... Use of Self-Contained Masks REPORT Pumper Operation Fire Streams & Friction Loss House Burnings Natural/Propane Gas demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliance Iqgz Hours Training Paid : (~ Excused X Unexecused O Present / Not Paid ,~,J.Garvais J.Andersen ~!.Grad¥ ~,l iiAnderson .Grady Sabb .Henderson Boyd ~J~__P.Henry ~i. Bryce ~!.Landsman S.Bryce .Marschke .Carlson .Nafus .Casey ~/./J.Nelson S.Collins M.Nelson R.Englehart ~B.Niccum S.Erickson ~_~_G.Palm P.risk Rassmusen Savage Sta I lman Swenson ~E.Vanecek R.Williams T.Williams O.Woytcke DRILL REPORT ~OUND FIRE DEPARTMENT Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First aid and Rescue Operation Use of Self-Contained Masks !Pumper Operation Fire Streams & Friction Loss House Burnings Natural/Propane Gas demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliance Hours Training Paid : ~ Excused X Unexecused O Present / Not Paid laneous : ~/~J.Andersen G.Anderson J.Babb D.Boyd D.Bryce S.Bryce ~_~S.Collins ~_~_~R.Englehart ~_~_S.Erickson ~/~P.Fisk PERSONNEL ~J/~J.Garvais D.Grady K.Grady C.Henderson P.Henry B.Landsman R.Marschke J.Nafus BJ!Nels°n Nelson Niccum ~_~_G. Pa lm ~_M. Pa I m WT'palm G.Pederson T.Rassmusen M.Savage K.Sipprell R.Stallman T.$wenson .Swenson ~__~E.Vanecek ~e~R.Williams ~ T.Williams .woytcke ''TOTAL :'.9/17 ' 9,'21 '.9/23 '.9,'26 A,.DERoEN JEFF : , 7.5 ANDERSON GREG ' : 3.5 DADD GERALD : : 3.5 BOYD DAVID ' ' ..~ 5 BRYCE DON : ' 0 . 0 BRYCE SCOTT : : 2.5 CARLSON DAVID :', I . 0 CASEY JIM :: 0.0 COLLINS STEVE :, 2.5 ENGEL[IART RANDY ,': 2 . 5 ERICKSON STEVE :: 1.0 FISK PIIILIP : : 2.0 GARVAIS GERALD :: 1.0 GRADY DAN :: 1.0 GRADY KEVIN :: 2.5 IIENDERSON CRAIG :: 2.5 I1ENRY PAUL : : 3.5 LANDSMAN BRAD :: 2.5 MARSCIIKE RON : : 4 · 0 NAFUS JOIIN :: 2.5 NELSON JAMES :: 2.5 NELSON MARV :: 2.5 NICCUM BRET :: 2.5 PALM GREG :: 1.0 PALM MIKE. ,,°' PALM TIM PEDERSON GREG RASMUSSEN TONY' SAVAGE MIKE SIPPRELL KEVIN VANECEI'; ED WILLIAMS RICK WII,LI .... TIM WOYTCI~ I.; DENNIS 1.5 : 2.0 :.~ 0.0 : 2 5 2 5 : 0.0 : 2.0 : 1.0 : 2.5 ', 6.5 : 2.5 '' 2 5 ''25 '' 3°0 ,, 2.5 '' 2.5 '' 2.5 ''25 '' 3 0 D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D TOTALS ,:u~.°o 0 ,''36, .5 ,' 0.0 :2.5 '25 ' '25 '3.5 '25 : 2.0 ' t.0 : ~ c UICXCU 136.5 : 9.0 DATE MOUND FIRE DEPARTMENT TOTAL MAINTI~IANCE FOR MONTH OF I J. ANDERSEN t G. ANDERSON /-/ S. BRYCE ~ J. c~s~Y ~ S. COLLINS ~-- S. MRIClCSON ~ P. FISK _ 3~ ~,. C,~VA~S ~l- K. GRADY ~ C. HENDERSON / ~; J. NAFUS _ ~ J. NF~_~ON ~ M, NELSON ~ B. NIC~ ~G. P~ ~ T. PAhM ~ G. PEDERSON ~ ~:. m~s~ussm q~_ M. SAVAGE K. SIPPRELL /~ W. SWENSON ,~.- E. VANECIfI( /~ ~. wI~ BOARO MEMBERS Dav~ H. Cochran. Chair Greenwood Tom Reese, Vice Chair Mound Douglas E, Babcock, Secretary Spnng Park J. P. Boswinkel, Treasurer Minnetonka Beach Sco~ Cadso~ Minnetdsta Albe~ (Berl) Foster Deephaven James N. Grathwol Excelsior JoEIlen L. Hurt O~ono William A. Johnstone M~nnetonka Duane Markus Wayzata George C. Owen Victona Tom Penn Tonka Bay Robe~ Rascop S~orewoo0 Robert E. Slocum Woodlanci LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEHONE 61Z'473-703 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR NOV 3 1992 TO: MOUND CITY COUNCIL DATE: NOVEMBER 3, 1992 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: OCTOBER REPORT - LMCD 1.0 GENERAL INTEREST ITEMS. 1.1 I~urasion Watermilfoil Task Force. A letter has been written to thc DNR asking that they come together on a policy on the use of Sonar, specifically what would constitute a successful outcome for a test use. It appears that the environmental and fisheries people are not in agreement. That being the case, our chances of getting a unanimous agreement to go forward as result of the St Albans Bay test is slim. There is some added hope in thc search for a biological agent that might control thc milfoii. Such a weevil has been located, but much work remains to be done. Gene Strommcn and others key in thc exotics species programs here attended a meeting at thc U with Dr Sally Sbeldon who has been doing significant work on this subject in Vermont. This work in Minnesota is being spearheaded by Dr Ray Newman and the U of M. 1.2 Management Plan Thc Lake Access sub committee met with stakeholders on Oct 21st. It was a rather lengthy, slow moving meeting, but some progress was made in defining a reliable space, and thc hours of operation of these spaces. Thc next meeting is Dec 9th at 7:30PM in Minnctonka Community Room' 1.3 Other General Interest Items. Thc dispute with thc multiple dock owners on thc fee structure was settled for this year with an agreement to charge $10 per WSU, and some · other agreements, too lengthy to discuss here. Basicamy, wc will continue to advance ways to track the actual costs and work with a commitee of thc multiple dock owners on what constitutes a reasonable fee in the future. The Lake Use committee has had its trust meeting with concerned persons seeking ways to reduce the engine noise of boats on the lake. The outcome of the election of officers is: Cechran, Chair; Penn, Vice-Chair, Carlson, Treasurer; and Babcock, Secretary. 2.0 CITY SPECIFIC ITEMS - MOUND 2.1 Chapman Place. The request for a variance was denied, although Vince McClellan amended his added length request from 26 ft to 15 ft. He was willing to provide and maintain a make ready dock for thc /l[oat launch. J~at dock would make the 73 Mound spaces reliable in the Mound Representative Lake Minnetonka Conservation District cc Gene Strommen 3gqq Twenty-Fifth Anniversary 1967-199£ OCT 3 9 1992 LAKE MXHHETONKACONSERVATIOH DISTRICT October 27, 1992 TO: LMCD Board of Directors Lake Access Task Force Members FROM: Lake Access Task Force Chair Jim Grathwol SUBJECT: Lake Minnetonka Public Access Task Force Meeting / _R_.epoyt: .... The..TTask ~.~or~9.t__~._Oc3_~_iLber~ 21, 1992',~ '~it~eW~epresented were ................ E~e~~~etr~s~m,~on~,- ~'~orewo~;. Spring ~- Pa~k~' TOnE~TB~ and W~yz~.ta.. -AgenC~e~ represented were He~he~'in ~a~e~-~0'~'~ 'DNR,~ an~ ~b~g~i. zation= represented were F.A.I.E~ (Fishermen Advocating Intelligent Regulation}, MN State B.A.S.S. Federation, MN Sportsfishing Congress, and Maxwell Bay Residents. LMCD Board members present were Task Force Chair Jia Grathwol, Doug Babcock, Scott Carlson, Bert Foster, JoElien Hurt, Mike Bloom, Bob Rascop and Tom Reese. The principal accomplishment at this meeting was reaching consensus on Parking Standards for Lake Minnetonka Public Accesses. Primary changes in the Parking Standards, compared to the standards developed in 1986, are: Extending the distance for car/trailer parking spaces from 1,500' to 2,000' from a public access point. 2. Providing 700 car/trailer parking spaces on weekends and holidays from Memorial Day to Labor Day, with at least 50% of car/trailer parking spaces available weekdays. Hours of parking availability will be determined by LMCD in cooperation with the DNR. 3. Count only 75% Of on-street parking spaces unless the parking is specifically signed "Car/Trailer Only". Count car-only spaces (no trailer} in access lots up to 10% of the total car/trailer parking spaces per lot. TASK FORCE AGENDA ITEMS OF 10/21 MEETING CARRIED FORWARD. The Lake Access Task Force will meet 7:00 pm, Wednesday, December 9, Minnetonka Community Center, to continue discussion and recommendations on: Car/Trailer Parking Inventory of 755 spaces as reported by the Data/Standards Subcommittee: a. 148 spaces currently available in lots, meet standards. b. 300 spaces currently used to 2,000', could meet standards by negotiating agreements Lake Access Task Force 10/21/92 Meeting Report, P. 2 Ce 120 future additional committed spaces. 219 {plus/minus) spaces requiring more extensive negotiation. {See full explanation of car/trailer parking inventory on enclosed 10/5/92 summary) Maxwell Bay access status. 3. Equitable distribution of ?00 car/trailer parking spaces by Zone through coordination and cooperation ..... ...... ~- ~. among~ci~ies ...... ~.~ ~ ..... - ~ 4'- Eeport.~'other accesp site possibilities: "~?--a~ Howard's PE~nt Marina, Shorewood b. Mai Tai Restaurant (former), Excelsior Future Task Force activity, including proposals by the Steering Committee. ACTIVATION OF THE LMCD LAKE ACCESS COMMITTEE. Significant progress is being made by the ad-hoc Lake Access Task Force in dealing with achieving the 700 car/trailer parking goal for Lake Minnetonka. It is now timely that LMCD's Lake Access Committee take up the balance of lake access responsibilities identified in the Management Plan. Lake Access Objectives are detailed on page 41 and Lake Access Policies are detailed on pages 42-44. [nitiati've at this time will enable coordination of related objectives and policies with the ad-hoc Lake Access Task Force as may be appropriate. Members ofthe Lake"Access Committee designated in January, ~992, aret Jim Orathvol, Excelsior Doug Babcock, Spring Park Mike Bloom, Mtka Beach Scott Carlson, Minnetrista Bert Foster, Deephaven 3oEllen Hurr, Orono William Johnstone, Mtka Duane Markus, Wayzata Robert Rascop, Shorewood Tom Reese, Mound A meeting will be called in November. Enclosurest Recommended Parking Standards Car/Trailer Parking Inventory of 10/5/92 DNR letters of 10/7/92, Howard's Point & Mai Tai Lake Access Task Force chronology Lake Minnetonka Conservation District I r..C'D OCT 2 9 1992 PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES (Recommended by the Lake Access Task Force 10/21/92) The Lake Minnetonka Lake Access Task Force Data Gathering/Standards Subcom- mittee recommends the goal of 700 long-term reliable spaces for car/trailer parking in the vicinity of present and future access sites at Lake Minne- tonka. The Subcommittee further recommends that the Lake Minnetonka Conservation District (LMCD) establish an acceptable set of standards for identifying and counting of these spaces and monitor progress toward the goal on a continuing basis. The following set of standards is recommended by the Subcommittee for application to Lake Minnetonka: Ail spaces must be within 2,000' of a public access point. For car/trailers parked between 1,500' and 2,000', a temporary boat mooring facility at the ramp site for a number of boats equal to 10% of the parking spaces must be provided. Ail parking locations away from the access site should be provided with a long-term agreement, three year minimum, with five years more desirable, on file with the LMCD. Within that time availability, if any designated spaces need to be removed, they must be replaced with comparable spaces. The location of parking spaces, either off-street or on-street away from the access site, must be identified by clear, aesthetically attractive, consolidated, capable of being inexpensively updated, signage. Ail off-street spaces must be illustrated on a plan on file with the LMCD. The plan shall clearly indicate each car/trailer space and ade- quate ingress, egress and maneuvering space. Parking space minimum size standards (in feet): Vehicle only 9 x 19 (HDCP 12 x 19) Car/trailer 10 x 40 -~. On-lot designated trailer parking on grass is acceptable if vehicle is parked on graded/paved surface. Ail spaces must be available on an unrestricted, first-come-first-served basis, ac a mini..~u.,~ 700 RELIABLE SPACES WILL BE AVAILABLE FROM MEMORIAL DAY TO LABOR DAY from 5 pm on Fridays until midnight Sundays, and on (continued) Lake Minnetonka Conservation District PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES (Recommended by the Lake Access Task Force 10/21/92) (continued) c-~- A__~ ~c -- C~v~. ,c FIFTY PER CENT OF RELIABLE holidays, ........ ~ ....... - - ~- -J. SPACES WILL BE AVAILABLE WEEKDAYS. HOURS OF AVAILABILITY WILL BE DETERMINED BY LMCD IN COOPERATION WITH THE DNR. Vehicle-only spaces (no trailer) on public access parking lots can be counted toward the total goal of 700 car/trailer spaces provided that the number of such spaces counted for any given lot does not exceed 10% of the total number of spaces on that lot. (Example: Out of 50 total parking spaces on a lot, seven are for vehicle only. Only five of the seven may be counted toward the goal of 700 [i.e., 10% of 50 = 5].) 6. All on-street spaces should meet the following additional standards: 6.1 Minimum length of 50 feet per space. 6.2 Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. 6.3 Of the total non-designated (non-signed) on-street parking spaces, only 75% are considered to be reliable in order to account for non- access related public parking. 6.4 Designated and signed on-street car/trailer parking spaces viii be counted 100% for car/trailer use. 6.5 On-street car/trailer parking spaces must be illustrated on a plan by street name on file with the LMCD. 10-28-92 °°1 °1° °1° o olo E-~ 0 3~ · · · · · · · · · · · · EPARTMENT OF NATURAL RESOURCES PHONE NO. Trails and Waterways Unit 1200 Warner Road, St. Paul, 772-7936 MN 55106 FILE NO. October 7, 1992 OCT 9 1992 Mr. Gene Strommen, Executive Director LMCD 900 East Wayzata Blvd. Suite 160 Wayz~.ta, ~.~N 55391 Dear Mr. Strommen, On August 17, 1992 Martha Reger and I toured Howard's Point Marina for purposes of evaluating it as a potential public water access site. This was done the company of, and at the request of, the LMCD Lake Access Task Force Chairman Jim Grathwol and LMCD Chairman Dave Cochran. in It was our opinion that the site could be developed as a public access if the road allignment were corrected to allow sufficient room for the turn around and ramp area. Further details related to site design and operation would need to be resolved with the present owners, tenants, neighbors and the City of Shorewood. We did not do an exhaustive evaluation, therefore other design challenges might be found. This action would require extensive consultation and coordination with the City of Shorewood. We would recommend that further study of the feasibility of this be referred to the City, or it's representative to the LMCD Mr. Robert Rascop. We would be happy to assist this effort in any way we can. If you have questions about this initial analysis do not hesitate to contact me. Sincerely, Regional Supervisor c. Dave Leuthe Dennis Asmussen Brad Thompson Mike Markell OCT 2 ! 1992 ' ..~?/O.D. AN EQUAL OPPORTUNITY EMPLOYER PHONE NO. DSTATE OF EPARTMENT OF NATURAL RESOURCES Trails and Waterways Unit 1200 Warner Road, St. Paul, MN 551(~l~3ENO. 772-7936 October 7, 1992 Mr. Gene Strommen, Executive Director LMCD 900 East Wayzata Blvd. Suite 160 Wayzata, MN 55391 OCT 3 g 1992 Dear Mr. Strommen, On August 27, 1992 Martha Reger and I toured the Mai Tai Restaurant property for purposes of evaluating it as a potential public water access site. This was done along with and at the request of the LMCD Lake Access Task FOrce Chairman Jim Grathwol and LMCD Chairman Dave Cochran. It was our opinion that the site has limited potential as a public access if operational issues related to traffic on the public street and relationships with the adjoining properties could be resolved. Until we have studied and evaluated this situation in greater depth, we are not willing to state that a public access would be feasible. Details related to site design and operation would need to be resolved with the present owners, tenants, neighbors and the City of Excelsior. We did not do an exhaustive evaluation, therefore other design challenges might be found. This action would require extensive consultation and coordination with the City of Excelsior. We would recommend that further study of the feasibility of this be referred to the City, or to you as it's representative to the LMCD. We would be happy to assist this effort in any way we can. If you have questions about this initial analysis do not hesitate to contact me. Regional Supervisor cc: Dennis Asmussen Mike Markell Dave Leuthe Brad Thompson OCT 3 t 1992 AN EQUAL OPPORTUNITY EMPLOYER October 21, 1992 OCT :2 gc'; LAKE ACCESS TASK FORCE FOR LAKE MINNETONKA Chronology of the 1992 Lake Access Study: Ae Bt The LMCD Management Plan for Lake Minnetonka, adopted 10/91, confirms LAKE ACCESS OBJECTIVES (p. 41): Establish by 1993 criteria for acceptable access including ramps, reliable lakeside and remote parking for car/trailers, handicapped access, appropriately signed. Criteria should provide for: a. Minimizing use of on-street parking b. Minimizing amount of lake frontage required c. Control environmental~ aesthetic impacts on lake and adjacent properties d. Minimizing effects on local and neighborhood traffic patterns Complete by 1993 a Joint study of all access ramps and associated car/trailer parking Develop a plan by 1994 for providing LMCD-approved boat access ramps with 700 reliable car/trailer spaces e Provide by 1995 a total of 700 reliable boat access parking spaces 5. Widen or otherwise improve by 1996 the efficiency of existing ramps for use by more than one car/trailer at a time. :-- The Management Plan similarly confirms LAKE ACCESS ~]LICIES which inalude~ --~-~., - 1. -The LMCD will cooperate-with DNR to establish a plan to ensure the availability of 700 reliable car/trailer parking spaces and public and private launch ramps. e Future public access points will utilize remote parking and shuttles as appropriate. The LMCD will work to optimize the use of public lands for winter access for all user groups. e The goal for parking at public ramps will be to provide sufficient off-street parking in the vicinity that utilizes remote parking facilities, facilitates handicapped access, minimizes on-street parking, lake frontage, water quality effects, aesthetic intrusions, and minimizes effects on local and neighborhood traffic flow. Lake Access 1992 Study Chronology, ~0/92, Po 2 Ce DNR Introduces in 11/91 Offer of Option to Purchase Land on Maxwell Bay for a Public Access. Orono City Council learns from staff 11/12/91 of DNR access option on Maxwell Bay, raises many questions. 2. LMCD Water Structures Committee learns-from staff 11/16/91 of DNR access option, recommends a ~-~¥b~.~m..it%ee.-~£.i?esidents~and ci~-~.o~icials, to work . '~' ~ ~-~h~NRt~ ~giV~g ~suppor~-~to-the~acquisit~o~ 3, ~-~_ ~. '~' '~~'~~~4~'9~', .~a'rS~s~o~x.~ros Orono - ~_ ~'~f~i~l a~-~k~'e-. ~eSi~t~_cO~test~ng ' giving support to an access acquisition without first receiving recommend~tions o~ city/residents. The Board agrees, appointing a study committee to include affected parties and public agencies. 4. The MN DNR, in response to communications from Orono and LMCD officials and interested persons offers proposals on 1/9 and 1/16/92 on how it would handle its option to purchase the access on Maxwell Bay. This would include formation of a multi-agency and interested party Task Force to provide a cooperative e~fort among all parties, reaching the most desirable solution to the access prospect on Maxwell Bay. LMCD Board approves on 1/22/92 entering into the Task Force arrangement~-Proposed by the DNR to address ~ access to the lake, requesting DNR to not purchase ~.~optioned-property, ~ Meeting~ of the La,,"-Access Task Force begin. First meeting o~ 3/11/92 results in formulating the purpose, goal and ob3ectives~ with three sub-committees formed: Standards Data Gathering Steering ge DNR and LMCD staff conduct a Car/Trailer City Parking Inventory Update April 13-14, meeting with city staff among cities providing public lake access. A detailed narrative of 4/15 and subsequent Inventory Update of 4/30 are prepared and forwarded to the Data Gathering Subcommittee in preparation for its first meeting set for June 10. Data Gathering Subcommittee reviews 4/30 Inventory Update. Reliable criteria for car/trailer parking is identified as an immediate need. Lake Access Study ChronolOgy, 10/92, p. 3 Standards Subcommittee met June 18. Facilitator Don Buckhout is introduced. Parking Standards for Lake Minnetonka Public Accesses as developed in June, 1985, serve as starting standards. DNR presents a typical public access car/trailer lot layout. A combined Standards and Data Gathering Subcommittee met July 15. Tasks assigned at the June 18 subcommittee meeting were presented: Car/trailer parking inventory physical count taken week of July 6-10 to 1,500' and 2,000' from access ramp by LMCD intern Jon Linne using surveyors' equipment. July 15 inventory reports 845 c/t spaces. b. DNR presents Existing Access Analysis. Existing accesses are: 1) Grays Bay Dam 2) Grays Bay 101 Causeway 3) North Arm 4) Spring Park 5) Williams Street 6) Carsons Bay 7) Cooks Bay 8) Kings Point. A series of access plan models were also illustrated. c. Gabriel Jabbour presented aerial photographs of public access sites. Definition of reliable parking spaces, drawn from 1986 Parking Standards, was developed. Three supplemental recommendations were developed for consideration by the full Task Force. LCMR grant outcome for funding additional land acquisition for Maxwell Bay access options announced at $944,000, subject to legislative approval in 1993. Standards and Data Gathering Subcommittee met August 12, amending the C/T Parking Inventory of 7/15/92 to reflect realistic street parking at the Zone 5 Williams St. access, deleting 59 street spaces. Additional adjustments brought the count to 755 c/t spaces. Parking Standards were reviewed in draft form and recommended for modifications. Standards and Data Subcommittee met September 9 to finalize Parking Standards, C/T Parking Inventory and Supplemental Recommendations for presentation to the full Task Force. Actions were identified for presentation to the Task Force to complete the access parking objectives. Access site investigations in addition to Maxwell Bay were identified as still under consideration. BOARD MEMBERS David H. Cochran, Chair Greenwood Tom Reese, Vice Chair Mound Douglas E. Babcock, Secretary Spdng Park J. P. Boswinkel, Treasurer Minnetonka Beach Scott Carlson Minnetrista Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoEIlen L. Hurr Orono William A. Johnslone Minnetonka Duane Ma,kus Wayzata George C, Owen Victoria Tom Penn Tonka Bay Roberl Rascop Shorewood Robert E, Slocum Woodland LAKE MINNETONKA CONSERVATION DISTRIC 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEHONE 612,'473~'~. October 29, 1992 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR OCT 3 0 1992 Mr. Tom Reese City of Mound 5641 Bartlett Boulevard Mound, MN 55364 Thank you, Tom . . . for your service as vice chair of the Lake Minnetonka Conserva- tion District this past year. Your willingness to undertake a more "global" role in the board responsibilities this past year has benefited several programs beyond your earlier specific focus on the Eurasian Water Milfoil Task Force. Lake use, environmental and enforcement concerns have brought attention to priorities the board shares with you. Hopefully enough cities will find the shoreland lighting worthy of their adoption to make the evenings on Lake Minnetonka as enjoyable as the daylight hours! Having been close to the Management Plan development, it would be an excellent time for you to guide some of the immediate implementation needs coming forward this coming year. Due dates of 1993 seemd a long way out in the fall of 1991, but we are about there . . . with much to be accomplshed. I am sure Dave Cochran would welcome your effort in a select area in this implementation need. Your LMCD staff and entire board joins in thanking you for the service this past year, and we welcome the same enthusiasm for the coming year. ,Eugene R. Strommen Executive Director cc: Mayor Skip Johnson /~ City Administrator Ed Shukle League of Minnesota Cities 3490 Lexington Avenue North St. Paul, M~ 55126 (612) 490-56O0 October 28, 1992 To: From: Subject: Managers or Clerks (Please distribute a copy of these materials to your mayor and councilmembers) Andre, Executive Director /,//t0~"' 1993 Policy Adoption Conference and Legislative Policies During the past few months there has been a great deal of attention focused on national, state and local elections As a member of the League of Minnesota Cities, your city is entitled to vote on the enclosed Proposed 1993 Ci_ty Policies and Priorities. The policies address significant city issues such as local government aid, other property tax relief programs, tax increment financing, transportation funding, pay equity, solid waste, and wetlands protection. We will also discuss the League's city aid formula proposal. The League membership will vote on these policies as part of the LMC Policy Adoption Conference, which will be held on Thursday, November 19, 1992, at the Decathlon Club, 7800 Cedar Avenue South, Bloomington. The club is located on the south frontage road along 1-494. Take the 12th Ave. exit to reach the site. The phone number is (612) 854-7777. In addition to the consideration of the proposed policies, city officials will have an opportunity to hear fi~om a variety of speakers on municipal issues. A description of the program and a registration form is provided on the reverse side of this letter. In order for League staff to plan properly for the meeting we urge our to members register early. OVER League of Minnesota Cities 1992 Policy Adoption .Program Thursday, November 19, 1992 The Decathlon Club Schedule 9:~0 a.m. 9:45 a.m. The Decathlon C3ub 7800 Cedar Avenue South Bloomington, MN (al2) 8.~-~77 President's message-'T ~rr~-~en, LMC President an~l Mayor, Golden Valle,/ ~ Session preview Legishtive perspectives on major issues affecting cities: State budget and dty aid Solid waste 10:45 a.m. Break 11:00 a.m. Report and recommendatiom on the League of l~finnesota Cities dty aid formula proposal. 12.'00 noon Lunch Federal Legishtive Mandates Development Strategies Elections and Ethics General Legislation and Personnel I and Use, Energy, Environment and Transportation Revenue Sources League of Minnesota Cities 3490 Lexin~ Avenue North SI;. Paul, MN 55126 (612) 490-5600 LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING RULES 1. Registration Registration shall remain open from the previously announced opening of conference registration until completion of policy adoption. 2. Voting Privileges Only one delegate per city shall be permitted to vote on policy p~, priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes. Only those officials with voting cards for their cities shah be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting car is the city's delegate for purposes of voting. Committee Reports The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. After adoption of policy language, the chair or vice chair shall move adoption of priority rankings. Upon a motion by at least I0 delegates, the chair shall place on the agenda for discussion: 1) a proposal to make a substantive change in the language of a proposed policy, 2) change a priority, 3) a request to divide a proposed policy statement, or 4) to take a position which the appropriate policy committee chair or representative states was not considered by the committee. The text of nonprocedural motions and amendments, other than changes in policy priorities and motions to divide a policy statement, must be submitted in writing to the chair prior to debate. Mv, iority ~uir~ Amendments to ~aguage or division of proposed policy statements require a majority vote of the City delegates voting on the motion. Final passage of any policy or amended policy or change in priority requires a favorable vote of 2/3 of the City delegates voting on the policy. $. Disputes Disputes regarding eligibility to vote shah be referred to the LMC General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question (main motion) is in order. Limits on Debate Each speaker shah be limited to thr~ minutes on any debatable question. The chair may extend the debate limits in order to consider an issue if numerous delegates request to be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption, but in no case shah the length of time be reduced to less than three minutes per side. 7. Padiament~ Procedarz Precedence. The policy adoption process shall be governed by the LMC Constitution, these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. ~ of the Chair. Debnte of the motion "appeal of the ruling of the chair,' rule//6 notwithstanding, shall be limited to two minutes by the appealer and two minutes by the chair. Either may designate another eligfole voting delegate (or LMC officer or board member) to speak in his/bet phce. ~!lP.g~. Motions to "rescind" and "reconsider" shall require a two-_thirds vote of delegates present and voting. 8. Number of "A" l~iodties A motion to change a proposed policy's priority to an "A" priority must also propose another "A' proposed policy to be reduced below an "A" priority. The final number of 'A" priority policies shall not exceed the number proposed to the conference by the Legislative Committee, but when a policy with a proposed 'A" priority is divided, the number of "A" priorities shall not be considered to be in~reased. PFo rities for legislative ahd 3490 Lexington Avenue North St. Paul, MI~ 55126-2977 (612) 490-5600 FAX (612) 490-0072 All rights reserved~ Printed in the United States of America Legislative Policy Committee Members Development Strategies Craig Wald, m~ l~onomic Deve~ Divmcto~, Rosevill~--Chak Robert Hamnan, Administm~, huk Rapids---Vic~ Chair Duano D. Admk City Admi~,~ato~, Marshall David R. Arvi8, Mayor, Twin Valley Thomas Burman, Councilmember, Ai~kin Charmayne J. Coclmm, Coumilmember, Sprin8 Valley Romeo C/r, Mayor, Red Wing Chuck DiHerud, Community Development Dir., Plymouth Brian Fritsinger, Connnunity Development Dir., Perham Lany D. Hansen, Admlni~ra~', Stewartville Teni Heaton, D~p. Dir. ofAdmin. Serv., Bloomington Jon Hohenstein, Asst. to Adminis{rator, Hagan Susan Hoyt, Administrator, Falcon Heights Liz {ensen, Councilmemher, Mound Ronald S. Johnson, A&min~lor, Zumbro~a SteVell J~ ~Minift~ator, MOra Andrea Hart Kaj~r, Legidative Liaison, Minneapolis Tom Kedrowski, Couucilmemb~, Prior Lake Mark D. Larson, AdmiuisUator, Olenc~ Scott Lal3o~ Aflmini-~UMOr, Cambridge Joan Lyuch, Councilmemher, Shakopeo Paula Maccahee, Counci]memheF, St. Paul John Motavec, Cooncilmeml~, Crystal Bl'uce P~i'~ Comml]l]jty Developnl~flt DiF~ Wi{Jmnr Harold A. Rainey, Executive Dh'. EDA, Mountain Lakm Rou Rosstad, Admin. SCFv. Dir., Oakdale Larry Siegler, Coq~ilmember, Fairmont Rouald A. SMustrum, Cotmc~her, Blaine Carol Tiedemau Zupetz, Mayor, Mountaiu IFOn Judy Tschumper, Economic Development Dir, Bumsville All Wikstwm, Adminstrator, Yonng America Election and Ethics Dianne Krogh, Assistant Manager/Clerk, West St. Paul--Chair Fran Cladt, City Cim~ Mound---Vic~ Chair Lucille E. Aurdius, Clerk, Maplewoed James Cossrov~, Admin_ Serv. Dir., So. St. Paul Judith Cox, Ciu/Cie,k, ~,topee Patricia Crawfmd, Clerk/Treas., Motley Thomas P. Forber, Ck,k, Richneld Darlene George, City Clerk, Crystal Cawle Grimm~ C~ Ro(;hest~f Christine Koch, Councilmember, Mendota Heights Barbara Lanum, Councilmember, Bass Brook Scott Luse, Councilmemher, Long Lake Myrna Mnikkula, City Clerk, Brooklyn Park Han'y Mares, Mayor, White Bear Lake Joyce Mercil, Director of Electiom, Minneapolis Mary Ivlueller, City Clerk, Apple Valley Doris Nivala, AdmYClerk/Treas., Ham Lake Molly O'Rourke, City Clerk, St. Paul Susan Olesen, City Clerk, Bumsville Joan Russell, Councilmember, Golden Valley JoAnne Student, Deputy Clerk, Columbia Heights Maria Vssiliou, Councilmember, Plymouth Sue Walsb, City Clerk, Rosemount L& Wiu~ Dap. CkS, hsan v.v~n Wou~re, C~ ae,k, Skx~.~tm General Legbla~ton and Personnel W'dliam Thompson, Mayor, Coon Rapids--Chair Michael McCauley, City Manager, Waseca-Vic~ ~ Richard Abraham, A,4m{,,i~ator, Lake City ~ Bastian, Mayor, Maplewood Lynn Boland, Personnel Director, Apple Valley Patrick Boley, Mayor's Office, St. Paul Lon'aine Browne, Mayor, Atwater Thomas Buff, City Manager, SL Anthony Milos Cmobma, Personnel Director, Burnsville St~ven Devich, Assis~m lvhna$~r, Richfield Holly Duff, Am. to Admiaistntor, EaSaa Dick Ensebmson, Mayor, Deel~aVm Bob Fragnito, Mayor, Nashwauk Kelly P. Frawk'y, Assr to .~i,,/Pe~m~l Offer., Cottage Grove Glenn Gabriel, Director Public Safety, Ken l-la~un8, Admlni~trator, Beypofl l~ul Hicks, Com~ilmemher, Hastings ~ Holzer, Fire Cl~e~ Bm~sviHe Jeff~y Jacobs, Councilmember, St. Louis Park Andrea Hart Kajer, Legislative Lia~ Minneapotis Joha Kelley, Chief of Police, New Brighton Stephea KinE.= Manager, Montevideo Audrey Krebs, Councilmember, Breckenridse Tom Fo~eser, Councilmeml~r, Crystel Anthony Mayer, General Mgr.--Crosslak~ Telephone Co., Crosslake Kathleen McBride, Finance Director, So. St. Paul Seaa M¢connell, Councilmemher, Rochester Kent Michaelsoa, Dir., Personnel/Labor Relations, Mancel Mitchell, Police Chief, St. Loui~ Park Mark Nagel, City Manager, Anoka James Norman, Adminislralor, Renvilb Samantha Orduno, Adminis~rntor, Mounds View Desyl Peterson, City Attorney, Minnetonka Miriam Po~r, A~ator, Victoria Bryan Read, City Administrator, Kenyon Michael Retrdon, President, MACTA, Easan 'fbon~s Reher, Administrator, Fairtnout Howard Rowland, Personnel Director, Brooklya Park M~rk Sather, City Manager, White Bear Lake Susaa Schumacher, Assistant to Administrator, Maple Grove Dan Scott, Police Chief, Buffalo Je~nette Sobn-i,, Personnel Coordinator, Plymouth Jaa Tubandt, Councilmetnber, Wadena Joyce Twistol, Cle~ Blaine David Ummcht, Manager, Prior Lak~ Betty Zachmann, Clerk/Treas., Wimted Land Use, Energy, Environment, and Transportation Chuck Siggerud, Public Works D/rector, Burnsvill~-Chair Cut, is Jacobsen, City Adm/ni~rator, Howard La~-Vice Chair 1993 City Policies and Priorities "I Revenue Sources John Fodn, Mayor, Ma~hall--C~air Ka~n Anderson, Councilmeml~r, Mitmetmdm--Vi~ Clair Du~ Addi~ks, State Legislative L'abo~ Minn~pob Km~ E. An~ Mayor, l~s ~ Fman~ Dir~tot, l~nsviib Ronald L. Anderson, Mayor, BIo,~,i~ Praiti, ham W. Antonen, City Manager, William Ra.~ott, City Manaser, Mankato Michael Binnz, Mayor, West S~. Paul Douglas Bunkers, City Administra~, Madi~n EdwaM Burrdl, Finance Director, Rosevib Paul Ciernia, Councilmember, Fsdoon Heights Wmud Cluk, Council President, Two Harb0n Ruth Crawford, Coun~ilmember, Terry Dussaulk Asst- to City Mtnager, Blain~ Dan Fausk Finance Director, Maplewood Francis D. Hag, n, Manager, Ro~binsda~ Lyk Htn~, ta,yor, SL Louis JO~I Hanso~ Adminb~ator. Liub Canada Ot~ lsaada~ Clerk-~, Cottmwood John Jensvokl, Asst. to Adminbtntor, Fm~ult, Robert W. Johnson, City Adminis~ator, Montgomery Danull Johns0~ Treasut~-t~Fin OW~cer, Winona Femer "Sky' Johnson, Councilmember, Mound JetTr~/E. rdrbon, Clerl~r~., Ammxl~ D vid J. Kmn dy, City AUorn y, Duano Knutson, Mayor. Ferti~ Lynn Lander, Administmor. Hmnantown Steven Mielke, City Manager. Ron Moorse, Administrator, Doug Nakari, Admr/Clerk/Tre~ Cook Dennis Nelson, Clerk/Treas~ Windom Lanulk Olsen, Councilmember, Nofihfieid Lylo R. Obon, Director of Admin. Serv., Bloomi~ Stev~n Perkins, City Administrator, Luverm, Jon E. Raw, Councilmember. Rolbay Al Ringsmuth, Mayor. W~it, Padt Mark Siev~t, City Ad~,,i~ta~r, St. James -- sparks, City Admintf u , Sun4ins, Councth mb , Apple Badky Swemon, Aa~i,vator, Wad~na Daniel J. Vogt. Admr/Clerk/T~as., Brainml James Willis, City Manager, Plymouth John Youn8 Jr., Councflmember, Hawley Paul Zimny, Coun~ilmember. Royalton Federal Lefblatlve Larry Bakken, Mayor, Golden Valley Janel ~ Fed~al Liaison, Minneapolis David ~ City Manager, New Brighton Stan T. Christ, Mayor, Mud~ato K~in Fraz~ City Administrate, Cottage Grov, James Hunn, Administrator, ghor~vood ' Grog Konat, Manager, Burnsvilb Oail Lippe~ Adminis~ra~r~ns.,Oromfbld Bob Long, Cotmcilmember, SL Paul Miltie MaclJod, Councilmewlm, Moorbead Bruce Nnwn~J~ Council President, Columbia Heigl~ Lanelle Olsen, Councilmember, Northfield Doug Pearson, Councilmember, Brooklyn Park S~even Perkins, City Administrnkx, Luven~ Neff Peterso~ Ma)or, Bloom~.~ Mm7 Pete~son, Councilmemb~, Ro~besm' Clarence l~nnllo, Mayor, St. Anthony David E. Rmk~l, Councilmember, itannony Tony ScaUon, Councilmember, Minneapolis Pew Stolley, City A,t~i,vator, Nortl~eid Term~ Stm~e, Mayor, Madelia John Young Jr., Councilmember, Hawky .2 League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 804 of Minnesota's 855 cities as well as 10 urban towns and 21 special districts. All sizes of communities are represented among the League's members (the largest non-member city has a population of 223) and each region of the state is represented. Thc policies that follow arc directed at specific city issues. Two principles guide the development of all League pol'ieies: Minnesota cities' need for a governmental system which allows flex~ility and authority for cities to meet challenges for governing our cities and providing our citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control; and That the financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal state, and local governments. This parmership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well-being of city residents. PRIORITY SETI'ING "A" priority indicates a major issue area to which the League would devote a large amount of time and resources, working actively with legislators and other groups to seek new laws or regulations, and when appropriate introduce legislation. "B" priority indicates issue areas that are important to cities but on which thc League would probably spend less time unless thc legislature or other groups mount a major effort to which the League would respond. "C" priority indicates issue areas to which the League would respond only when other groups raise the issue and to which the League would not commit a significant amount of staff fime. 1993 City Policies and Priorities 3 Contents l,~t~tive Policy Committee Membera ............................................................................................................................................. I Geucral Policy Statement .................................................................................................................................................................. 3 ~ndates Policy ................................................................................................................................................................................ 6 DS-I. DS-2. DS-3. DS-4. DS-I DS-6. DS-7. DS-8. DS-9. DS-10. EE-I. EE-2. EE-3. EE-4. EE-5. EE-6. EE-7. EE-8. EF,-9. EE-10. EE-ll. ~'~,-! 2. r,~-13. EE-16. EE-17. Development Strategies Development of Pollutod Lends A ............................................................................................................................... 7 Tax Inacment Fmancin8 A .......................................................................................................................................... 7 Buildi~ Pamit SurchafBe Fees B ............................................................................................................................... $ Development Financing B ............................................................................................................................................ 8 Housin8 B .................................................................................................................................................................... Municipal Service Distfi'"'""~s B ..................................................................................................................................... 9 Small Citiea Community Development Block Grant Pro,-ams B ................................................................................. State and Local Develofxnmt Policy B ....................................................................................................................... 9 Economic Development A~ C ...................................................................................................................... ! 0 Tax-Exempt Status of Land Cities Hold for Development C ...................................................................................... Klectlens and Ethics ' Ab~cntm Balloting A ................................................................................................................................................... ! I Afl Matin Ballot P-Jections A ................................................................................................................................... !i Authority to Pill Vacancies by Appointment B ............................................................................................................. ! 1 Automatic Recounts B ................................................................................................................................................. 12 Lobbyist Reportin8 Requirements B ............................................................................................................................ ! 2 Precinct Boundaries B .................................................................................................................................................. 12 Rcimbunemm! for State Eloctiom B ........................................................................................................................... Reportin8 Voim for Write. In Candidates B .................................................................................................................. 1 Structu~ of City Gov~nmcut B ................................................................................................................................... Abaeutoe Ballot~ for Hospitalized Votcrs C ................................................................................................................. !.imitin8 Local Campaign Coutributions C ................................................................................................................... Local Elections C ......................................................................................................................................................... 14 Optional port Horn C .................................................................................................................................................. 14 Pr~idetltial Ptimaly C ................................................................................................................................................. 14 Removal of Candidata Nan~ from Ballo! C ................................................................................................................. 15 S~hedule for Redistrictin$ C ....................................................................................... Voter Fraud C ............................................................................................................................................................. 16 GLP-2. GLP-3. GLP-4. GLP-5. (ILP-6. GLP-7. GLP-8. GLP-9. GLP-10. GLP-I !. GLP-12. GLP-13. GLP*I4. GLP-16. GLP-17. GLP-19. GLP-20. General Legidatlon and Personnel Comparable Woflh A ...................................................... ; ............................................................................................ 17 Minnesota PubLic Employment Labor Relations Act (PELRA) A ................................................................................. 18 Toff Liability and Insunn~ A ................................................................................................................................. 18 Veterans' Preference B ................................................................................................................................................ 19 F, mploye~ I~m~flU B ........................................................................................................................................... 19 P~mpioym Tmfnin~ and Educafloa P, equircmmta B ..................................................................................................... 20 Local Police and Paid Fire R~liefAssociations B ...................................................................................................... 20 Open Mec~n8s and Data Practices B ........................................................................................................................ 21 Prevailing Wase B .................................................................................................................................................... 22 Publi~ Contracting B ................................................................................................................................................... 22 Public Employees Retimnent A,~ociation (PERA) Benefits, Fmancin8. and Administration B ................................... 22 Recovery of State Program Admlni-~ration Corn B ..................................................................................................... 23 SUlking and Other Harassin8 Behavior B .................................................................................................................... 23 Utility Service Territories B ........................................................................................................................................ 23 Volunteer Firefighten B .............................................................................................................................................. 23 Cable Communications C ............................................................................................................................................ 23 Gopher State On~-Call C ............................................................................................................................................. 24 Liquor luues C ............................................................................................................................................................ 24 Military Leaves C ........................................................................................................................................................ 24 Presumptions for Worken' Compensation Benefits C .................................................................................................. 25 4 League of Minnesota Cities LUEET-I. LUEET-2. LUEET-3. LUEET-4. LUEET-$. LUEET-6. LUEET-?. LUEET-8. LUEET-9. LUEET- 10. LUEET-I 1. LUEET- I Z LUEET-13. LUEET-14. RS-I. RS-2. RS-3. RS-4. RS-5. RS-6. RS-7. RS-8. RS-9. RS-10. RS-Il. RS-12. RS-13. FL-I. FL-2. FL-3. FL-4. FL-5. FL-6. FL-7. FL-$. FL-9. FL-10. FL-12. FL-13. FL-14. FL-16. FL-17. FL-20. FL-21. FL-22. FL-23. ~L-24. FL-25. FL-26. FL-27. Land Use, Enerfy, Faivh*omenk and Transportation Solid and HnTnrdous Waste Management A ................................................................................................................. 26 Transportation Systems Funding A .............................................................................................................................. 27 Transportation Utility Fee A ........................................................................................................................................ 28 Wetlands Conservntion A ............................................................................................................................................ 28 Annexation A ............................................................................................................................................................... 29 Municipal State Aid System B ................................................................................................................................. ,.. 29 Railroad Right-of-Way Preservation B ......................................................................................................................... 30 Transportation Services Fund B ................................................................................................................................... 30 Wastewnter Treatment B .............................................................................................................................................. 30 Water Conservation and Preseryation B ....................................................................................................................... 31 Zoning. Subdivision, and Planning Statutes B .............................................................................................................. 32 Energy Conservation C ................................................................................................................................................ 32 Environmental Trust Fund C ........................................................................................................................................ 32 Road and Highway Jurisdiction and Funding C ............................................................................................................ 33 Revenue Sources Properly Tax Reform and State Aid to Cities A ............................................................................................................ 35 City und nahnces A .................................................................................................................................................. 36 Service Duplication Taxation Exclusion B ................................................................................................................... 37 City Fimncial Reportins Requirements B .................................................................................................................... 37 Cooperation, Collaborntion, and Consolidation B ......................................................................................................... 37 Penalties and Interest on Delinquent Proper~ Taxes B ................................................................................................ 37 Service Fees for Government. Owned Property B ......................................................................................................... 38 State Administrative Costs B ....................................................................................................................................... 38 License Fees C ............................................................................................................................................................. 38 Local Property Tax Authority C ................................................................................................................................... 39 Referendum Lev~es C .................................................................................................................................................. 39 Sales Rntios C .............................................................................................................................................................. 39 Taxation Hearing and Notification l_aw C .................................................................................................................... 39 Federnl Legislative Single Fnmily Mortgage Bonds .................................................................................................................................... 41 Homelessness/Housin$ Zssu~ ...................................................................................................................................... 41 HOIvlE Investment Partnership .................................................................................................................................... 42 HOPE - Home Ownership and Opportunity for People Everywhere ............................................................................. 42 Incentives to Preserve Affordable Rental Housing ....................................................................................................... 42 Rcmowal of Reguhtory Barriers ................................................................................................................................... 42 Comprehensive Housing Assistance Stratel~ (CHA~) ................................................................................................. 43 FHA Insurance Changes ............................................................................................................................................... 43 Portability of gzctio~ 8 Housing Certificates and Vouchers ......................................................................................... 43 Siting of group Home Residential Facilities ................................................................................................................. 44 Mixed Populntion~ ....................................................................................................................................................... 44 Anti-Drug Abuse: Prevention and A.~istancz ............................................................................................................... 44 Federal/Local Fiscal Relations ..................................................................................................................................... 45 Federal Mandates ......................................................................................................................................................... 46 Solid Waste Management ............................................................................................................................................ 47 Airport Noise Control .................................................................................................................................................. 48 Cable Television Regulation ........................................................................................................................................ 48 Economic Development ............................................................................................................................................... 49 Rural Development Issues ............................................................................................................................................ 50 Groundwater Protection ............................................................................................................................................... 52 Clean Water Act .......................................................................................................................................................... 52 Lead Contamination ..................................................................................................................................................... 53 Transportntion ............................................................................................................................................................. 53 Passenger Facility Charges and Airport Trust Pund Expenditures ................................................................................. 54 Re,gee Assistance ..................................................................................................................................................... 55 Social Security Deductions for Election Judges ............................................................................................................ 56 Government Accounting Reporting Requirements ........................................................................................................ 56 1993 City Policies and Priorities ' Mandates The league oppo~ uny additional unfunded gate inundates and urges the gevernor, Legblature, and state agencies to adopt a policy of dellbe~e restraint agalng new mandate~ tkrougk statute and rule, and ~be costs which ~re passed on to Iocal governments. The league supports legMation which would allow iocal government~ to not comply with unfunded mandates. The League al~ urges the Legislature to review, repeal, or revise current mandate~ One of the most serious problems facing cities is the growth in the number and cost of federal and state- mandated programs which substitute the judgments of Congress and th~ Legislature for local ..bgdget_priod- ties. l~ecent examples of costly mandates include: comparable womb, binding ad~itration, prevailing wa/e, legal compliance audits, newspaper publications, and election requirements. The League, therefore, supports legislntion which allows noncompliance with new unfunded mandates. The League recommends that only under specific conditions should this noncompliance option not be available. Except under the following conditions, the noncompli- ance option for state mandates should be available to local governments: The state pays for the full local costs of the man- date from a source other than the Local Govern- ment Trust Fund (LGTF); · A new non-property tax source of local revenue is authorized to pay for the mandate; The mandate law is approved by a 2/3 vote of both the House and the Senate and the costs do not exceed the fiscal impacts which have been esti- mated through an improved state-local fiscal note process; or · The mandate and the associated expenses nre federal, not stnte, requirements. The League believes that a statement of compelling statewide interest and need for a new mandate should be required both for new laws and for state agency rules. League of Minnesota Cities Development Strategies DS-I. Development of Polluted Properly (A) The League supports legislation that would: A. Eliminate state aid penalties for tax increment financing for hazardous substance subdistric~; Polluted sites will continue to have a blighting influ- ence on our communities and pose a potential health threat to our state's citizens unless this problem is addressed. DS-2. Tax Increment Financing (A) B. Provide a source of funding for a statewide revolving loan fund for the clean-up of contaminated sites wMck have potentlal for development; C. Make "no action letters" amilable to the prlmto sector as ,,ell as the public sector, with a requirement for certainty of closure; and D. Create and enforce Pollution Control Agency development action response tlmellnes. Across the state, Minnesota cities are faced with tremendous obstacles to the development of polluted properties. The Legislature has taken e~,.ouraging action to address the liability exposure f~ development of polluted property. The extensive costs ofclean-up still present an obstacle to development of poliCed land. Clean-up costs often exceed the value of the hnd so there is no incentive for private sector intervention. Pubtic sector subsidies are therefore crhicai. In 1990, legislative changes to the tax increment law made hazardous substance subdistricts useless in providing assistance w.~h clean-up costs, and Super- fund dollars are not sufficient to address fl~ds need. ht addition, there is some question whether designation as a Superfund site may have negative mmi£w, ations for later development. The Minnesota Pollution Control Agency (MPCA) is often unable to meet the necessary timelines for issuing "no action letters." In collaboration with city officials, the MPCA should immediately develop reasonable response timelines to improve their ability to facilitate clean-up of polluted properties. Development opportu- nities can be lost as a result of such delays, in addi- tion, while "no action letters" are readily available for public entities, they are not available to the private sector. In addition, some certainty concerning "clo- sure" is needed after a property has been cleaned up according to directions by the MPCA. The League supports changes to the tax increment financing (TZF) laws which will make this economic development, redevelopment, and housing tool more usable, Including general authority for pollution districts and ellmination of the city ald penalty. The changes to TIF made during the 1988, 1989, and 1990 legislative sessions have restricted TIF, and, as a result, have reduced the ability of cities to engage in needed development and redevelopment. TIF should be modified to allow cities to address blight or poilu- tion, or for economic development ~,:l redevelopment wh~c.h ca~ be addres.~d h a rehtively short period of time, Considering these priorities, cities should have autiioriry ~ create the redevelopment, renewal/renova- lion, manufacturing, housing, underground space, and soils condition districts. Statewide authority should also be granted for all cities to create pollution districts. TW authorities should be strongly encouraged to clean up contaminated proper- ties. Redevelopment and renewal/renovation districts should be able to be redesignated as pollution districts if pollution requiring significant clean-up costs are discovered in the district. Dumtional limits on districts could be reduced, pro- vided the TIF authority is statutorily permitted to determine the appropriate date on which to receive the first full increment. "Full increment" is the increment collected from the market value of the improvements which are determined by the assessor to approximate the market value that is identified in the plan or development agreement. This process is current practice for the administration of TIF in most counties. Qualified districts should not be subject to the aid penalty provisions contained in current law. A district whose tax capacity has a growth rate for the previous five years that is less than that of the school district in which it is located would be "qualified." In addition, 1993 City Policies and Priorities -7' because of the job creation and positive economic impacts, all manufacturing districts should be exempt from the aid penalty. In order to address certain blight, pollution, and urban problems, the League also urges the Legislature to remove the pooling and five year testrictm' ns on renewal and renovation districts, redevelopment districts, pollution districts, and ~ revitalization action program (URAP) areas. Limited use of tax abatements, in coordination with county officials, offe~ a new mechanism to address problems which does not require the corrective actions of a tax increment district Abalements, however, do not serve, as an adequate .replacement for TH*; tempo- mrily ~ tax burdens to other propesties can .: .: provide only limited solutions for specific problems-Or properties. DS-3. Buildimg Pcrndt Surchas~e Fees (B) The Legislature should reinstate the law which returns the amount of local!y generated building permit surcharge fees which exceed the costs of the state building code dlvtslan to local an~ of govern- ment. Local units of government levy a one-half percent surcharge on building permits which is paid to the state to operate the State Building Codes and Standards Division- Until the 1991 Legislature changed the law at the request of the governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for training and continuing education costs for building officials who enforce the state's building code. Local units of lovemment are facing tough financial thnes and need every available resource, especially one which is locally generated and is not needed to fund the enforcing state agency. DS-4. Development Financing (B) The League supports the continued use of industrial development bonds (IDBs) and other tax.exempt Instruments as development tools. Tax-exempt financing allows cities to undertake a diverse range of activities to prevent economic deterio- ration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the local tax base. Federal tax legislation has substantially changed tim applicability of tax-exempt development financing Az a re.alt, the League recommends the following prin- ciples: Municipal retention of maximum of Minnesota tax.exempt development allocation authority;, Maintenance of local discretion and flex~ility in development decisions; and Minimizing state control of local development decisions. The League asks that the governor and the Legisl~ continue to involve the League in developing a m~thod of allocating the authority to i.~ue tax-exempt bond~. I~-$. Ho~ing ~he League urges ~e ~l~ure to con~ue sup~ far ~u~ wk~ e~ c~ ~ kous~g ~k ~d ~ ~ce ~ con~n of s~g~ ~d mu~f~ kous~g ne~ ~e ~gue r~ommen~ ~e~ sped~ ~n~ ~ ~ ~e ~n~ ~uld ~cr~t ~~g ~ ko~g ~m~n~ av~lo ~m low- ~d hom~g p~j~ ~d ~ s~ p~j~ ~ently t~ low to c~ ~!~ proj~, ~d for ~h homing ~ not b~ing ~lly m~t. ~o ci~ aid pe~ adopt~ ~ 1~ ~es this s~tion wo~o, ~d it shoed ~ repe~ B. Tke share of market value In the TIF housing project that can be used for purposes other than Iow- m~/moderat~/m~ome/wusing should be increased from 20 percent to $$ percent The oppommity for a project to include a greater share of highor-income housing, commercial, or other properties in a TIF housing district can frequently make possible the consm~on of low- aad moderate-income housing which would otherwise not occur. C. The differences in property tax class rates between owner, occupled property and rental property should be reducetl The first $72,000 of homestead property has a class rate of 1.0 percent of market value, com- pared to 2.5 percent of market value (one-three units), and 3.4 percent for rental housing with four or more units. These large class rate differences discourage the construction and ownership of multifamily rental League of Minnesota Cities homing, as well as the avaihbility and upkeep of single.family housing on a rental basis. D. Property tax relief for Iow-income rental housing should be tied to agreements by developers and property owners to maintain affordable rates to assure long-term availability of such units. E. The procedure for allocating Iow-income housing tax credits enacted by the 1990 Legislature should be continued. F. The homing Impact and replacement mandates enacted by the 1989 Legislature should not be tight- ened or extended to all cities. Cities and their devel- opment organizations follow extensive due process procedures, and are required to provide relocation benefits and assistance. Measures that also require cities to replace low-income housing on a one-for-one basis are um'easonably hindering public improvements and efforts to improve the local economy and standard of living. The state's compliance requirements which apply to Duluth, Minneapolis, and St. Paul should be changed to match the federal relocation guidelines. DS-6. Municipal Service Districts (B) The League supports legislation allowing cities to create munic!pal service districts. Cities should have authority to finance the types of Improvements listed In Minn. Stat. 429.021 (relating to the constntction, replacement, and maintenance of such tMngs as streets, sidewalks, gutters, storm and sanitary sewers, waterworks systems, street lights and public lights, and public malls, parks, or courtyards) without baying to obtain specific authorizing legislation. Current Idw'-already' lncludes t~e necessary safe- guards to ensure the local participation and support of affected taxpayers. Both service charges and ad valorem property taxes should be available to J'mance services or capital Improvements In the district. Court decisions concerning special assessments have made it even more difficult for cities to use special assessments to finance public services and improve- ments. The Minnesota Supreme Court has interpreted the Minnesota Constitution to require not only that a special assessment project "specially benefit" affected parcels or property, but also that the city be able to prove that the market value ora property will increase in direct relation to the amount of the special assess. ment applied to that property. This interpretation has made it more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to newly built improve- ments. In addition, cities' abilities to finance annual operating and maintenance costs of some services to property through the use of special service charges is unclear under current law. The only current financing alternative to special assessments or services charges, the general property tax, is not appropriate to f'mance some capital or operating expenses. DS-7. Small Cities Community Development Block Grant Programs (B) The League supports state administration of the small cities portion of the Community Development Block Grant (CDBG} program. The League also supports the continuation of the set-aside of federal funds for economic development grants and aug- mented state appropriations to supplement the federal funds set aside. The small cities CDBG program should continue as a source of funding which encourages cities to develop viable communities by providing decent housing and suitable living environments and expanding economic opportunities, principally for low- and moderate- income people. The state should maintain the CDBG program balance between cities' economic develop- ment needs and the needs of iow- and moderate- income people. Cities should retain maximum flexibil- ity in determining how to carry out CDBG program objectives. The League suggests that an expanded program, including a formula for matching, require state funds to be used to match local funds. The program should be designed to encourage cities to recycle state funds and the local match, and to leverage public funds and to fill in f'mancing gaps. These funds should not be used to provide financial incentives to new start-up or relocat- ing businesses within the state. DS-8. State and Local Development Policy (B) The League urges the Legislature to create a state development policy that specifies the state's goals and work plan for economic development and redevelop- 1993 City Policies and Priorities merit, acknowledges that cities are tbe primary agents to facilitate and coordinate development, and autho- rizes the appropriate tools and revenue sources in a imely ma#ncr for cities to achieve those goals. Many communities throughout the state are threatened by physical deterioration and a lack of economic opportunity. As neighborhoods deteriorate, so does a city's ability to combat the problems of crime, homelessness, and unemployment that so often accom- pany community decay. As tax bases dwindle, a city's ability to generate dollars to rehabilitate distressed areas decreases. Revitalization oflVlinnesotn's cities is necessary for continued efficient use of existing i~)cal and state inve~h~ents in infrastructure. Acrou the state,/~eonomic develOPment i~minton and and goals. Although cities support efforts by the Department of Trade and Economic Development to create an"F.~onomic Blueprint for Mtnneso~," it provides no r~ognltion ofthe ~ tole clti~ play in improving the economic health ofthe state and promoting development and redevelopment. The Legislnttu'e should also acknowledge this role. l'he League continues to support state policies which acknowledge the partnership between the state, cities, and community residents, and to allocate the necessary resources and revenue options to cities. Cities urge approval of new worknble state enterprise zone or manufacturing job opportunity zone incentive pro- The League also encourages the Legislature to enact a new version of the urban revitalization action program (URAP) to address specific characta~ and demo- graphics which contribute to blight and decay in the central cities, suburban cities, regional outstate centers, and small cities. DS-9. Economic Development Authorities (C) The League supports legislation which would provide city economic development authorities with the same power and authority as those given for port authori- The League believes that it is unfair and unreasonable to grant greater authority and power to some cities in the economic development field and requests the following changes. Authorize aH cities to designate economic develop- ment areas anywhere within their jurisdiction, or in joint powers agreements with other cities to designate m'ea development authorities. Present hw seriously restricts the use of these authorities by requiring that economic development areas be contiguous and meet the tax increment f'mance (TIF) redevelopment/blighted area test. Authorize debt to be issued for project activities within economic development districts without a referendum. · Anthorize the economic development authority to build buildings or structures on land owned by the DS-10. Tax-Exempt Status of Lnnd Cities Hold for Development (C) T~e l~que suppor~ granting unlimited tax.g~mpt mote ~nomic de~lopment ~cludlng remo~ng the time limitation and the prov~ions which penali~ papal ~provemen~ or le~a to the p~vate se~or. Until recently, almost all property a political subdivi- sion owned was granted tax-exempt status. Now, tax exempt status is allowed only for a period of eight years in most situations, or for an unlimited period of years if the property is held for housing programs or is classified as "blighted land" under state law. The policy is intended to create an incentive for political subdivisions to engage in economic develop- ment activities, as well ns to promote returning prop- etty to the tax rolls. Unfommately, it does not fully recognize that the process of developing industrial and economic growth, rehabilitating, or building housing may extend over a long period of time. Provisions penalizing improvements and provisions affecting leasing of the property discourage cities from being active in establishing and maintaining local development corporations, controlling their economic development and planning processes, and from being selective about the type of development which occurs in the city. The state needs to understand that cities have every incentive, and make concerted efforts, to get property back on the tax rolls as soon as possible. 10 3~ 7~-- League of Minnesota Cities Elections and Ethics EE-I. Absentee Balloting (A) Tke League urges the Legislature to evaluate the results of the increased availability of absentee balloting on voter participation, the incidence of spoiled ballots, and local election costs. The secretary of state should have authority to organize a task force comprised of local election officials; representatives of voter rights, minority, civic, and public interest organizations, and legislators to exam- ine issues such as ballot secrecy; voter identification; use of absentee ballots by political campaigns; alterna- tive procedures for receiving, securing, and counting ballots; and the impact on voter participation (includ- ing increased incidence of voters requesting to vote at the polls aRer having voted by absentee prior to election day). The Legislature should refrain from making additional changes in absentee election requirements during the next two years if such changes will increase local administrative costs. Task force recommendations should be formally presented to the Legislature for consideration prior to the adoption ofproposaL~ to change current statutes on absentee balloting. New statutes making it possible for registered voters to use absentee ballots rather than to vote at the polls needs to be evaluated over the next two years to determine whether such measures have helped increase voter participation. Before counties adopt policies permitting voters to apply for absentee ballots without restriction, cities should be queried about their views, and efforts should be made to coordinate implementation of the expansion of this method of conducting elections. EE-2. All Mail-In Ballot Elections (A) The League recognizes mail-in balloting as a alterna- tive method of election that shouM be available to ail cities, at their option. The Legislature should care- fully evaluate all procedures and state requirements for conducting this method of election to alleviate difficulties with conducting elections by mall. The League also maintains that it is not necessary for the county auditor, to approve the city's decision to conduct a local election by mail. The Legislature should authorize the secretary of state to organize a special task force comprised ofelection administrators, local officials, citizens, representatives of public interest organizations, and lawmakers to examine current rules and procedures for conducting elections by mail. Task force recommendations should propose changes needed in state rules and procedures to make it possible for cities to administer such elec- tions efficiently while protecting the security of returned ballots and assure voter confidence in the Conducting elections by mail does not reduce local costs to taxpayers when cities are require~ d to spend more for postage, printing, personnel, and election judge compensation to carry out requirements for administering this form of election. For that reason, the League strongly opposes legisla- tion that would create an unfunded mandate to require cities to conduct elections by mail. The League supports retaining city authority to determine the method of balloting for elections conducted at the local level. EE-3. Authority to Fill Vacancies by Appointment (B) The League supports retaining authority for cities to Jill vacancies In local elective offices by appolntmen~ Legislation to prohibit cities from filling vacancies in local elective offices is ill-advised, costly, and creates obstacles to local self-governance. Further, the League objects to measures that would pre-empt local deci- sion-making for any home rule charter city in which the charter may provide authority to fill such vacancies by appointment. Such restrictions undermine cities' authority to conduct regular governmental activities and to carry out statu- tory responsibilities. Vacancies in the offices of mayor, city council, and/or elected city clerk must be filled promptly to assure that a quorum is maintained to permit the city to conduct official business. ~ ~7,~ 1993 City Policies and Priorities .... I1 .' There are more than 130 standard-plan cities in which the position of city clerk is elective. It would be irresponsible and unworkable to require such cities to wait until the date oftbe next regular city election to fill vacancies in that office. In addition, for the nearly 700 cities that hold regular city elections in November of even-numbered years, such a requirement could force the city to hold an extra election in the odd- numbered year, thereby substantially increasing local election costs. Statutory cities have authority to hold special elections to fill vacancies for the portion of the term remni~_i_n_g to permit the rest of the term to be carried out until the next city election. If the vncancy oocun during the first two years ora four-year term, the spp01ntee serves - until the next city election when a special election is held to f'dl the remaining two yeah of a term, the appointee serves for the remainder ofthe term, EE-4. Automatic Recounts (B) The League supports returning to 100 ~otes as the threshold ~hich will determine whether a recount Must be conducted following an election. The Legislature should reinstitute the requirement for ?utomatic recounts to be conducted in contests in ~m~ick the difference of votes cast for candidates is I O0 votes or less. Currently, the law requires that recounts be conducted when the difference in votes cast is 200 or less. That has resulted in increased local costs and delay in determining the final outcome of election contests. It is now well documented that such recounts have not revealed errors in counting and have not resulted in a reversal of the outcome of the election Jn question. Other election requirements sufficiently protect the rights of voters and candidates and assure that balloting will be conducted in a fair and respon~le numner. Difficulties which previously prevented misrnarked ballots from being counted have been overcome. Automatic recount requirements now are time-consum- ing and unproductive since examination of returns only serves to demonstrate that the initial election results were correct. EE*$. Lobbyist Reporting Requirements (B) The League urges the Legislature to shnplify lobbyist reporting requirements for cities and clarify that reporting of city expenses not directly related to lobbying activities b not requiretL The League also urges elimination of requirements for cities to submit separate annum reports to/MtA the state auditor and the State Ethical Practices Since the Legislature has enacted comprehensive lobbying reporting requirements for lobbyists and local units of government, it is clearly unnecessary to retain this additional report. Current lobbyist reporting and registration requirements took effect in 1991. It is therefore reasonable for the Legislature to eliminate the additional reporting ofestimated lobbying expendl- tures to the state auditor, which was instituted in 1989. gE-6. Precinct Boundaries (B) Tire League urges the legislature to support changes in the design of the 'national census in 2000 to require that the U.S. Census Bureau follow election precinct boundaries or clearly recognizable pAysical features to establish census blocks and tracts. In addition, cities in rural areas and cities with exten- sive areas of undeveloped land have additional con- ceres. In such circumstances it is important for censns blocks to be split along physical features or precinct boundaries in order to make it less difficult for cities to redraw precinct and ward boundaries when implement- ing local redistricting plans. Cities must continue to have full authority to determine precinct and ward boundaries which reflect neighbor- hood, community, and geographic factors that impact voters and representation at the local level. Neighbor- hoods are particularly important in the building of community and participation in government. The Legislature should not interfere with or weaken city authority to determine how such political and election boundaries should be established. In 1992, inconsistency in designating physical features for census block units resulted in difficulty at the local level in conforming new precinct and/or ward bound- aries to such federal population units. In some circum- stances, cities were precluded from changing local election boundaries to correspond to census blocks since state law requires that precinct and ward bound- aries follow physical, definable features. '12' 397 League of Minnesota Cities Recent interest in authorizing cities to set precinct boundaries along census blocks lines presents opportu- nities for some cities, but it is also important for changes to be made in the method of designating official census block units to assure that in the future, features such as streets, shorelines, railroad fights.of- way, or other boundaries and lines clearly visible from the ground are used to establish units within which population counts will be taken. Such changes in the method of assigning census blocks will also facilitate the ability to assign geographic information to voter registration information and make it poss~le to reassign election district and polling place identification automatically by computer when redis- tricting has been accomplished. EE-7. Reimbursement for State Elections (B) The League urges the Legislature to fund the full cost of conducting state primary, special and general elections at the local level. The legislative reimbursement of expenses associated with conducting the 1992 presidential primary demon- strates that cities can easily document and account for such costs to the state. It is no longer adequate for the Legislature to provide only a minor portion ofthe fimds to cover the actual cost of administering such elections. It is reasonable for the state to pay a portion of the costs associated with state election contests held in conjunction with local elections. Such costs also include expenses incurred for printing and supplying of posters, manuals, advertising, legal publications, and any other materials associated with conducting state elections. EE-8. Reporting Votes for Write-In Candidates (II) The League urges the Legislature not to require cities to compile a list of the names of write-in candidates prior to the official canvass of election results if the number of votes for any such candidate is less than 10 percent of the total votes cast for that o~c~ The Legislature should also allow cities over 2,500 population not to list the name of a candidate who does not submit notice of intent to be a write-in candidate prior to the election. Such persons should be allowed to file notice of intent until 12 noon the day before the election. In smaller cities in which local residents traditionally run as write-in candidates, election officials should continue to count votes cast for write- in candidates who receive at least 10 percent of total 'votes cast in that election. EE-9. Structure of City Government (B) The League supports city authority to adopt a single- member ward system for city council elections as an option for organizing local representation. The League also supports city authority to determine local government structure, Including the form and method of election of city o. Oices. The statuto~ city code permits cities to select one of several methods of organizing and allows voters to request or the council to make changes. Ifa statutory city encounters problems that cannot be solved locally, officials can request the Legislature to adopt special authority or determine to adopt a home rule form of government. When voters in a home rule charter city have authority to determine the form of government at the loca/level, the Legislature should not pre-empt the capacity to make such decisions at the local level. EE-IO. Absentee Ballots for Hospitalized Voters (C) LMC supports authority for cities to provide absentee ballots for hospitally, ed eligible voters, on a limited basis, for people admitted to the hospital after 7 p.m. the ntght before an election. Such authority should be granted on an experimental basis to determine whether the use of facsimile trans- mission of ballots or other methods devised to aid such voters are workable and can assure that the integrity of the balloting process can be maintained. EE-I1. Limiting Local Campaign Contribution (C) The League supports city regulation of contributions to local candidates for election, dttempts by the Legislature to establish uniform limits for local campaign contributions are not necessary or desir- able. 1993 City Policies and Priorities .13 Attempts by the Legislature to establish contribution limits for local candidates is neither necessary or desirable. Cities should continue to maintain full authority to regulate in this area. Decisions about how to limit contributions and total campaign spending should be a local matter. Current state law already requires local candidates to disclose contn'butions and campaign expanses of more than $750 in any year. EE-I2. Ix)eM Elections (C) The League wb to maintain dO' authority to conduct local elections, part~alarly when other local units af governMent also conduct elections on the s:u~e date as regular city elections. The League also supports measures to encourage greater voter participation and to strengthen voter confidence in the election process. Continued legislative interest in limiting the number of local elections must be tempered with a realistic concern for difficulties presented as well as for the added city expense for conducting multiple elections. The Legislature must refrain from intruding on city authority to set the date for city elections. Legislative proposals to consolidate all local elections on a single date and year raise serious concerns for cities. Problems associated with overlapping election districts, multiple election issues, voter confusion, ballot secrecy, and the need to establish cost-sharing respons~ilities must be ore.me before such a plan would benefit voters. City officials support measures to reduce the conflict between incongruent school and county election districts and the corporate city limits and precinct lines. Lack of conformity of school district boundaries with those of cities is a serious deficiency in conducting combined local elections. Cities must retain authority to schedule special elec- tions on ballot questions, bond referenda, and home rule clumer amendments and to fill vacancies in city elective offices. Cities resist proposals to designate a single local government election day because of the potential for voter confusion and the need to maintain a public perception of fairness in the election process. Legislators should consult cities when considering requirements to alter school district boundaries. At a minimum, school districts should designate official boundaries along recognizable, physical features. In growing communities, new school district lines should, wherever poss~le, relate to corporate city boundaries. Changes in school district lines should be done in cooperation with local officials from the cities affected by such changes. EE-13, Optional Poll Hoars (C) ...... ' " The League sUpPorts modifying state election laws to permit cities with populations of less than $00 outside the metropolitan area to fix hours of pol#ng to begin no later than 10 a.m. for state primary, special, and general elections. Allowing smaller cities to shorten hours of polling corresponds with authority for townships with popula- tions of less than 500 to set a later time for voting to begin for such elections. There are nearly 400 cities with populations of less than 500, according to the 1990 census. Flexibility in hours of polling would permit local election officials to adjust hours in which polling places are open to suit the needs of local voters. Smaller townships are now authorized to set a time for opening the polls no later than 10 a.m. for state elec- tions. Cities would be required to post the change in hours and notify the county auditor 30 days prior to the election. This would provide sufficient notice to voters prior to election day. EE-14. Presidential Primary (C) The League urges the Leglsiature to continue state reimbursement for costs of conducting the presiden- flal prlmary. The League supports cost-saving measures for conduct- ing the primary at the local level, and urges the Legis- 14 League of Minnesota Cities lamm to mod~ rote election law to authorize changes in requirements for conducting the presidential pti- mary, including: · Placement of all political party presidential candi- dates on a single ballot; · Nonrotation of candidate names; · Consolidation ofprecioct polling place locations; · Reduction in hours of polling; · State payment of costs of publishing the sample ballot. State revenues should be used to pay for local govern- ment expenses, including: · Preparation of ballots and election equipment; · Supplies and personnel (including election judge compensation and election administrative and technical staffpay), including overtime; · Advertising, newspaper notices, and postage; · Polling place rentals and transportation related to election activities; and · Costs for maintenance of political party preference identification on voter records,and upping of the voter If the Legislature does not provide funds from state revenues ~ cove~ such costs, the League suppor~ repeal of the law establishing the presidential primary. In the event that the Legislature adopts a statewide mail ballot for the primary, the state should administer and fully fund all local costs of conducting balloting, recording results, and adjusting votet files. EE-15. Removal of Candidate Name Fr~m Ballot (O LMC supports measures that mould aliow city offi- cials to remo~e the name of a candidate from the ballot if it can be demonstrated that the individual is ineligible for election to office because of conviction for a felony without restoration of civil rights, or because he/she is under guardianship or bas been found to be incompetent. Cities should be granted such authority up until ballots are printed. Under present circumstances, cities must seek court intewention while facing the approaching deadline for printing ballots. Since it has been clearly established by statute and state constitutional provisions that such circumstances prevent such individuals from holding elective office, cities must be in a position to expedite the decision to keep the name of such inelig~le candidates from appearing on the ballot. Failure of the court to act in a timely manner results in the appearance on the ballot ofan inelig~le candidate, a matter which would then require costly reprinting of ballots prior to election. Reliance on a certified copy of official court records, final orders or judgraents should be sufficient to provide the local filing officer with the authority to determine that a person who has filed an affidavit of candidacy or nomi.,mtion petition is an ineligible voter and therefore his/her name should not to appear on the ballot. EE-16. Schedule for Redistricting (C) The Leagu, urges the Legislature to adopt a schedule for congressional, legislative, and local redistricting that permits cities suff'wlent time to update voter records, supply absentee ballats to voters and make it possible to conduct other elections held during and after the time in which redistricting must be Imple- mented. In the even~ the'court becomes involved in legislative redistricting, the League urges the court to suspend the timeline for local redistricting ~it the dispute has been resolved. Counties, cities, townships, and school districts must also hold elections during the period of redistricting, necessitating additional voter registration and adminis- trative changes that must be accomplished simulta- neonsly with the redrawing of precinct and ward boundaries. Intervening election schedules underscore the need to complete redistricting at the state level as soon as possible following the receipt of official census results. 1993 City Policies and Priorities 15 Decisions on legislative redistricting must be n,.nde in a more timely manner because such changes have a substantial impact on other levels of government. ~ governments are responsible for acctwately recording and correcting voter registration records and the informingof voters and candidates of changes that have taken place. The state anticipates receiving census data the year prior to the deadline for redistricting. Cities have 60 days to redraw precinct and ward boundaries following adoption ora legislative redistricting plan. The state should provide cities with prompt notice of the effect and duration of the court order affecting the deadline for locnl redistricting. In nddition, cities need to have access to census data to redraw local precincts and wards. Incorrect legal descriptions and/or Inaccurate assignment of population counts cause serious prob. lems. It should be clear which state agency or level of government is responsible for determining the census data and descriptions of ncwly redistricted jurisdic- tions. EE-17. Voter Fraud (C) Ttte League urges the Legislature to make it more likely that violators of voter registration and election laws will be prosecuted. Make those who fi'uudulently vouch for persons registering at the polls subject to the same penalties that apply to those found guilty of fraudulent voter registration. Modi~ penalties for violation of state voter registration requirements to increase the likelihood of prosecution ofoffenden, particularly for viola- tions of election day registration provisions. dates interfere with voters on election day. 16 League of Minnesota Cities General Legislation and Personnel GLP-I. Comparable Worth (A) The League supports efforts to eliminate any sex- based differences in compensation of public employ- res but asks the Legislature to revise the pay equity statute to allow Iocal governments suJ~ftcient time to comply with newly Proposed (adopted) administrative rules regarding compliance determinations. ,4ddi- tionally, the League urges the Legislature to amend the statute to limit the law's apptlcability to only full- time employees and to clarify that separately estab- lished governmental entitles must flle separate compliance reportz To be considered separately established, the governmental entitles may have separate personnel systems, separate facilities, separate bookkeeping and payroll systems, and no Interrelationships other than budget approval and/or financial assistanc~ In addition, these existing governmental entitles must be separately established prior to 1994. The local government pay equity act, first adopted in 1984, has been frequently amended by the Legislature. Significant amendments were adopted in 1990, and in 1991 the Legislature authorized the Department of Employee Relations to promulgate rules to assist the department in determining local government compli- ance with the statute. These rules, which include several new tests, necessi- tate many changes to local government compliance effo~s, will take effect almost a full year after cities and other public employers were required by the statute 'to submit comPlinnce repOrts, i Cities must be granted additional time to comply with these new stnadards prior to facing imposition' of state sanctions which include five percent reductions in financial assistance and $100 per day penalties. Though the rules and the current statute contemplate an automatic extension, the League supports legislative action to delay the imple- mentation deadline to December 199~4. At the very least, the Legislature should act to delay imposition of new statistical tests of health insurance contributions, salary range differences, and exceptional service pay programs until December 1994. The rules address other significant' issues not previ- ously dealt with by the legislation, including the auu rriorities definitions of employees and employers covered by the act. For the definition of employees, the rules propose using the same definition as in the public employees labor relations act (PELRA). Use of this definition causes two significant problems. First,. because local governments use a great number of part-time and seasonal employees in order to effectively and effi- ciently provide important services, many more jobs will have to be included in compensation systems than is the current practice. This will require much more administrative work in establishing job descriptions and ranking jobs which by their very nature are often impossible to accurately describe or value. Second, because benefits, including health insurance programs, are often limited to full-time employees, cities run the risk of being found out of compliance with the pay equity act not because of gender=based discrimination, but rather because of valid distinctions between full- time and part-time employment. The League proposes adopting a definition of em..~loyee which would not include any employee working less than 20 hours per week on average or who is employed in a position which is filled less than six months in any year. For the definition of employers covered by the act, the problem is slightly different. The law clearly requires all cities and other political subdivisions of the state to comply. The problem is determining who is the employing agency for a particular group of employees. Historically, employees of certain enterprises such as public utilities, hospitals, nursing homes, and libraries have been considered as separate nad distinct from employees of the city. Often, the only connection is that the city council acts somewhat pro forma to ratify the annual budget proposed by the separate entity prior to certification of the tax levy. Unfortunately, it is this feature of formal budget adoption on which the rules focus, regardless of separate payroll systems, personnel rules, salary and benefit systems, etc. The League supports statutory clarification that other aspects of the government structure be considered when making a determination of which governing body is the em- ployer of a group of employees. Finally, because the tests proposed for initial compli- ance determinations do not take into account factors which the statute specifies as justifying compensation 17 difference, it is improper for public statements of noncompliance to be released by tho Depamnent of Employee Relations prior to final compliance determi- nations. The stntute should be amended to allow local governments to present all information justifying departures from the mathematically prescribed standard prior to public statements from a state agency that n jurisdiction is "not in compliance" with the law. GLP-2. Minnesota Public Employment Labor Relations Act (PELRA) (A) A. The League supports legislation which modules the existing interest arbitration process to require m,bitrato~ to give primary consider~n to internal equity comparisons and the impact that any arbitro- don award might Aave on tb~ personnel compcnso- Sion systems of the city involved in the arbitration. Further, the League opposes considering any addb tional employee groups as essential employees. City and other governmental experience with the aloitrafion process has shown that arbitrated awards generally exceed negotiated settlements. Unlike the state, local governments do not have the nuthority to reject these arbitrated awards.~The Legislature should re-examine binding arbitration as a means of determin- ing pay and benefit issues. The goal ofany mo&fica- sion to the process should be to ensure that arbitrations do not interfere with other state programs such as pay equity. There should not be any additional employee groups placed in the category of"essential employees." B. The League recommends that the Legislature tdastate t&e previou~ defln#ion of employees covered by PELR~ to people employed for more than I00 w~rlting thO~ in a etdendm'ye~r. Th~ 1983 Legislature reduced the time period that part. time employees must be employed before they are considered employees covered by PELRA. This has resulted in higher wages for some part-time employees, and more significantly, has resulted in cities hiring fewer part-time employees. Legislative action in 1991 caused further confusion, which may also result in a lessening of job opportunities, particularly for students and the disndvantaged. Additionally, many employees who view their work as temporary or transitory in . nature, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Recent legislative interest in cost-saving initiatives at the local level could be substantially promoted by a statutory amendment to enable local governments to effectively use seasonal employees. GLP-3. Tort Liabmty and Insurance (A) The League supports legislation reducing the expo- sure of citles to civil lawsuits without unduly restrict- ing an injured party from recovering compensation from negligent individuals. The League also sup- ports actions ensuring the availability and affordabllity of insurance coverage for cities. The growth of tort litigation over the past several years has resulted in increasing liability for governmental entities, private businesses, and individual citizens. Additionally, business practices of insurance nies have played a significant rolein insuran~'~pricing. The League supports reasonable reforms addressing both sides of the liability/insurance issue. The municipal tort liability act was enacted in 1963 to protect the public treasury, while giving citizens relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity. The act has served that propose well in the past. However, courts frequently forget or ignore the positive benefits secured to citizens as a result of the act, which includes liability exceptions and limitations. The special vulnerability of far-flung government operations to debilitating tort suits continues to require the existence of a tort claims act, applicable to local governments as well as the state. The League recom- mends the following. Our system of clearly defining and limiting the scope ofpoblic liability should continue. The League strongly supports mention of the dollar limitations on governmental liability. The current limits of $200,000/$600,000 seem sufficient at this time but should be reviewed periodically to ensure that those injured are not unfairly compensated and that the limits remain constitutional. The limits ~hould be set at an amount that allow~ all levels of government to economically procure coverage, and provide sufficient lead time to avoid to the extent possible budgetary problems. Additionally, the limits should conform to the extent poss~le with coverage limits available fi'om insurers. League of Minnesota Cities Liability for particular city operations, such as ~rrent statutes entitle a veteran to at least two differ- fuefighting and park and recreation facilities, ent hearing procedures to challenge any disciplinary should only arise if there is a showing of gross action. This is inefficient and may be unworkable, misconduct or gross negligence, since the standards for court review of the decisions of "veterans' preference boards and grievance arbitrators The League favors eliminating joint and several liability except in limited circumstances. The fault- based system of damage awards has appa .rently eroded. In order to facilitate the return to a fault= based system, joint liability should be abolished in cases where defendants have not acted in concert, and a modified comparative fault system should be used to evaluate the actions of other individuals involved with the injury .and assess damages only in proportion to the amount of each person's fault. At the very least, the Legislature should modify recent amendments to the comparative fault statute and eliminate joint liability for governmental and private defendants when they are less than 30 percent at fault. Recent court cases have indicated potential em- ployer liability exposure to defamation claims arising out of providing references on past employ- ees to prospective employers. The result is that many employers have stopped providing informa- tion on a past employee except information specifi- cally classified as public under the law which must be disseminated upon request. Employers which give information about the job performance of former employees should be presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, there should be no liability for making the d/sclosure. This provision would not protect knowingly false or deliberately misleading information, but would promote more effective hiring practices and could potentially limit the public's exposure to negligent hiring cases or less than high-quality public employees. GLP-4. Veterans' Preference (B) vary significantly. The Minnesota Supreme Court, has indicated that these statutes need to be amended. The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment pending the hearing when the veteran does not request a hearing within 10 days or when an impartial hearing body determines that the dismissal was for just cause. B. The League supports legislation providing specific time lines to be foliowed by employers and employees in the veterans' preference discipline or dismissal process, so that an employee must provld, e notice of thetr intent to appeal within 10 days and the hearing process must be completed no later than 90 days following a proposed disciplinary or dismissal action. Currently an employee has 60 days from the date of the employer's notice of discipline or dismissal to request a hearing. Ifa hearing is requested, there are no time lines for holding hearings or rendering decisions. Under this system, a termination decision can, and has, taken more than a year, during which the employee receives full pay and beheld. The result is extremely costly to cities, Particularly small cities, which ot~en mu.~t hire replacement workers for this period. The League's proposal to provide a more expedited process would not infringe on the employee's right to a hear- lng, but would ensure a more efficient and cost- effective procedure. Additionally, a public employer which has its termination or discipline decision upheld should not be responsible for paying any of the employee's costs of challenging the action and should be reimbursed for any salary paid to the employee pending the hearing. ,4. The League supports amending the veterans' preference act to provide that a veteran must select one and only one hearing procedure rather than be able to request both a veterans' preference hearing and a grievance procedure under a collective bar- gaining agreement. GLP-5. Employee Benefits (B) The League supports legislation promoting the efficient and economical provision of employee benefits including life, health, and dental care for city officers and employees and specifically opposes legislation which authorizes employees or groups of 1993 City Policies and Priorities ' '19 employees to unilaterally select particalar care providers. The League further asks the Legislature to not mandate or grant additional benefits to public employees. The Legislature has frequently granted or mandated additional benefits and workplace regulations appli- cable to public and private employers. While many of these actions have worthwhile ptuposes, they have a siguifw, ant impact on local finances and on the collec- tire bargaining process. The Legislature must bear in mind that to the extent that certain benefits are given away unilaterally there is no need to bargain for them, thus allowing public employees to demand other benefits through negotiation. Additionally, while some benefit increases seem to have a minor impact when first considered, they may inflate rapidly in the future or combine with other pbovisions of law to cause signif'ramt expense. While it is unrealistic perhaps for the Legislature to refrain totally fi'om mandating certain benef'as, they should consider the ramifications of their actions and under,'rand their substantial role in increasing the personnel costs of local governments. grams, but supports the availability of teclmleal and financial assistance front the state for local or regional training and education programs. The Legislature has recently considered proposals to require state certification for firefighters and dispatch- ers, and four-year college degrees for police officers. There have been other related proposals, all which seem to ignore the significant impact on local recruit- ment and retention and cost containment efforts. Rather than respond with additional state requirements, the League supports efforts by the state to make training programs more readily available for local employees as well as financial assistance by th~ state to encourage local governments to provide additional training and educational opportunities for their employ- ecs. Further, alternative methods should be provided for entry into these positions. GLP-7. Local Police and Paid Fire Relief Assodations (B) Cities, like aH employers, are alarmed nt the rapidly -~ing cost of health care in Minnesota. Further, health .are availability is a critical issue in many parts of the s~ate. The League supports efforts to ensure the availability of quality health care at affordable costs. Employers who currently provide health care benefits for their employees, however, should not have to pay twice. Some past legislative actions have limited cities flexibility in selecting health care providers. Specifi- cally, as an element oftbe creation ofa statewide health plan for public employees the Legislature provided that exclusive representatives may unilater- ally determine whether their employees will participate in the state plan, leaving only the proportion of pre- mium paid by the public employer subject to bargain- ing. The result may be additional ndminis~tive or personnel costs to the public employer. The Legisla- ture should eliminate the unilateral selection authority it has granted exclusive representatives. GLP-6. Employee Training and Education Requirements (B) ~e League opposes any additional state-imposed employee training, education, or certification pro- Local police and fire relief associations, with city consent, should be encouraged to merge into the PERA police and f'u'e funds under the uniform policy enacted during the 1987 legislative session. Any amendments to the policy should lower city consolidation costs while fully protecting the solvency of the PERA police and fire fund. If the Legislature determines that "escalation" (pen- sions adjusted by the percentage increase of wages of active members) presently in effect does not offer adequate inflation protection, that mechanism should be adjusted or abolished. However, no new mw. ha- nism such as that authorized for Minneapolis police or firefighters in Laws 1988, Chapter 319, should be authorized while "escalation" remains in effect. The League supports changes in actuarial assumptions relating to salaries and investment return to more truly reflect experiences. The LMC opposes payment of any type of bonus to active or retired members (13th check) as a part ofactuarial assumption changes. The League opposes legislation that provides for reductions of state amortization aid to local police and fire relief associations. ff.. League of Minnesota Cities If, despite city objections, the Legislature authorizes another benefit increase for local police and paid fire members, all costs of the benefg increase should be borne by the state. The establishment of multiple mechanisms to make post retirement adjustments to protect retirees in local police and paid firefighter pension plans is illogical, confusing, unnecessary, disruptive, and expensive. GLP-8. Open Meetings and Data Practices (B) private or other classified information must be dis- cussed by a public body subject to the open meeting law, as inevitably it must in many situations, the government is forced to attempt to meet two conflict- ing statutes. The Legislature has attempted to identify likely areas of conflict and to provide clear rules for local govern- ments to follow. Unfortunately, not all circumstances can be anticipated nor remaining ambiguities ad- dressed. The League supports amendments addressing the following issues: The League supports legislation creating a procedure for local governments to obtain from the state fast · and reliable review of dissemination requests and receive protection from any claim brought following release or nonrelease based on the state review. Further, the League supports additional amendments to clarify the procedures cities should follow when · the open meeting law conflicts with the data practices act. The Legislature should modify the data practices act in two areas. First, the Legislature should create a process at the state which would allow cities to forward dissemina- tion requests from the public to an individual or board at the state for an opinion on the proper response. The League would support this process only if any local government receiving the opinion would also receive protection from any claims brought as a result of actions taken in reliance on the opinion. Second, the Legislature should either preclude the private, commercia! use of governmental data or allow local units of government to charge the actual costs of compiling data or separating public from private data when the dissemination request necessitates significant staffwork. The Legislature also needs to reexamine the interrela- tionship between the open meeting law and the data practices act in light of statutory amendments made in 1991. The intent of the open meeting law is to ensure, within practical limits, the access of persons to the actions and motivations of government. The data practices act is intended to ensure, within practical limits, the privacy of persons who willingly or unwill- ingly become involved with their government. When Do veterans preference hearings and civil service proceedings qualify as arbitrations which extend the period during which supporting documentation remains private or confidential? If these proceedings also qualify as arbitration, how do local governments deal with the different appeal periods and processes; is the data private until all administrative appeal periods lapse? Do individuals have to be notified of their right to have an open hearing, thus in effect waiving their right to privacy? What reasonable efforts must a local government make to keep private data which must be discussed publicly? · What are the rules when data or meetings involve both private and public data? City officials are making good faith efforts to comply with both laws. Without additional clarification, however, the Legislature must realize that city officials owe it to their constituents to limit the city's exposure to liability. Consequently, cities will continue to be conservative in releasing data where there might be potential liability. Further, it seems absurd to continue data classification as private if governing bodies must discuss it publicly. The logic of the ,4nnandale deci- sion is sound and the League urges the Legislature to return to the rule that if private data is discussed it must be discussed privately or alternatively that the current data classification system should be replaced by a more flexible system dealing with government information practices. 1993 City Policies and Priorities .. 21. GLP-9. Prevailing Wage 01) GLP-10. Public Contracting (B) lite League believes that wages pald on puMle contracts should be consistent with wages earned by people working at slmilarjobs In the community. The League urges the Legislature and the Depart- ment of Labor and Industry to work together to modify the prevalling wage system to malte it more equitable and to help control the costs to local government~ The League supports reasonable administ~ion of prevailing wages for projects that receive assistance from local governments or from the state, including grants, loans, m-exempt bonds, nnd all other forms of assistance provided by the government agencies. This control should not unduly limit Italy local revenues. The present ndministration of determining wages uses the "mode" calculation It designates the wage earned by the greatest number of people in a job class as the prevailing wage. ~ calculation is flawed, and can either under estimate or over estimate representative wages in a community. A "weighted average" of the wages paid for the job class during the year is a more accurate reflection of wages paid. Requiring prevailing wages, calculated under the existing method_, ot~en overpays for public projects. This results in more costly public projects, higher local taxes or limits on other city sendces, and limits the size of projects or makes them too costly to do. Current administration of the prevailing wage system imports wages fi'om neighboring counties, resulting in metro-area wages ~'.m_g paid across the state. Ifa particular job class does not have sample wage to determine subsequent wages for that job class, the emrent system may force the local government to use the wage rates paid for the closest area wage for the category--olden the higher wage rates which are paid in the metro area. The League commends the analysis of these problems, and the recommendations for modifications and corrections to the prevailing wage system which was prepared by the Department of Administration (April 1~1). The League supports legislative action to clarify and modernize state laws regulating city contracting for Improvements, services, and materials. ,4ny change should maintain cities'flexibility in contracting. As governmental bodies, cities have an obligation to engage in fair public contracting practices. State laws have attempted to provide guidance to local govern- ments in their contracting practices. The League supports legislation updating these statutes to reflect inflation and to modify provisions to meet current needs. The League supports amending Minn. Stat. 574.26 to allow the use of letters of credit or other securities acceptable to cities as alternatives to expensive to obtain and difficult to collect on performance bonds. Cities are in the best position to determine which form of security best protects public funds. GLP-II. Public Employees Retirement Association (PERA) Benefits, Financing, and Administration Tbe followlng princlples should govern any changes the Legislature makes In the Public Employees Retirement Association (PER, d) and the other state- wide pension plans. A. The League opposes any change In the PER/I rule of 90 or the current early-retirement reduction factor for current employees, especially vested employees. Members have provided substantial service in reliance on these beneficial and supposed permanent fund features. B. The League opposes modification of the U&lgh flve"formultr The adoption in 1973 of the "high five year" benefit formula for PERA has provided very adequate pension benefits for career municipal employ- ees. Further shortening of the averaging period would create windfalls for some PERA members and multiply opportunities for man-ipulation of service and salaries to maximize pension benefits without proportional contributions to the fund. 22 League of Minnesota Cities ¢. The 1989Legislature made major benefit improve. ments, and changed statutory assumptions and the time table for full funding. Substantial experience with the new law should be gained before any slgnif~ cant changes are authorized by the Legislature. ,~ny reductions permitted by excess reserves or excessive current contributions or combinations of the two should be of such amounts as to benefit the employer and employee equally as a percentage of overall employee salary or In the case of police and fire, in the same percentages as contributions are mad~ GLP-12. Recovery of State Program Administration Costs (B) The League supports removing limitations on the ability of local governments to charge fees or other- wise raise revenues to pay for state programs. ,4ddi- tionally, the Legislature should adopt statewlde processes which further local administration of state programs. All levels of government are finding it difficult to finance governmental programs and law enforcement activities. The League supports continuing efforts to internalize program costs and to provide financing for law enforcement activities through forfeiture statutes and other means. Specifically, the prohibition on collecting local handgun permit fees should be re- pealed; license renewals and/or motor vehicle registra- tions should be used as a means of collecting unpaid fines, penalties, or other governmental fees; and forfeiture assets should be left as a resource primarily for local enforcement activities. GLP-13. Stalking and Other Harassing Behavior (B) The League supports legislation addressing the issue of stall~ing and other forms of harassmenr Existing state law is inadequate to prevent harassing behavior such as regularly following or shadowing an individual. This type of conduct has often been a precursor of violent conduct and should be addressed by state legislation since local boundaries make effective regulations difficult to adopt and enforce. Legitimate monitoring or tracking operations of employers should not be impacted by state law in this area. GLP-14. Utility Service Territorit~ The League supports legislation confirming the power of Minnesota cities: 1) to require franchises of all non-municipal electric, gas, telecommunication, steam, and hot water utilities as a precondition to service within municipal boundaries; and 2) Ifa city has or starts a municipal utility, to serve ali territory within city boundaries upon payment of two times the current ann ual gross revenues plus the depreciated value of physical property in the service territory acquired. In order to plan in the most effective and economical way for city economic development and infrastructure needs, including those not directly related to gas and electric or oth~ services, c/ties need substantial controls over the type, location, cost, and layout of electric, gas, and other utilities. They must also be able to cause relocation of the same without great public expense. Recent decisions of the Public Service Commission have called into question city powers to franchise in or serve new areas of the city. Rigid service territory boundaries established by the commis- sion must be subject to practical modification to best serve the needs of city residents and the state as a whole. GLP-15. Volunteer Firefighters (B) The League of Minnesota Cities supports legislation that would Increase the maximum lump sum volun- teer firefighters pension over several years; would validate present pension payments in excess of statutory limits; would clarify that limits set out in statute are absolute maximums; and create a iongew lty award system to encourage partlclpation In volunteer public ambulance systems. GLP-16. Cable Communications (C) The League supports strengthening the existing Minnesota cable act. Minn. Stat. Chapter 238, in its present form, is very important to local governments because it protects cities' rights to enforce local standards and cable operator commitments for technical, COnstTuction, and programming performance. 1993 City Policies and Priorities ' '23 Any chnnges should strengthen the authority of local governments to franchise and regulate cable communi- cation systems in their communities. Additionally, the state should reinstitute active moni- toring, ndministration, and enforcement of cable with specific reference to the proper filing of initial and modified franchise ordinances, franchise renewals, and wansfers of ownership. Relationships between local franchising authorities and cable operators are defined at the federal level by the cable communications policy act of 1984, as well as the recently enacted 1992 cable television consumer protection and cooperation act, at th~ state level by Minnesota Statutes Chapter 238, and at the local level by local cable franchis~ ordimnC, es. - ~-~.~------~--- ~- - - In 1985, the Legislatu~ abolished the Minnesotn Cable Communications Board, an appointed body of the Department of Administration which promulgated and enforced cable legislation and accompanying rules. This legislation codified some previously existing board rules into statutory form and reassigned respon- s~ility for telecommunications from the board to the commissioner of commerce. However, in 1987 the Legislature discontinued any state enforcement for cable. GLP-17. Gopher Stnte One-Call (C) The League supports exempting cities and other local units of government fram the Gopher State One-Call excavation system. The 1987 LegisLature enacted a one-call excavation notice system. Among other requirements, tho law requires local governments that issue permits for an activity involving excavation to continuously display a state prescribed excavator's and operator's notice, and to provide all permit applicants a copy of the state law (Minn. Stat. 216D.02). All excavators are then re- quired to contact the state notification center at least 48 hours prior to excavation (except in emergencies). The center is then to contact all operators of underground facilities (cable television, phone, electrical, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and other similar substances) in the area which in rum are required to made their facilities arithin 48 hours. Although Labeled as a one-call notif'wation center, the system has resulted in multiple contacts. For instance, an excavator will apply to a city with an excavation permit system. The city will notify the excavator of the state hw requirements. The excavator then con- tacts the state notification center which in turn will contact the city, among the operators, of an excavation the city already knows about and will charge them for the notification. This nspect of the system is absurd and should be modified to exclude notice to cities when they have an excavation permit system which triggers the system. The Legislature should conduct a review of the one- call system to determine if it is being operated ciently and to determine if its billing practices should ~ changed.- GLP-18. Liquor Issues (C) The League opposes the establishment of one class of beer and the off-sale of wine in other than liquor ~for~. The establishment of one class of beer in Minnesota would cause substantial problems in controlling the sale of beer in filling stations, grocery stores, cling stores, and elsewhere where 3.2 beer is sold. Also, with regard to a proposal for only one class of beer in Minnesota, current 3.2 on-sale establislunents could be selling strong beer without the supervision and controls imposed upon on-sale liquor establishments and municipal liquor stores, or would be forced to meet most, if not all the restrictions on intoxicating liquor establishments. CRies should be fully authorized to establish hours of sale and be expressly authorized to establish differing license fees for establishments having different hours of operation. GLP-19. Military Leaves (C) The League recommends that the statutes be amended to provide that when an employee is tempo- rarlly absent because of skort-term military service, the emptayer pay only the difference between military pay and the public pay, rather than the full public salary. League of Minnesota Cities Under current law, a city employee, as well as any other public employee, is entitled to leave with full pay and accrual of seniority status and other benefits for all the time the employee is engaged in short-term (15 days or less) military service while receiving full ' military pay. Cities, pnflicularly those which must hire part-time replacement employees when others take military leave, suffer a significant financial hardship not shared by private sector employers who are not required to provide short-term paid military leaves. Public employees should only have to pay the differ- ence between the employee's military pay and theft regular wage for this 15-day period. Any longer leave period should be without pay and the accrual of seniority and other benefits should be suspended for military leaves beyond 30 days. Finally the law should be amended to limit its applicability only to annual leaves with the 15 days being taken consecutively, which would eliminate the current ability of seine public employees to arrange their 15 days of paid leave to be taken one or two days at a time throughout the year. GLP-20. Presumptions for Workers' Compensa- tion Benefits (C) The League supports modifications to the worl~ers' compensation statutes (Minn. Stat. 176.011, subd. 15) which would restrict presumptions of occupational diseases to apply only after an employee can establish an absence of personal risk factors that could have caused the disease or illness. The law allows for the legal presumption that police officers, fireflghters, paramedics, emergency medical technicians, and nurses contract certain diseases or illnesses due to their employment. Employers must then rebut the presumption by introduction of evi- dence. This burden is difficult and increases the chance that employees receive compensation for non- work caused illnesses and diseases. Currently, the law provides the following presumptions for the following personnel: · Police and fire---myocarditis, coronary sclerosis, pneumonia or its sequel; · Police, fire, paramedic, emergency medical techni- cian, nurse--infectious or communicable disease (exposures outside of a hospital); · Fire--cancer. All of the listed diseases or illnesses are common to the entire population and an equal or greater correlation may exist between the specifu: illness and the individual's personal risk factors such as smoking, diet, exercise, heredity, and lifestyle than the correla- tion between the job and the illness. For this reason, the League supports legislation limit- ing the presumption to cases where the employee can demonstrate limited personal risk factors, or alternately the Legislature should clarify the right of a local government employer to prohibit smoking on or off- duty and to require other measures to limit non-work causes of these illnesses and diseases. 1993 City Policies and Priorities 25: Land Use, Energy, Environment, and Transportation LUEET-I. Solid and Hazardous Waste Management (A) should be used to encourage environmentally acceptable product generation and handling. · Tke League supports state pronouns designed to minimize or eliminate the need for I~mdfllling solid ~md hazardous ~ast& The problem of regulating, controlling, and disposing of solid and hazardous waste will continue to be a major environmental issue both nationally and in Minnesota. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and issues raised by the League, oiler local governments, and citizens'and we commend the Legislature for its actions. The existing waste management and control system for handling nmi disposing of ~7~rdous materials central- izes responsibility at the state level, but requires the cooperation and support of all levels of government. The system established for solid waste is more diffuse, relying on cities to control and regulate collection. counties to regulate or operate ex~ing resource ~.'ecovery or disposal facilities, and the state to coordi- -hate respons~ilities and plan for future disposal needs. Both systems should foster and encourage abatement, recycling, and resource recovery for as much of the waste stream as possible and then to assure environ- mentally sound disposal for the remaining waste. The system appears to be working, and therefore the League does not perceive a need for major changes to existing legislation at the present time. But any future legislation that may be considered should enhance and not diminish the emphasis on these concerns. · The League supports efforts aimed at avoiding or reducing the creation of solid and hazardous waste. These efforts should include disincentives for creating hard to dispose of items and notifying consumers of the ease or difficulty of disposing of materials prior,to purchase. The League supports efforts at the state and federal levels to institute financial incentives to avoid single-use packaging materials. The state should not preempt local regulatory authority in the absence of an effective, statewide regulatory framework or program which is at least as strong as regulations already adopted by cities. Further, financial or other incentives The League supports the prohibition of disposal of unprocessed solid waste in landfills, as cost- efficient and environmentally safe alternatives are developed and funding is provided to cities to implement their responsibilities. Ash from waste to energy facilities should continue to be regulated as a special waste. Funding for recycling, reduction, and abatement efforts. The League supports alternatives to general, taxes as sources of financing COnservation efforts. These alternatives can include specif~ taxes, additional fees on landfdl or disposal facility users, and state or COunty grants and loans. Finan- cial assL~ance programs need to be regularly reviewed and continued if necessary to effectuate waste reduction. Changes in financing should be implemented in a manner which avoids budgetary disruption. The Legislature should continue to fund educational and operational pilot program efforts on the subject of solid and hazardous waste disposal, including alternatives for the disposal of household hazardous waste, such as those pro- rooted by the household hazardous waste reduction project. The League also supports legislation requiring that the six percent garbage sales lax (SCORE tax) be distn'buted directly to the local unit of government that actually operates the recycling program within that jurisdiction. Siting process. The siting of solid waste facilities has become extremely difficult. The Legislature should continue to consider siting issues and provide additional incentives or mechanisms to encourage siting of necessary facilities. Clean-up of hazardous substance locations. The clean-up and decontamination of existing hazard- ous waste sites, including closed municipal land- fills and dumps, should continue before there is further damage to public health and environment. The League supports the continuation of the state Superfund program, including its liability provi- sions, for most sites, but supports the creation of a separate landfill clean-up program financed out of a tax or fee on toxic materials. Regardless of the League of Minnesota Cities clean-up program established, local governments should be protected from extreme clean-up costs, or costs which do not directly relate to their contn'oution to the problem. ~ Management of solid waste collection and dis- posal. Cities should retain their existing authority to organize collection and regulate solid waste facilities and should not be required by statute to compensate parties for changes in regulations nor have their local authority to regulate land uses uniiatemlly overridden by other levels of govern- ment. LUEET-2. Transportation Systenu Funding (A) The League urges the Legislature and the governor to take action to provide adequate state revenues for street, highway, and transit programs for city, county, township, and state roads, and to ensure the avail. ability of necessary matching funds for ISTEA funding for both transit and roads. The League supports an Increase tn the gas tax to meet the funding needs for roadways, and the dedication ora new or existtng revenue for trtmslt programs state- wid~ Meeting future needs wtll require Integrated planning and implementation of these modes of transportation. Cities understand that an efficient transportation system is a vital element in planning for fiscal, eco- nomic, and social development at slate, regional, and local levels. The economy of the state and its cities are dependent on the effective movement of goods and people, particularly for agriculture and tourism. It is therefore necessary to establish and adequately fund long-range highway and transit needs to assure the vitality of the state's economy. The League urges the state to consider using multiple revenue sources which have adequate growth potential to meet increasing transportation needs, including: gas tax increases, sales tax on services, automobile registration fees, license fees, wheelage taxes, and other types of user fees. The League urges the Legislature and the governor to acknowledge the immediate need for planning, coordi- nation, and funding, particularly in light of the recent passage of the Intermodal Surface Transportation Efficiency Act (ISTEA). Cities, counties, and metro- politan planning organizations (MPOs) recognize their increased role to assist the state in planning and prioritizing the needs of Minnesota's transportation system. Cities encourage MnDOT to promote a process of local decisions being made by local govern- merits. Cities of all sizes across the state also recognize that they do not currently have adequate or diversified sources of revenue to meet their increasing demands and the role they will play in maintaining the statewide transportation system. A modern, accessible transit system is a vital element of the state's transportation system and should be provided statewide to meet local needs. Minnesota should pursue its commitment to public modes of transportation with goals of: meeting the mobility needs of our citizens, improving access~ility and efficiency of current transit programs, and reducing automobile congestion and overall energy and environ- mental concerns. The motor vehicle excise tax (MVET) is one of the most appropriate sources of funding to be dedicated for transportation purposes. If the Legislature and the governor are unable to acknowledge this prior commit- ment of these funds, it is vital that they acknowledge their responsibility to dedicate other revenues for road/ highway and transit purposes. Requirements for the local match for transit programs should not be increased, but the League supports authority for special local tax authority to be used to fund enhanced or specialized transit services which are locally determined tO be necessary. Imposition of local taxes should not, however, affect the state responsibil- ity of funding for these transit services. Environmental concerns and the need to conserve energy require the use ofalternate modes of transporta- tion to meet the diverse needs which exist in various communities and regions of the state. Increased support should be provided for innovative and intermodal transportation programs and policies. All levels of government in Minnesota should continue to encournge increased energy conservation, travel- demand management, ride-share programs, alternative fuels, bicycle facilities, and research and education of such options. The state should also acknowledge the importance of local bridges to the statewide transportation network The bonding program should be continued at an annual 1993 City Policies and Priorities . · , 27. level of at least $30 million in order to provide the necessary funds for cries, towns, and counties to replace and repair local bridges. Additional bonding authority should be made available for new bridge construction across the state. and maintenance projects. It would also limit the frequency of large special assessment charges on individual property owners. In addition, the transporta- tion utility would allow funding of local transportation system needs with no additional state costs. LUEET-3. Transportation Utility Fee (A) Tke League urges the Legislature to authorize cities to create, at their option, a transportation utility. Suck autkority would acknowledge: the effects of limited local revenues and cuts to the state aid revenues; the benefit to all taxpayers ora proped~ maintained local transportation s~stem; and the severe limitations of existing special assessment autkority. A transportation utility, comparable to the statutory authority for cities to operate storm sewer utilities, would provide a stable, long-term, dedicated funding source for reconstruction and maintenance of city transportation facilities. Finally, authority for this utility will be enabling only. Cities will need to individually weigh the benefits of such a tool for their long-term maintenance and reconstruction transportation needs and have their city councils approve the use of the utility. LUEET-4. Wetlands Conservation (A) The geagu_t~ along with man~ other governmental as~odations, Supported passqe~qf~ e 1991 w~tian tls e~nse~n"~t~. ~~~1 by ddminlstr~ tiaa of the Mterimf. ~__..r~'r~m~. ' _and p _tW~_._pation in the rule-writing for the '~erman ent program indicates a need for additional legislative action. Specifically, the League supports the following legisla- tive initiatives. Current transportation funding optiom available to cities are inadequate. Current special assessment law, · Chapter 429 (Local Improvements, Special Assess- :meats) does not meet cities' financing needs because of the benefit requirement. The law requires a minimum of 20 percent of such a project to be specially assessed against affected properties. In practice, however, proof of increased property value to this extent-benefit--can rarely be proven for regular repair or replacement of existing transportation infrastructure. Alternatives to financing through the use of Chapter 429 authority are nearly nonexistent. · The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, and stormsewers. The stormsewer authority (1983), in particular, set the precedent for a process of charging a fee on a utility bill for a city service or infrastructure which is of value to the entire city without metering and without proof of property value increases (benefit).. A transportation utility would use technical, well- founded measurements, based on traffic generated. It would equitably distribute the costs of providing local transportation services, includingproperties which are exempt from the property tax. Authority for cities to operate a transportation utility would reduce the need for cities to incur the additional costs of debt in order to finance major reconstruction Remove the $75 limitation on replacement plan reviews. Since all proposals to alter, clmin, or fill a wetland involve a substantial expenditure of local staff time, including, but not limited to, profes- sional engineers or hydrologists, any limitation on cost recovery less than actual expenses means that the general taxpayer is subsidizing the proponent of an activity which, by definition is potentially adverse to the environment. Clarify that the technical review panel, contem- plated under the kw, is advisory to the local government unit administering the act and not the sole determinant of questions regarding typing, delineation, public values, and the adequacy of replacement plans. Amend the governmental oversight process so hndowners can clearly understand which govern- ment unit needs to review a proposal, and refine the system to ensure expedited reviews of propos- als consistent with the environmental goals of the program. Provide for state defense and indemnification of local governments administering state laws for any "taking" claims which property owners might allege. 28' League of Minnesota Cities Make wetland replacement requirements equal between urban and non-urban land at a 1:1 ratio. LUEET-5. Annexation (A) A. The League supports legislation restricting further urban growth outside city boundaries and facilitating the annexation of urban land to cities. Public policies which encourage substantial develop- meat in non-urban areas and which extend public services beyond existing jurisdictions and service areas are wasteful and counter-productive. Additionally, shoreland and prime agricultural land are major natural and economic resources and the state should include as a major objective their preservation and wise use. Particular attention should be given to the issue of development and the delivery of governmental services to urbanizing fringe areas. In the metropolitan area, the Legislature should not modify the existing frame- work for restricting or guiding development absent careful study and input from metropolitan cities and their associations. State law should continue to encourage the preserva- tion of shoreland and prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The League recommends the following. · State statutes regulating annexation should make it easier for cities to annex developed or developing land within unincorporated areas which the annex- ing city has designated as a growth area. It is unfair, to city residents to have individuals avoid paying their fair share for municipal services provided by the city government by living in the fringe area around a city. Cities should be given the authority to extend their zoning ordinance and subdivision controls up to two miles outside the city's boundaries regardless of the existence of county or township controls, in order to ensure conformance with city facilities and services. B. The League also supports legislation restricting the ability of indivldual property owners to petition the Municipal Board to detach their land from one city and to annex it to an adjoining city. In 1995 the state's annexation statutes were amended to allow an owner of land to petition the Municipal Board for concurrent detaclunent and annexation. Prior to 1985, only the affected cities could begin the process. Since the amendment, several instances have arisen where owners have petitioned the board because they were dissatisfied with land use or development assistance decisions made by the host city. The Legislature should either repeal the property owner petition provision or provide the affected cities a right to veto the petition. At the very least, the Legislature should provide a list of factors for the Municipal Board to analyze when considering requests for concurrent detachment and annexation. LUEET-6. Municipal State Aid System (B) ,4. In order to more adequately represent the current eligible miles of city streets, the League supports raising the municipal state aM system (MSAS) limit to $,000 miles. This would be an administrative change and would not affect the actual distribution of MSA funding. Existing law limits the system to 2,500 miles and total mileage currently in the system is approximately 2,300. This mileage increase for the system is neces- sary to accommodate cities reaching the elig~le 5,000 population threshold and mileage being added by currently eligible cities. B. The populatton factor of the municipal state aid system should be changed to reflect annual popula- Eon updates based on t~timates from the state demog- rapher or Metropolitan Council, rather than reliance on federal or special census counts. C. In spite of the consolidation of the two metropoli- tan state construction districts, $ and 9, In 1989-90, the League supports legislation which continues the previous metropolitan membership on MnDOT committees to ensure that adequate statewlde repre- sentation continues. By law the MSA Screening Committee consists of one member from each highway district and from each first class city. The unintended effect of combining the metropolitan districts reduces metropolitan representation on this body. D. Modify the existing system for municipal comment on fund apportionment and design standards on 1993 City Policies and Priorities "29.' counO, ztote aid wads. Representatives from cities, counties, and the Department of Transportation Office of State Aid should review and make recommendations for a mechanism to mediate municipal approval of these county projects. LUEET-7. Railroad Right. or-Way Presery~tlon (B) The League urges the Leglslatm~ ro acknowledge the Importance of abandoned rallread grades, and M work to prtservefuture abandonments for pubtlc use. Over 50 percent of Minnesota's railroad grades (5,000 miles) have been abandoned in tl~ last 60 years and an additional 1,000 miles are projected to be abandoned in the next decade. These glades have great public value, for transportation, communication, recreation, and environmental purposes. Bicycle or hiking trails, snowmobile routes, light rail lines, utility corridors, transmission corridors, and pipeline corridors are just a few examples of important future uses of railroad The public cost to acquire these rights-of-way increases substantially once grades have been abandoned or sold off in small parcels. Because future abandonments nre unpredictable, the time for public acquisition can be relatively short, and numerous governments may be involved, the slate needs to become involved to ensure preservation of these corridors until such time as the future public use can be determined. LUEET-8. Transportation Services Fund (B) TAt League encourages further clarification trod telMratlon of transportation-rebted spending oft be highway user dlstribu~n ftmd and thost non- highway or non-trans# purposes which should be funded from the transportation ttrvices fun& LUEET-9. Wastewater Treatment (B) The League supports continued state and fetleral ttsslstance, and altematlve programs, whlcA provide ~n~ctng for wastewater treatment construc~n projects. Clean water is vitally im?ortant to the citizens of this country and particularly to residents and visitors of Minnesota. Minnesota's cities remain committed to improving water quality. Unfortunately, the costs involved in providing cleaner water are staggering. Became of the incredible cost, it is economically impractical to immediately eliminate wastewater pollution. Therefore, all levels of government must take a reasonably balanced q)Pro~h to. ~lving the The ability of cities to comply with any clean water program is contingent upon tl~ availability of adequate funds for treatment facilities. Since 1978, federal grant funding for the wastewater treatment construction grant program has been rapidly phased out. The same budget constraints facing the federal government exist at the state and local level but to a greater degree due to limited revenue sources. The League supported cr~_ti_'on of both the revolv- ing loan fund and the state independent grants program and continues to support state financial assistance which is based on the economic ability of each local government to finance its wa.ste~er treatment infrastructure. The programs should be streamlined to minimize delays caused by state agency reviews of economic and engineering matters. Funding priorities should be established based on the environmental sensitivity of the receiving waters and the quality of the effluent discharged from the facility. Funding for local and state roads, for facilities, opera- · tions, and maintenance should be clearly appropriated from the highway user distribution fund. The League opposes diversion of these funds for other state pro- grams (such as the Department of Public Safety, Tourism, the Safety Council, river parkways, etc.) which do not directly benefit the transportation or transit systems in the state. These operations should be funded directly through the state's general fund. The · League supports the e~ablislunent of a transportation services fund by the 1991 Legislature as a positive fi~ step toward this policy. The League opposes efforts by either the state or federal governments to institute enforcement actions or impose increased fees or charges against communities for failure to meet effluent standards. while nt the same time assigning these communi- ties a low priority on the needs list for state and federal funding. The League supports recent PCA efforts to have agency staff available to conununities as resources for operator assistance, evaluation of treatment needs, educational or liaison efforts, and rate- League of Minnesota Cities se~ assistance. The League particularly sup- ports the use of neighboring city staffas additional advisors for communities. The League requests that the Legislature provide additional staff and resourees to the agency to continue and expand the community ~ssistance pFOgFam. Financial assistance programs should not penalize communities that have adjusted their local utility rate system or reserve funds to meet facility financing needs. The League supports restricting elig~ility for on- site system financing to areas which are not readily able to connect to existing or programmed city sewage facilities. The League opposes direct or indirect restrictions on construction of new city facilities if these restrictions are inconsistent with other state or regional development controls. LUEET-10. Water Conservation and Preservation (B) The League supports state water conservation and preservation programs that maintain a significant role for cities and provlde m~equate fmancial assts. tance and flexibility. availability of adequate funding, including state assistance. These principles should apply to both the protection of our drinking water supplies and the operation of municipal services. The League supports the following groundwater nnd surface water protection initiatives. In order to safeguard the public health and the environ- ment it is necessary to conserve and preserve our water resources. Many watershed districts, counties, cities, and towns have done a good job of dealing with · surface and groundwater management issues and have the authority and ability to continue to do so in a cost- effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management prob- lems, instead of establishing a new system or creating · new organizations. Increasing the fee on gasoline for petrofund clean- ups in order to shorten the delays cu~ently being experienced by property owners. The Petrofund Board should be empowered to increase t~.e fee as needed to meet the requests for reimbursement in a timely fashion. Additionally, greater controls on the program may be necessary to eliminate fraud. Finally, the League encourages greater standardiza- tion of clean-up actions to minimize delay and c, osts. The League supports, as a basic principle, that no one has the right to pollute either ground or surface water resources. A reasonable relationship of economic and social costs and benef'~ should be a precondition toward achieving a goal of non-degradation or treat- ment resulting in clean water. The ability ofcities to meet goals must be recognized as contingent upon the Continuation of the state's safe drinking water act compliance program which undertakes federally mandated tests on behalf of cities. However. re- examination ofthe water come.ion fee imposed by the Department of He~th on connections to public water supplies should b~ u~dertaken. The fee should be modified to eliminate the inequity in the current $5.21 per year fee being collected from community suppl/es but not from non-community systems. Additionally, measures to ensure that testing is accomplished in a cost-effective manner should be adopted, including the use of private seaor hboratories. Local units of government should retain the basic responsibility for surface water management, because they are closest to the problem Efforts to minimize duplication in regulatory programs should be continued. The League suppo~ a full legislative review of all water-related permit fees and opposes the imposi- tion of these fees on local units of government to the extent that the actual costs to the state cannot be specifically justified and only serve as an alternative means for the state to raise revenue. If fees are determined to be properly imposed on governmental units, the fees should be based solely on the cost of actually providing governmental services to the political subdivision, and private 1993 City Policies and Priorities sector altm'naflves should be made available to ensure minimal costs to local taxpayers. .,UEET-I 1. Zoning, Subdivision, and Planning Statutes (B) The League supports the recodlflcation of the exist- lng planning #nabling statutes but opposes changes that would restrict cities' current substantive and procedural flexibll#y to address unique circum- Minnesota's zoning, planning, and subdivision statutes and regulations are essential to promoting economic development, presetvlng envimnmen~! resources, and ensuring the efficient delivery ofpublic services. The governor's advisory council on state-local relations conducted a thorough review of the state's planning and zoning laws. The League participated in this study. A subcommittee of local elected officials was formed to review the recommendations developed by a technical committee composed ofp~nning officials from townships, cities, counties, regional development commissions, and the state. Those recommendations have been collected in a report on land use legislation, and draft legislation has been prepared, reviewed, and nodified by cities throughout Minnesota. The League supports passage of the legislation ns currently pro- LUEET-12. Energy Conservation (C) The League supports legislation providing incentives for energy conservation in both the public and private sector~. Overall energy conservation s~egies involving the public, private, commercial, and induslr~ sectors are being developed based on the rationale that conserva- tion efforts achieve the greatest energy savings at the lowest cost. Many ofthese efforts are receiving valuable assistance from the state. The League believes that a city's individual energy conservation strategy can be accomplished if the Legislature permits or establishes some ofthe follow- ing measures. The League recommends support of the use of bonding and special levies by local governments for implementation of energy conservation men- sums, including buiklln~ energy audits. This authority would supplement the current municipal energy loan program. The Legislature should also continue to encourage private sector conservation through tax credits and other incentives and should explore the poss~ility of expanding incentives for earth-sheltered, solar, super-insulated, and trader- ground development. The League supports efforts to promote statewide applications of district heating and cooling technol- ogy including: providing additional funds or the ability to special levy for conducting district heating and cooling fens~ility studies at the community level; ensuring consideration'of district heating and coolfng potential in the POwer plant siting process; and continuing use'of the state district heating bond program for renovation of existing district heating and cooling systems. Rising energy costs will continue to place a burden on the economic vitality of communities in Minne- sota. The League recommends: continuation of the fuel assistance program for Iow-income households, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participation in weatherization programs if the recipient is the owner;, support for weatherization programs operated through cities, counties, and community action program agencies; and continued support for the Minnesota Housing and Finnnce Agency's loan and grant program for home weatherization Local governments are in the best position to assess local needs and regulate energy consump- tion within their communities. The League recommends giving any municipality the option to adopt and enforce standardized provisions or appendices regarding energy conservations that are more stringent than the state building code. LUEET-13. Environmental Trust Fund (C) The voters have approved a constitutional amend- ment for the creation of an environmental trust fund, 32 League of Minnesota Cities and the Legislature should act prompt~ to include as eligible pro, yams wastewater treatment facilities, superfund cleanup actions, and solid waste disposal facilities, except the siting of new Incinerators. The 1988 Legislature concluded that all Minnesotans share the responsibility to ensure wise stewardship of the state's environment and natural resources for the benefit of current citizens and future generations, and that the proper management of the state's environment and natural resources requires foresight, phnning, and long-term activities that allow the state to preserve its high quality environment and provide for wise use of its natural resources. In order to provide a long-term, consistent, and stable source of funding, the Legisla- ture asked Minnesota's citizens to approve the creation of a constitutionally dedicated environment and natural resources trust fund financed by one-half of the state lottery (with voter approval) and other state appropria- tions. The ballot indicated that the environmental trust fund "will be used for air, water, land, fish, wildlife, and other natural resources." The voters approved the measure overwhelmingly. Although the fund is constitutionally created, the eligibility of programs and projects for funding is set by statute. Current law provides that the following programs or projects are eligible for financing from the trust fund: · RIM (Reinvest in Minnesota), a program encourag- ing the use of marginal agricultural land as wildlife habitat; · Research projects; · Data collection; · Public education programs; · Capital projects preserving or protecting unique resources; and · Activities that preserve or enhance wildlife, fish, and other natural resources that otherwise may be substantially impaired or destroyed in any area of the state. Projects or programs specifically excluded from eligibility include: · Superfund cleanup actions; · Wastewater treatment projects; and · Solid waste disposal facilities (incinerators, landfills, etc.) The legislation does provide that if the princi of the trust fund reaches or exceeds $200 million, up to five percent of the fund ($10 million) may be used to provide cities with below market rate interest loans for water system improvements. Every one of the environ- mental protection programs identified as ineligible to receive trust funds have estimated needs of tens and hundreds of millions of dollars. The need to allocate governmental resources to ensure adequate and clean water for drinking, recreation, and commercial use should be one of Minnesota's highest priorities. The efficient management of solid waste is also an immedi- ate and demonstrated need, yet these programs are ineligible for trust fund financing. A trust fund may indeed be needed, but the Legislature should act to ensure that an environment and natural resources trust fund not ignore current serious and expensive environmental problems. A balance be- tween short- and long-term environment and natural resources needs should and can be established. The state should adequately finance current programs designed to provide this and future generations with a quality environment and abundant natural resources, and increasing the types of programs elig~le for funding fi.om the trust fund is one way for the state to meet its obligations. LUEET-14. Road and Highway Jurisdiction and Funding (C) Cities support a process of planned and mutually agreeable jurisdictional changes of ctty, county, and state roads. Long-term funding for matntenance and improvements is needed, and authority for jurisdic- tional changes should be allowed only where such roads have first been brought to adequate mainte- nance and design standards. The government turning back the road should be requlred to continue maintenance until the turnback to the city is com- plete. The increased cost for cities to assume responsibility for general maintenance and life-cycle treatment for a substantial number of additional miles of road greatly exceeds the current financial capacities of cities. Even with the removal of levy limits, cities are constrained by state pressures to limit property taxes, voter opposi- tion to increased costs, and demands for other city services. At this time, the level of funding in the 1993 City Policies and Priorities .33 municipal tumback account is inadequate for ~e additional miles of road which are likely to be shifted from counties and the state in the near future. It is important to acknowledge that, rather than saving money, turnbacks merely shift the cost from one group of taxpayers to another. For these reasons, no whole- sale program of highway turnbacks should be instituted at this time. The League also recommends the following changes to help facilitate individual tumbacks: Rules should be changed to allow counties to upgrade county state aid highways using county state aid highway fonds prior to turnback when cities concur and without the penalty which is currently imposed; and The League supports allowing cities to participate in the decisions which determine whether a turnback road will he designated as a state-aid road or as a local street. If the city chooses to designate the road as a state-aid road, this designation should not affect the standard designation process, so that developing cities will be able to continue to designate a percentage ofnew road growth as part of the state-aid system. League of Minnesota Cities Revenue Sources RS-1. Property Tax Reform and State Aid to Cities (A) Over the past several years, changes in the state's property tax and aid systems along with volatile state tax revenues have resulted in increased instability and uncertainty in local government finance. In each of the last three years, state aids originally certified to cities during their budget process have been retroactively cut leaving local officials with few options but to reduce essential city services and delay necessary maintenance programs. The 1991 Legislature established the Local Govern- ment Trust Fund to create a dedicated and stable source of revenue for necessary state property tax relief programs. However, since its inception, LGTF rev- enues have been the target of budget balancing efforts of both the Governor and the Legislature. Faced with spending commitments $569 million in excess of available revenues, the 1992 Legislature shifted the funding for the homeowner's refund ($53 million annually) and county community social services aid ($52 million) to the LGTF while also funding the newly created county corrections aid program ($8 million), thereby reducing resources for existing property tax relief programs. With the additional prospect of a general fund imbalance for the 1994-95 biennium of $837 million, the LGTF is beginning to resemble the unstable and undesirable system it was design~ to replace. Recognizing the need to address these issues and numerous criticisms of the current LGA formula, the League recommends the following policy guidelines when changes are made to the LOTF and state aid systems: A. Local government aid (LGA), or an equivalent program of sharing revenues collected on a statewide basis with cities, should remain an essential compo- nent of the property tax system. The League acknowledges that the state is facing another large projected budget imbalance for fiscal year 1993. However, the League strongly opposes further cuts in LGA or HACA or further transfers of city aids to school districts or counties. Such aid cuts and transfers would increase disparities in tax burdens 1993 City Policies and Priorities between taxing jurisdictions, affect cities' abilities to compete fairly for residents and economic develop- ment, and threaten the delivery of essential city ser- vices. In addition, property tax revenues now exceed the personal income tax in the total mix of statedlocal revenues. This heavy and increasing reliance on the property tax, especially for cities, could affect the stability of the entire state revenue system. Cities, like schools and counties, deliver basic, essen- tial services to the residents of Minnesota and similar to schoOls and counties, they need financial assistance from the state to ensure adequate delivery ofthese services at a reasonable cost to local taxpayers. B. The LGd formula, or its replacement, shouM reflect a city's essential needs and ability to raise local property tax revenues. The League recognizes problems faced by cities as a result of low property tax capacity, as well as extraor- dinary needs, and recommends that the LGA formula address both of these situations. The League supports continued efforts to develop an accurate definition of the various revenue needs of different cities for use along with tax capacity in a new city aid formula. Only by addressing both sides of the revenue and expenditure equation .capacity and need~an a balanced state aid formula be designed. C. The League continues to support the 1991 cre- ation of the Iocal government trust fund (LGTF). This support, however, could be adversely affected by continual tinkering with either the revenue source or the programs funded by the LGTF. Cities support both an irrevocable dedication of 2 cents of the sales tax and motor vehicle excise tax, and payment for a defined and stable set of property tax relief programs from the fund. Because experience has shown that statutory dedication cannot be assured, the League supports a constitutional amendment to dedicate two cents of the sales and motor vehicle exclse tax (MVE2) to a property taxpayers' trust fund that will guarantee continuation of the property tax relief payments which are currently being distributed through the LGTF. Specific language for the consti- tutional amendment is very important, and the League of Minnesota Cities, in conjunction with their constituency groups, will develop the amend- ment in order to ensure that it Is in the best Interest of cities and continued funding of £GA and HDC.,4. There are many financially sound reasons for cities to have adequate cash balances, including the following. ,'he LGTF receives the revenues fi-om 1½ cents of the state sales tax and motor vehicle excise tax (lVlVET) plus the ½ cent local option sales tax and MVET. The total of 2 cents should be used only for the programs currently listed in statute for payment from the fund or equivalent programs such as a new city aid formula. The LGTF holds the promise of necessary stability for both property taxpayers and local governments and will only be successful if the integrity ofthe fund is maintained by keeping the 2 cent rate and not adding new programs to be funded by the LGTF. The 1992 legislature removed the income maintenance payments from the LGTF and added the homeowner's refund, community social services aid, and the new county corrections aid. The availability of sales tax/ MVET revenue growth for local aids should not be eroded by significant or extraordinary expansions of current programs or the nddition of new programs to be funded by the LGTF. As a result, city aid fi-om the LGTF should grow annually at the same rate as sales Iax/MVET revenues. D. The League opposes payment of additional HA CA for property class rates reductions from the L GTF beyond those rate reductions already in law through taxes payable in 1994. Extensive use of HACA payments for additional class rate reductions could consume most of the growth of the LGTF. This would leave little growth for basic city aids and cause instability for city finances and for property taxpayers. Cities would be forced to adopt excessive percent increases in net levies to fund inflationary budget increases. If the Legislature wants to pay for additional class rate buydowns, then they should be paid through the general fund. RS-2. City Fund Balances (A) The Legislature should not attempt to control or restrict city fund balances. These funds are neces- sary to maintain the fiscal stability of city govern- ments, provide adequate cash flow, allow purchases of capital goods and infrastructure, and to malntaln favorable bond ratings. The funds a city has on January I must finance their expenditures for the first six months ofthe year. A city's primary revenue sources of city revenue, property taxes and state-shared revenues, ate not received until June and July - six to seven months into the city fiscal year. Just as the state has asserted its need to maintain an adequate cash reserve account, a city must have a fund balance for its operating expenditures to avoid interfund or commercial borrowing. However, unlike the state government, cities do not receive monthly rev- enues from numerous sources (such as sales taxes, personal and corporate income taxes, and various fees and chnrges to other governments). The alternative is costly borrowing, which is not in the interest of local taxpayers or the state. Some cities also use their fund balance for major capital purchases or infrastructure. By gradually accumulating revenue over a period of years, a city can save its taxpayers the expense of issuing debt and incurring a large expense in one year. Cities explain this process of"saving" for major put. chases, such as a fire engine, to their taxpayers and the state when cities "designate" their fund balance for such a purpose. Cities need to maintain some fund balance to meet emergency or unanticipated expenditures created by situations such as natural disasters, lawsuits, and premature breakdown of vital equipment. Cities are not allowed other revenue raising authority to address these issues during their budget year. Bond rating firms require proof of financial liquidity and a demonstrated ability to service debt in order to receive a favorable bond rating. Ad- equate city fund balances are required for preferen- rial bond ratings. Additional interest costs, and higher taxpayer burdens, result when cities without adequate fund balances receive poor bond mings. The better the bond rating of a city, the lower the interest costs of borrowing are to the taxpayer. League of Minnesota Cities RS-3. ServiCe Duplication Taxation Exclusion (B) The League supports legislation which would en abIt: .city property taxpayers to become exempt from county levies for services which are either not provided to city residents or which duplicate services provided by the city. In many cities, residents are paying the costs of county provided services such as police protection, which primarily benefit county residents outside the city. In other cases, city residents may receive benefits from the county spending, but the services duplicate services which city governments are already providing. In order to more fairly allocate the cost of services and to eliminate duplication, city taxpayers and city governments should be given authority to petition to be exempt from county taxes or fees for services that duplicate city service or for services that are not provided by the .county within the city limits. Cur- rently, the city taxpayers in some cities are not required to contribute to the costs ora county library system if they are already paying for a city library system. Legislation should be passed to allow this arrangement to be extended to other services. RS-4. City Financial Reporting Requirements (B) The League supports modernization and an Increased level of comparability of financial data that cities report to state agencies· The League will continue to work with the FINREP study, IIS~4 C, and the Legis- lative Commission on Planning ond Fiscal Policy to accomplish these efforts. The Legislature should, however, fund the study and implementation of changes through the general fund, rather than the Local Government Trust Fund which is to be dedi- cated to property tax relief. Local accounting prac- rices and preferences should not be required to change as a result of the study, nor shouM local costs increase. Finally, requirements for reporting addi- tional information should be carefully weighed to determine the validity of the state's need for local government data. Minnesota has one of the most modem and rigorous systems of municipal finance oversight in the nation. The State Auditor currently receives and reviews annual financial reports from all cities. Cities over 2,500 are required to have annual audits and the Auditor has authority to audit any city. Cities also report financial data to the department of revenue, pollution control agency, department of trade and economic development, and other state agencies. The private accounting field has proven to be fully competent to conduct city audits, and are likely to be more economical than contracting with a public agency. Therefore, the League would be opposed to giving the state auditor the authority to audit cities or their instrumentalities. For all audits, local govern- ments should be allowed to take proposals and use a private auditor rather than the state auditor, if the government chooses. In addition, cities with popula- tions under 2,500 should continue to be exempt from the expense of an annual audit. RS-5. Cooperation, Collaboration, and Consolidation (B) The League supporl~ the octtnsi~,e efforts which have been made by cities acros~ the state to provide ser- vices through cooperotive agreement~, collaboration and, in some cases, consolidated programs or govern- ments. We encourage the Legislature to offer incen- tives to foster the creation of additional agreements, but not at the expense of funding for current aid programs, and to acknowledge that city officials are most qualified to determine where shared or consoli- dated services are most appropriate and will be most effective. Many studies and surveys of cities in Minnesota have shown that cooperative agreements and shared services are very common. Cities across the state continue to make efforts to increase the number and extent of programs provided, and/or to reduce the costs of public services. Because city officials are most qualified to assess local needs, the Legislature should not mandate cooperative agreements or consolidation requirements for any city services or the form of city government. RS-6. Penalties and Interest on Delinquent Property Taxes (B) Cities should receive their proportionate share of revenues from penalties and interes! collected on delinquent property taxes. Under existing law, one-half of penalty and interest payments on delinquent property taxes are distributed to counties and one-half to school districts. This 1993 City Policies and Priorities 37 inequitable policy does not correctly distn'bute the penalties and interest which accrue on taxes that are levied by cities. By law, cities ate only entitled to receive penalties and interest which accrue to their special assessments. When property taxes are delinquent, cities-just like counties and school districts ..... lose expe<ned revenue, and the current value of tax revenues. Delayed tax payments can cause a city to reduce services or spend down reserves as they wait for late payment of property taxes. Counties have always received such revenues without deductions from levy limits or from state aid payments; it is treated as "other income." Cities should receive their appropriate share of penalties and interest on their delinquent property taxes as an Unlimited revenue Souse. RS-7. Service Fees for Government'Owned Property (B) The Legislature should establish a program for reimbursing municipalities for services to state and regional facilities. The program should (1) ensure that state and regional agencles pay for services that benefit their property, and (2) allow cities to receive compensation for services that are funded through general revenue, such as police and flre, which are valuable to state and regional agencies. ,4ny such fee- for-service program should not be funded through the local government trust funt~ The State of Minnesota owns a significant amount of property within cities in the state. Cities provide a range of services that benefit these properties. How- ever, since the state is exempt from paying property taxes, municipalities are not reimbursed for the cost of these services. This places an unreasonable burden on cities. The State of Wisconsin established a program called "Payment for Municipal ServiceS' in 1973. The program provides a mechanism for municipalities to be reimbursed by the state for services they provide to state-owned properties. Through a formula based on the value of state-owned buildings within a city, the Wisconsin system reimburses cities for police, fire, and solid waste services. RS-8. State Administrative Costs (B) The League opposes the policy of deducting state agency administrative costs from funds which are appropriated for property tax relief. If the state continues this Inappropriate policy, the costs shouM be more equitably borne by the full Iocal government trust funt~ rather than on!y from funding for tocat government al~ The League believes that all state government expenses should be subject to the standard appropriation review process and be funded directly by specific state appro- priation, not by blanket deductions from property tax relief programs and from state grants, Where a state agency is required to recover costs through a state charge-back for services to local units, the state should be r~luired to hold administrative hearings to justify the charges on the basis ofthe services provided to the individual local units of government. City local government aid (LGA) provides financing for administrative costs for. the office of the state auditor, the department of administration (IISAC), the state demographer, and the department ofemployce relations. For 1993 LGA, $487,549 was deducted for these state agencies. In addition, LGA funds, distn'buted primarily to cities, have been used to finance operations by the state auditor and department of administration, which are not caused by cities alone, but by all local govern- meats, including counties, school districts, and town- ships. RS-9. License Fees (C) The Legislature sttould repeal all maximum fee provisions relating to off-sale liquor, on-sale wine, bottle club, and Sunday liquor licenses, and allow cities to decide locally the appropriate fee to charge for such licenses. The statutes typically grant authority to issue licenses or permits without specific maximum fees. Cities should have the discretion to set fees based on their own costs, needs, and standards. Case law provides ample limitations on cities' power to set license fees by requiring that revenues produced must be related to the cost of issuing the license and regulating the licensed League of Minnesota Cities business. The statutory maximum fee has not in- creased in over 30 years. RS-10. Local Property Tax Authority (C) The League strongly supports the Legislature's repeal of city levy limits and support of local deci- sions on city spending. Without levy limits, local accountability are enhanced and cities are allowed to plan for, and respond to, changing financial condi- tions and the increasing costs of state and federal mandates. Levy limits are inconsistent with the principles of local self-government and accountabil- RS-I 1. Referendum Levies (C) The League supports repeal of the requirement that city referendum levies, unlike general property tax levies, apply to property market value. In addition, it is inaccurate for a referendum ballot to state "By voting YES on this ballot question, you are voting for a property tax increase." The state has deliberately designed a system of prop- erty classes based on property use which creates varying tax burdens. The method by which a property tax is adopted should not influence this class rote system. This law makes an inappropriate distinction between capital expenditures and operating expendi- tures only for city governments. Both spending items are components of total city spending and should impact taxpayers comparably. If the Legislature wants to adjust tax burdens, changes should be made in the classification system, rather than through the tax base. In addition, the simple statement that taxes will rise as a result ora referendum levy may be false. In cases where the city has reduced their general levy, or a previous debt is retired, a city's property tax levy will actually decline when compared to the previous year. RS-12. Sales Ratios (C) The League urges the Legislature to require that appraisals be used, rather than a countywide average, to determine the sales ratio in small communities where few property sales occur. Various state formulas consider property tax base valuation in distributing aid. Sales ratios are calculated for each jurisdiction by comparing actual selling prices of properties to the estimated market value assigned by the assessor. These sales fifties are used to equalize assessed values so that ali local governments are treated fairly and not rewarded or punished based on their assessment practices. Sales ratios are thus important determinants of the level of state aid received by a community. Yet, in small communities, there are often not enough sales in a given class of property to permit an accurate determi- nation of a sales ratio. In these cases, a countywide average is applied. The county average, however, may be overly influenced by sales in a larger regional center and thus may not accurately reflect the experience of smaller cities. RS-13. Taxation Hearing and Notification Law (C) The League supports the improvements which have been made to the taxation hearing law, which is incorrectly referred to as "truth in taxation." The title should be changed. "Truth in taxation" is a misleading title for these hearing requirements. The process should be renamed the "taxation hearing and notification law." The League believes that the state government should set an example and be required to follow similar requirements for public hearings and notification processes on tax and budget issues. The League urges the Legislature to make the follow- ing changes. Local governments should be allowed to amend the levy that they preliminarily propose to the county auditor on September 15. Many cities have a difficult time realistically assessing their budget needs to be able to certify a proposed levy and budget by September 15 -- far in advance of the beginning of the next budget year. This early date, combined with the restriction that prevents the city's final levy from exceeding its preliminary estimate, works against responsible budgeting and forces cities to overestimate their budget needs to avoid potential revenue shortfalls. As a state mandate, the costs of this requirement should be fully funded by the state. The appropria- tion made for the process for Pay 1991 taxes has not been renewed. Local governments must now 1993 City Policies and Priorities .. 39 find additional funds to finance this state-mandated process from their tight or shrinking local budgets. The League commends the Legislature for its 1992 action to reduce the size requirement for newspaper advertising and eliminating unnecessary data from the advertisement. The Legislature should con- sider eliminating the newspaper advertisement requirement. Notices sent to each property owner and posted in each apartment building effectively notifies citizens of the bearings and proposed levies. The costs ofpublishing advertisements consumes tax dollars which could be better spent on city services for taxpayers. The requirement for parcel-specific notices should continue. Every effort should be made by the Legislature and the department of revenue to ensure that the notice accurately estimates pro- posed property taxes. The title of the requirement should be changed to the "taxation hearing and notification law." The current title infers that there was and would be a lack of accuracy and accountability without this process. In addition, the calculations used in the process are frequently misleading and confusing, and challenge the "tmth~lness" and accuracy of the information provided. 40' ' League of Minnesota Cities Federal Legislative FL-1. Single Family Mortgage Bonds The League urges Congress to extend cities' author- ity to issue single-family mortgage revenue bonds and to oppose recapture restrictions. The League also supports proposals to enable cities to expand their efforts to provide below market-rate home mortgages for second and third-time homebuyers in inner city neighborhoods. Cities' authority to issue mortgage revenue bonds (MRBs) should be extended to support redevelopment and to provide affordable housing. The League supports reasonable income eligibility requirements in order to target MRBs to areas where 50 percent or more of the families have incomes of S0 percent or less ofthe'statewide median as well as to areas of severe economic distress. census tracts in which 50 percent or more of the families have incomes of 90 percent or less of median. This proposal would aid cities in meeting housing needs in transitional neighborhoods and would be an important tool to encourage neighborhood stability where conditions suggest increased likelihood of property conversion to rental use or abandonment. FL-2. HomelessnesslHousing Issues The League supports full funding of federal assis- tance programs for emergency, long-term assistance and preventive measures to aid cities to meet the needs of homeless families and individuals. The League also urges Congress to strengthen federal/ local partnerships in providing affordable housing at the local level to reduce risks of homelessnes~ Previous congressional proposals to restrict the avail- ability of MRBs have required recapture ora portion of the interest subsidy received if the home is sold within five years. Recapture provisions and effective dates of proposed restrictions would impose strict tax liability on bond issuers and add unreasonable costs for quali- fied homebuyers at a time when cities are struggling to make affordable housing available. Effective dates for recapture provisions and disclosure requirements for bond issuers with outstanding MRBs would seriously hamper bond sales after the effective date for imposi- tion of restrictions, resulting in a loss of f'mancing for housing needs. City officials view the program as a means to provide homeownership opportunities to buyers with limited incomes while encouraging flexibility in housing purchases as family conditions change. At the same time, the program gives families a means of building home equity and serves as a source of neighborhood and community strength and stability. Efforts should be made to permit greater flexibility in the use of allocations of mortgage revenue bonds for programs in targeted areas. Under existing law, the first-time homebuyer requirement is waived in census tracts where 70 percent or more of families have incomes orS0 percent or less of the statewide median. This should be broadened to permit bond issuers to elect to waive the first-time homebuyer requirements in Reauthorization of the Steward B. McKirmey homeless assistance act in 1990 is encouraging in view of federal action restoring previous budget cuts in homeless assistance programs. Restoration of funding levels for emergency shelter grants, and Section 8 and SRO rehabilitation programs have been important in sup- porting local efforts to provide housing services. Demonstration supportive housing programs and supplemental assistance, along with health care and mental health block grants, emergency food and shelter, and emergency service grants should continue to be funded. Long-term federal assistance to the homeless should include a firm commitment to finance low-income housing programs to permit new construction as well as rehabilitation and access to loan financing through the Farmers Home Administration housing loan programs and other federal elderly and handicapped housing assistance for those in poverty. Measures to promote maintenance and rehabilitation of low-income housing for families and individuals are also important strategies to reduce homelessness. Programs are needed to make such housing available in rural areas as well. Tax incentives for construction and rehabilitation of low-income housing must be contin- ued and strengthened to make it possible for cities to respond to such housing needs. 1993 City Policies and Priorities 41 The hck ofadequate community mental health services contributes to the number of persons who are home- less. The needs of vulnerable individuals remain a major concern for local officials. The federal govern- ment must work with states and cities to improve eligibility for health care, long-term transitional housing, food stamps, and other federally subsidized benefits to assist such individuals. FL-3. HOME Investment Partnership The League strongly supports full funding of the HOME Investment partnership program to provide housing block grants to cities and states to develop and rehabilitate affordable housing units. City officials are eager to take advantage of increased flexibility to address local needs through this program. It is important for Congress to identify new funds for this program and maintain funding for on-going federal housing assistance and community development programs, particularly for community block grants and public housing operating assistance and modernization. Congress needs to address remaining concerns over local match requirements. The League supports a .'elaxation of those requirements. In furore years, efforts should be made to provide greater flex~ility in any local match requirements. Congress should also make it clear that local tax-exempt financing may be used to meet match requirements. Eligibility thresholds for direct entitlements limit the number of cities that can benefit from allocation of HOME funds in Minnesota. It is important to maintain at least a $2 billion level of funding for the program in order to provide more cities with direct assistance. Reducing the threshold allocation needed for additional cities to qualify for direct funding would make such assistance available to cries that currently receive direct CDBG entitlements. FL-4. HOPE - Home Ownership and Opportunity for People Everywhere The League does not support the proposed HOPE bomeownersbip program because It Is not well designed to help public housing tenants afford the cost of purchasing and maintaining their own homes. More care must be exercised to assure that the needs of such households are fully recognized so that they will be able to afford mortgage payments and expenses and to increase the opportunity to improve their economio status. HOPE must not be used as a meam of selling off public housing units to reduce the inventory of proper- ties which the federal government has a direct respon- sibility to maintain. The federal government must help cities assure that an adequate supply of public housing is available for low-income households. Public housing tenants able to afford a limited down payment for affordable housing in the community can be aided to purchase such units without risking the loss of public housing needed for those who cannot afford housing avm'lable in the private mark~ City officials support federal policy to encourage the development ofhomeownership programs for public housing residents. It is important that such legislation establish realistic income thresholds and provide the funding necessary to help cities coordinate the neces- sary mortgage financing and access to services needed to make it poss~le for families to purchase and main- rain market-rate housing. FL~$. Incentives to Preserve Affordable Rental Housing The League encourages Congress to maintain fundIng for programs that prevent mortgage prepay- ments or expiring contracts to result In buyouts that reduce the availability of subsidited rental housing for low-Income households. Financing for building owners and tenant subsidies, along with incentives to owners to maintain affordable rental units, will allow low-income units to be retained in the community and provide a mix of housing for city residents. Continued financial incentives will be necessary to encourage developers to help preserve federally subsidized affordable housing units. FL-6. Removal of Regulatory Barriers The League opposes federal pre-emptlon of local housIng and ~oning ordinances and regulations and the withholding of federal housing assistance from cittes which fail to conform local housing codes to standards imposed at the federal level League of Minnesota Cities Local land use regulations, subdivision ordinances and building codes are adopted to protect public health, safety-and welfare. City officials are alarmed by proposals that would preempt local authority to estab- lish building and zoning requirements and demand that cities alter such local regulation under threat of the loss of federal housing assistance. When necessary, cities are in the best position to determine if such requirements can be modified to lower the costs of producing affordable housing. But regulatory reform will not help cities increase the supply of affordable housing if federal funds for low- income subsidized housing are not available. HUD has no direct experience in the review of local building code and zoning requirements. Imposing federal review on cities is an unacceptable intrusion into the authority of local government to adopt land- use and community development policies which assure neighborhood stability and orderly growth. FL-7. Comprehensive Housing Assistance Strategy (CHAS) The League urges a reduction of the extensive documentation cities are required to produce in order to receive federal housing funds under the national affordable housing act. The comprehensive housing assistance strategy (CHAS) reports to be submitted by cities to the U.S. Department of Housing and Urban Development have substantially increased the workload of local housing agencies. In many cases, local agencies may not receive additional federal housing assistance despite completion of this lengthy and difficult analysis and reporting requirement. Serious doubts have also been raised about the useful- ness of CHAS reports as a planning tool. Use of outdated census information, rapidly changing housing markets and lack of documentation on specific popula- tion groups limits the accuracy and reliability of some information. Cities are unlikely to propose ambitious strategies when addressing such needs because of concern that failure to achieve objectives will result in the loss of federal housing assistance in the future. FL-g. FHAlnsurance Changes The League supports easing limits on flnanclng of closing costs required by FIL4 housing Insurance programs. City officials are concerned that limits on the mount of closing costs that may be financed will make homeownership increasingly difficult, particularly for younger, first-time homebuyers. Cities have ample supplies of affordable housing that must be maintained and made available on a continuing basis for those seeking a first mortgage. FL-9. Portability of Section 8 Housing Certificates and Vouchers The League urges Congress to modify Section 8 tenant assistance requirements to relieve local problems caused b.v the demand for Section 8 units. Modifications should also be made to help public housing authorities meet the needs of Section 8 certificate holders who have moved from another city. The League recommends the following changes in federal rules to ease difficulties for housing agencies adversely affected by loss of income and tenant assis- tance as a result of portability: Require that certificates and vouchers be used in the jurisdiction in which they have been issued for a minimum 12-month period; Compensate agencies experiencing losses became of housing adjustment payments (HAP) to agen- cies in other cities for the added administrative and financial charges incurred; Make federal funding available to assist smaller local HRAs (outside MSMAs) to deal with additional record-keeping and accounting required as a result of experience with portability; Examine the feasibility of setting limits on the number of portable certificates that will be avail- able from the originating PHA or make it possible for agencies to adopt a more flexible method of adjusting for the loss of Section 8 units. 1993 City Policies and Priorities 43' City officials recognize that mobility of low income persons seeking rental housing necessitates portability of Section 8 assistance, but the impact on communities and neighborhoods must also be addressed. Officials are duly alarmed by indications that Section 8 units may become concentrated in certain localities, which, in turn, contributes to a loss of a mix of housing and income levels within the neighborhood. FL-10. Siting of Group Home Residential Facilities The League urges Congress to modify the fair hous- ing act to permit cities to exercise reasonable dis- penal and spacing requirements for residential care facilities to prevent over-concentration and to provide the benefit of normal residential surroundings to people with mental illness, the homeless, battered women and children, those with developmental disabilities Cities must be authorized to establish appropriate dispersal and spacing requirements while protecting the rights of the disabled to assure that they are not denied access to housing in residential zones. It is also clear that those who license and purchase services from residential providers must exercise responsibility to make available to disabled citizens the benefits of normal residential surroundings. Access must not be denied through improper application of local zoning codes. Cities must be clearly authorized to exercise local controls to prevent over-concentration of residences within neighborhoods and to enhance the opportunity for disabled residents to receive needed health and social services as well as access to public transporta- tion, education, and recreation, to help sustain a quality of life for them, and for the community in which the facilities are located. Efforts to mainstream individuals requiring special care is of particular interest to cities. Such people must not be forced to reside in areas that threaten to become defacto institutional zones. This not only defeats the purpose of fair housing legislation designed to scatter such uses in a variety of settings, but also pits social service providers against neighborhood residents who become fearful and resentful about the influx of such facilities into the local area. FL-II. Mixed Populations The League urges Congress to relieve serious prob- lems resulting from requirements to house people with disabilities in public high-rises originally designed assenior citizen residences. Immediate action must be taken to overcome problem~ of security and unworkable living arrangements to protect the well-being of residents and prevent further deterioration of buildings and loss of housing units. Seniors must be accorded the opportunity and the assurance that they can enjoy a suitable environment and security as residents of public housing ~ El&dy residents must not be subjected to increased stress and anxiety as a result oftha ..asSignment of emotionally unstable younger people to the same buildings in which senior citizens reside. It is important that cities be permitted to devise alterna- tive housing options to allow those with disabilities to have access to programs and services associated with housing assignments that will more closely fit their needs and lifestyle. At the same time, such approaches can provide more appropriate surroundings and secu- rity for the elderly. FL-12. Anti-Drug Abuse: Prevention and Assistance The League supports full funding of the anti-drug abuse act and urges the federal government, In partnership with cities, to provide assistance to local law enforcement agencies, courts, schools, commu- nity-based organizations, treatment facilities, and other local resources to combat the threat of drug abuse and related crime and vtolenc~ The failure of some states to pass grant allocations through to cities threatens to undo valuable interjurisdictional cooperation and implementation of statewide drug control strategies. Congress must make it possible for cities to receive funding in a timely manner by requiring states to guarantee that they will distr~ute funds efficiently and direct them to local units of government. Such agreements must assure allocation of at least 80 percent of federal drug control systems improvement grants to local law enforcement League of Minnesota Cities and drag control activities and demonstrate that smaller non-metropolitan efforts are awarded a proportionate share of funding. Coordination and broad-based cooperation at state and local levels should be encouraged in order to increase the effectiveness of measures designed to deal with the grievous personal, social, and economic consequences of drag abuse. City officials acknowledge the need for reasonable controls to assure accountability in the use of federal funds. It is also important that federal grant requirements remain flexible and that complicated grant application procedures be kept to a minimum. The League supports efforts of the Minnesota Office of Drug Policy to seek waivers from the federal govern- ment to assist local governments to provide the 25 percent local match required for receipt of such federal funds. The League encourages other states to seek such waivers from the federal government to aid cities which do not have sufficient resources to meet the federal match. Increasing match requirements to 50 percent would make cities with a smaller tax base ineligible for federal grants needed to aid local law enforcement and drug control efforts. City officials oppose proposals to increase such local matching requirements. The League urges Congress, in concert with state and local government, to support efforts to strengthen the capacity and improve the effectiveness of local law enforcement agencies, both urban and rural, to combat · drug trafficking and other illegal activities that threaten neighborhoods and the safety of city streets and homes. It is also necessary for the federal government to intensify U.S. and international efforts to reduce the agricultural and manufacturing sources of illicit drugs in other nations. Strategies to reduce the supply and demand for drugs must be clearly defined with realistic objectives and goals. It is essential that Congress provide a consis- tent, stable soume of funding for federal grant pro- grams and permit sufficient flexibility at the local level to allow cities to make use of funds in a timely and effective manner. Past experience demonstrates it is difficult to implement effective local strategies when restrictive and complicated grant application proce- dures are imposed and funding levels are inconsistent. The trend toward increased alcohol abuse among youth is equally alarming and difficult to eradicate. Direct experience with this problem at the state and local levels has provided an understanding of substance abuse problems. For all these reasons, local officials must be granted the flexibility to design programs to address the special problems faced in their communi- ties. Serious economic problems and cultural differ- ences within city populations also create obstacles which must be overcome to reduce the spread of drug and alcohol abuse. Local officials are in the best position to help individuals at highest risk of addiction overcome distrust and lack of confidence in govern- ment-sponsored programs. FL-13. Federal/Local Fiscal Relations The League of Minnesota Cities urges Congress to uphold the authority of cities to issue tax-exempt bonds and oppose further intrusion when restrictions result in higher issuance costs, loss of investor incentives for construction and preservation of affordable housing, or the loss of tax-exempt status for general obligation bonds. Cities face critical decisions in the investment of funds to meet costly infrastructure and public service needs. Cities need to be able to take advantage of the small issuer deductibility exemption for banks and pools which purchase or sell municipal bond issues. The League urges Congress to enact legislation that will bring banks back into the tax-exempt market to accom- plish these objectives and save local tax dollars. The following changes in federal fiscal policy will aid cities to make effective use of tax-exempt financing for such purposes: · Increase smaller issuer arbitrage rebate exemp- tions; · Make relief from arbitrage rebates retroactive to 1986; · Raise small issuer bank deductibility; · Ease restrictions on the use of municipal bonds for environmental facilities; Allow cities to keep 10 percent of arbitrage earn- ings. 1993 City Policies and Priorities · . 45 Congress should provide cities relief from costly arbitrage rebate restrictions and allow local government to retain investment earnings to revitalize neighbor- aoods and strengthen the community. City officials also urge Congress to study the state volume cap on private activity bonds for financing environmental projects to determine whether activities are being delayed because of such restrictions. The study should also examine the added cost to cities of meeting environmental mandates iftaxable financing must be used or if delays lead to fines or penalties imposed by federal law. The League also supports investor incentives for construction and preservation ofaffor~ble housing, including the following: · Rehabilitation tax credits; · Low and moderate-income housing tax credits. Such tax policy should be made a permanent feature of federal-local fiscal relations. In addition, the League supports low-income housing tax credit policies more workable by making full credit available for projects in ,vhich cities use tax-exempt financing or community development block grant (CDBG) funds. The League supports the following policies to broaden the authority of cities to use tax-exempt financing: · Restore the private use test to 25 percent for bond issues of less than $25 million; FL-14. Federnl Mandates Congi'ess must provMe dlrect flnanclal support to compensate local governments for the cost of imple- menting federal requirements and programs. Previ- ous attempts to provide fiscal relief have failed because congress has not provIded a dependable and stable source of funding for federal, local flscal assistance. Congress must also make it less costly for cities to carry out federal requirements by permitting local flexibility in complying with mandates. Legislation which establishes new or additional mspons~ilities and costs for local government must also indicate the source of funding to pay for local programs and. services required unde~ provisions of the bilL Further,- such requirements must also acknowledge local responsibility for paying those costs in the'absence of federal funding. It is important that federal legislation imposing in- creased respons~ilities and duties on cities be required to include funding to lessen the fiscal impact of complying with those requirements at the local level. The following federal mandates have direct and substantial fiscal impact on cities: Compliance with environmental regulations, particularly wastewater treatment and safe drinking water standards, stormwater permit requirements, as well as imposition of penalties for failure to attain standards; · Expand qualifications for exemption from bank and arbitrage deductibility; · · Regulation of landfills, incinerators, ash disposal, and other solid waste management activities; · Maintain the current limit on the authority of nonprofit corporations to issue tax-exempt bonds. · Local match requirements for new federal transpor- tation and HOME block grants; Federal regulation of municipal bonds should not require unnecessary reporting. Failure to report bond issues to federal regulatory agencies should not result in taxation of interest income to the city. Federal arbitrage restrictions should not apply to municipal bond reserves or sinking funds. Arbitrage which results from fluctuating interest rotes, issuance procedures, prudent management of the bond issue, or refundings should not be subject to retroactive tax liability. · Tax-exempt bond reporting, arbitrage restrictions, and penalties. The League urges Congress to assess current federal programs, regulations and policies to determine the extent of impacts on cities. The League supports federal legislation to require fiscal impact statements (fiscal notes) for all proposals, rules, and regulations prior to enactment or enforcement at the local level. 46~9~ League of Minnesota Cities Traditionally, city officials have agreed to comply with · federal requirements associated with the distribution of federal aid to local government, federal housing assistance, community development block grants, wastewater treatment construction grants, etc. In recent years, however, federal policymaking has often resulted in shifting new duties and responsibilities to the local level without a corresponding increase in · federal revenues to cities or the expansion of local authority to raise revenues to pay for those new man- dates. FL-I$. Solid Waste Management The League strongly urges Congress to undertake a major effort to establish a national program of resource .recovery, recycling, source reduction, and environmentally safe disposal of solid waste as en vironmental priorities. The following measures must be taken to protect the environment and to make it possible for cities to carry out responsibility for disposal of municipal solid waste: Establish packaging standards for manufacturers, distributors, and retailers and require all new products and packaging to be non-toxic, recyclable, and/or biodegradable; Authorize the U.S. Environmental Protection Agency to require industry to eliminate toxic, nonrecyclable, and/or nonbiodegradable products and packaging; · Provide funding and other assistance to expand the market for recyclables; Restore favorable tax treatment for financing of resource recovery facilities, landfills, and recycling centers; · Develop national recycling goals and initiatives; Provide funding for pilot recycling programs to assist cities to develop new recycling methods and programs; · Develop siting criteria for waste disposal facilities; Amend the comprehensive environmental sponse, compensation and liability act (CERCLA) to provide that municipal solid waste is not a hazardous substance in the same manner as pro- vided under the resource conservation and recovery act (RCRA); Define the degree of toxicity of municipal solid waste in assessing liabilities for cities which arrange or license pick-up and hauling of munici- pal waste within the city; Grant the federal government sole authority to sue local governments for clean-up cost-sharing costs under the superfund statute if they have handled hazardous waste; Regulate resourc9 recovery and ash emissions through a permitting process that requires periodic monitoring and achievable emission controls; Require retrofitting of existing incinerators only to correct major pollution problems not recognized at the time of construction or to install new cost- effective technologies; Designate incinerator ash as a special waste and establish testing and treatment requirements along with development of flexible methods of ash disposal for residue that has been tested or treated; Establish design criteria for ash monofills to be used for untreated or toxic ash; Further, the federal government must develop options for solid waste disposal and assist local governments in implementing cost. effective programs to reduce the chance of future environ- mental damage from waste disposal methods. Source reduction also plays a critical part in manage- ment of increasing costs of disposal. Congress must establish packaging standards for manufacturers, distributors, and retailers to reduce the volume and pollution problems associated with toxic and non- biodegradable materials. Removal of toxic, nonrecyclable, or nonbiodegradable packaging and products must be a major focus ora national solid waste management policy. 1993 City Policies and Priorities ,~. ~47 Local officials need to have assurance that required standards and restrictions for solid waste disposal have been determined in order to plan and construct waste disposal facilities with adequate safeguards to protect the environment. Development of integrated strategies that utilize source reduction, recycling, resource recovery, and landfilling is required. The League supports NLC development of a national solid waste management policy for cities to provide management options that allow cities to meet local needs. FL-16. Airport Noise Control Cable Television Consumer Protection and Competi- tion Act provlde protection for local cable subscrib- Cities strongly support local regulation of rates charged for cable services. Under provisions ofthe new hw, cities are authorized to apply for certification to enforce FCC rate regulations of charges established by local cable operators for basic service, installation and leased equipment. City officials object to this arrangement, particularly because local government can most effectively regulate rotes charged to subscn'bers by the cable company with which the city has a franchise agreement. The League strongly supports enactment of a na- tional noise pollcy which upholds local authority to regulate airport noise levels and aircraft operations to protect tl~e health, safety, and welt-being of the public. Congress must not preempt local zoning authority and poltcies aimed at reducing unaccept- able aircraft noise levels that affect nearby neighbor. hoods and populations. The federal government should establish firm deadlines for the phasing out of older, noisier aircraft used by commercial and air cargo carriers. Congress must also act to restrict use of Stage II aircraR by carriers when a ban on such airplanes goes into effect in Europe. Communities adjacent to municipal or major hub airports must retain the authority to impose noise restrictions and to regulate airport capacity to provide for the health and safety of residents and those work- ing in locations affected by airport operations. Cities must be free to protect public health and safety by adopting land use and zoning regulations, licensing requirements, and other measures designed to preserve the character and quali~ of life of residential areas affected by airport operations. The Federal Aviation Administration should also adopt "non-addition" rules to regulate the use of Stage II aircraft by domestic air carriers following the ban on the use of such planes in Europe. FL- 17. Cable Television Regulation The League urges Congress to ensure that rates established for basic cable services by the Federal Communications Commission (FCC) under the 1992 Cable tnmchise regulation must also assure that cablo operators are respons~le for:. · Providing wide access to cable services; · Maintaining the quality of cable signals; and · Assuring satisfaction with customer service standards. Strengthening local regulation The League strongly supports city authority to estab- lish and enforce customer service standards more stringent than those adopted by the FCC. CRies also welcome changes in federal law to create local author- ity to revoke a cable operator's franchise for cause and the provision of damages immunity for local franchise authorities in the regulation of cable systems. Leased Access Reforms Of equal importance are concerns for leased access to cable channels, particularly for public and educational (PEG) programming. The League has supported reforms which would require cable operators to provide a set-aside of channel capacity for such purposes. The new cable law requires the FCC to establish a maxi- mum reasonable rate which cable operators could charge as well as establish the terms and conditions of such leases. Signal Quality Enforcement The League supports strengthening FCC authority over minimum technical standards to require operators to maintain or improve signal quality. Cities should also be authorized to include enforcement provisions in League of Minnesota Cities local franchise agreements. Recognition ofthe impor- tance of local enforcement is critical. Cities also insist that FCC approval of additional local authority to institute more stringent standards be granted without delay to communities in which serious difficulties and customer dissatisfaction is already documented. Enhancing Competition Cities also support prospects for encouraging competi- tion in the delivery of cable services. It is important that competitors have reasonable opportunities to offer comparable services. But congress must see to it that cities are in a better position in the immediate future to discourage attempts by the cable industry to eliminate competition in the delivery of local cable and video services. Programming Access Improvements Local franchising authorities have always insisted on the importance of access to programming in order to discourage monopolistic practices within the cable industry. The League supports measures to disallow video programmers affiliated with cable operators from discriminating against a multichannel video program- ming distributor. In addition, congress should assure that exclusive programming contracts between a cable operator and programmers affiliated with the that operator are strictly limited and regulated. Measures to restrain monopolistic practices in the cable industry are key to increasing opportunity for competi- tion. Therefore, it is essential that cable operatom be prevented from engaging in the following activities: · Requiring video programmers to grant operator's financial interest in programming service in order to guarantee channel placement; · Discriminating against unaffiliated video program- mers; · Extending multiple system operational control over an unlimited number of subscribers; · Allowing affiliated video programmers exclusive use of available channels; · Obtaining licenses for multichannel multipoint distribution service (MMDS) or providing satellite master antenna tv (SMATV) service in areas the cable operator serves. Municipal Cable System Ownership It is also essential that cities' authority to operate a cable television system be upheld and secured. Such efforts have previously been challenged by cable operators, resulting in costly litigation and actions by cable systems to undercut rates charged by municipal cable systems in an attempt to force the city to discon- tinue offering services at the local level. DBS Regulations Requirements for the FCC to adopt rules that would make direct broadcast satellite (DBS) services subject to public interest requirements are also needed. Con- sumers receiving such broadcast and video program- ming services must be assured of the opportunity to receive noncommercial public service programming. Reserving channel capacity for noncommercial pur- poses is of fundamental importance to communities in which such DBS services are offered. Cable System Sales/Transfers Finally, there must be limits placed on the frequent sale and transfer of cable system ownership. The League supports measures which limit the frequency of those transactions and require cable operators to obtain local approval of such sales or transfers within the cable franchise agreement. FL-18. Economic Development The League urges Congress to take the following actions to help cities encourage the development of the local economy: ,4. Strengthen Small Business ,4dministration (SB,4) guaranteed loan programs in urban and rural areas; B. Encourage banks to work with cities and SBA- certified community development corporations (EDCO to develop revolving loan programs for housing rehabilitation and new construction; and C. Provide financing for expansion and retention of businesses, as well as public works grants and revolving loan programs to ciO'es through the Eco- nomic Development ,4gency (ED,4). 1993 City Policies and Priorities 49 Congress should coordinate federal assistance to cities with existing state economic development and housing assistance and financing programs as well as those nitiated by local banks in response to Community Reinvestment Act requirements. The efforts by cities to work with local businesses, churches and community organizations, foundations and private organizations must also be coordinated with federal action. Such an approach will establish a federal-local partner- ship with a stwng interest in supporting the creation of locally based initiatives and cooperation. Federal funding can make it possible to stimulate local invest- merit in business development and rehabilitation programs which will strengthen and improve employ- ment and business opportunities. Cities also utilize EDA programs for business expan- sion and job retention. EDA provides valuable assis- tance in the form of grants for infrastructure improve- ments andupgrading of public utilities to support economic development objectives. Therefore, it is vital for Congress to continue to fund EDA programs that make it possible for cities to support local business expansion and encourage development ora skilled workforce. The League also supports efforts by cities to collabo- rate with other local educational, community develop- ment, housing, and social service organizations in the development of local economic development strategies. Regional development commissions (RDCs) also provide an important resource for cities. RDCs can assist in administering small city CDBG grants and provide technical assistance in developing grant ~pplications and strategies to address local economic and community development priorities. It is particularly important that congress provide sufficient funding to make SBA guaranteed loans for businesses in cities located at a distance from major metropolitan areas and urban centers. Cities must also have the financial resources to establish revolving loan funds to aid business, encourage job development, and improve the effectiveness of local economic develop- ment strategies. in the community to obtain start, up loans or financing for improvements or expansion. It is essential that employers in such communities be able to obtain SBA micro loans, particularly for prospective business owners who do not have sufficient equity to qualify for regular bank financing. In addition, federal tax policy must address the urgent need to encourage development of private sector initiatives to aid development of small businesses, particularly in non-metropolitan locations. Cities located at a distance from population centers and major urban areas have a vital interest in the availabil- ity of venture capital and financing for small business development. Federal policy should also address the potential for making use of the requirements of the Community Reinvestment Act (CRA) to encourage the creation of locally-based consortia of non-profit development corporations and banking interests. Such activities could generate development of micro business loan programs in distressed neighborhoods and lead to creation of community revolving loan programs for housing rehabilitation and construction. FL-19. Rural Development Issues The League urges Congress to recognize and support the responsibilit~ and authority of cities to provide water and sewer services and to refrain from autho- r#ring the financing of rural utilities that would adversely affect orderly growth of unincorporated areas, particularly those adjacent to corporate city limits. The League also supports programs and increased funding to strengthen rural economies and to aid cities to provide services and public improvements that stimulate economic development. Such programs must uphold the authority of cities to provide public utility services and recognize the importance of orderly growth within a comprehensive land use planning process which involves cooperation among local units of government. Smaller cities must be able to provide business start-up loans of $25,000 to $500,000. Cities in rural areas have been adversely affected by the loss of locally owned banks, making it more difficult for businesses The federal government must increase the capacity of local units of government to deal with problems of groundwater contamination and water resource man- agement; to comply with federal environmental 5O League of Minnesota Cities standards; and to make services that will increase economic activity and planned development available to residents in surrounding rural areas. Congress must also assure that federal authorization for rural electric cooperatives ('RECs) to finance the construction of water and waste disposal facilities in unincorporated areas will include criteria for approval of grants or loans that take account of existing munici- pal utilities and service delivery and the impact of such facilities on regional and/or local land-use planning and development. Unplanned development in unincorporated areas (rural sprawl) creates serious problems in rural communities. Such development weakens, rather than strengthens local economies in agricultural areas. The federal government must strengthen the role and capacity of cities in such locales to maintain a quality of life, encourage economic development, sustain a growing population, and efficiently use agricultural resources. Proposed expansion of REC involvement in the financing of rural water and sewer systems seeks to take advantage of the capital resources of RECs to provide rural areas with improved water and waste disposal. City officials are familiar with the serious environmental and economic problems faced in areas with local population densities and limited capacity to finance major public improvements. Previous federal legislation failed to acknowledge or include the role of cities in the delivery of such public services, and overlooked the necessity for local govennnent coopera- tion to establish and maintain support for rational patterns of development. It is unnecessary for the federal government to expand the role of RECs to accomplish the objectives of federal rural development legislation. It is essential that city officials and utilities work in a coordinated manner to meet shared public service objectives. The federal government has a continuing responsibility to enact appropriate tax policy and to maintain funding for current EPA and Farmers Home Administration (FmHA) grant and loan programs to aid such areas. The League opposes initiatives to make RECs eligible for low-interest loans to provide water and sewer services in areas without such service delivery. Such policies are not in keeping with the purpose or role of RECs to provide electricity to support family farms and to strengthen the agricultural sector. The role of rural electric cooperatives is to serve farmers and those living outside urban centers with electric service, and should not be to provide additional water and sewer Utility services in areas where cities are prepared to extend current services or expand facilities to provide needed capacity. Increased REC interest in competing with cities to provide such utility services in rural areas experienc- ing residential growth and commercial/industrial development has raised serious concerns at the local level. Cities are experiencing increased intrmion by RECs in annexation proceedings and disputes, and in the delivery of municipal services to subdivisions. It is evident that, on a national level, the REA, is encourag- ing local cooperatives to pursue authority to provide utility services that cities have traditionally been authorized to deliver. If Congress enacts rural development legislation that establishes REC eligibility to borrow funds for devel- opment of such systems, such financing should only be approved if the following criteria are satisfied by the proposals submitted by local cooperatives: Demonstration that the proposal to serve rural areas with water or sewer services will not result in, or encourage the loss of valuable agricultural land and resources; Completion of an environmental impact statement or other evaluation of the effect of such facilities on water resources, population settlement patterns, development strategies, and availability of other federal grants or loam (EPA water and sewer loans and grants); · Compliance with local comprehensive land use and water management policies; · Demonstration that such rural utility systems will not create obstacles to annexation and orderly growth of cities. Further, such policies must incorporate the following principles to assure that provision of utility services in rural areas provide for the following: Recognition of the role and capacity of cities to deliver water and sewer services; 1993 City Policies and Priorities Right of fi~'t refusal by cities with current or planned capacity to deliver water and sewer service to extend such utilities to properties requesting improvements; Eligibility of cities for such financing to extend or improve current municipal utilities to extend those services; Direct participation of cities in the review of REC project proposals to serve locations adjacent to cities. FL-20. Groundwater Protectioa The League supports policies to protect groundwater resources and urges Congress to concentrate on measures designed to minimize the use and disposal of toxic chemicals and to assist local governments to protect groundwater supplies. Federal legislation should emphasize management of groundwater resources rather than elimination of all contamina- tion and the development of national programs to aid ~nall and rural communities. Cities are concerned with preventing the transport of contaminants into city water supplies and public drinking water systems. Since the aquifers where contamination may occur are not limited to city/county boundaries, it is important that protection measures and monitoring requirements reflect such circumstances and make federal assistance available to local govern- ments to help carry out appropriate groundwater protection strategies. Flexibility in implementing groundwater protection programs is needed to enable state and local govern- ments to address management problems using current laws and intergovernmental cooperation already in place, rather than instituting extensive changes. Federal legislative proposals have included provisions for national groundwater quality standards. Cities are concerned that proposed requirements to assure that all subterranean pore space in area aquifers to contain drinkable water may be difficult and costly to achieve. The expense of monitoring is likely to cause cities difficulty in maintaining other necessary water man- agement programs. Solutions to the threat or existence of groundwater pollution should be based on the local conditions and adequate understanding of the cost- effectiveness of remedies preferred by local officials. ¢ Background Efforts in Congress have led to the addition of ground- water provisions to the reauthorization of the federal insecticide, rodenticide and fungicide act (FIFRA). Such requirements were also added to the safe drinking water act, which called for the EPA to determine the potential for pesticides to leach into groundwater supplies; notification of detection of pesticides; estab- lishment of groundwater monitoring and registration requirements based on detection ofpesticides in wells used for drinking water; and the creation of groundwa- ter pesticide standards. Groundwater contamination issues have been difficult to resolve. Among the issues on which Congress has focused are notification of contamination detection and establishment of groundwater action levels for pesti- cides detected in the groundwater as the result of "normal use" that exceeds the action level. FL-21. Clean Water Act The League urges Congress to ful~ fund the state revolving loan (SRL) program to aid cities to fully comply with toxic control and sewage treatment requirements. In addition, Congress must recognize its responsibility to aid cities to comply with non- point source pollution and combined sewer-overflow controls· The League also supports measures that will assure a moratorium on enforcement of EPA-mandatory stormwater permits for cities under 100,000 population through 1992 to provide sufficient time to rewrite requirements. Cities over 100,000 population are prepared to con- tinue stormwater management planning and monitoring activities, but Congress must defer implementation of management requirements until completion of the reauthorization of the clean water act. Failure to fund the SRL program has reduced aid to local government by nearly $2 billion since 1987. Many smaller cities cannot participate in such loan programs in any case for lack of local frscal capacity to repay the financing. For that reason, the League is encouraged by introduction of legislation that would provide federal aid to cities for construction of drinking water systems as well as wastewater treatment and solid waste facilities, and for costs associated with League of Minnesota Cities replacement of underground storage tanks. Ofparticu- establishing MCL requirements at the customer's tap is lar importance are provisions that would allow cities misleading and prohibitively expensive. under 2,500 population to apply for low or no interest loans or grants, with an accompanying state 25 percentIf such requirements are put in place, cities will be match, that could cover as much as 75 percent ofsiiCh '~ required to undertake both corrosion control measures, costs, as well as replacement of lead service lines at costs There is also a need to identify new revenues for meeting the cost of fmancing combined sewer overflow pollution control measures as well as regulations which allow cities to use available technology, and which recognize the necessity of weighing costs and benefits in the development of pollution control guidelines. which will be extraordinarily high and prohibitive at the local level. Insistence on the removal of such pipes as a prime strategy for reducing lead in public drinking water supplies is seriously flawed. EPA-proposed regulations announced in May 1991 place more appropriate emphasis on corrosion control measures as the key means to control lead contamination levels. FL-22. Lead Contamination The League supports federal programs to help cities reduce harmful levels of lead in public drinking water systems and urges Congress to work with local officials to develop standards and operating require- ments that are feasible and realistic. Congress must also continue support and increase funding for Farmers Home Administration grant and loan programs as major sources of financing for smaller city water systems in rural areas. Legislation requiring the EPA to impose more strin- gent lead contamination standards in drinking water should be modified to allow a longer time period for implementing and evaluating corrosion control mea- sures and alternatives. Congress must also substan- tially change requirements that would make cities responsible for removing lead service lines in privately owned homes if lead levels exceed new, more stringent maximum contamination levels (MCL). Costs to city residents for drinking water service would rise to intolerable levels under terms of this legislation, especially in smaller cities. The League urges Con- gress to support provisions that make allowances for small and medium-sized systems. Small cities bear a disproportionate share of the cost of compliance with safe drinking water requirements because they lack larger and. more broadly based rate structures. The EPA has estimated that smaller water systems will bear more than 60 percent of the cost of meeting federal safe drinking water requirements. Capital costs required are estimated to be $14.6 billion. In addition, provisions make cities subject to liability that can result in fines of as much as $25,000 per day for failure to maintain low levels of lead in drinking water supplies. It is unreasonable to hold city-owned and operated systems both responsible for violations of standards over which they have limited, or no control, as well as making them liable for monetary penalties for failure to meet such requirements. Further, Congress must establish a program ofspecial grants and loans for special needs to help meet the costs for new or modified treatment facilities required for compliance with federal standards. Expanded training and technical assistance is also needed, as well as a limit on the development of new MCL standards for those substances which occur widely, and which cause adverse health effects. City officials acknowledge the responsibility for taking steps to reduce the level of lead in drinking water and to assure that such contamination is treated to reduce levels as low as technically possible. Establishing standards with each water supply distribution system and the monitoring of such levels is necessary, but FL-23. Transportation 2'he League supports redirection of national trans- portation priorities under the Intermodal Surface Transportation Efficiency Act (ISTEA), which underscores the importance of the Increased role for cities in planning and prioritizing transportation needs at the state level. The League urges Congress to examine difficulties encountered by cities in efforts to get state transporta- tion departments to include the views of local officials in determining the expenditure of ISTEA funds to meet local transportation needs. This is particularly impor- tant in rural and less populated areas of the state where 1993 City Policies and Priorities - 53.. cities are not represented through metropolitan plan- ning organizations (MPOs). 2ities are aware of the immediate need for states to implement effective methods for encouraging local level decisions regarding transportation issues. Cities also underscore the importance of the increased role of MPOs in assisting states with transportation planning and the use oflSTEA funding. The League strongly supports direct involvement of city officials in the development of the following key elements of the ISTEA program: Determination of levels of federal funding for all categories of federal highway programs 4R (inter- state repair, reconstmctton~ rehabilitation and - renovation); BBR (bridge replacement and repair); rural and urban/suburban; Mandatory pass-through of funds for urban/ suburban roads to cities or planning MPOs in areas with a population of more than 200,000; Removal of barriers to intermodal, interagency and public/private cooperation in the development of a prominent transit program; Flextie transfer of highway and transit funds to meet local needs and encourage innovative ap- proaches to emerging urban and subuffoan mobility problems; · Incentives to increase transit ridership; · Integration of transportation modes for freight linkages to railheads, ports, and markets; Increasing the importance of investments in rural and urban transportation programs that directly benefit the development of agriculture, tourism, and industry; · Separate authorization oftransit programs includ- ing designation of funds for discretionary uses; Increased emphasis on management of transporta- tion demand through the use of high occupancy vehicle lanes (HOVs), ridesharing, traffic signal timing, ramp metering, staggered work hours, and other traffic management techniques. The League also continues support for the draw down of the balance and accumulated interest in federal highway and airport trust funds and the return of those revenues to maintain highway, airport and transit systems. Restrictions in the federal budget process have thus far prevented congress from fully funding ISTEA highway and transit programs. Local officials are particularly concerned about the severely reduced spending levels for public transportation programs from appropriation levels authorized by ISTEA. Such circumstances are particularly worrisome because of the restrictions and potential reductions in funding for transit operating assistance. The League continues to support the following national transportation priorities as states implement ISTEA programs: · Improve commuter mobility, traffic congestion, air quality and energy conservation; Increase investment in technologies that offer solutions to the problems resulting from depen- dence on movement of vehicles, including research and development of transportation alternatives; · Allocate federal funds to principal arterials to relieve interstate highway congestion; Include metro and non-metro (primary) highway systems in the national highway classification system; Support regional decision-making for project selection under the federal urban-aid highway program; Increase reliance on movement of people by providing incentives to commuters to use highway transportation alternatives; · Maintain federal investment in transportation on a long-term basis. FL-24. Passenger Facility Charges and Airport Trust Fund Expenditures The League supports authoriratlon of local airports to impose passenger facility charges (PFCs) to fund 3q/, League of Minnesota Cities airport cap#al development projects. The League also insists that the federal government spend down batances in the airport and airway trust funds as the principat mechanism for financing airport devetop- ment and improvements. Legislation authorizing airport operators to levy PFCs on airline passenger tickets should be implemented only if federal financial support for other local airport programs is maintained and airline passengers are protected from exorbitant price increases for connect- ing flights to major airline routes at regional hub airports. Another essential condition for implementa- tion of the PFC is the spending down of the airport trust fund surplus over the next five years. Smaller airports and air travelers dependent on con- necting flights must also be assured of proportionate revenues and equity in the imposition of PFCs on such tickets. Congress must increase the rate of spending out of existing airport trust funds to meet pressing local capital needs and to increase grants to smaller airports. Airports should also be granted flexibility in the use of PFC revenues for: · Airport access road improvements; Noise reduction and measures designed to aid nearby residential neighborhoods seriously im- pacted by airport operations; and · Airport operational costs. The transfer of a portion of aviation trust fund entitle- ment revenues from large and medium hub airports which decide to levy PFCs to smaller non-hub airports is a critical means by which small cities can also benefit from PFCs paid by passengers using connecting flights. It is estimated that PFCs will generate more than $1 billion per year to be used for construction, improved safety, and better air traffic control. In 1990, FAA estimated annual airport capital improvement at needs at $10 billion. The current PFC charge will cost passengers a maximum of $3 per enplanement, with no more than two such levies per one way ticket, regard- less &the number of connections. While increasing competition among airlines, such provisions must also provide sufficient safeguards for consumers to strengthen regional passenger airservice. It is also essential to assure that airline passengers from smaller airports who rely on reasonable rates for connecting flights at hub airports are not required to pay disproportionately higher fares as a result of imposition of PFCs by major airport operators. Ticketing and travel schedules that require more than two connecting flights should not be subject to disproportionate rate increases as result of PFC charges. City officials support restoration of funding to the essential air service program for small municipal airports hurt by deregulation. Provisions that would prevent the U.S. Department of Transportation from reducing the number of cities in the program and authorize sufficient funds (at least $26.6 million for fiscal year 1991) from the federal aviation trust fund must be key components of federal policy and must be included in legislation to authorize PFCs at larger airports. FL-25. Refugee Assistance The League supports full funding of the refugee act of 1980 and urges Congress to improve coordination between federal government agencies in the formula- tion of refugee policy. The League also urges the National League of Cities and the federal government to study refugee settlement concerns and to take further action based on timely research. Resettlement is a national issue, and the League believes that more federal assistance is warranted. Funding levels for assistance programs to refugees need to be more representative of annual admission levels. Further congressional action should establish greater cohesion among the refugee admissions policy of the U.S. Department of State, the level of appropria- tions for assistance programs established by Congress, and the administration of the refugee assistance act by the office of refugee resettlement in the department of health and human services. Refugees who settle in the United States, particularly Southeast Asians, face a number of serious problems. The educational system is generally ill-equipped to 3717 1993 City Policies and Priorities ' '$5 ° help young refugees and their children. Along with the obvious cultural and linguistic harriers to achieving self-sufficiency, educational problems promote a cycle · fpoverty and welfare dependence among refugees. In addition, refugees experience social and psychological problems that are uniquely related to their past experi- ences and recent settlement in the United States. Their isolation fi.om other Americans and the lack of federal funding for specific education, social services, and job training for refugees compounds the problem. The continual arrival of new refugees, the significant numbers of settled refi~gees, and the cultural and linguistic barriers to serving these unique people, ali point to an ever-growing strain upon cities, counties, and states across the nation. The League recommends that the federal government study these concerto to assist in the formation ora more comprehensive program to achieve the goals of self-suffciency and cultural assimilation for refugees. Increased federal funding to special programs for refugees has been encouraging. Restoration of funding levels for AFDC, refugee cash assistance, state and county administrative costs and the refugee unaccompanied minor program continue to be impor- mt to cities coping with the strain of refugee settle- ment. However, municipalities do not have adequate resources to address refugee concerns. FL-26. Social Security Deductions for Election Judges The League urges Congress to provide a permanent btanket exemption from Social Security coverage for election judges. Uniform exclusion of all election workers from provi- sions of the new federal tax requirements that apply is necessary to eliminate this unnecessary requirement for employees whose average age nationally is 54 and among whom are a large number of retirees. It should also be noted that election judges earning less than $1 O0 per year are already exempt from these provisions. The League is encouraged by efforts underway to raise the income threshold for election judges which will tempt most of them from these new requirements. Congress should also consider exempting election judges from current Medicare payment requirements. This matter is urgent in view of many local elections scheduled each year. The impact ofthe Social Security tax on local election judges will make it especially difficult to recruit and retain citizens willing to take part in the important work of conducting election day activities at the polls. City officials are also dismayed at the increased administrative workload needed to comply with these requirements and the reactions of those serving as election judges who will now have additional deduc- tions made from the modest wages earned as polling place workers on election day. Senior citizens who serve as election judges have expressed anger and frustration over the recent tax changes and have indicated that they will refuse to serve in the future as a result of the imposition of these coverage requirements. FL-27. Government Accounting Reporting Requirements The League of Minnesota Cities urges the Govern- ment ~4ccounting Standards Board (G.4SB) to refine the G/ISB 10 statement to allow for the recognition of future revenues to offset the present value of rtsk liabilities and promises of future benefits for retirees. The League supports accurate reporting of city finances with full recognition of realistic revenue streams for future years to offset liabilities for obligations which require future payments. The GASB 10 requires cities to report the present value and available assets to finance the following types of liabilities for annual reports and operating statements: · Accident, health, dental, and other medical ben- efits; · Post-retirement benefits; · Torts; · Job-related illnesses or injury to employees; · Thel~ or damage to or destruction of assets; · Acts of God;and · Errors or omissions. League of Minnesota Cities GASB I0 reporting requirements, as proposed, would fundamentally alter the way in which governments account for insurance costs as well as self-insured claims and have budgetary and management implica- tions in addition to impact on accounting and financial reporting. If modifications in proposed financial accounting standards for full disclosure of long-term liabilities are not made in GASB 10, many cities will show substan- tial negative' fund balances. The proposed national accounting standards, which take effect June 15, 1994, will adversely affect units of state and local govern- ment as well as public employee systems, government utilities, hospitals, and colleges and universities. Failure to devise remedies to reduce liabilities that must be reported under OASB 10 will increase the likelihood of the reduction in city bond ratings due to the magnitude of unfunded long-term obligations. 3?/?' 1993 City Policies and Priorities 57 LAKE MINNETONKA CONSERVATION DISTRICT E^sT W^¥Z T^ BOU .EV^.D. SU,TE ,00. , ,N,ESOTA 5S39 · TE,EPHO. NOV 4 1992 BOARD MEMBERS David H. Cochran, Chair Greenwood Tom Penn, Vice Chair Tonka Bay Douglas E. Babcock, Secretary Spring Park Scoff Carlson, Treasurer Minnetrista Mike Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior 3oEIlen L. Hurr Orono William A. Johnstone Minnetonka Duane Markus Wayzata George C. Owen Victoria Robert Rascop Shorewood Tom Reese Mound Robert E. Slocum Woodland DATE: November 3, 1992 TO: LMCD Multiple Dock Licensees Subj: 1993 Dock License application We are pleased to enclose an application to renew your multiple dock license for 1993. A copy of your site plan is also enclosed. Please review it carefully. If you have plans to apply for any modification, please call this office prior to the December 1 deadline to schedule an appointment to discuss the change. If no change will be made, please complete tile "Renewal without Change" form and return it w~th fee to the LMCD office by December 1. your In response to an appeal from multiple dock owners, the LMCD Board has revised the 1993 application fee to $10 per Watercraft Storage Unit. The Board made a further provision to allow a 20% deposit of the full application fee, with a $100 minimum, to be paid with the application, on or before the December I due date. The balance of the application fee is due on or before March 31. ]993. Late fees will apply for payments made after the due dates as noted on the application form. Multiple dock license application fees and related costs will be reviewed through a joint committee of LMCD Board members and representatives of the multiple dock owners. The outcome of this review will serve to identify the means by which future license fees will be determined. Your continuing cooperation in helping to "Save the Lake" is greatly appreciated. Should you ne~d assistance completing the application, please call. Sincerely, LAK MINNETONKA CONSERVATION DISTRICT Administrative Technician encl: Renewal application, site plan ./ Lake Minnetonka Conservation District 900 E. Wayzata Blvd, #160, Wayzata MN 55391 473-7033 NOVEMBER Tuesday 10 Wednesday 11 Saturday 14 Friday 20 Monday 23 " 23 Tuesday 24 Thursday 26 Friday 27 DECEMBER Tuesday 1 Wednesday 2 Wednesday 9 Friday 18 Thursday 24 Friday 25 Thursday 31 L.M.C.D. MEETING SCHEDULE November and December 1992 RICO NOV 5 '199 Environment Committee 8:00 am, LMCD office, Wayzata Legal Holiday, office closed Water Structures Committee 7:30 am, #135 Norw~st Bank Building, Wayzata Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building, Wayzata Lake Use and Recreation Committee 4:30 pm, #135 Norwest Bank Building, Wayzata Lake Access Committee 6:00 pm, #135 Norwest Bank Building, Wayzata Technical Review Committee 8:00 am, #135 Norwest Bank Building, Wayzata Legal Holiday, office closed Office closed, staff vacation day Subcommittee on Facilities Licensed/Not Constructed 8:00 am, LMCD office, Wayzata 7:30 pm, LMCD Board of Directors Regular Meeting Tonka Bay City Hall Lake Access Task Force 7:00 pm, Minnetonka Community Room 14600 Minnetonka Blvd. Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building, Wayzata Office closed at noon Legal Holiday, office closed Office closed at noon 11-2-92 HO¥ 5 1992 Mmnegasce Notice Of Public Hearings For Minnegasco Rate Increase On July 2, 1992, Minnegnsco filed a request with the Minnesota Public Utilities Commission (MPUC) for a general rate incrca~e of $~4.8 million or 5.5 percent. Rate changes for different customer ch, m~ may be higher or lower than the overall increase of 5.5 percent based on the costs of serving tho~e e~ __~ses. The MPUC has until Ma~ 3, 1993 to issue its decision. Public hearings as scheduled b~ow wffi ~ve cu~omers an opporUufl~ to present the~ views. M~nesota I~w a~ows Mhmegasco to use an in~n~ or ~mpora~, ra~ wh~e the MPUC considers our reque~ The MPUC approved an ~ra ra~ ~crea~ of $11.8 ion or 2.63 percent wMch h~ been ~ effe~ ~nce Sep~er 1, 1992. Hthe fir~ r~e approved by the MPUC ~ lower ~ the B~ow are examples of the effe~ of the prope~ed ~cresse on ~pic~ bmr. indi~du~ changes may be ~gber or lower depen~ng on ~ na~r~ gas usage. The r~te changes R~e c~es Average month~ Proposed de~r~oed in ~ no.ce u~ge CCFs ehs. ges ~ve been requested by Mi..egasco. The MPUC Re~den~d 108 7.3% my either grant or den~ the reques~d change~ i~ Commerc~ and ~duz~ 561 4.0% w~ole or in par~ and m~ Sm~ vohune h~Tup~bM 5,878 6.1% gr~nt & lesser or grea~r h~crea~e thmn that Large volume firm 25,000 3.1% reques~d for any c~ss or Large volume ~up~ble 100,000 (5.3%) chu~e~ of sendce. Hyou want more ~orma~on about ~ ~crease, con.ct the ~dnneso~ Public U~es Comn~o~ Seventh ~oor, American Cen~r Bu~n~ 160 Ea~ Kellogg B~d. St Pa~, MN 55101. Public hea~ngs are sched~ed on M~neg~co's reque~ for a gener~ ra~ ~crea~e. Any M~negasco cus~mer may appear or make a s~tement ~t these hear~g~ You are ~d to address concerns ~h es ~e adequacy and qua~ of M~neg~co's set.ce, the lev~ of ~ or other re~d nm~ers. yon do n~ need to be n~pm~emed by an a~omey. The hea~n~ w~ be: Tuesday Minneapolis Wednesday MankaW November 1O, 1992 Hennepin County November 18, 1992 City Hall Council 1:30 p.m. Government Center 7:00 p.m. Chamber ~rium 202 East Jackson 300 South Sixth Street Thurad~ Wilimar Tuesday Bloomington November 19, 1902 W'fllmar Senior November 10, 1992 Thomas Jefferson 7.~0 p.m. High $choc~ 7:00 p.m. Senior High School Cole~,a- Lo~,'er Auditorium Le~e/ Southwest Individuals unable to attend the public hearings but wishing to submit relevant comments may do so b~ forwarding such stateme~ in writing to Judge Ric. l~ C. ~ Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, ~ 5f~101-2138. Evidentis.,y heatings for presenta~l,-S of fomud direct testimony, rebuttal and sur-reb uttal testimony, and c~e~'afoln~io~ of that testimony, ~re scheduled for Monday, November 30, 1992 at 9 a.m., and thereafter as needed, in the commission's large hearing rcom in St Paul- Information about the public and evtdentiary hearings m~ be obtained from Administrate Law Judge Richard C. ~ The propo6ed tale schedules and a comparison of present and proposed raIes may be examined by the public during normal business hours a~ the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul, and a~ Minnegasco office~ localed a~ 201 South Seventh Street 221 North State Street Minneapolis Waseca 7058 York Avenue South 5717 Xerxes Avenue North Edina Brooklyn Centex 212 Ftfth S~'eet South 422 Broadway 2400 North Riverfront 1604 South First Street or 1650 Mankato Mall Wilimar 107 East Main Luveme 315 South Minnesota Avenue St Peter