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1998-01-13AGENDA MOUND CITY COUNCIL TUESDAY, JANUARY 13, 1998, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. PAGE o APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. 3. *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE DECEMBER 16, 1997, REGULAR MEETING ..................................... 4-10 *B. RESOLUTION 98- RESOLUTION APPOINTING ACTING CITY MANAGER FOR 1998 ............................ 11 *C. RESOLUTION 98- RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR 1998 ........................... 12-14 *D. .RF_SOLUTION 98 - RESOLUTION APPROVING THE PURCHASE OF AT LEAST $20,000 BOND FOR THE CITY CLERK ................... 15 *E. RESOLUTION 98- RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR ............................. 16 *F. RESOLUTION 98 - RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1998 ............................ 17 *G. RESOLUTION 98 - RESOLUTION APPOINTING THE ACTING MAYOR FOR 1998 .................................. 18 *H. RESOLUTION 98 - RESOLUTION APPOINTING COUNCILMEMBERS TO VARIOUS COMMISSIONS ................................ 19 *I. PUBLIC LAND PERMITS - BATCH #11 ........................ 20-29 *j. RESOLUTION 98 - RESOLUTION REAPPOINTING PERSONS TO THE PLANNING COMMISSION, PARK AND OPEN SPACE COMMISSION, AND THE DOCK & COMMONS ADVISORY COMMISSION ............. 30 *K. APPROVAL OF AN ORDINANCE AMENDING SECTION 437:10, SUBD. 12 OF THE CITY CODE RELATING TO DOCKING OF NON-OWNED WATERCRAFT BY ADDING A SENTENCE AT THE BEGINNING OF SUBD. 12 ................... 31-32 *L. RESOLUTION 98 - RESOLUTION ENDORSING CANDIDATES FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT .................................. 33-37 *M. RESOLUTION 98 - RESOLUTION DESIGNATING I-IENNEPIN COUNTY TO SERVE AS LOCAL BOARD OF REVIEW ...... 38-39 *N. PAYMENT OF BILLS .................................... 40-59 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. RESOLUTION 98 - RESOLUTION DENYING A CONDITIONAL USE PERMIT (SHIRLEY HILLS PRIMARY SCHOOL ADDYFION), WESTONKA PUBLIC SCHOOLS ................................. 60-62 5. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for December 1997 ................ 63-77 Notice from the National League of Cities (NLC) Re: Annual Congressional Conference, Washington, D.C., March 6 -10, 1998. If interested in attending, please let Fran know ASAP ................. 78-82 Letter from Senator Rod Grams summarizing the 105· Congressional Year ................................... 83-86 Letter from Raymond Jorgenson, resident of Plymouth, RE: Luce Line Trail ........... 87-89 Ee Letter from Tom Bordwell, Government Relations Manager, Triax Midwest Associates, L.P., re: plans for 1998 .................. 90-91 Letter from Paul Pecora, Regional Manager, Triax Cablevision, RE: rate increase for Premium Services and Home Wire Line ........... 92-93 Memorandum from Jim Strommen, Kennedy and Graven and legal counsel for the Suburban Rate Authority (SRA), re: upcoming annual meeting of SRA. Councilmember Mark Hanus is the City of Mound's delegate to the SRA. Ed Shukle, City Manager, is the alternate delegate .................. 94-108 Je Ke Le NSP IS BEGINNING A PROGRAM OF AUTOMATED METER READING IN THE TWIN CITIES METROPOLITAN AREA. THEY WILL BE CHANGING OUT METERS AND INSTALLING NEW METERS ON RESIDENTIAL PROPERTIES. THEY WILL ALSO BE INSTALLING EQUIPMENT ON UTILITY POLES THAT XVILL ELECTRONICALLY READ THE NEWLY INSTALLED METERS INSTALLED ON HOMES. THE WORK WILL BEGIN IN THE NEAR FUTURE IN THE CITY OF MOUND. POSTCARDS WILL BE SENT FROM NSP TO RESIDENTS INFORMING THEM OF THE PROGRAM AND NEWS RELEASES WILL BE PUT IN THE LAKER AND IN THE CITY NEWSLETFER IF THE TIMING IS CORRECT. THERE IS NO COST TO THE HOMEOWNER FOR THE NEW METER. THE PROGRAM WILL ENABLE NSP TO GET ACCURATE READINGS AND WILL BE MORE EFFICIENT AND COST EFFECTIVE. DOES THIS REMIND YOU OF OUR WATER METER READING PROGRAM WHERE WE INSTALLED A "TOUCH READ SYSTEM?" SEEMS TO BE THE WAY THAT UTILITIES ARE OPERATING IN ORDER TO BE COST EFFECTIVE, COMPETITIVE, ETC. ATFACHED IS A BROCHURE FROM NSP DETAILING THE PROGRAM ..................................... 109-111 1998 City Policies as adopted by the League of Minnesota Cities at the annual policy adoption conference held in November 1997 ......... 112-152 COMMIT'FEE OF THE WHOLE MEETING, TUESDAY, JANUARY 20, 1998, 7:30 P.M., CITY HALL. REMINDER: CITY OFFICES WILL BE CLOSED ON MONDAY, JANUARY 19, 1998 IN OBSERVANCE OF DR. MARTIN LUTHER KING DAY. BRUCE NORDQUIST, CITY OF RICHFIELD, WILL BE PRESENTING INFORMATION ON A SCATYERED SITE ACQUISITION PROGRAM IN EFFECT IN THE CITY OF RICHFIELD AT THE PLANNING COMMISSION MEETING ON MONDAY, JANUARY 26, 1998, 7:30 P.M., CITY HALL. PLEASE MARK YOUR CALENDARS AS YOU ARE INVITED TO ATTEND. 3 M/NUTES - MOUND CITY COUNCIL - DECEMBER 16, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 16, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said city. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, Building Official Ion Sutherland, and City Clerk Fran Clark and the following interested citizens: Carol Hammer, Jeff Bishop and Mark Goldberg. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Councilmembers Hanus and Weycker asked that Case//97-56 be removed from the Consent Agenda. Councilmembers Ahrens and Hanus asked that the resolution approving the 1998 Budget and Final Levy for 1998 be removed from the Consent Agenda. *CONSENT AGENDA MOTION made by Hanus and seconded by Weycker to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE DECEMBER 9, 1997 REGULAR MEETING. MOTION Hanus, Weycker, unanimously. *1.1 APPROVE THE MINUTES OF THE DECEMBER 11, 1997, TRUTH IN TAXATION PUBLIC HEARING. (Was handed out at the meeting). MOTION Hanus, Weycker, unanimously. *1.2 Mound City Council Minutes - December 16, 1997 CASE 97-55~ VARIANCE RF~T: FRONT YARD AND REAR YARD SETBACKS TO CONSTRUCT A CONFORMING ADDITION CAROL A. KRASNOW-HAMMER, 5972 HII.I.CRF.$T ROAD, MOUND SHORES, PID 14-117-24 42 0070 RESOLUTION//97-125 RESOLUTION TO APPROVE A REAR YARD SETBACK VARIANCE TO CONSTRUCT AN CONFORMING ADDITION AT 5972 HILLCREST ROAD, LOT P/30, MOUND SHORES, PID//14-117-24 42 0070, P & Z CASE//97-55 Hanus, Weycker, unanimously. '1.3 APPROVAL OF ORDINANCE #93-1997 - AME~ING SECTIONS 510, 520 AND 540 OF THE CITY CODE RELATED TO FEK~; ORDINANCE #93-1997 AN ORDINANCE AMF~NDING SECTIONS 510, 520 AND 540 OF THE CITY CODE RELATED TO FEES Hanus, Weycker, unanimously. *1.4 APPROVAL OF RESOLUTION 9% REgOLUTION SUPPORTING MINNFSOT.a DEPARTMENT OF HEALTH STUDY OF MOBILE HOME PARKS RESOLUTION NO. 9%126 RESOLUTION SUPPORTING MINNESOTA DEPARTMENT OF HEALTH STUDY OF MOBILE HOME PARKS Hanus, Weycker, unanimously. '1.5 APPROVAL OF RESOLUTION 9% RESOLUTION TO SET PRICES FOR CEMETERY LOTS IN THE MOUND UNION CEMETERY AS PROPOSED STARTING JANUARY 1, 1998 RESOLUTION g97-127 RESOLUTION TO SET PRICES FOR CEMETERY LOTS IN THE MOUND UNION CEMETERY AS PROPOSED STARTING JANUARY 1, 1998 Hanus, Weycker, unanimously. '1.6 APPROVAL OF RE~OL~ON 9% RF~.qOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A 3 YEAR CONTRACT WITH E-Z RECYCLING FOR WEEKLY CURBSIDE RECYCLING IN THE CITY OF MOUND FOR THE YEARS 1998 Mound City Council Minutes - December 16, 1997 RESOLUTION NO. 97-128 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A 3 YEAR CONTRACT WITH E-Z RECYCLING FOR WEEKLY CURBSIDE RECYCLING IN THE CITY OF MOUND FOR THE YEARS 1998, 1999, AND 2000 Hanus, Weycker, unanimously. '1.7 PAYMENT OF BILLS MOTION Hanus, Weycker, unanimously. 1.8 APPROVAL OF RESOLUTION 97-RESOLUTION APPROVING THE 1998 BUDGET AND FINAL LEVY FOR 1998. Councilmember Ahrens asked why we need to increase the General Fund balance in excess of 35%? The City Manager explained that in his memo of November 13, 1997, where he transmitted the changes that the Council made at the Committee of the Whole Meeting on October 20th, the fund balance would be decreased from 40% to 37%. This would be a tax levy increase of 1.91%. He also stated that the 1997 tax levy was zero from 1996. Since that time, the State has instituted levy limits which allow Cities a maximum amount to levy each year. We have not suggested going to the maximum levy limits which would be about 11.4%. We felt that because we were at zero in 1997 and to keep up with inflation and to cover our expenses in terms of trying to deliver services, that a 5.5% increase was appropriate. He also stressed that we have adequate reserves now, but over a period of time, they have to be used for cash flow because the tax settlements that the County provides to us do not happen until mid to late year. Thus, much of the fund balance is used to cover expenses for a good portion of the year. Another issue is that the Capital Improvement Fund which had previously taken care of capital outlay has been proposed to be shifted to the General Fund in 1998. This will cause a larger demand on the General Fund than in years past. There is also the issue of the estimated $200,000 in operating funds for the renovated Community Center. We will be looking at a tax increase to cover some of those costs because you cannot rely on the fund balance or the Capital Improvement Fund, or any other fund, on a regular basis. Once the Community Center is renovated, the operating expenses will be a long term commitment. When you combine all the above, it gave us reason to propose a 5.5% increase. At the Truth in Taxation hearing the Council talked about reducing the 5.5% to 3.5% which is better than reducing it to 2% or 1.91%. The Manager expressed concern that the Council could cut themselves short and need to be thinking long- term. He felt it is prudent and wise to be looking ahead beyond 1998. He encouraged the Council to increase the tax levy gradually. In reality, in 1997 Mound fell behind because we did not keep up with inflation when we were at 0%. The Mayor stated that because of the downtown redevelopment, the community center, and the pending stormwater management plan and stormwater utility that we will have to implement because of a mandate, he is suggesting a 3.5% increase in the tax levy. He felt this was prudent. Councilmember Hanus disagreed with Mound falling behind, because the taxes were flat but the expenditures went up approximately 6% and at the same time, the fund balance increased. The City Manager explained that when the budget is put together you base it on what you think is going Mound City Council Minutes - December 16, 1997 to happen and sometimes you underestimate and sometimes your overestimate your budget. Fortunately, Mound has been able to keep that in line, but catastrophe could happen at any time. We cannot bank on the League of Minnesota Cities Insurance Trust paying us a dividend of $27,000 each year. The City Manager also stated that Fund 30 will continue to decrease because a lot of money will be spent on the downtown project. He stressed looking at the long-term not just 1998. Councilmember Hanus stated he could not support a 3.5% increase. The Council discussed their options. One of which was to decrease the proposed levy by $18,600 which would be a 1.91% increase versus the 3.5% proposed. Polston moved and Hanus seconded the following resolution decreasing the proposed levy by $18,600: RESOLUTION//97-129 RESOLUTION APPROVING THE FINAL 1998 GENERAL FUND BUDGET IN THE AMOUNT OF $2,776,950; SETTING THE LEVY AT $1,879,410; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HAC A) OF $492,040, RESULTING IN A FINAL CERTIFIED LEVY OF $1,387,370 APPROVING THE OVERALL BUDGET FOR 1998 Councilmembers Jensen and Weycker did not agree with reducing the proposed levy. The vote was 3 in favor with Jensen and Weycker voting nay. Motion carried. 1.9 CASE 97-56: VARIANCE REQUEST: SIDE YARD SETBACKS TO CONSTRUCT A NON- CONFORMING ADDITION, JEFF BISHOP. 1549 & 1551 BLUEBIRD LANE, LOTS 6 & 31, BLOCK 6, WOODLAND POINT, PID 12-11%24 43 0038 & 12-11%24 43 0052 Councilmember Weycker stated her concern is that the Commons line is not delineated on the survey. The City Attorney suggested that a condition could be added as follows: Prior to the issuance of a Building Permit, the applicant will provide the Building Official with sufficient information to determine that the proposed structure does not encroach upon the Commons. The problem with the survey is that you cannot tell where the break line is between the Commons and Lot 6. Councilmember Hanus stated that most of the items he wanted are incorporated into the proposed resolution, handed out this evening. He suggested the following changes in the proposed resolution: The third Whereas in the proposed resolution read as follows: "WHEREAS, the combination of the two lots would eliminate the lot of record status with the new sideyard setback requirement being 10 feet on both sides; and". Add: "WHEREAS, the requested setbacks on both sides are 6 feet requiring a 4 foot variance on each side". Under the Now, Therefore Be It Resolved 1.a. add: "The homeowner is to remove the existing home at 1551 Bluebird Lane within 6 months of issuance of the Certificate of Mound City Council Minutes - December 16, 1997 Occupancy." Item 1.b. to read as follows: "Combination of the two lots prior to issuance of the Building Permit." Item 1.e. be deleted because a drainage plan is required in Item 1.c. The applicant did not have a problem with the changes or additions. Polston move and Ahrens seconded the following resolution with changes as noted tonight: RESOLUTION #97-130 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCES TO CONSTRUCT A NEW HOME AT 1549 & 1551 BLUEBIRD LANE, LOTS 6 & 31, BLOCK 6, WOODLAND POINT, PID 12-11%24 43 0038 & 12-11%24 43 0052, P & Z CASE//97-56 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.10. PRESENTATION BY MARK GOLDBERG, CHAIR, DOCK AND COMMONS ADVISORY COMMISSION RE: PROPOSED ENCROACHMENT POLICY Mark Goldberg, Chair of the Dock and Commons Advisory Commission, presented the revised Encroachment Policy. He stated this was approved unanimously by the DCAC. It has been reviewed by the Park Director, Building Official and the City Attorney. Mr. Goldberg stated that the encwaching structures they are referring to are nonconforming structures. They don't conform to current use plans. They were built prior to the ordinances disallowing them. The DCAC is not recommending that new structures be allowed. The most recent summary of encroaching structures (January 1995) indicates that there are approximately 10 buildings, 13 decks, 10 platforms, 8 fences and a small number (less than 10) miscellaneous structures such as bird houses and flagpoles, which would be subject to the policy recommendations. Mr. Goldberg then reviewed the recommended Encroachment Policy A-E. They recommended changing the Flow Chart as presented on Page 2165. The Council discussed how they can make sure people buying a property are aware of an encroaching structure on Commons. The City Attorney suggested that when we review Policy F, which are ways to make the owners responsible for the encroachments, there maybe a way of recording some kind of an instrument against the principal parcel indicating that there is an encroachment from that parcel onto the Commons which is subject to the City's regulations. The Council discussed tying the dock license to the encroachment permit. Mr. Goldberg stated that the DCAC did not vote on tying these together. This came out of discussions with John Dean, Jon Sutherland, and Jim Fackler. They felt there was no teeth without tying the two together. Mr. Goldberg stated he did call the other members of the DCAC and they .did not have a problem with it. Mound City Council Minutes - December 16, 1997 The Council would like to have a separate account in the Dock Fund for these permit fees. Councilmember Jensen stated she is not in favor pro-actively removing structures, but she does not agree with the statement under Policy B which says: "The City should not deny approval to maintain a structure on commons which would otherwise be approved for nonconforming structures that are not on commons." Jensen also commented on Policy C,2.b. & c. where it talks about the fair market value of the structure before repair. She was not sure how to reach the value of something before repairs versus what the value will be after repairs. The City may find it difficult to remove things if we are using numbers before repair. A bigger issue for her is allowing repairs of structures on commons that ultimately we would like to see removed. Councilmember Hanus stated that he thinks the DCAC is trying to draw a line so nothing structural should be done, but normal maintenance such a painting, roofing (as long as it doesn't include roof boards). Councilmember Jensen stated that what would be allowed on private land should be looked at differently than what is allowed on public land. The Council discussed the $15 fee for any permits large or small. The Council asked if any new things, ie. fire rings, birdhouses, etc. would be allowed. Mr. Goldberg stated new things are not in this recommendation. This recommendation only deals with existing structures that would no longer be considered to be permitted to be built. Mr. Goldberg stated that the DCAC is also recommending as a separate topic, we should consider changing permit fees to conforming encroaching structures. This will come up somewhere down the line. The Council does not want to encourage putting things on the Commons. Mr. Goldberg stated that the Building Official had some concerns about "Guidelines for Writing Staff Reports for Public Lands Permits as follow: 1. Under 2 b.& c. on the first page - if the DCAC were to delete that the person's dock license would be withheld for noncompliance, he would have no leverage. The City Attorney stated that the Building Official also expressed the same concern about items 3.d. and 7. The City Attorney stated that the Building Official felt he should have some say in the manner of the performance of the minor maintenance rather than simply let the owner of the property do it themselves. There were also legal issues about safety. In their discussion, the Building Official's suggestion was item 3.d. and item 7 not be changed at this point, but be subjects of subsequent discussion. The Commission did not spend a lot of time on this so Mr. Goldberg and the Mayor felt the DCAC would not have a problem with leaving those items as they are and addressing them at a later date. Mr. Goldberg stated they are trying to be less heavy handed. MOTION made by Ahrens, seconded by Weycker to accept and approve the encroachment policy as recommended by the DCAC and directing the City Attorney to prepare it in ordinance form. The vote was 4 in favor with Jensen voting nay. Motion carried. Mound City Council Minutes - December 16, 1997 INFORMATION/1MISCFJLLANF3~US: A. Planning Commission Minutes of December 8, 1997. B. Economic Development Commission Minutes of November 20, 1997. MOTION made by Ahrens, seconded by Weycker to adjourn at 9:40 P.M. unardmously in favor. Motion carried. The vote was Edward ~I. Shukle, Jr., City Manager Attest: City Clerk 7 January 13, 1998 RESOLUTION NO. 98- RESOLUTION APPOINTING GINO BUSINARO, FINANCE DIRECTOR, ACTING CITY MANAGER FOR 1998 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby appoint Gino Businaro, Finance Director, as the Acting City Manager for the year 1998, if the City Manager is disabled, incapacitated, away on city business or away on vacation. If both the City Manager and the Acting City Manager are disabled, incapacitated, away on city business or away on vacation then Len Harrell, Police Chief, is hereby appointed as Acting City Manager. The foregoing resolution was moved by Councilmember by Councilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Councilmember was absent and excused. Mayor Attest: City Clerk January 13, 1998 RESOLUTION NO. 98- RF~OLUTION DESIGNATING THE LAKER THE OFFICIAL NEWSPAPER FOR 1998 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate The Laker the official newspaper for the City of Mound for 1998. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: none Mayor Attest: City Clerk The Laker 2365 Commerce Blvd., Mound, MN 55364 472-1140 The Pioneer December 22, 1997 To: Mound City Council Re: Appointment of Official Newspaper Dear Councilmembers: As you make your appointments for 1998, we ask that you consider re-appointing The Laker as your city's official newspaper. The Laker is published each Saturday. The deadline for legal notices is 4:30 p.m. the preceding Tuesday. Our rate for publication of legal notices is $7.19 per column inch for the initial insertion, and $5.14 per column inch for each additional insertion. The column width is 2 inches (12 picas). We have enjoyed working with you in the past and we look forward to continuing to do so. Thank you for your consideration. Si~,¢erely, Bill Holm Associate Publisher The Laker L kesh°re NeWS 8 ! 78 Minnetonka Boulevard Wayzata, Minnesota 55391 612-473-0890 Fax: 612-473-0895 December 8, 1997 City Council City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear City Council Members: Thank you for the opportunity to bid 1998 legal notices for the City of Mound. Legal rates for 1998: $1.25 per line, first insertion .70 per line on ads that require more than one insertion We will automatically deduct 10% from your lineage cost if you mail us a computer disk of the "legal" notices you wish to have published. (Almost any format, your disk will be returned.) Invoices can be sent weekly, or as some communities choose, on a monthly basis. Two notarized affidavits of each notice of publication will accompany your statement. Lakeshore Weekly News will publish your legal notices on Thursday the same week as executed by the City Council if we receive your notice by Tuesday at 5 P.M. (up to three pages). I appreciate your thoughtful consideration of our bid. Publisher January 13, 1998 RESOLUTION NO. 98- RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of at least a $20,000 bond for the City Clerk, Francene C. Clark-Leisinger. January 13, 1998 RESOL~ON NO. 98- RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of at least a $20,000 bond for the City Treasurer/Finance Director, Gino Businaro. January 13, 1998 RF-~OLUTION NO. 98- RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1998 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate the following banks and financial institutions as official depositories for the City of Mound in 1998: Marquette Bank (Bank Services) First Banks Firstar Norwest Banks Dain Bosworth, Inc. Smith Barney Minnesota Municipal Money Market Funds Crow River Bank BE IT FURTHER RESOLVED, that the City's deposits shall be protected by Federal Deposit Insurance and/or collateral in accordance with MSA Chapter 118. BE IT FURTHER RESOLVED, that the City Treasurer is hereby authorized to open or continue an account or accounts with said institutions on such terms as required by said institutions in the names of the City, and to deposit, or cause to be deposited in such account or accounts, any monies, checks, drafts, orders, notes or other instruments for the payment of money, upon compliance by said depository with this resolution and the law in such case provided. BE IT FURTHER RESOLVED, that the designation shall continue in force until December 31, 1998 or until written notice of its revision or modification has been received by said institution. January 13, 1998 RESOLUTION g98- RESOLUTION APPOINTING ACTING MAYOR FOR 1998 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby appoint Acting Mayor for the year 1998. The foregoing resolution was moved by Councilmember by Cncilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk January 13, 1998 RESOLUTION NO. 98- RESOLUTION APPOINTING TO THE PARK COMMISSION (POSC); TO THE PLANNING COMM[qSION; TO THE ECONOMIC DEVELOPMENT COMMISSION (EDC); AND TO THE DOCK & COMMONS ADVISORY COMMISSION (DCAC) AS COUNCIL REPRESENTATIVES FOR 1998 BE IT RESOL~, that the City Council of the City of Mound, Minnesota, does hereby appoint the following Councilmembers as Council Representatives to the following City Commissions for 1998. to the Park Commission to the Planning Commission to the Economic Development Commission to the Dock & Commons Advisory Commission The foregoing resolution was moved by Councilmember by Councilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk RESOLUTION # 98- RESOLUTION TO ,APPROVE ~PEGIIRL PERMIT5 FOR PRIVATE STRUCTURES ON PUBLIC LANDS KNOWN AS BRIGHTON BLVD AND BRIGHTON COMMON "BATCH 11" DOCK SITES 50490, 50670, 50700, 50820, 51135, 51195, 51375, 51435 51495, 51675, 51735, AND 51795 WHEREAS, the City of Mound is in the process of updating the permits for structures located on public lands, and; WHEREAS, City Code Section 320 requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons, and; WHEREAS, The Dock & Commons Advisory Committee (DCAC) reviewed these cases at their December 18, 1997 meeting and has recommended approval of the staff recommendation with certain ammendments as follows, 1. Dock sites 50970, 51030, 51105, 51315, and 51555 where removed for futher discussion. 2. The DCAC has modified staff's recommendation for dock site 50670 by suggesting that the portable swing not be listed as an encroachment. 3. The DCAC has modified staffs recommendation for dock site # 51375 by removing the condition to hold the dock permit until the stairway transition at the bottom is improved. WHEREAS, "Batch 11" as amended by the Dock Commission on 12-18-97 details the private encroachments located adjacent to these Dock Sites. The encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual, and; WHEREAS, the City Council has directed the Commons Task Force to look at the process for dealing with structures on the commons (i.e. buildings, flagpoles, decks, etc.), and City staff is withholding all action on these type of structures until the Council reviews the recommendation of the task force and gives staff further direction, and; WHEREAS, the Park and Open Space Commission has reviewed this Batch #11 and has recommend approval, with the conditions of approval as listed, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve Public Land Permits for Batch #11, subject to the conditions listed. All conditions of approval must be completed within one (1) year of approval by the City Council or the dock license will be withheld until completion. These permits will expire five (5) years from the date of issuance and must be renewed with change in dock license holder. Batch #1 1 Public Land Permits Dock & Commons Commission 12/18/97 City Council 1/13/98 DOCK I ABUTTING ADDRESS I ENCROACHMENT CONDITIONS OF APPROVAL I I SITE BRIGHTON BLVD. CLASS D 50490 3025 BRIGHTON -BIRD HOUSE NONE BLVD GARY BLIX CONTACTED - YES 50670 3005 BRIGHTON - LILAC BUSHES NONE BLVD BRUCE MCCOMB CONTACTED - YES 50700 3001 BRIGHTON - SPLIT RAIL NONE BLVD FENCE ROBERT ANDERSON - BUSHES CONTACTED - YES BRIGHTON COMMON - CLASS C 50820 2971 CAMBRIDGE - BIRD HOUSE NONE WILLIAM ENGHAUSER CONTACTED - YES 51135 2921 CAMBRIDGE LN - STAIRWAY NONE DAVID CLAIRE - RETAINING WALLS CONTACTED - YES - WISHING WELL 51195 2911 CAMBRIDGE LN - STAIRWAY ARTHUR BERGER - DECK CONTACTED - YES - BIRDHOUSE - WINDVANE - LV ELEC. LIGHTS VERIFY STATE ELEC. INSPECTION 51375 2893 CAMBRIDGE LN - STAIRWAY STAIRWAY NEEDS A BETTER TRANSITION AT THE BOTTOM TOM/HEATHER PORTER - DOCK STORAGE (NOTE ADJACENT STAIR IS A GOOD EXAMPLE) CORRECT CONTACTED - YES PLATFORM TRANSITION 51435 2885 CAMBRIDGE LN - STAIRWAY NONE SAMANTHA BALL - RETAINING WALL CONTACTED - YES 51495 2873 CAMBRIDGE LN - STAIRWAY NONE ROBERT KIMBALL CONTACTED - YES 51675 2855 CAMBRIDGE LN - STAIRWAY NONE VIOLET SOLLIE CONTACTED - YES 51735 2851 CAMBRIDGE LN - STAIRWAY NONE MARILYN BYRNES - RETAINING WALL CONTACTED - YES 51795 2845 CAMBRIDGE LN - ELECTRIC COMPLETE STATE ELEC. INSPECTION AND ANY REQ'D. * MARIA AMPLATZ - STAIRWAY CORRECTIONS, VERIFY COMPLETION WITH BLDG. OFFICIAL CONTACTED - YES - FENCE All electrical work on public property is required by State law to be installed by a qualified licensed electrical contractor and inspected and approved by the State Electrical Inspector. The City Council must first approve of the proposed installation. A scaled site plan must be submitted showing in detail the location of all electrical services on the public land. All power supply to the abutting property must be properly disconnected until such work is approved by the City Council. The applicant must verify disconnection with staff. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: DOCK AND COMMONS ADVISORY COMMISSION MINUTES December 18, 1997 PUBLIC LANDS PERMIT Goldberg noted Sutherland was unable to attend this evening. He stated he would like to look at the non-controversial dock sites and those of the residents in attendance. 3.3 Cambridge Lane (dock site 51375) was discussed. Goldberg noted the stairway needs a better transition at the bottom. Mr. Porter asked how far the City can go to enforce areas of concern. Fackler stated that encroachment repairs are the responsibility of the homeowner. Goldberg explained when approval is needed by the City. Mr. Porter asked if there wasn't a stairway, if one would have to be created. Fackler stated a stairway is basically access to a dock site. Mr. Porter was concerned about being able to afford what the City would ask to be done. McCaffry suggested the resident meet with the Building Official to address current and future concerns. Mr. Porter noted it could be repaired by spring. Ahrens stated he had a problem with holding the dock permit until the work has been completed and suggested the recommendation be stricken. Commissioners concurred dock site 51375 should be pulled from the list. Goldberg stated the non-conforming dock structure platform should fall under the recently passed policy, and the Porters should be given a five year permit. Dock site 51735 was discussed. Marilyn Byrnes noted the fence belongs to the neighbor and is not hers. She also noted the area is identified as Brighton Commons and has always been known as Wychwood Commons. Fackler noted the dedicated plat is Wychwood, and the dedicated shoreline is Brighton Commons. Ahrens noted there is a designation in the use plan which identifies Wychwood Commons and Brighton Commons. Goldberg stated it can be straightened out. Byrnes discussed her concerns about fees for encroachments. Ahrens understood the fee was initiated to separate the encroachments from the docks. Monies collected would be used to remove encroachments if needed. Byrnes was not in favor of the new fees. Goldberg noted the encroachment fees are for non- conforming structures. Fackler noted the 1908 plat of Wychwood identifies the commons as Brighton Commons. It was noted the fence would be moved to the correct resident and the Building Official notified. Dock site 50970 was discussed (Terwilliger). Terwilliger noted the stairway itself has been approved. The handrail was cut off on the walkway and should be identified on the report. The retaining wall is old and has been grandfathered in. She stated she needs to talk to the Building Official. She was instructed to call the Building Official. Dock site 50670 was discussed (McComb). McComb discussed the purpose of the commons area. He stated he is in favor of the encroachment fees. He stated he would like to be reimbursed for all the work he has done to maintain the commons area. Ahrens again clarified what will be charged the encroachment fee. Commissioners discussed the purpose of the fee. Ahrens suggested the encroachment fee be discussed in detail at a future meeting. Dock site 51315 (Burg) was discussed. Burg was concerned about what is encroaching. She believed the deck on her house was identified as an encroachment. Fackler believed a platform section by the shoreline is the actual encroachment. Burr was also concerned about the issue with the handrail not be grippable. Fackler discussed the permitting process and noted that the Building Official will contact her to clarify. Dock site 51105 was discussed. Ahrens suggested it be carried over to another meeting to allow the resident an opportunity to discuss. Dock lighting was discussed. Dock site 51030 was also pulled. Ahrens suggested moving on the dock sites that have no issues. Commissioners reviewed the list to identify those which can be moved on and those which should be heldover for further discussion. Motion by Tulberg, seconded by Funk to recommend approval of the public lands permits as identified to move on to the City Council. Motion carried unanimously. Fackler noted they would be heard at the City Council on January 13, 1998. DATE: TO: STAFF REPORT DECEMBER 5, 1997 DOCK & COMMONS COMMISSION and Gary Blix 3025 Bruce McComb Robert Anderson William Enghauser 2971 Wayne Terwilliger 2945 Bev Christensen 2933 Mark Stehlik 2927 David Claire 2921 Arthur Berger 2911 Deborah Berg 2901 Tom/Heather Porter 2893 Samantha Ball 2885 Robert Kimball 2873 Dwight Gardstrom 2867 Violet Sollie Marilyn Byrnes Maria Amplatz Brighton Blvd. 50490 3005 Brighton Blvd. 50640 3001 Brighton Blvd, 50700 Cambridge Lane 50820 Cambridge Lane 50970 Cambridge Lane 51030 Cambridge Lane 51105 Cambridge Lane 51135 Cambridge Lane 51195 Cambridge Lane 51315 Cambridge Lane 51375 Cambridge Lane 51435 Cambridge Lane 51495 Cambridge Lane 51555 2855 Cambridge Lane 51675 2851 Cambridge Lane 51735 2845 Cambridge Lane 51795 FROM: Jon Sutherland, Building Official SUBJECT: Update of Public Land Permits, "Batch #11" Dock Sites #50490- #51795 Dock & Commons Commission Meeting December 18, 1997 City staff is in the process of updating permits for encroachments on public lands as directed by the City Council. Special permits are required for private encroachments located on public lands as specified in City Code Section 320. Batch 11 page 2 Please find attached "Batch #11", this is a listing of dock sites that have private encroachments such as stairways, ~ights, or some other type of encroachment, located on public lands. These encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual as approved by the City Council. Batch #11 will be reviewed by the Dock and Commons Commission on December 18, 1997, and the City Council will take final action on these permits at their meeting on January 13, 1998. Recommendation: Staff recommends approval of a 5 year permit for Batch #11, subject to the conditions as noted on the attached listing. All conditions of approval must be completed within one (1) year of approval by City Council or the dock license will be withheld until completion. Permits must be renewed with change in dock license holder. Enclosures Note' Files and photos are available at city hall and will be on hand at the meeting. Please refer to the flowchart and use plan and contact Jon Sutherland, Building Official or Jim Fackler, Parks Director if you have any questions. Abutting property owners / dock site holders have been notified by mail and/or also by phone or in person. To be heard by the Dock and Commons Commission on December 18,1997. To be heard by the City Council on January 13, 1998. Batch #1 1 Public Land Permits Dock & Commons Commission 12/18/97 City Council 1/13/98 DOCK ABUTTING ADDRESS S TE ENCROACHMENT CONDITIONS OF APPROVAL BRIGHTON BLVD. CLASS D 50490 50670 50700 3025 BRIGHTON BLVD GARY BLIX CONTACTED - YES 3005 BRIGHTON BLVD BRUCE MCCOMB CONTACTED-YES 3001 BRIGHTON BLVD ROBERT ANDERSON - BIRD HOUSE - LILAC BUSHES - PORTABLE SWING - SPLIT RAIL FENCE - BUSHES NONE NONE NONE CONTACTED - YES BRIGHTON COMMON - CLASS C 2971 CAMBRIDGE - BIRD HOUSE NONE WILLIAM ENGHAUSER CONTACTED - YES STAIRWAY NEEDS A GRIPPABLE HANDRAIL 2945 CAMBRIDGE LN WAYNE TERWILLIGER CONTACTED - 2933 CAMBRIDGE LN BEV CHRISTENESEN CONTACTED - YES 2927 CAMBRIDGE LN MARK STEHLIK CONTACTED-YES - STAIRWAY - RETAINING WALL - FENCE - VEGETATION - WALKWAY - DOCK STORAGE PLATFORM - STAIRWAY - RETAINING WALLS - STAIRWAY - DRIVEWAY - PLATFORM - LV ELEC. LIGHTS NEW STAIRWAY NOT COMPLETE, HILLSIDE NEEDS RESTORATION, HOLD DOCK PERMIT UNTIL COMPLETE, RETAINING WALLS WILL NEED MAINTENANCE AT SOME POINT PORTION OF STAIRWAY MODIFIED SINCE LAST PERMIT, NEEDS HANDRAIL. VEHICLE PARKING ON FIRE LANE SHALL NOT BE ALLOWED TO BLOCK ACCESS TO COMMONS. ALLOW UP TO A MAXIMUM OF 80 SQ. FEET OF PLATFORM. REMOVE ALL ELEC. FROM COMMONS OR COMPLETE INSPECTION OF SAME BY THE STATE. ELEC. INSPECTOR. CORRECTIONS MAY BE REQ'D. 51135 2921 CAMBRIDGE LN - STAIRWAY NONE DAVID CLAIRE - RETAINING WALLS CONTACTED - YES - WISHING WELL 51195 2911 CAMBRIDGE LN - STAIRWAY ARTHUR BERGER - DECK CONTACTED - YES - BIRDHOUSE - WlNDVANE - LV ELEC. LIGHTS VERIFY STATE ELEC. INSPECTION 51315 2901 CAMBRIDGE LN - STAIRWAY STAIRWAY NEEDS A GRIPPABLE HANDRAIL DEBORAH BERG - WALKWAY CONTACTED - YES - DECK 51375 2893 CAMBRIDGE LN - STAIRWAY STAIRWAY NEEDS A BETTER TRANSITION AT THE BOTTOM TOM/HEATHER PORTER - DOCK STORAGE (NOTE ADJACENT STAIR IS A GOOD EXAMPLE) CORRECT CONTACTED - YES PLATFORM TRANSITION AND HOLD DOCK PERMIT UNTIL APPROVED BY BLDG OFFICIAL 51435 2885 CAMBRIDGE LN - STAIRWAY NONE SAMANTHA BALL - RETAINING WALL CONTACTED - YES 51495 2873 CAMBRIDGE LN - STAIRWAY NONE ROBERT KIMBALL CONTACTED - YES 51555 2867 CAMBRIDGE LN - STAIRWAY RETAINING WALL IS WOOD AND DETERIORATING, REPAIR DWIGHT GARDSTROM - RETAINING WALL WITH MASONRY OR EQUAL AS APPROVED BY BLDG. OFFICIAL/ CONTACTED - YES AND FILL CITY ENGINEER WITHIN NEXT THREE YEARS, ISSUE THREE - NEW RETAINING YEAR PERMIT FOR RETAINING WALL, REMOVE PORTION OF WALL APPROX 1' RETAINING WALL ENCROACHING INTO FIRELANE INTO FIRELANE 51675 2855 CAMBRIDGE LN - STAIRWAY NONE VIOLET SOLLIE CONTACTED - YES 51735 2851 CAMBRIDGE LN - STAIRWAY NONE MARILYN BYRNES - FENCE CONTACTED - YES - RETAINING WALL 51795 2845 CAMBRIDGE LN - ELECTRIC REMOVE ELEC. OR COMPLETE STATE ELEC. INSPECTION AND MARIA AMPLATZ - STAIRWAY ANY REQ'D. CORRECTIONS, VERIFY COMPLETION WITH BLDG. CONTACTED - YES OFFICIAL o o NOA3Q I I I I i L---J ir---n I I I I I 50' 50285 3N~'1 3NO.LS January 13, 1998 RESOLUTION NO. 98- RESOLUTION REAPPOINTING THE FOLLOWING PERSONS: JERRY CLAP SADDLE, GERALD REWSCHNEIDER TO THE PLANNING COMMISSION; THOMAS CASEY, PETER MEYER AND RITA PEDERSON TO THE PARKS & OPEN SPACE COMMISSION; AND MARK GOLDBERG TO THE DOCK & COMMONS ADVISORY COMMISSION - 3 YEAR TERMS - EXPIRING 12/31/2000 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby reappoint the following persons to the following commissions for 3 year terms expiring 12/31/00: Planning Commission - Jerry Clapsaddle and Gerald Reifschneider Parks & Open Space Commission - Thomas Casey, Peter Meyer & Rita Pederson Dock & Commons Advisory Commission - Mark Goldberg The foregoing resolution was moved by Councilmember by Councilmember and seconded The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk .30 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 22, 1997 TO: FROM: RE: MAYOR & CITY COUNCIL Fran Clark, City Clerk Ordinance Amendment At the October 16, 1997, Dock and Commons Advisory Commission Meeting, they recommended amending Section 437:10, Subd. 12 by adding a sentence dealing with allowing a non-owned boat at a Commons Dock up to 48 hours, two times during the calendar year. Attached is the proposed addition of a sentence at the beginning of Subd. 12 which relates to their recommendation. printed on recycled paper ORDINANCE NO. 94-~998 AN ORDINANCE AMENDING BECTION 437:L0, SUBD. L2 OF THE CITY CODE RELATING TO DOCKING OF NON-OWNED WATERCRAFT BY ADDING A SENTENCE AT THE BEGINNING OF SUBD. L2 The City of Mound Does Ordain: Section 437:10, Subd. 12, be amended to read as follows: Subd. L2. Dockinq of Non-Owned Watercraft. Dockinq of boats not owned by the dock licensee is permitted for a period of up to 49 hours, two times in a calendar year. Docking of boats not owned by the dock licensee is not permitted for a period in excess of 48 hours. The city may check with the State of Minnesota to determine if the boat docked at the licensed dock is owned by the licensee and/or a member of the same household as the licensee. Any boat registered to someone not a member of the licensee's household shall not be docked in excess of 48 hours unless a Temporary visiting Dockage Permit has been obtained from the city and the fee established by the City Council in Section 510:35 has been paid. No more than one Temporary visiting Dockage Permit may be issued in any calendar year to an individual dock licensee or visitor. All Temporary visiting Dockage Permits shall contain the State registration number of the boat and shall be limited to 21 days. Any violation of this Section 437 by the dock licensee shall result in the loss or revocation of the dock license unless the City Council shall determine upon evidence submitted by the licensee that there were mitigating circumstances. The City Council may determine that revocation is too severe a penalty and may then condition said license so that any future violation will result in automatic revocation. (ORD. #53-1991, 12-23-91) ATTEST: Mayor City Clerk Adopted by the City Council - Publish in The Laker - CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM January 7, 1998 TO: MAYOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER ~-~' SUBJECT: RESOLUTION ENDORSING CANDIDATES FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT Attached is a resolution endorsing candidates for appointment to the Minnehaha Creek Watershed District. This resolution is a result of a number of meetings which included interviews of prospective candidates to serve on the Board of Managers of MCWD. The Steering Committee, of which I am a member, believes that the MCWD needs to undergo a number of significant changes in how it is managed and governed and believes that changing the membership on the Board is the first step in accomplishing major change on the MCWD. For your information, an investigation is pending by the State Board of Water Resources (BOWSR) of the MCWD. This investigation was requested by the Hennepin County Board of Commissioners last fall. There are three seats open on the Board as of March 8, 1998. Two seats are from Hennepin County and the other is from Carver County. The Steering Committee is recommending that each city in the MCWD adopt a resolution endorsing the candidates in the priority order listed. Upon approval of such resolution, each city's resolution can be forwarded to the Hennepin County Board of Commissioners and the Carver County Board of Commissioners for their subsequent consideration of the appointments. The Steering Committee believes that the candidates listed will make a significant impact in how the MCWD will carry out its business in the future. The Steering Committee has been working closely with Hennepin County Commissioner Penny Steele, State Senator Gen Olson and John Siegfried, Chair, Carver County Board of Commissioners regarding the replacement of the three incumbent managers with three of the candidates listed in the resolution. For your information, the seats due to expire in March are Woodrow Love, Monica Gross and John Thomas. prJnted On recycled paper Memorandum to Mayor and City Council January 7, 1998 Page 2 If you have any questions regarding the resolution or the Steering Committee' s recommendation, please contact me. RESOLUTION NO. 98- RESOLUTION ENDORSING CANDIDATES FOR APPOINTME~ TO THE MINNEHAHA CREEK WATESHED DISTRICT WHEREAS, the City Councils of many of the cities lying wholly or partly within the boundaries of the Minnehaha Creek Watershed District (the District) have adopted resolutions expressing concerns about the governance and conduct of activities of the District and resolving to work cooperatively with other cities in the District to monitor and oversee the activities of the District; and WHEREAS, the City Council of the City of Mound has determined that it would be in the best interests of the public to appoint new members to the District who will provide a fresh perspective, who will work in reasonable cooperation with the public and affected governmental units, and who will restore the faith and confidence of the public and the cities in the District, while still accomplishing the objectives of the District; and WHEREAS, a number of the cities lying within the District, acting through a Steering Committee, have solicited nominations from affected cities and have interviewed candidates for appointment to the District; and the Steering Committee has found a number of well qualified candidates who are capable of providing leadership in establishing prudent, consistent, reasonable and fiscally responsible governance of the District. NOW, TItEREFORE, BE IT RESOLVEB by the City Council of the City of Mound, Minnesota, that the Council endorses the following candidates for appointment to the Minnehaha Creek Watershed District and urges the County Boards of Hennepin and Carver Counties to make appointments from the following list of candidates giving due regard to representation of the various hydrological areas within the District as required by Minnesota Statutes, Section 103 D, sub. 3(C): Hennepin County candidates: Upper Watershed: 1. Patrick Maloney (top ranked candidate in Upper Watershed) 2. Warren McNeil Lower Watershed: 1. Jim Calkins (top ranked candidate in Lower Watershed) 2. Ron Baumbach Carver County candidate: 1. Jerome Keehr (top ranked candidate in Carver County) The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: DATE: December 22, 1997 TO: Cities of the Minnehaha Creek Watershed District FROM: Steering Committee for Cities of the Minnehaha Creek Watershed District SUBJECT: Resolution for consideration by Cities in the District Attached is a corrected copy of the proposed resolution for endorsement of candidates applying for the Minnehaha Creek Watershed District Board of Managers. The corrections are related to names; i.e., Patrick Maloney rather than Pat Maloney and Jim Calkins rather than Jim Caulkins. Again, please consider the attached resolution no later than the first Council meeting in January 1998. Adopted resolutions should be forwarded to the County Clerk for your county. Copies of adopted resolutions should also be provided by mail or fax to Mike Eastling (see attached). If you have any questions or comments about the Steering Committee and/or the endorsement process, please contact one or more of the following: STEERING COMMITTEE and INTERVIEW PANEL MEMBER: Howard Bennis, Mayor City of Deephaven Fred Richards City of Edina Ed Shukle, City Manager City of Mound INTERVIEW PANEL MEMBER: Judd Mowry, Council Member City of Tonka Bay MJE:sdr Attachments Mike Eastling, Public Works Director City of Richfield Terry Schwalbe, Project Coordinator City of Wayzata Phil Zietlow, Council Member City of Medina Lee Gustafson, City Engineer City of Minnetonka STEERING COMMITTEE FOR THE CITIES OF THE MINNEHAHA CREEK WATERSHED DISTRICT STEERING COMMITTEE and INTERVIEW PANEL MEMBER: HOWARD BENNIS, MAYOR CITY OF DEEPHAVEN 20225 COTTAGEWOOD ROAD EXCELSIOR MN 55331-1877 (home) 475-2490 (work) 474-4755 fax: 474-1274 MIKE EASTLING, PUBLIC WORKS DIR. 6700 PORTLAND AVENUE SOUTH RICHFIELD MN 55423 (work) 861-9792 fax: 861-9749 FRED RICHARDS 7225 FLEETWOOD DRIVE EDINA MN 55435 (home) 941-7626 (work) 925-7573 fax: 925-7553 TERRY SCHWALBE PROJECT COORDINATOR 600 EAST RICE STREET WAYZATA MN 55391-1799 (home) 448-7048 (work) 404-5312 fax: 404-5318 ED SHUKLE, CITY MANAGER 5341 MAYWOOD ROAD MOUND MN 55364-1687 (work) 472-0600 fax: 474-0620 PHIL ZIETLOW, COUNCIL MEMBER 2052 COUNTY ROAD 24 MEDINA MN 55340 (work) 540-3435 fax: 540-2425 3'7 INTERVIEW PANEL MEMBER: JUDD MOWRY TONKA BAY COUNCIL MEMBER fax: 474-6538 LEE GUSTAFSON, CITY ENGINEER 14600 MINNETONKA BLVD MINNETONKA, MN 55343 (work) 939-8200 December 17, 1997 CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM January 8, 1998 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER~;~)' SUBJECT: RESOLUTION TRANSFERRING DUTIES OF LOCAL BOARD OF REVIEW As you know, the State Legislature passed a law in the 1997 Legislative Session regarding allowing local municipalities the option of transferring the Local Board of Review function to Hennepin County. This takes the City Council out of having to determine market values of those appealing their values at the Local Board of Review level. In lieu of the City Council performing this role, Hennepin County staffhold an "open book" type meeting with property owners who wish to question or contest their value as determined by the County Assessor. The property owner would meet with the Assessor's staff, that staff would conduct a reevaluation of the value and then would indicate to the property owner if there was a change, up or down, to the property's value. The property owner would then, as they have in the past, have the opportunity to take their appeal to the Hennepin County Board of Equalization for a determination. The only change in this process is that the City of Mound would no longer have to convene as the Local Board of Review. Based upon past experiences, I have understood that the City Council wishes to remove itself as the Local Board of Review. Following this line of thinking, I have prepared a resolution transferring the Local Board of Review function to Hennepin County. If you have any questions, please contact me. prmted on recycled paper RESOLUTION NO. 98- RESOL~ON TRANSFERRING THE FUNCTION OF LOCAL BOARD OF REVIEW FROM THE MOUND CITY COUNCIL TO HENNEPIN COUNTY WHEREAS, the City Council has traditionally served as the Local Board of Review for purposes of setting the market value for properties within the City of Mound; and WHEREAS, the Minnesota Legislature amended the law governing the function of the Local Board of Review; and WHEREAS, the amended law allows the City Council to transfer the duties of the Local Board of Review to Hennepin County; and WHEREAS, upon learning of this law change, the City Council appeared to have interest in transferring their responsibility to Hennepin County; and WHEREAS, the City Manager, in a letter dated September 30, 1997, and in a meeting of October 27, 1997, expressed to Hennepin County officials that the City of Mound would like to consider transferring the Local Board of Review function beginning in 1998; and WHEREAS, Hennepin County has requested that a resolution be passed by the Mound City Council regarding transferring Local Board of Review responsibilities from the City of Mound to Hennepin County. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby agrees to transfer its duties and responsibilities of the Local Board of Review to Hennepin County effective in 1998. BE IT FURTHER RESOLVED, that Hennepin County Assessing staff will conduct public meetings with property owners interested in meeting with staff regarding individual values. Taxpayers still have the option to appeal their market value to the Hennepin County Board of Equalization, if they so choose. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Councilmember was absent and excused. 3't BILLS January 13, 1998 Batch 7122 Batch 7123 Batch 7124 Total Bills $144,467.79 94,894.22 61,153.65 $300,515.66 0 0 "" O ,.'D ! ! · D 0 0 ~ 3 ....... J- ....... L. "' ~_ ~ _ o Z 0 "3 ~¥ 0 Z Z 0 ,--¢~o o o o,=,o oo o oo o oo,~ o' 8 o' ,f .-8 ~ ~ Z ~Z ~Z ~~Z ~Z ~Z ~Z ~ ........ ~. · ~.. ~ .... ,. · o~ ~ >< ~ - ~ ~ o z~ 000'~ '~"Z 0 0 C 0 0 0 ?? ,? o c 2 ', 5"1 ~ I I ? ~3 C O 0 ~ 0 0 0 ! ,,..q ~j er' _J Z z (3. ,,,3 ° .,-,, ~ I Z 1.6 Mound City Council Minutes - December 9, 1997 CQNTINUED PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT, ADDITION TO SHIRLEY HILLS ELEMENTARY SCHOOL, WESTONKA PUBLIC SCHOOLS. The City Manager reported that this item has been continued since April because of the Task Force Study on renovating the existing Westonka Community Center. The School District held a Special Referendum Election on December 4, 1997, to authorize the issuance and sale of up to $7.7 million dollars in bonds for this project. The result was positive with 819 voting yes to'615 voting no. Since the passage of the referendum the City Council and the School Board need to meet to negotiate a Joint Powers Agreement. Assuming this is finalized, this application becomes mute, but if for some reason the Joint Powers Agreement doesn't come together, there is the possibility that this would come back before the City Council at a later date. He has discussed this with the City Attorney and we have several options as follows: Continue this public heating to a date certain; or __ Set the item aside and deal with it as an application if it were to come back (this would .require publication of another public hearing notice but would not make the applicant go through the entire application process again). The School District is concerned if they were to have to come back and start all over. The Council expressed concern about the fact that this particular application carried a rezoaing based upon a time certain that a Conditional Use Permit was to be issued. They did not feel c~)mfortable leaving that open because of setting a precedent for others who may come before the Council and ask that a rezoning be left open. The Council discussed acting on the issue before them and the fact that, at this time, there is no CUP required. The City Attorney asked if the Council wants him to draft a resolution denying the CUP th:,..t is before them tonight and as part of that the Council could specify that if they need to come back to t!~c Council on this CUP issue in the future, the fees could be waived. The City Attorney pointed c;ut that the ordinance specifies that after a denial, the School District would have to wait 6 months to reapply and that too could be waived. The Council asked that the City Attorney prepare the denial resoh:tion based on the discussion tonight and bring it back to the fa'st meeting in January. RESOLUTION NO. ~ RESOLUTION DENYING CONDITIONAL USE PERMIT (SHIRLEY HILLS PRIMARY SCHOOL ADDITION) PID 24-117-24-12-0059 P&Z CASE NO. 97-08 WHEREAS, the applicant, Westonka Public Schools (1SD No. 277) did on or about ~Ianuary 23. 1997 apply for both a zoning text amendment to make school administrative offices a conditional use in the R-I zoning districts: and for the issuance of such a Conditional Use Permit to allow such use at the to be constructed Shirley Hills Primary School Addition; and WHEREAS, following consideration of the matter by the Planning Commission at its Februa~ 10, 1997 meeting, thc City Council did on March 4. 1997 approve the proposed text amendment and did continue the hearing on the Conditional Use Permit request to April 8, 1997: and WHEREAS, the CUP request was further continued seven additional times with the last continuance being to the December 9. 1997 Council meeting; and WHEREAS, the reason for all of such continuance was the simultaneous consideration by lSD No. 277. the City of Mound and others of the rehabilitation, renovation and remodeling of another facility at 5600 Lynwood Boulevard; that facility, if improved would support the administ~'ative officcs for which the CUP was sought at Shirley Hills and would eliminate the need to establish such a use at Shirley Hills: and WHEREAS, at its December 9, 1997 meeting, the City Council reviewed the progress of the program to improve the Lynwood site: and WHEREAS, the Council is concerned that ~he lapse of time since the initial application may have resulted in the information on which it was based having become stale: and that an even longcr lapse of time can be expected before a decision is made to go forward with the L:~awood Site: and WHEREAS, the Council action amending the zoning text to allow school administrative offices as conditional uses has expired, so that a conditional use l~rmit may not now be issued for the Shirley Hills Site. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound. Minnesota as follows: 1. The application of Westonka Public Schools (lSD No. 277) for the issuance of a conditional use peri. it to allow school administrative offices in the Shirley Hills Primary School Addition is hereby in all respects DENIED. MINUTES - MOUND CITY COUNCIL - JANUARY 13, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January, 13, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Mark Koegler, and City Clerk Fran Clark. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1.0 4-10 APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved, a~ ~ '~ ~-~ *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE DECEMBER 16, 1997, REGULAR MEETING 11 *B. RESOLUTION 98- RESOLUTION APPOINTING ACTING CITY MANAGER FOR 1998 12-14 *C. MOUND CITY COUNCIL MINUTES - JANUARY 13, 1998 RESOLUTION 98- RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR 1998 *D. 15 *E. *F. .RESOLUTION 98 - RESOLUTION APPROVING THE PURCHASE OF AT LEAST $20,000 BOND FOR THE CITY CLERK RESOLUTION 98- RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR RESOLUTION 98 - RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1998 RESOLUTION 98 - RESOLUTION APPOINTING THE ~~ ACTING MAYOR FOR 1998 *H. RESOLUTION 98 - RESOLUTION APPOINTING COUNCILMEMBERS TO VARIOUS COMMISSIONS 20-29 *I. PUBLIC LAND PERMITS - BATCH #11 I. ,3. *J. RESOLUTION 98 - RESOLUTION REAPPOINTING PERSONS TO THE PLANNING COMMISSION, PARK AND OPEN SPACE COMMISSION, AND THE DOCK & COMMONS ADVISORY COMMISSION 2 31-32 *K. MOUND CITY COUNCIL MINUTES - JANUARY 13, 1998 APPROVAL OF AN ORDINANCE AMENDING SECTION 437:10, SUBD. 12 OF THE CITY CODE RELATING TO DOCKING OF NON-OWNED WATERCRAFT BY ADDING A SENTENCE AT THE BEGINNING OF SUBD. 12 33-37 *L. RESOLUTION 98 - RESOLUTION ENDORSING CANDIDATES FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT 38-39 40-59 *M. *N. RESOLUTION 98 - RESOLUTION DESIGNATING HENNEPIN COUNTY TO SERVE AS LOCAL BOARD OF REVIEW PAYMENT OF BILLS 5. 60-62 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. RESOLUTION 98 - RESOLUTION DENYING A CONDITIONAL USE PERMIT (SHIRLEY HILLS PRIMARY SCHOOL ADDITION), WESTONKA PUBLIC SCHOOLS 3 MOUND CITY COUNCIL MINUTES- JANUARY 13, 1998 INFORMATION/MISCELLANEOUS: 63 -77 Department Head Monthly Reports for December 1997. Notice from the National League of Cities (NLC) RE: Annual Congressional Conference, Washington, D.C., March 6 -10, 1998. If interested in attending, please let Fran know ASAP. 78-82 83-86 Letter from Senator Rod Grams summarizing the 105~ Congressional Year. 87-89 Letter from Raymond Jorgenson, resident of Plymouth, RE: Luce Line Trail. Letter from Tom Bordwell, Government Relations Manager, Triax Midwest Associates, L.P., re: plans for 1998. 90-91 Letter from Paul Pecora, Regional Manager, Triax Cablevision, RE: rate increase for Premium Services and Home Wire Line. 92-93 94-108 Memorandum from Jim Strommen, Kennedy and Graven and legal counsel for the Suburban Rate Authority (SPA), re: upcoming annual meeting of SPA. Councilmember Mark Hanus is the City of Mound's delegate to the SRA. Ed Shukle, City Manager, is the alternate delegate. 109-111 NSP is beginning a program of Automated Meter Reading in the Twin Cities Metropolitan Area. They will be changing out meters and installing new meters on residential properties. They will also be installing equipment on utility poles that will electronically read the newly installed meters installed on homes. The work will begin in the near future in the City of Mound. Postcards will be sent from NSP to residents informing them of the program and news releases will be put in The Laker and in the City Newsletter if the timing is correct. There is no cost to the homeowner for the new meter. The program will enable NSP to get accurate readings and will be more efficient and cost effective. Does this remind you of our water meter reading program where we installed a "Touch Read System?" Seems to be the way that utilities are operating in order to be cost effective, competitive, Etc. Attached Is a brochure from NSP detailing the program. I. 1998 City Policies as adopted by the League of Minnesota Cities at the annual policy 4 112-152 MOUND CITY COUNCIL MINUTES - JANUARY 13, 1998 adoption conference held in November 1997 Committee of the Whole Meeting, Tuesday, January 20, 1998, 7:30 P.m., City Hall. City Offices will be closed on Monday, January 19, 1998 in observance of Dr. Martin Luther King Day. Bruce Nordquist, City of Richfield, will be presenting information on a Scattered Site Acquisition Program in effect in the City of Richfield at the Planning Commission Meeting on Monday, January 26, 1998, 7:30 P.m., City Hall. Please mark your calendars as Yyu are invited to attend. MOTION made by~'~~onded by ~ to adjourn at ~'. ~ 0 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk Edward J. Shukle, Jr., City Manager 5 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: January 13, 1998 City Council and Staff Jori Sutherland, Building Official ~"~ Resolution/agreement with Hennepin County regarding use of geographical data base. As noted in the attached City Council Minutes from June 10, 1997, the City Staff is requesting the Council to authorize the Mayor and City Manager to sign an agreement with Hennepin County for the County to release a Geographical Data Base to the City for use in updating City maps and other uses. The Council had a question regarding the cost and also how the mapping system works for utilities. The data is free to the city, however we must pay for the County's staff time to download the data, the estimate from the County is about $500.00. In discussing the issue with the Public Works Superintendent Greg Skinner, the Data may also be helpful for his long term goal of utilities mapping. The use of the Data would include but not be limited to the following and would be very beneficial to the City. * Zoning Maps * Storm Water Management * Comprehensive Plan Update * Dock Maps * Parks/Public Lands Map * New City Half Section Mapping Enclosures printed on recycled paper MEMORANDUM Hoisington Koegler Group Inc. TO: Jon Sutherland DATE: June 24, 1997 SUBJECT: Hennepin County Digital Base Information FROM: Mark Koegler RECEIVED JUN 2,5 1997 As you know, we recently received a copy of a digital base map for Mound that depicted general existing land use categories. The information was created by Hennepin County as part of an update of their transportation plan. The City of Mound could benefit from having a base map in digital form. Contacts with the County indicate that they are willing to share their information with the City for a nominal cost, provided that the City is willing to sign a standard agreement governing the use of the mapping and data information. Having a base map and parcel information in digital form would have planning, engineering and administrative benefits. For example, the zoning map could be created in AutoCAD or ArcCAD which would allow easy updating as modifications occur. It would also be easy to create large scale reference wall maps for placement in the City Council chambers and other public locations. Maps depicting other information such as existing land use, commons docks locations, and tax forfeit properties could be created and easily updated. The mapping can also serve as a basis for a parcel based GIS system should the City desire to implement such a system in the future. The mapping may also have a role in a future home page for the City of Mound, should one be established. Many of the municipalities in the metro area have home pages for the dissemination of public information and even access to zoning maps, ordinance text and meeting minutes. I spoke to the Hennepin County Surveyors Office and was told that the County can create .DXF files for our use. This file format will be compatible with CAD and GIS software that we currently use as well as most other firms and agencies. In summary, I feel confident that the modest cost charged by the County for assembling the information could be immediately offset by the increased efficiency brought about by the availability of digital map and parcel data. (612) ....... Fax (612) 835-3160 CITY OF MOUND May 21, 1997 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Bob Moulder County Surveyor Hennepin County Government Center-A703 Minneapolis, MN 55487 Dear Mr. Moulder, Mound is currently assembling the land use information that you recently requested. The map that was sent to Mound was obviously created from a GIS or CAD base that is presumably maintained by the County. The purpose of this letter is to inquire about the availability of the base mapping and corresponding information in digital form. This information would be of interest and value to the City of Mound in maintaining land use records, zoning and other mapping needs. Please provide me with information on the availability of this data for use by the City of Mound. We would be happy to abide by any proprietary agreements or other stipulations that the County might place on the use and distribution of such information. Please direct your response to this inquiry to our consulting city planner, Mark Koegler. He is affiliated with Hoisington Koegler Group, 7300 Metro Boulevard, Suite 525, Minneapolis, MN 55344. He can be reached at 835-9960. Thank you for your assistance in this matter. We look forward to your response. City Manager ES:tf printed on recycled paper 2. In thc event that Wcstonka Public Schools makes a substantially similar request involving the Shirley Hills site -,~-ithin the t~ext two years, the City w/Ii waive the customary. application fees which are ~equired for processing such matters. 3. ha the event that Westonka Public Schools should reapply for similar approvals within the next one year, the City will waive any period of repose contained in the code which pzovides for time delays for reapplieation. The foregoing resolution was moved by Councilmembet and seconded by Cout)cilmember The following Councilmembers voted in the affirmative: The following CouncUmembers voted in the negative: Mayor ATTEST City Clerk Hr~O0-3. MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT THIS ,'.LAST THIS'YEAR LAS/ )b'lq,~ 27 DF£E~BER 1997 MO~ MO~ ~ ~ TO DA~ ~. OF C.~ 39 36 727 774 ou~p FI~ 8 13 209 185 m~G~ 16 10 212 260 IINNiTONKA BEACH FI~ 3 0 20 10 ~iN~EiRiSiA FI~ 2 ] 45 ~G~ ] 3 39 38 ,~o~o F~ 2 O 57 3S ~G~ ] ] 33 42 ;HOREWOOD FI~ ] O 5 O ~PRi>:G PARK FI~ ] 2 21 33 ~.~G~ 2 ~ 64 71 (UIUAb AiD FI~ 2 1 11 5 ~~ 0 1 5 4 rOIAL FIRE CALLS 19 17 368 ~2 ~OIAb EMERGENCY CALLS 20 19 359 432 ~5~CI~ 1 1 8 13 PgSl D~L~ 7 4 55 48 ~v3s~ 0 0 0 1 ~S & ~~S ~ 3 168 133 A~ .. O 2 9 19 F.~E ~ / FIRE ~ 4 5 114 45 hQ. OF H~ ,FI~ 2%1 249 4731 4112 HOUND '~G~ 297 170 3920 5153 ~ ~08 419 8651 9265 FI~ 61 0 409 341 HTKA BEACH ~G~ 0 O 80 281 ~ 61 0 489 622 FI~ 114 13 1106 1114 - H'TRISTA ~,~G~ 9 68 785 746 ~ 123 81 1891 1860 FI~ 26 0 1374 1302 oRo~o ~G~ Z7 18 567 884 ~ 53 18 1941 2186 F~ 15 0 96 0 SHOR~WOOO m~G~. O ~Z 50 6S ~ 15 12 146 68 FI~ 16 36 423 626 SP. PARK ~G~ 20 64 1165 1372 ~ 36 100 ~588 1998 F~E 106 ] ~ 343 116 - ~.~ ~D ~G~ 0 ~4 ~4 114 T~ 106 27 437 230 TOTAL DRILL HOURS 177.5 ]67.5 2040 21~ TOTAL FIRE HOURS 549 3]] ~R2 76]] TOTAL EMERGENCY HOURS ~353 346 666] ~ FIRE & ~G~ HO~S 902 '6~7 1~.143 · ]6~247 ~UTUAL AID RECEIVED ~ Q 7 ] HUTUAL AID GIVEN I 2 15 9 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF ~_ FigHTERS DRILLS & bIAINTENANCE FIRE & RESCUE C.~' X X 2 19.00 2 25 6.50 ~ 162 50 ~ ,,,~.: LLA[ ~ X X 2 19.~ 17 23 149.50 l K],JKSON X X 2 19.~ 0 30 7.00 210.O0 GIL!Li X X 2 19.~ 2.5 35 6.50 227.50 ~ ~!.l.',.b] X X 2 19.~ O 19 6,5Q 123.50 ?,7f:~ ?~w ~ ) X 1 9.50 2 29 6, ~O 188.50 ~f: ;ES X X 2 lq.~ 10.5 29 6.50 188.50 J .X.~U BIK X X 2 19.~ 2.5 21 6.50 136.50 NAIq'5 X X 2 19.~ 2 27 6.50 ~_ ~]REGpA~ X X 2 19.~ 2.5 19 ~ 6.50 ~ 123.50 P~2.1 X X 2 19.~ 2.5 23 6.50 149.50 P~ X X 2 19.~ 3 27 6. 50 175.50 P~ERSON X X 2 19.~ 0 16 6.75 ~ 108.00 C}~IS ~b~q)ER X X 2 19.~ 8.5 24 6.50 ~ 156.OO SAVAGE X X 2 19.~ 4 23 6.50~ 149.50 R~S X X 2 19.~ 2 32 6.50 ~ 208.00 -~CE SVOBODA X X 2 19.~ 0 21 6.50~ 136.50 X X 2 19.~ 3 26 6.50 169.00 X X 2 19.~ 8.5 23 6.50 149.50 37 _~IS WO~KE 34 37 71 ~ 85 92.5 177.5 674.50 151.5 902 ~ , 5888.50 177.5 ~ 674.50 ~ 7813.~ DRILL REPORT i!DISCIPLINE & TE32MWORK X PUMPER OPERATIONS :RITIQUE OF FIRES -PLAN & INSPECTIONS i!TOOLS & APPARATUS IDENTIFY !IHAND EXTINGUISHER OPERATIONS WEARING PROTECTIVE CLOTHING FILMS FIRST AID & RESCUE OPERATIONS USE OF SELF-CONTAINED MASKS FIRE STREi~MS & FRICTION LOSS HOUSE BURNINGS NATURAL/PROPANE GAS DEMOS. LADDER EVOLUTIONS SALVAGE OPERATIONS RADIO OPERATIONS HOUSE EVOLUTIONS NOZZLES & HOSE APPLIANCES II ~)EXCUSED X UNEXCUSED 0 PRESENT / NOT PAID ~.....~ .......... ~.~......-~~_~~~ ..... c~ .~.._~~..._..~ :~.~.~ ............................................... 1' ~ .................. ~..~x~...-.~ ..... ~~_._.~u~~.~..~~~ .......... ~~x ...... ~ Z~ BABB ~M HENTGES Z%;~R. ROGERS z~ c~s~ ~ ~so~ STALLMAN ~B. SVOBODA · %l~ C~aWFORD ~k~a NAFUS ~II~E VA~ECEK ii ~\1 ~- R ENGELHART ~--~ll.J ,. S ERICKSON li ~_~_ D GRADY ~-~G GRADY GU~SON ~'\~ ~" T ~% TOTAL NELSON NICCUM PALM PALM PALM OF FIREFIGHTERS (~T. WILLIAMS ~I~,D. WOYTCKE TRAINING OFFICER DATE MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF MEN ON DUTY J. ANDERSEN G. ANDERSON ~. BABB D.. BOYD S BRYCE J CASEY COLLINS CRAWFORD ENGELHART ERICKSON GRADY GRADY GUSTAFSON HENDERSON HENRY HENTGES JAKUBIK KRYCK LARSON J J J B G M T G C R M K MAAS NAFUS NELSON NICCUM PALM PALM PALM PEDERSON POUNDER ROGERS SAVAGE SIPPRELL R STALLMAN B SVOBODA E VANECEK R WILLIA~S T WILLIAMS D. WOYTCKE CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 To: From: Date: Re: Mayor, City Council and City Manager Joel Krumm, Liquor Store Manager January 5, 1998 December 1997 Monthly Report Another year come and gone, another holiday season come and gone, now business will drop off by 30% in January. Gives us a chance to catch our breath while working on inventory extensions. Business through the holidays and all of December was basically good. We were up $5,500 over December of last year. 3 1/2% increase. Life in the liquor business the last 10 days of December is simply a blur. The two biggest holidays of the year are crammed together one week apart. I don't think that is fair. I have thoughts of petitioning the legislature for a change in venues. I'll need your help. Anyway I have taken down the holiday ornaments and I feel somewhat comforted about that. Don't get the wrong perception of me. I am not a scrooge. Someday I will be out of this business I hope and I and my wife are going to take a two week Caribbean cruise. Enough rambling. All in all it was a roller coaster year. One month we would be up and the next month down. A very unusual pattern for us. When the dust finally settled we were up for the year by $10,000.00. prlnted on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 8, 1998 TO: CITY COUNCIL CITY MANAGER FROM: RE: FRAN CLARK, CITY CLERK DECEMBER 1997, MONTHLY REPORT There were two meetings in December with agendas, minutes, nine resolutions and one ordinance to prepare. The City and School District jointly mn the bond referendum election on December 4th. There was preparation of a test deck, checking out the machine, a public accuracy test, and judges training, prior to the election. Since we used our equipment instead of paper ballot, we had the results at 8:05 P.M. The Cemetery Map was updated with all the changes that took place in 1997. I finished entering all the minutes from 1997 into the Clerk's Index Program on my computer. This really works slick when you need to find something later, just a few key strokes and you have the information. I prepared all the resolutions necessary for the first meeting in January. printed on recycled paper TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR DECEMBER FINANCE DEPARTMENT REPORT Investment Activity Balance: December 1, 1997 Bou.qht: Money Market Money Market Money Market CP CP CP CP CP 4M Plus Norwest Bank First Bank Dain Bosworth Dain Bosworth Norwest First Bank First Bank Matured: Money Market Money Market Money Market CP CP CP CP CP First Bank 4M Plus Norwest Bank First Bank First Bank First Bank Dain Bosworth Norwest Balance: December 31, 1997 5.81% 5.86% 5.78% 6.228% 5.74% 5.837% 5.67% 5.70% 5.56% 5.49% $3,639,503 382,654 116,004 65,225 300,692 399,421 400,296 409,708 956,318 (156,500) (60,000) (116,900) (358,955) (574,901) (364,959) (424,147) (114,673) $4,498,786 During the month of December we prepared for the closing of the year in the Finance Department. Changes will be implemented in the Payroll System to conform to the regulations from the IRS. W-2's will be printed and will be distributed in early January. The 1998 City Budget was approved by the Council on December 16. The levy was certified to the County, the truth in taxation report was filed with the State Department of Revenue, and a summary report will be submitted to the Office of the State Auditor. The same summary will be published in the Laker in January of 1998. It is again that time of the year when we finalize the year's activity, summarize and analyze the numbers and prepare for the audit. City of Mound Monthly Report Utilities Month of: December 1997 Residential Commercial 01/02/1998 Utility-97 Total i No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Total 1,079 1,081 17,722 $29,614 $55,647 $4,981 $90,242 123 123 2,730 $5,676 $15,585 $106 $21,367 1,202 1,204 20,452 $35,290 $71,232 $5,087 $111,609 Payments: Water Sewer Recycle Total $29,115 $61,180 $4,707 $95,002 $5,960 $15,605 $88 $21,653 $35,075 $76,785 $4,795 $116,655! ?1 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: January 5, 1998 TO: City Manager, Members of the City Council and Staff FROM: Jon Sutherland, Building Official SUBJECT: DECEMBER 1997 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 37 building permits issued in December for a construction value of $1,250,798. As noted on the attached chart that details our permit records from 1997 back to and including the year 1988, the permit activity for December 1997 was more than three times the average for all the months of December 1988-1996! We issued 31 plumbing, mechanical, and miscellaneous permits for a total of 68 this month, and 854 permits for the year. 854 is the highest number of permits we have issued going back to 1988! Total valuation for 1997 @ $8,012,800 was better than our last ten year average of $6,575,150! The majority of our Planning and Inspections work load is directly related to construction activity and due to the high number of permits issued (854 in 1997), our city and our department has had a very busy year. PLANNING & ZONING The Planning Commission reviewed two variance cases this month and sent both to the City Council. We have attached a chart of case statistics for 1997, we had a slight drop in the number of variances, 39 in 1997 compared to 46 in 1996. Additional information will be included in our upcoming annual report. kl printed on recycled paper ?2_ Z 0 o'~ E~ Ec 0 0 City of Mound IIUILI)ING ACTIVrrY REI'ORT Month: DECEMBER Year:, 1997 THIS MONTH YEAR TO DATE SINGLE FAMILY OETAC}I[D 0 0 J. 5 2 , 2 ]. 8 , 7/4 7 SINGLE FAMILY A~ACHED (CONDOS) 0 0 2 5 D 8 , ~ 5 8 TWO FAMILY / DUPLEX ~ 4 5 [ 0 ~ 0 0 0 8 i, ~ 56 ~ 7 [ 9 MULTIPLE ~AMILY (~ Off MOfl[ UNIT]} TRANSIENT HSG. (HOTELS / MOTELS} SUBtOtaL 4 4 510, 000 25 4 , 185 , 466 o.,c~ ~ ~o~ss,ou.t INDUSTRIAL PUBLIC / SCHOOLS ~UBTOTAL RESIOENTIAL ADOITIONS TO PRINCIPAL BUILDING 2 127, 400 38 8lb , 848 OtT*CHEO *CCESSO"Y ~U~LD~NSS 2 27~ 882 23 279, 023 OEC~S 3 26, 760 51 185 , 158 SWm~M,~O "OOLS 0 2 76, 129 REMOOEL- MmC R~S~OEUn*L 20 201, 127 303 1 ~ 535 ~ 712 REMODEL - MULTIPLE DWELLINGS SUaTO,At 28 393, ~69 aL7 2~832 ~2a0 COMMERCiaL (RETAIL/RESTAURANTI 1 2}0,000 2 250. 100 OmC~ /p.O~SS~ONAL 3 22, 500 8 1[~ ~865 'NDUSm~At 1 75 ~ 129 2 76, 129 "UBUC ~ SCHOOLS 5 557, 000 DETACHED ACCESSORY BUILDINGS SUBTOTAL 5 347,629 17 995 ~ 094 RESIDENTIAL DWELLINGS 5 NO~ RESIDENTIAL ~UILDINGS 7 ~OYAL D[MOLIYIONS 12 ~ PERMITS ~ UNITS VALUATION ~ UNITS VALOAIION ~s 25 TOTAL 37 4 1,250,798 * 469 8,012,800 'BU,LO,NG 37 469 FENCES & RETAINING WALLS J. 3 ~ S,GNS 2 13 PLUMBING 8 l 3 5 MECHANICAL 13 146 GRAD,NO 0 4 S&W. STREET EXCAV.. F~RE. ETC. 7 51 PLANNING COMMISSION BOARD OF APPEALS Case Statistics 1997 CONDITIONAL USE PERMIT SKETCH PLAN REVIEW APPROVED ~ DENIED ~/VlDRAWN i TABLED TOTAL 5 1 6 0 0 PLATS/PDA'S 1 1 SUBDIVISIONS, MINOR ORDINANCE AMENDMENTS REZONING VACATIONS 1 1 MOVING BUILDING 0 WAIVER OF PLATTING 0 VARIANCE EXTENSIONS 0 VARIANCES 34 1 3 TOTAL 47 3 3 0 1 1 1 39 2 55 1996 TOTAL CONDITIONAL USE PERMIT 5 5 iAPPROVED? DENIED WlD~WN i TABLED SKETCH PLAN REVIEW PLATS/PDA'S 1 (N/A) _ 1 1 8 1 SUBDIVISIONS, MINOR ORDINANCE AMENDMENTS 1 1 1 REZONING 1 VACATIONS 2 1 MOVING BUILDING WAIVER OF PLATTIN~G ......... _3_ ............. 3 3 VARIANCE EXTENSIO_NS VARIANCES 39 3 4 4_6. TOTAL 62 5 1 4 72 .... ' ~":: ! DENIED 1995 '~PPROVED i CONDITIONAL USE PERMIT 7 ~WIDRAWN i _TA~BL~ED ..... _T._O_'rAL __.i 7 PLATS/PDA'S SUBDIVISIONS, MINOR , 2 ORDINANCE AMENDMENTS VACATIONS ............ MOVING BUILDING VARIANCES 38 TOTAL 47 3 0 51 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: January 13, 1998 City Council and Staff Jon Sutherland, Building Official Resolution/agreement with Hennepin County regarding use of geographical data base. As noted in the attached City Council Minutes from June 10, 1997, the City Staff is requesting the Council to authorize the Mayor and City Manager to sign an agreement with Hennepin County for the County to release a Geographical Data Base to the City for use in updating City maps and other uses. The Council had a question regarding the cost and also how the mapping system works for utilities. The data is free to the city, however we must pay for the County's staff time to download the data, the estimate from the County is about $500.00. In discussing the issue with the Public Works Superintendent Greg Skinner, the Data may also be helpful for his long term goal of utilities mapping. The use of the Data would include but not be limited to the following and would be very beneficial to the City. * Zoning Maps * Storm Water Management * Comprehensive Plan Update * Dock Maps * Parks/Public Lands Map * New City Half Section Mapping Enclosures printed on recycled paper Mound City GJuncil Minutes - June lO, 1997 Motion carried. ADD-ON ITEMS 1.7 RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT WITH HEN.'NEPIN COU~'TY REGARDING ELECTRONIC GEOGRAPHICAL DIGITIZED DATA BASE AND AUTHORIZING THE ~IAYOR AND CITY MANAGER TO SIGN THE AGREE.XlEN'i'. - The City Manager explained that Hennepin County has developed a. proprietary geograptaical digitized data base which was designed and built to be used in conjunction with UItimap, an authomated mapping facility software product. He did not have a price on the cost but the agreement will allow tile City to have this available for our Staff, City Engineer and City Planner. We could develop a new zoning map, as well as other maps with this program. Tile Mayor he would like to see how this mapping works for facilities management for utilities. The Council would like to have a cost before entering into this agreement. No action was taken on this item. 313 MEMORANDUM Hoisington Koegler Group Inc. TO: Jon Sutherland DATE: June 24, 1997 SUBJECT: Hennepin County Digital Base Information FROM: Mark Koegler t ECEIVED JUN 2 5 1997 As you know, we recently received a copy of a digital base map for Mound that depicted general existing land use categories. The information was created by Hennepin County as part of an update of their transportation plan. The City of Mound could benefit from having a base map in digital form. Contacts with the County indicate that they are willing to share their information with the City for a nominal cost, provided that the City is willing to sign a standard agreement governing the use of the mapping and data information. Having a base map and parcel information in digital form would have planning, engineering and administrative benefits. For example, the zoning map could be created in AutoCAD or ArcCAD which would allow easy updating as modifications occur. It would also be easy to create large scale reference wall maps for placement in the City Council chambers and other public locations. Maps depicting other information such as existing land use, commons docks locations, and tax forfeit properties could be created and easily updated. The mapping can also serve as a basis for a parcel based GIS system should the City desire to implement such a system in the future. The mapping may also have a role in a future home page for the City of Mound, should one be established. Many of the municipalities in the metro area have home pages for the dissemination of public information and even access to zoning maps, ordinance text and meeting minutes. I spoke to the Hennepin County Surveyors Office and was told that the County can create .DXF files for our use. This file format will be compatible with CAD and GIS software that we currently use as well as most other firms and agencies. In summary, I feel confident that the modest cost charged by the County for assembling the information could be immediately offset by the increased efficiency brought about by the availability of digital map and parcel data. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835 996a Fax (612) 835-3160 May 21, 1997 CITY OF MOUND 5341 MAYtNOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Bob Moulder County Surveyor Hennepin County Government Center-A703 Minneapolis, MN 55487 Dear Mr. Moulder, Mound is currently assembling the land use information that you recently requested. The map that was sent to Mound was obviously created from a GIS or CAD base that is presumably maintained by the County. The purpose of this letter is to inquire about the availability of the base mapping and corresponding information in digital form. This information would be of interest and value to the City of Mound in maintaining land use records, zoning and other mapping needs. Please provide me with information on the availability of this data for use by the City of Mound. We would be happy to abide by any proprietary agreements or other stipulations that the County might place on the use and distribution of such information. Please direct your response to this inquiry to our consulting city planner, Mark Koegler. He is affiliated with Hoisington Koegler Group, 7300 Metro Boulevard, Suite 525, Minneapolis, MN 55344. He can be reached at 835-9960. Thank you for your assistance in this matter. We look forward to your response. d ~J. Si~ City Manager ES:tf printed on recycled paper RESOLUTION NO. RESOLUTION DENYING CONDITIONAL USE PERMIT (SHIRLEY HILLS PRIMARY SCHOOL ADDITION) PID 24-117-24-12-0059 P&Z CASE NO. 97-08 WHEREAS, the applicant, Westonka Public Schools (ISD No. 277) did on or about January 23, 1997 apply for both a zoning text amendment to make school administrative offices a conditional use in the R-1 zoning districts; and for the issuance of such a Conditional Use Permit to allow such use at the to be constructed Shirley Hills Primary School Addition; and WHEREAS, following consideration of the matter by the Planning Commission at its February 10, 1997 meeting, the City Council did on March 4, 1997 approve the proposed text amendment and did continue the hearing on the Conditional Use Permit request to April 8, 1997; and WHEREAS, the CUP request was further continued seven additional times with the last continuance being to the December 9, 1997 Council meeting; and WHEREAS, the reason for all of such continuance was the simultaneous consideration by ISD No. 277, the City of Mound and others of the rehabilitation, renovation and remodeling of another facility at 5600 Lynwood Boulevard; that facility, if improved would support the administrative offices for which the CUP was sought at Shirley Hills and would eliminate the need to establish such a use at Shirley Hills; and WHEREAS, at its December 9, 1997 meeting, the City Council reviewed the progress of the program to improve the Lynwood site; and WHEREAS, the Council is concerned that the lapse of time since the initial application may have resulted in the information on which it was based having become stale; and that an even longer lapse of time can be expected before a decision is made to go forward with the Lynwood Site; and WHEREAS, the Council action amending the zoning text to allow school administrative offices as conditional uses has expired, so that a conditional use permit may not now be issued for the Shirley Hills Site. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: 1. The application of Westonka Public Schools (ISD No. 277) for the issuance of a conditional use permit to allow school administrative offices in the Shirley Hills Primary School Addition is hereby in all respects DENIED. JBD135422 MU200-1 2. In the event that Westonka Public Schools makes a substantially similar request involving the Shirley Hills site within the next two years, the City will waive the customary application fees which are required for processing such matters. 3. In the event that Westonka Public Schools should reapply for similar approvals within the next one year, the City will waive any period of repose contained in the code which provides for time delayS for reapplication. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor ATTEST City Clerk JBD135422 MU200-1 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: January 13, 1998 City Council and Staff Jon Sutherland, Building Official Resolution/agreement with Hennepin County regarding use of geographical data base. As noted in the attached City Council Minutes from June 10, 1997, the City Staff is requesting the Council to authorize the Mayor and City Manager to sign an agreement with Hennepin County for the County to release a Geographical Data Base to the City for use in updating City maps and other uses. The Council had a question regarding the cost and also how the mapping system works for utilities. The data is free to the city, however we must pay for the County's staff time to download the data, the estimate from the County is about $500.00. In discussing the issue with the Public Works Superintendent Greg Skinner, the Data may also be helpful for his long term goal of utilities mapping. The use of the Data would include but not be limited to the following and would be very beneficial to the City. * Zoning Maps * Storm Water Management * Comprehensive Plan Update * Dock Maps * Parks/Public Lands Map * New City Half Section Mapping Enclosures printed on recycled paper Mouml City G~uucil Mi~uttes - June I0, I997 Motion carried. _ADD-ON ITEMS 1.7 RESOLUTION APPROVING A CONDITIONAL USE AGRE._..~EMENT WITH HEN.'NEPIN COL'.,'NTY REGARDING ELECTRONIC GEOGRAPHICAL DIGITIZED DATA BASE AND AUTHORIZING THE .~IAYOR AND CITY *tANAGER TO SIGN THE AGREEMENT. The City Manager explained that Hennepin County has developed a proprietary' geographical digitized data base which was designed and built to be used in conjunction with Ultimap, an authomated mapping facility software product. He did riot have a price on the cost but the agreement will allow, the City to have this available for our Staff, City Engineer and City Planner. We could develop a new zoning map, as well as other maps with this program. The Mayor he would like to see how this mapping works for facilities management for utilities. The Council would like to have a cost before entering into this agreement. No action was taken on this item. 313 MEMORANDUM Hoisington Koegler Group Inc. TO: Jon Sutherland DATE: June 24, 1997 SUBJECT: Hennepin County Digital Base Information FROM: Mark Koegler RECEIVED JUN 2 5 1997 As you know, we recently received a copy of a digital base map for Mound that depicted general existing land use categories. The information was created by Hennepin County as part of an update of their transportation plan. The City of Mound could benefit from having a base map in digital form. Contacts with the County indicate that they are willing to share their information with the City for a nominal cost, provided that the City is willing to sign a standard agreement governing the use of the mapping and data information. Having a base map and parcel information in digital form would have planning, engineering and administrative benefits. For example, the zoning map could be created in AutoCAD or ArcCAD which would allow easy updating as modifications occur. It would also be easy to create large scale reference wall maps for placement in the City Council chambers and other public locations. Maps depicting other information such as existing land use, commons docks locations, and tax forfeit properties could be created and easily updated. The mapping can also serve as a basis for a parcel based GIS system should the City desire to implement such a system in the future. The mapping may also have a role in a future home page for the City of Mound, should one be established. Many of the municipalities in the metro area have home pages for the dissemination of public information and even access to zoning maps, ordinance text and meeting minutes. I spoke to the Hennepin County Surveyors Office and was told that the County can create .DXF files for our use. This file format will be compatible with CAD and GIS software that we currently use as well as most other firms and agencies. In summary, I feel confident that the modest cost charged by the County for assembling the information could be immediately offset by the increased efficiency brought about by the availability of digital map and parcel data. May 21, 1997 CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Bob Moulder County Surveyor Hennepin County Government Center-A703 Minneapolis, MN 55487 Dear Mr. Moulder, Mound is currently assembling the land use information that you recently requested. The map that was sent to Mound was obviously created from a GIS or CAD base that is presumably maintained by the County. The purpose of this letter is to inquire about the availability of the base mapping and corresponding information in digital form. This information would be of interest and value to the City of Mound in maintaining land use records, zoning and other mapping needs. Please provide me with information on the availability of this data for use by the City of Mound. We would be happy to abide by any proprietary agreements or other stipulations that the County might place on the use and distribution of such information. Please direct your response to this inquiry to our consulting city planner, Mark Koegler. He is affiliated with Hoisington Koegler Group, 7300 Metro Boulevard, Suite 525, Minneapolis, MN 55344. He can be reached at 835-9960. Thank you for your assistance in this matter. We look forward to your response. ,~~cer~ly, City Manager ES:tf printed on recycled paper MONTH DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC DEC YEAR 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 97 GENERAL PERMIT REPORT FOR MONTH OF DECEMBER 1997 DAY PERMIT# ADDRESS CONTRACTOR 18 3815 5100 DRUMMOND RE) NSP I 3870 5211 PHELPS ROAD STANDARD GAS SERVIC 1 3871 5112 EDGEWATER DR VALLEY PLUMBING I 3872 2462 COMMERCE BLVD CARVER HEATING & AC I 3873 3030 ISLANDVIEW DR SUPERIOR PLUMB 2 3874 6362 MAPLE RD STATEWIDE GAS 3 3875 1908 SHOREWOOD LANE VOGT HEATING & AC 3 3876 4712 HAMPTON RD RON'S MECH 5 3877 4909 ISLAND VIEW DR SYMINGTON PLUMB 9 3878 2858 PELICAN POINT CIR WESTONKA SAN 8 3879 2125 CEDAR LN COPPIN PLUMB 9 3880 2868 PELICAN POINT CIR WESTONKA SAN 9 3881 4321 WILSHIRE BLVD WESTONKA SAN 9 3882 1605 MAPLE MANORS CT GENERAL P & H 10 3883 1605 MAPLE MANORS CT KLEVE HEATING & AC 10 3884 1607 MAPLE MANORS CT KLEVE HEATING & AC 11 3885 1824 SHOREWOOD LN STATEWIDE GAS 15 3886 5537 SHERWOOD DR NORBLOM PLUMB 16 3887 4420 RADNOR RD RON'S MECHANICAL 16 3888 4909 THREE POINTS BLVD MN WATER TREATMENT 17 3889 2625 WILSHIRE BLVD DONAHUE MECH 17 3890 2625 WILSHIRE BLVD DONAHUE 18 3891 1732 BLUEBIRD LN WESTONKA SAN 22 3892 5241 SHORELINE DR DEVERNS 22 3893 2221 MILL POND LN RESIDENTIAL HEATING 23 3894 5241 SHORELINE DR WENCL SERVICES 26 3895 4909 ISLAND VIEW DR FIRESIDE CORNER 30 3896 5201 PIPER ROAD DINIUS PLUMBING PERMIT TYPE ST EXCAV MECH PLUMB MECH PLUMB MECH MECH MECH PLUMB SAN CONNECT SAN CONNECT SAN CONNECT SAN CONNECT PLUMBING MECH MECH MECH PLUMB MECH PLUMB PLUMB MECH SEWER CON FIRE ALARM MECH MECH MECH PLUMB FINAL DATE BUILDING PERMIT REPORT FOR MONTH OF DECEMBER 1997 MONT YEA DAY PERMIT ~ ADDRESS DEC 97 23 11358 DEC 97 27 11618 DEC 97 23 11844 DEC 97 15 12072 DEC 97 17 12178 DEC 97 31 12197 DEC 97 17 12198 DEC 97 15 12209 DEC 97 15 12210 DEC 97 17 12213 DEC 97 4 12214 DEC 97 1 12222 DEC 97 3 12229 DEC 97 9 12230 DEC 97 19 12231 DEC 97 4 12235 DEC 97 4 12236 DEC 97 4 12237 DEC 97 4 12238 DEC 97 1 12240 DEC 97 1 12241 DEC 97 1 12242 DEC 97 1 12243 DEC 97 2 12244 DEC 97 3 12245 DEC 97 4 12246 DEC 97 4 12247 DEC 97 4 12248 DEC 97 8 12249 DEC 97 10 12250 DEC 97 9 12251 DEC 97 11 12252 DEC 97 11 12253 DEC 97 15 12254 DEC 97 15 12255 DEC 97 15 12256 DEC 97 17 12257 DEC 97 18 12258 DEC 97 18 12259 DEC 97 18 12260 DEC 97 23 12261 DEC 97 22 12262 DEC 97 23 12263 DEC 97 30 12265 DEC 97 31 12266 DEC 97 31 12267 OWNER CONTRACTOR TYPE OF CONST. 2996 BLUFFS LN VOIDED VOIDED VOIDED 5238 PIPER RD DON ELLINGSON SELF REROOF/SIDING/DECK 4918 MONMOUTH VOIDED VOIDED VOIDED 2345 FAIRVIEW LN ED VANECEK SAME DECK 4634 KILDARE RD JACK SHUSTER FINE LINE DESIGN SCREEN PORCH 2346 CYPRESS LANE MOUND LANES SELF SIGN 4634 KILDARE RD TOM STOKES TOM STOKES FIRE DAMAGE REPAIRS VOIDED VOIDED VOIDED VOIDED VOIDED VOIDED 4657 ISLAND VIEW DR SCO~i' MACK SELF SPLIT RAIL FENCE 5012 TUXEDO BLVD MEL ZUCHMAN MINOR REPAIRS 4882 EDGEWATER DR TOM PETERSON BURNEVIK COMPANY REROOF 4909 ISLAND VIEW DR MIKE MASON SPECIAL ADDITIONS BASEMENT FINISH 2600 WILSHIRE BLVD DAVE OSDOBA DANBERRY CO ADDITION 2600 WILSHIRE BLVD DAVID OSDOBA, JR SELF 24X24 GARAGE 1601 MAPLE MANORS C WATERS EDGE INVEST WATERS EDGE INVEST 1/2 TWIN HOME 1603 MAPLE MANORS C WATERS EDGE INVEST WATERS EDGE INVEST 112 TWIN HOME 1607 MAPLE MANORS C WATERS EDGE INVEST WATERS EDGE INVEST 1/2 TWIN HOME 1605 MAPLE MANORS C WATERS EDGE iNVEST WATERS EDGE INVEST 112 TWIN HOME 2163 DIAMOND LN MIKE DAVID KDK BUILDERS 3014 BLUFFS DR JEFF PETERSON METRO HANDY INC 5211 PHELPS RD JANICE KENNEDY STANDARD GAS 4608 MANCHESTER RD BARBARA DILL PARADISE CONST. 6362 MAPLE RD KAROL FARLEY STATEWIDE GAS 5665 LYNWOOD BLVD LAKE STONE MGMT GRUSSiNG ROOFING 1724 SHOREWOOD LN MAGGIE CANNATELLI HOME ENHANCERS 1733 GULL LN TOM & LEANNE KELLY SAME 4944 CRESTVIEW RD STEVE MATHESON MN EXTERIOR INC 2459 CHATEAU LN DAVID & HEIDI GESCH SELA ROOFING 5880 IDLEWOOO ROAD GLEN BARRKNECHT MIKE DENOMIE 4512 MONTGOMERY RD TODD BENTON MIC-GJ 1824 SHOREWOOD LN DON GULBRANDSON STATEWIDE GAS 2625 WILSHIRE BLVD DAREN & JILL JENSEN JEFF METZGER 1571 EAGLE LN BL STRAND SCOTT WOHLWEND INC CHIMNEY REPAIR 2567 COMMERCE BLVD GREEN T ACCOUNTING SAME TEMPORARY SIGN 1853 SHOREWOOD LN 2213 CHATEAU LN 2521 LAKEWOOD LN 5010 WOODLAND RD 6024 EVERGREEN RD 5201 PIPER RD 5300 SHORELINE DR 1794 JONES LN 5733 LYNWOOD BLVD 2415 WILSHIRE BLVD 2346 CYPRESS LN HARVEY HOMES LAUNIE ROUBINEK DON JERDEE PHILLIP KLEIN JERRY CARLIN AL & ALMA'S BALBOA CENTER PHIL LANSING DIANE ROWE MOUND FIRE DEPT MOUND LANES DECK SIDING & WINDOWS GAS FIREPLACE INSERT REROOF; BASEMENT FI GAS FIREPLACE INSERT REROOF 2 STORY ADDITION DECK, REMODEL RESIDE REROOF GARAGE WINDOWS GAS FIREPLACE iNSERT BASEMENT; REPAIRS CORONADO ENTERPRI GAS FIREPLACE SAWHORSE ROOM ADDITION PANELCRAFT OF MN WINDOWS & TRIM PANELCRAFT OF MN RESIDE PANELCRAFT SOFFIT.FACIA,GUTTERS LAKE COUNTRY BLDRS REMODEL RESTAURANT RAYCO CONSTRUCTION REROOF SELF REPLACE DECK BOARD SAMPSON-LINDGREN ICE DAMAGE TO ROOF SELF INTERIOR REMODEL SELF FIRE DAMAGE REPAIR VALUATION 2.669 3,760 12,000 20,000 VOIDED VOIDED 1,000 1.000 23,500 75,000 12.499 120,000 120,000 120,000 150,000 7,000 10.000 1,900 9,000 2.300 16,000 50.000 4,000 7,388 7.650 15,383 7.107 2.300 84.000 600 1,000 12,400 13,171 50O 3.542 250,000 75,129 1,500 1,000 3,000 3,500 SAC UNIT 950 950 95O 950 [.(;'s ,~nnual (~,ongressional (Zity C, onference will be held in Washington, March 6- 10. The program begins on Friday, Nlarch 6, with committee meet- ings and leadership training seminars and concludes on Tuesday, March 10, with roundtablc discussions and (;ongressional briefings on Capitol Hill. In between, you'll learn about {.;ongressional and Administration priorities, help shape NLC's voice on federal issues, and share your perspectives with people who make key federal decisions. This is your opportunity to be part of a unified and powerful local voice in Washington l'~(~, where national decisions arc made that affect 5'our city or town every day. ,~nd, with all 4.% scats in thc Hnusc of Representatives up for grabs in 1998, it's an important time to make sure thc local voice is loud and clear as the candidates launch their campaigns. 10 REASONS TO ATTEND THE 1998 CONGRESSIONAL CITY CONFERENCE You'll learn first-hand about thc lqq8 federal agenda and how it will affect 5'our city or town thc coming year. You'll help shape X L(;'s voice on t~dcral , issues that will be top priorities Gr policy dcvclopn~cnt and advocacy in thc coming year. Yon'Il hear fr~)m national leaders who will *shmc their perspectives on key issues such as 1997 Federalism in utility deregulation, transportation, federal budget priorities, taxation of internet sales, housing and community development, and nmch more. , You'll have a chance to meet with 5'our (;ongressional delegation to discuss local priorities for national action and influ- ence how they'll vote on key issues. You'll learn about options and opportu- · uitics for rcstructuring state and local revenue systems to prepare for thc 21st centur3~ You'll have a chance to work with other · officials from your state to zero in on fed- eral issues that are particularly important at home. '~%u'll share experiences and network · with local leaders from throughout the countrs: · You'll be able to attend special leadership training institute seminars that will increase the value of your visit to \Vashington. · You'll sec old friends and make new ones. 10· You'll be a key player as NL( ~ makes its voice heard- and you'll be able to make a diffcrcncc for your hometown. Ifil q:00 a.m. - 5:00 p.m. Leadership Training Institute ~minars 5:15 p.m.- 6:30 pm Orientation Session for First Time Attendees and Newly Elected Officials 3:311 p.m.- 7:00 pm. Constituency and Special Group Meetings S^ m M3xcvi 7 9:00 a.m. - 5:00 p.m. q:00 a.m. - 5:00 p.m. q:00 a.m. - 5:00 p.m. 10:00 a Ill. - Noon 1:o0 p m - 3:00 p.m, 3:15 pm.- 5:15 p.m. 5:15 p.m. - 7:00 p.m. NLC Board of Directors Meeting NLC Advisory Council Meeting Leadership Training Institute ~minars lC)q8 Legislative Briefing Policy Committee Meetings lit Community and Ecouomic l)evclopmcnt ((',ED) jr Finanec. Administration. and Intergovernmental Relations tFAIR/ jr Energy, Em'ironment, and Natural Resources (EENIt) Policy Committee Meetings ~ Transportation and Communications (T&C) '~' Hnman Development (HD) Jr Public Safety and (.;rime Prevention (PSCP) Constituency and Special Group Meetings/Events 7:.t{I a.m. - 8:30 a.m. 8:30 a.m. - l(}:(10 a.m. 10:lSam-11:45 p.m 11:4.:, am.- 1:15 p.m Noon - l:00 p.m. 1:30 p.m - 2:3(} p.m. 2:45 p.m. - 4:15 p.m. 4:30 p.m. - 6:00 p,m. 4:3(I p.m. - 6:30 p.m. fi:Il0 p.m. - 7:30 p.m. 7:30 a.m. - 8:30 a.m. Steering Committee Meetings 'Ir Community and Economic Development (CED) jr Finance, Administration, and Intergovernmental Relations (FAIR) jr Energy, Environmental, and Natural Resources (EENR) Small Cities Council Steering Committee Meeting Celebrate Diversity Breakfast General Session on Restructuring State and Local Revenue Systems Roundtablc Networking and Lunch in the Exhibit Hall Steering Committee Meetings jr Transportation and Communications (T&C) jr Human Development (HD) Jr Public Safety and Crime Prevention (PSCP) General Session on I q98 Action Agenda Legislative \Vorkshops Small Cities Council Meeting Constituency and Special Group Meetings/Events Opening Reception and Entertainment MONDAY MARCH 9 8:3(I a.m. - 10:00 a.m. General ,Cession on Federal Preemption of Local 10:lSam -]l:lSa.m. ll:30a.m -12:30 p.m 12:45 p.m. - 2:00 p.m. 2:1 .:, pm - 4:00 p.m. 4:1 .:, p.m - 6:00 p.m. 4:3(I p.m - 6:30 p.m. Authority General ~ssion on Congressional Priorities General ~ssion on The President's Priorities Roundtable Networking and Delegates Lunch Legislative Workshops State Municipal League Briefings and Caucuses Constituency and Special Group Meetings 7 a.m. - 10:00 a.m. Shuttle bus service from the Hilton Hotel to Capitol Hill Early morning State I.cague Congressional Breakfasts and Meetings 9:00 am. - 11:00 a.m. Roundtablcs on Capitol Hill 'lq SPECIAL Evtxrs Sunday, March 8 8:30 a.m. - 10:00 a.m. CELEBRATE DIVERSITY BREAKFAST Registration fee: $25 ($30 onsite) Delegates and guests at CCC '98 are invited to "Celebrate Diversity in America's Cities and Towns" at the 14th annual breakfast sponsored by five NLC constituency groups: Asian Pacific American Municipal Officials (APAMO), Gay, Lesbian, and Bisexual Local Officials (GLBLO), Hispanic Elected Local Officials (HELO), National Black Caucus of Local Elected Officials (NBC/LEO), and Women in Municipal Government (WIMG). The breakfast will feature a guest speaker who will provide a perspective on issues facing local offi- cials and America's cities and towns. D^w_s TO R M M ER February 6, 1998 - Deadline for advance registration and housing requests. All requests must be postmarked by this date. After this date, all delegates must register on- site at higher rates. February 6, 1998 - Deadline for cancellations. Cancellation letters must be post- marked by this date and arc subject to a $50 cancellation charge. There are no refunds for cancellations after this date. How TO REGISTER To register for thc 19q81 '.~mgrcssiooal (~ity (~onfcrence, fill out the regisiration form and return it with your check, city purchase order, or credit card information to the NLC Conference Registration Center, postmarked by February 6, 1998. -h' Each delegate, guest, speaker, member of the press, and any other conference Back by popular demand, the CAI'ITOL S'I E['$ will pcrfi)rm ,)iN Sunday, March 8, lq08 at the Opening Reception. h d~sn't matter whether you am Dem~rat, lnde~ndent, or Republican, this show is bi-partisan and makes fun of everyone. I)ON'T MISS IT} i '~IEMt)RIAI.S Tour Washington to sec and feel the impact of our heroes, their accomplishments, and experience the beauty of thc District of Columbia Sec the 1.incoln, Jefferson, Vietnam Veteran. trihutc to women who served m the military. Roosevelt and many other memorials recognizing the accomplishments of all people I¥IUSI(UMS .- \Vhcther it is one of tile Smithsonian Institutions. Frederick l)ouglas House, or the Holocaust muse-  um, the diversity of this cnuntry's history is available throughout the city You can arrange tours or discover I)C on your own. ---25;~,- ~,'. ' 7. Most ,;f the museums ai'e ope .....en days a week. 10:00 a.m. to 5 p.m. II~I'T [ WItlTE HOUSE CON(iRESSI(INAL GUn)El) TOUR \\ bile making app( iotments to meet with your Cungressional representative to discuss city priorities, you may want to request I passes for your family to visit the White House. If you have at least eight to ten weeks advance notice, contact the local or Washington office of your Congressional Representative, or one of your Senators, to request free. reserved tickets for the Congressional guided tours of the White House. Tours are scheduled Tuesday through Saturday, starting between 8:15 and 8:45 a.m. Once inside the .~r~_ White House, the guided tours take 25 to 35 ~ minutes. Please note that the number of tickets l ' ~" for the guided tours is very limited. The tours ~Y'~_~ ~ are conducted m groups of 70, and you will wa,t ~' ~l~r~'I - in line to enter the House. The guided tour narration ~~I~'W is appropriate for high school students a~d older. ~ ~' WASItlNGTON WIZARDS VS. NEW YORK KNICKS ~ ~ · on Thursday, March 5 at 7:00 p.m. Take the opportunity to see · ~ exciting basketball in the new MCI arena in downtown Washington. NLC has reserved a block of 200 tickets until January 16, 1998 Tickets are $t,0 If you are interested, please call Robyn Amos at 202-626-3140. If you need hotel accommodations, please check the appropriate box on the registration form. NLC will make a hotel reservation for you when you register for the conference. Rooms will be assigned on a first come, first served hafts. All conference sessions will be held at thc Washlngmn Hihon t{otel. WHII.E YOU'RE DC SEE... HOTELS participant must register. There is no charge for youth or press registrations. '~' No telephone registrations or cancellations will be accepted. Payment (check, city purchase order, or credit card) must be included with advance registrations. ~ People unable to meet the February 6 deadline will have to register on-sitc at the meeting and make their own hotel reservations. ~ Refunds will be made for cancellations received by February 6, 1998, subject to a $50 cancellation charge. Canecllation letters must be postmarked by this date. No telephone cancellations will be accepted. No partial refunds will be made if you decide not to attend particular functions. MMT, CH 6 FL:I.i.-I).xv SF.*IIN.\RS I. LEADING TttE "NEW BREED:" ESSENTIALS FOR MUNICIPAL LEAI)ERSHIP AS THE TURN OF THE CENTURY APPROACHES Registration Fcc $145 Thi~ x~.tkshcp will addrcg~ tlw chal lenses fiMn~ dcctcd ofiicials a% dwx. Icad PaHit ip,mts will h'arn spccifit leadership ~TaIC~iC~ Ik~r max,mizm~ thc TaJcm~ of all I'hillq, kan Hooscr. Mana~cmcn~ ( 5msuhant, t JcaJa, J:Jonda HAEr-I).,X~ MORNING II. CONVINCING YOUR CONSTITUENTS: PUBLIC SPEAKING SKILLS CL1NIC FOR MAKING YOUR POINT EFFECTIVELY Rcgi~Irafion Fcc $95 in&~duaJ tccdback and a coachin~ session xxilh Ibc insttuclnr ( ]on~c prepared wilh a pant* ~ itl h&c hHiiw thc vidcmal¥ pi d~cir ptc~cnhd,,n and tcedback ~cssi~m to facili talc hlllhcl pr;tttitc Rc~ist, ation is limited ~,~ 12 i,am, q,ant* This sc~sion will N' con- tram, ~cc scssi,,n, ~11. NIL and XVI/ NI;indlll~ t Ix atlons, and P, oibssor. ( ;o ~r¢ct(~k~n University, kk'ashington. III. DEVELOPING EFFECTIVE PARTNERSHIPS ~qTH THE MEI)IA Parm q~ants will Icam and practice strategics ~0~ wur~nE cQcctivdy with thc media to impmxc cnmmunication in their communi- ties Sp<ial emphasis will ~ gwcn to acti, ms dcctcd .fficials can take to forge an cflbctiw umcrnment media partnership. 'i his ,,'ssmn xx ill ~ repeated this afterm~n. Karcn Kah4,, I%~idenl, Kalish ( ,,.nmun,( at,rms, Washington, I )C H:xiJ:-DAx' SI~IINARS AFFEILNOON IX'. ETtUCS AND THE PUBLIC TRUST: LEADERSHIP STRATEGIES FOR LOCAL OFFICIALS Registration Fcc $95 This xx,,rksh.p will focus on thc rcspon- siNlitics of I.cal dcdcd officials tbr ethical and moral decision making Special empha- sis v, ill bc phwcd ~ar hm~ clotted officials llltlSl t ondt]ct thcmsck cs to earn and main- lain thc public trust I h l ~anicl N I l~.land. { h ganizalional t:onsuJtanl. I.aguna Beach. ( :alifl. nia V. COLLABORATIVE LEADERSHIP: SKILLS FOR ENCOURAG~G COMMUNITY PROBLEM-SOLYING Regislralion Fee $93 Participants will team tl~c characteristics of o4bNn'ati~ c leadership, astdc that is ram'. inclusive, and based 0n d~arcd I ,,)t al cbctcd uJficiaJs will dcvd.p stratceics 4~arcd pmNcms VI. COMMUN1TY-O~ENTED PUBLIC SAFETY I 1(1 p m - ;:(10 p m Registration Fee $95 Participants xdll Icam hm~ to engage thc whole c(mmnmib's res,urccs ~,) help pm- point dw causes OJ crime and to dcvcMp 1 .peal officials will hear examples of success st,,rics and slratcgizc ways tn implement conmmnity-m icntcd i,dicing m their own Vll. CONVINCING YOUR CONSTrFUENTS: PUBLIC SPEAKING SKILLS CL~IC FOR MAKING YOUR PO~T EFFECTIVELY Registration Fee $% Participants will receive videotaped in&vid- ual tbedback and a cuachinR session with the instructor (:omc prepared whh a topic fi)r a 3 to 3 tumult speech All participants wiJJ take h~,ne fl~e videota~ of their preseuta- lion anti feedhack session to facilitate furti~er practice. Registration is limited to 12 partic- ipants I)r Carol M ~impson. President, Standin~ Oxations, and Professor, (;corgemwn Unicersity, Washington, VIII. DEVELOP~G EFFECTIVE PAR~ERSHIPS B~TH THE MEDIA 1 30pm -5 Of) pm Regislrafion Fee $95 ['articipams will learn and practice strategies fi~r working cflbc6vdy with the media hnprow c,mnmnicadon in dleir communi- ties. St~'cial emphasis will be given at tions clotted officials can take Io thrge an cffcdixc gmcmnwnl media partnership Kamen Kalish. I'rcsidcnt. Kalish ( :ommunit ations. Washington. I )(: 8A .Kf MARCH7 FtrLL-D'~Y SI:.XI1NAILS IX. MUNICIPAL STRATEGIC PLANNING: FROM V1SION TO GOALS TO IMF'LEMENTAT1ON P, cgistration Fcc $145 l'articipants xtill cxpoicncc a community slralcgit phmnmg proccss flora developing fl~c shared dsm I,~ determining goals and tasks Special emphasis will }w placed on thc local elected official's leadership rule in strategic planning CadH Ncu, Jr., Exccntive Vice I'wsidcm and (;encral Manager, Ncu and ( bmpany, I .akcwood, ( bbrado HALt -i)A~ SLMINAKS MO~G X. BUILDING COALITIONS AMONG DIVERSE GROUPS RcgMra6on Fee $95 Tius ~,,rksh,,p will explore thc h,cal offi- ciaFs leadership role in bringing together marine positiw conln/ullicatioB and in~olvemcnL and working against stereotyp- ing and prqiudicc. XI. CHARACFER EDUCATION: RESTORING RESPECT AND RESPONSIBII.1TY TO OUR COMMUNITIES AND SCHOOLS Regislration Fee $95 How can I.cal gm,eminent, ilies, and youfl~ organizations work togelher to promote respect, reSl~.~sibility, honesty and cnmpassion in community life? This workshop will share character education success stories, emphasizing what municipal munity wide character building effim. l)r Thomas Lickona, l)irector, ( :enter Gr the 4th and 5th Rs (Respect and ResN>nsibility), State University of New York, t brtland. New York XI1. CONVINCING YOUR CONSTITUENTS: PUBLIC SPEAKING SKILLS CLINIC FOR M~ING YOUR POINT E~ECTIVELY Regislralion Fee $95 Participants will receive vido~ta~'d individ- ual fcbdhack and a coaching session wil}~ thc instructor Come prepared with a topic Ibr a .t t. 5 nrinulc spec& All participants ~xill take home thc Gdo,tape of their prcscnta tiun and feedback session t. lacilita~c Grthcr praclicc Rcgistrlmon is limited t(, 12 partic- ipants Standmu ( ~vations. and ['rofcsmr, (icorEclown t ]mcrsity, Washington, ~[-'-D&Y SEM~NA]CS ~RNOON XilI. DEVELOPING AND USING ELECTRONIC TOWN MEETINGS TD INCREASE CITIZEN PARTICIPATION Regism. i.n Fee $95 I,,m'al official~ xxill learn h,,w u, revitalize thc town mcctmg Ihrough telex ision Electronic T.an Mcclings {lS'l'NlsJ provide olx'n access to thc dcm~'ratic pu~'css and thc conduct of il cnmmunitx's cMo business Thc elected official's leadership role m planning and cnnducting ETNIs will Ix' emphasized XIV. BUIIJ)ING COMMUNITY FROM TIlE INSIDE OUT: ASSET-BASEl) COMMUNITY DEVELOPMENT Ix{Opm Registration Fcc $95 Local lcadcr~ will learn a process tor ex~rience, skills, and enthusiasm present and p.ssibly untapped Participants will aim learn strategics tot engaging ~hcsc tmtap~'d assets m cMo parttcipatim~. XV. SUCCESS-ORIENTED STRATEGIES TO REVITALIZE YOUR COMMUNITY'S I)OWNTOWN l:fOpnl ~flOpm Rcgistrati,m Fcc $95 This workshop ~ill prm'idc local leaders with t~ls to define a visi.n thr your cnm- munih"s downtnwn, dcvdop action-nricnt and build a parmcrship between thc local dcctcd N~dy and thc Business community XV1. CONV~CING YOUR CONSTITUENTS: PUBLIC SPEAKING SKILLS CLINIC FOR MAKING YOUR POINT EFFECTIVELY l:3dpm.-5:00pm Registration Fcc $95 Participants will receive vidcota~d indMd- ual feedback and a coadm, g session with the instructor ( ]omc prepared with a topic {0r a t to 5-mmu~c speech Atl participants will take home thc videotape n(their presenta- tion and feedback session m facilitate further practice Registration is limited to 12 parucipants l)r (:arol M Simpson President, Ntandin¢ ( )rations, and ]'rolcssor, (icorgetown University, Washington, 1)(; (~(;(~ '98 will feat u re policy and Icgislativc sessions, work- shops, and rntmdtablcs nn Cal~iml Hill wid~ (kmgresslonal and adminislration lea&rs lo fi~cu~ on thc federal issues that will affect cities and lowns in 1998. These sessions arc designed nol only to provide you xxid~ uscthl infi)rmation, but also Io give you a chance to ask qucs- tlon~ and make your views and concerns knnwn. Key ismcs Ihal will hc nn thc k'dcral-local agenda in 1998 and Milch xxill be addressed during CCC '98 include: PREEMPTION \Vhat happened to ( ~tln~Zl'CSs' t'lllnnlil- auth~rhv back ~t;Itcs and Iota] gev c~umcnls~ ~1~]q97, ( ~ongrcs~ tried to pre- crept Ir)ca[ authr)ritv m'o' traditi()na] and c~scn6a] local rcspcm sibililics such as z.mng, taxation. and rc~ulathm Takings Ic~islatmn thio;liens l() undcrll/inc local at}llill~ auth~)~ try by permit- bc made by fcdcral lion Icuislathm lineal cns Io ir'duce ltv and limit Sliltc and local ahilitx to c.llcct {aXCS 01/ Intcrnct mmsacthms and severely handk'ap Mare ~trcd retailers who will con- thmc to bc rcqu' cd to collect and pay all slalc and local taxes, A tobacco litigation settlement will preempt local regulation of tobacco advertising m local communities and limit thc ability of cities and towns to recoup tobacco-related health expenses. TRANSPOKI'ATION Thc surface transportation war will rosunle when (]on~rgss reconvenes in 1098. Will ( ;engross agree to revest all thc sorplus in Highway Trust Fund fi,'a new. six-year highway and transit pro- gram or not? Will Congress act before current t~mding expires? How will Congress deal with thc donor-donee issue- lhat is how will Congress pruposc to allocate dollars back to cities and states t}om the tbdcra[ gas tax? Will ( :engross remove authority lo make H'ans- portalion dcci- sir)ns If.in vi}ur oily, impose man- dales, cut key programs - or will ( :engross add flex- ibility and a clear- ly defined role tbr local leaders? ELECTRIC DEREGULATION (:ongress is bt-gilmmg to consider proposals to dcregolatc the nation's electric utilityiudustry our last monopoly. Just as local govern- ments have been forced to react to changes from the deregulation of thc lelecommunicatinns industry, electric deregulation may not bc positive fi)r all local governments. :%mc of thc changes bcmg consid- ered by ( ;ongress could make obsolete many of thc existing taxes collected by state and local govern- merits from electric utilities. TELECOMMUNICATIONS Implementation of thc Telecom- munications Act of 1 q% conlinucs to be a key challenge and a continu- ing threat to local authority. I )eSl>itc language in law protecting local zoning and hind use planning authority, thc Federal Comnmni- cations Commission (F(;(h has issued proposed rulcmakings which would preempt local jurisdict over ll~c siting (fi'cellular tmvcrs and broadcast towers. FEDERAL MANDATES Federal mandates-- the local bat- tlc cry of thc 90s- have evolved into a modem-day version of taxa- tion without representation. 1 )cspitc a successful campaign in 1993 to bar the federal government from imposing new mandates on cities and towns, \Vashmgton con- tinues to force local governments to take action without providing any federal funds to supvm those requirements. Sq;hTE AND LOCAL REVENUE SYSTEMS ( :hangcs in thc cc(moray, clcctl-()lliC CIHIIIllCI't'k', lax rctl)rm, and deregulation arc having or will have drun/utic iml)acts on slate and local revenue systems. [Vorking wid~ thc National (hwcrnors' Associali(m and thc National ( ;onfcrencc of Slalc I .cgislalurcs, Nl .(; is cxamm~ ing thc impacl of Ibcsc changes and exploring new ideas lbr l'CVClltlC thc lk~turc, l.carn about aclhms at Ibc tk'tlci'a] levcl Ihat c(afld al'lUcl your city's abilily Ir) ab()ut opti()ns t})1-]'cstrtlc- ttirhlg oily alia SlittC rev pctitivcncss m thc gh)bnl CCOllOllly. STORMWATER On March 1, l qq8, thc Environ- mental Protection Administration (F,I'A) will issue final regulations on a new program for cities in urban- ized areas with populations of .:,0,{100 or more ti) mandate control of pollutants m rainwater runoff'. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I : RE TIONFORM Pica,< 15 pc or prinl MailiT< \ddrcss NO REGISTRATION WILL BE I)ROCESSEI) WH'ItOUT ACCOMIL~.NYING I)AYMENT IN IrULL. ~SERVA~ION ~Q~T : Please make mx h{ad ~cscrvafi,m as indicated bclm~ ~ [ [ do not require hotel acc.mm~dations at any of thc h~tcls listed bclm~ J Please conlact mc regarding suite information ~ ; ] pret~'r a nonsmokmg room (assigned .n a space ax ailab[c basis~ qtatc Zip l cl,'ph,,nc, ~ i:amih, \ Icmbos Attending. IS23 n.n-rdundablc rcgistl ation tee fi)r spouse/guest; no t~'c h)r ~p,,.se lull Name ~'x NI F Age___ ~ ['he size ol In~ ~tx ~ Cheek applicable Credere.ce Registratlon fee and enter Iolal fees in the hght hand colun,n ~v~ ~GB~~ON d%tm,~rkcd t9 Fchruan, 6, 1998) [ $t25 l)ircct Member Fcc' $.~ [ $U5 .'~smciatc Member Fcc* $.~ ~ $4(G Indirect NlcmJx'r Fcc** $ S4h< ihhcr*** $ LE~)ERS[ffi' ~(l ~S~T~ SE~ FRII)AY, MARCIt 6 i Sl45 [.cadmg thc "Next Breed" $_ $ % ~ ),m incmg Your ( :onstitucnts ohO0 a.m) ~ $ % l lcwh)pmg I ttbchvc I'artncrships With thc Media ¢}:00 am $ '*q Dh]ts and thc }'ublic Trust $ % ( :-llab. rafixc 1.eadcrship ~ $ % I ~,...,I.pmg llflccfivc l'artnc~ships With thc Media (1 :tn pm. SATURI)AY, MAR(iii 7 : SI4; Nhmitipa] Stl'atcgmc Plannin~ $ : S'G Ihmfltlmu (ioaJitions ,'Mnong Dixcrsc Groups ~ $ '~; I k.vdol,m~ and I king I']cctr.nic Town Meetings $ '!3 qut tess ( )rientcd Strategics $ Si~E~~ ; S2; %nday (Mcbralc Diversity Brcakhst ($30 on-site fcc) APAMO $~ Mcmlx'r Dues $ (;LBLO NBC-LEO $50 Activities Fcc WIM(; $411 qattllday l.unehcon $.~ $3q 1 )ircct Mem~r ( ~itv [ )ues $ ' St,0 N.n mcm~r City J)ues $.~ ~ ~ $7~ 5upp.rtmg/lrormcr Official Dues TOTAL $. t,, NAI I{}N M. I,I;A(;l~l'7 ~ MI, a., cJLd l, ,[1~ ;11c sUJ~Wt t h, il $~1) Calwt'il,ltion Icc I!'}'o attomm.date yom special ncc&, c u whecM~air ac.'ssihk' ro,.ns, please eontact iht: ( :ontk'rcnce I{et,.istration ( '.cntc~ 'qlx'cial ) lousing Request: :\rrival ] )ate /' / 'l'hnc I )eparturc date / / Time (~ED1T ~ Am'HOmZA]]ON ~ ~ ( :ha]ge my h,,cl ~..n dqx)sil tall major c[cdit cmds atcepicdl (;~t'dil (~ard I tompanv t;a~d N um}x-r I(xpirafion I )ate ( lard I toldcr Signature Date The Nm.(: t :onh'rcnt c Rcgislralion ( :cl)tt'r is ~ :t .r z 'd t sc tm.. ah,,c (ard to pa} all appJk ablc rceislral [eck and mma~antcc mx h.h.m icscwah.n m undc:~land dial onc nlahfs r,~,n dh~rac xx ~H [~, bi,M] hHhis card if ] ,PREFE~NCE [nd4cah'v0urlirst(hoi~ch.tcl~fl~lhcmm~rl NumN'totJ~crhr~tcmsfr,,mnJt. hinordcrofv,,urprdcrcntc ~.urh.tcJand r~.ml txlx ailm N asgigncd based .n xout F)slmark and h ) d r. m a ai[,~hihh at tht linw V,tlr request is p)slmark~ CHOICE HOTEL SINGLE DOUBLE kJarr~ott (l,;Ufiyard - '({~ - $i:'i~ .. I{adiss,,n Bart'cid)ih,tel '- (5) - ~[~5 $1~g '-~ Shcrat,,nkVa~hJngton '- (i5 -$134' $1~ .... Thc(lapi~i,J iilJf, m - (F') -$i50- - Washmgt,,n I lih,m 11.gtcJ . ((~ SZ~O 'l'owcrs $240 $~0 COMI'I,171 I~ ANI) SI( ;N "CRI,])IT CARD AUTI ]ORIZATiON- Si~CTi()N ABOVE, All gmcmmcnl purdulsc t)m I' s, ~ {,[]['h{1[s and ct,runs nlusl ix' submittcd t, thc appr.lmatc lintel I'( )tlr ~k EEKS m a&ancc of a[rix al dale and arc su[3cct to approval by thc hotel I'lca~- [crum thi~ f.rm aith your NI,C Conlk'rcnce Registration (]enter Richmond, Vitulma 232S~ { )wrnlgh~ ~our li,r.) ami N[C Regi~tratlon Comer 45th; k mta~t, Park Plaza StcrJme Vim,ma (703} 318-071~ ~ All scs~hm~ Mil be held at the Washington I Jilton Hotel and Towers. ROD GRAMS MINNESOTA COMMITTEES: BANKING. HOUSING. AND L~RBAN AFPAiRS December 2, 1997 WASHINGTON, DC 20510 WASHINGTON OFFICE: ~- 202-224-3244 :AX 202-22g~0956 INTERNET: MAIL_GRAMS~ORAMS SENATE GOV MINNESOTA OFFICE: 20~ SECON0 AVENUE NORTH ANOKA. MN ~- 6~2-427-59~ VAX 6 ~2-427-EI872 Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341Maywood Road Mound, MN 55364-1687 Dear Mr. Shukle: Now that the Congress.~a~.adjourned for the first session of the 105th Congress, I wou~a ~lKe to update you on some of my activities over the past year. Tax Relief: As most of you are aware, the $500 per-child tax credit has been signed into law as part of the overall tax portion of the budget agreement. This represented nearly five years of hard work since I was first elected to Congress, and I am very pleased this goal has been accomplished. Progress on capital gains and estate tax reductions were also achieved. Education IRAs for college expenses were created -- now we need to create them for elementary and secondary education as well. However, there is plenty of work left in the tax area as we tackle tax/IRS reform, a priority for 1998 and beyond. Finding the best way to accomplish tax reform may take a while, but I remain convinced this is the best way to lower taxes for working Minnesotans and achieve more fairness and simplicity in the tax code. This will also greatly reduce the power of the IRS and make the agency more accountable to the taxpayers. While we are working toward this goal, I will also support new tax reduction and efforts to reform the IRS. Balanced Budget: The first session of the 105th Congress also saw the passage of a balanced budget for the first time in decades. While I voted against this section of the budget agreement, in part because I believe there were far too few spending cuts, I am hopeful that we can reach balance by 2002, or even before. The danger, of course, is the recent talk in Washington that since we don't have to balance the budget until 2002, we can spend any additional revenue spurred by the continuing economic boom. One of my priorities for the next three years is TO MAKE SURE PREP..'~RED. P['BLISIIED, AND MAILED AT T. LXPAYER EXPENSE THAT DOES NOT HAPPEN. Any'budget surplus that may occur must be used for tax relief or debt retirement -- NOT for new spending. Social Security: Another problem I had with the balanced budget agreement was that it did not include enough entitlement reform. One bright light is that more Members of Congress are looking at ways to preserve the Social Security system, including reforms that would give individuals more control over their savings. To give individuals more information on what Social Security will mean to them in their retirement years, I introduced S.1145 to provide specific details to individuals on their projected total earnings at retirement, inflation adjusted and compared to what they could get if they invested privately. The status of the Social Security trust funds will also be listed. Pursuing this legislation to help future recipients understand their retirement options is an important priority for me in 1998. Other legislation on which I was active: FDA Reform: New legislation was passed to streamline approval of medical devices -- long sought by Minnesota's "Medical Alley" companies. Nuclear waste: Both the House and Senate passed bills to accept storage of spent nuclear fuel on an interim basis, a responsibility the federal government committed itself to in 1982. Despite strong, bi-partisan support in Congress, presidential veto threats have slowed down progress on a final agreement. I believe the recent court ruling reaffirming the federal government's obligation represents a major victory for states like Minnesota and will provide great impetus for action next session. Trade issues: I actively supported Most Favored Nation status for China and opposed efforts to impose trade sanctions on countries for unrelated issues. As an export economy, Minnesota would be the loser if these sanctions were imposed. Loss of Fast Track trade negotiating authority is another blow to Minnesota's economy. Efforts by the President to promote Fast Track were too late and he failed to make his case to the American people that trade agreements help, not hinder, our overall economy. In my position as Chairman of the International Finance Subcommittee of the Banking Committee, I also was able to shepherd passage of the reauthorization of the Export-Import Bank, which supports many Minnesota exports. Foreign policy: As Chairman of the International Operations Subcommittee of the Senate Foreign Relations Committee, I was able to finalize an agreement to pay arrears owed to the United Nations. The money, as well as payment of current dues, would be tied to specific reforms by the UN that would make it a more streamlined, viable organization -- one that would hopefully win back the trust of the American people it has lost. An important reorganization of our foreign policy agencies was also finalized. Unfortunately, both of these agreements were delayed at the last minute, but they will be priorities for me early in 1998. Agriculture: I have continued my work to promote long-term dairy reform and to oppose the Northeast Dairy Compact, which has further tipped the balance against Minnesota dairy producers. A study I proposed of the Compact was included in the Agriculture Appropriations bill. The results will give us evidence to help us oppose the Compact in the future. I was also able to obtain more research funding to help Minnesota farmers combat wheat and barley scab. Health care: A priority for next year is a quick correction of the Minnesota "Disproportionate Share" payment error in the Budget package. Chairman Roth of the Finance Committee has indicated his willingness to help. I also introduced S.238, which highlights some of the problems emergency medical systems face, including Medicare reimbursement for ambulance services. Medicare: Legislation I co-authored was included in the Balanced Budget Act and changes the way Medicare reimburses health plans. This will finally give Minnesota's seniors some of the same health care benefits Florida seniors enjoy. Several new preventive benefits were added to Medicare--annual mammography, prostate cancer and colorectal screenings and diabetes self- management benefits. Oversight & Streamlining Government: I had several opportunities to make my case to eliminate the Department of Energy. While I received new support in 1997, this will be a longer-term goal. In the meantime, I expect to continue my efforts to streamline government agencies and programs to lower costs and make them more efficient. My support for a two-year budget cycle is designed to ensure Congress has more time to spend on needed oversight. Right now, most of our time is spent on budget- related matters. Natural Resources: My efforts to reopen the three portages in the Boundary Waters Canoe Area Wilderness are intended to restore the promises to the people of Northern Minnesota reflected in the fragile 1978 compromise -- not to pave the way for future efforts to destroy the pristine nature of this national treasure. As a member of the Energy Committee, I look forward to continuing my work to improve the administration of our national parks for the enjoyment of all. The global warming treaty is another issue I am closely examining. While the U.S. needs to do its part to reduce emissions, without substantive commitments from nations such as China, India, and Mexico, little progress will be made in reducing global greenhouse gases. As a member of the Private Property Rights Caucus, landowner's rights remain a major focus of my efforts, and we have made progress in educating Members of Congress on the importance of ensuring those rights. Banking: As a member of the Banking Committee, ! was able to achieve substantial progress in many areas. Legislation of mine will ensure that residents of public housing have more assurance they can live safely, away from drug dealers and users. Progress was made on financial institutions modernization. I authored legislation calling for a new one-dollar coin that is more usable than the current coin. A compromise between banks and homeowners was achieved on private mortgage insurance. Transportation: I was disappointed that the best highway funding we could accomplish was a six-month extension instead of a six- year reauthorization. We can't allow politics to dictate whether or not we have a highway transportation bill for the next six years. Correcting this wrong must be one of Congress' top priorities when we return to work in January. Minnesota projects are my personal priority. Social issues: An override vote is still pending on the President's veto of the partial birth abortion ban. Hopefully we will have enough votes to override in 1998. Border access: I am actively promoting legislation to reverse an unintended requirement that would require all Canadians to fill out entry documents at border crossings. The resulting long lines and paperwork burden would discourage Canadian visitors who have helped our economy along the northern border. Crime: A juvenile justice reform crime bill should receive Senate floor consideration early next year. This bill is intended to reduce violent crime, including gang crime. In addition, we passed legislation to strengthen criminal law against telemarketing fraud and to protect volunteers from unjust lawsuits. We must continue to be tough on criminals, but also ensure that states will be free of federal government interference and mandates. This will enable them to work with local officials to address their crime prevention needs. Sincerely, Rod Grams United States Senator RG:pe 16010 5th Ave. N Plymouth, MN 55447 Jan. 1, 1998 Dear Friends of the Minn. DNR Luce Line Trail, Please find enclosed copies of articles in the Dec. 31, 1997 "Plymouth Sun Sailor Newspaper". The DNR is requesting public comments on their Draft Plan to upgrade the 20+ year old Luce Line Trail before the DNR plan becomes FINAL. Please read the articles from Barbara Burgum of the DNR and myself. I believe the Luce Line Trail is a very important resource to the west metro area. The Luce Line Trail needs your and your friends support. The Luce Line Trail is a STATE trail, not a local trail. The west metro, area should have the right to a first class trail like the Gateway Trail in north St. Paul and the rest of the STATE Trails. The Luce Line is the only DNR trail that is limestone, all of the other nine or ten multiple use DNR state trails are asphalt. The Luce Line trail should be the best in the west metro. The Luce Line should be asphalt to allow in-line skaters, wheelchair and bikers other than mountain bikes to share the trail with other users. What I am asking you to do are a) call, write, fax or e-mail your comments to the DNR, b) make copies for your friends and c) interested parties. Mail comments to Barbara Burgum, DNR Trails & Waterways Unit, Box 52, 500 Lafayette Road, St. Paul, MN 551 55-4052. Fax to 297-5475, e-mailed to laurie,young@dnr.state.mn.us or telephoned to 296-6693. The 20+ year old Luce Line State Trail is well worth our support for our children and grandchildren. It will be another 20 years before we of the west metro has another chance tell the DNR what we want. The DNR responds to the public they are serving, if you don't comment, the other interests have already made their comments know. Thank you for your help, it is worth a little of your time!! We need to be timely, so do it soon. _Sincerely yours, ~Rayrfiot~cl_,/E. Jorgensen 473-5539 PLYMOUTH Comments sought on Luce L ne Official deadline for input is Jan. 2 By Sally Thompson Min~esota Sun PJblications If you use the Luce Line, you probabl;' have an opinion on how it o,[:id be improved. %:ell, now is thc tlIIH,: tO t'x[~t'e~;s your opinion by ttdephone, thx, e-mail or leLter. Barbara Burgum, a member of the Lute Line State Trail planning team tbr the Depart- merit of Natural Resources, said the deadline fi)r comments ends on dan. 2. But, if Sou miss the deadline and if you have an opinion, don't hesitate to let the DNR know. ~ile your comments may not be part of the fomml pape~ork, your views may still help plan- ners as they work on the propos- al, she said. "We want people to comment,' Burgum said. Three open house meetings in Dece~nbt:r -- in Plymouth, Hutchinson and Watertown ~ gave people a chance to talk about DNR plans for the Lute Line, she said. Only 30 people attended the Dec. ¢ meeting in Plymouth, but about 100 people attended each of the other meetings, Burgum smd. Because these were open house meetings, not formal hear- ings, Burg~m said legal notices to the public were not required. Rather, the depa~ment relied on press releases to promole the public planning process, she said. Most of the discussiml at the LUCE: To Page 1 1 December 31, 1997 TRIAX MIDWEST ASSOCIATES, L.P. TOM BORDWELL, GOVERNMENT RELATIONS MANAGER 2105 129TM Avenue Northwest, Coon Rapids, Minnesota 55448 Telephone · Facsimile (612) 754-5070 December 31, 1997 Dear Friend: On behalf of Triax Midwest Associates, L.P. d/b/a Triax Cablevision, I would like to wish you a Happy New Year! Triax Cablevision is excited about its plans for 1998. In the next few days, you will be receiving our first newsletter designed to inform you of the many exciting things that are ahead for our customers and the communities we serve. I welcome your comments on our first issue of Connect, and look forward to continuing this communication throughout the year. As public officials, I am sure you are keenly aware of the need for businesses to operate as efficiently as possible. The cable television industry has experienced many changes over the last few years. New technology and new market challenges present cable operators with the task of providing new products and services at a reasonable cost to the consumer. Triax Cablevision is meeting this challenge by investing in new technology through system upgrades and rebuilds. By making improvements in our operations, we will be ready to provide our customers with the next generation of cable services. We also need to respond to the market by adjusting our rates. Many ofTriax Cablevision's systems will be receiving rate notices over the next few weeks. The enclosed fact sheet provides you with information about the factors that help determine rate structures. It is our hope that this information will provide you with an understanding of this important aspect of the cable industry and how it affects our customers and your constituents. We are always interested in expanding our communication efforts. Your ideas and additions to our mailing list are appreciated and can be faxed to my attention at (612) 896-3278. My direct telephone is (612) 754-5070. Thank you! Government Relations Manager 0359144.01 A Message to Our Friends in Government Regarding Rate Increases: Triax Cablevision continues to work diligently to provide our customers with quality services and optional new programming choices. We are excited about the completion of the first year of our ten-year plan to improve our cable systems, and look forward to meeting the challenges in the ever-changing telecommunications industry. We understand our market and the importance of listening to the needs of our customers. The competition to provide increased programming choices and advanced products is very keen. Triax Cablevision's goal is to provide our customers the highest value possible at an affordable price. We do not take rate increases lightly, as we are well aware of the need to balance those increases with enhancements to our system. We try very hard to make improvements in our operation without increasing costs. Our management team and employees in the field are continually finding better and more efficient ways to operate, but several factors affect our ability to control rates. As a highly regulated industry, we face costs which other providers, such as direct broadcast satellite (DBS/satellite) systems, do not. For example, Triax Cablevision collects and returns up to 5% of its customers' rates directly back to the communities we serve in the form of a franchise fee. We also pay property leases, pole attachment fees, and other fees which are unique to cable providers. However, the biggest cost increase we face is in programming. Programming costs include the fees we must pay program providers, such as Showtime, TBS, ESPN, etc. Between 1984 and 1993, cable providers industry-wide paid an average yearly increase in programming costs of 9.2%. In 1995, that number increased to 13.5% , and in 1996 another huge increase to 14%! In 1998, we expect our programming expenses to increase by an additional 19%. Increases in programming fees put incredible pressure on our ability to add choices and channels for our customers at a reasonable cost. While rate increases will be necessary in 1998, we believe they are in line with the improvements we are providing. Triax Cablevision is committed to bringing you the next generation of cable services and we have made significant investments not only in our capital rebuilding program, but also in our operational improvements designed to provide better customer service. We appreciate the opportunity to serve your community and look forward to our continuing partnership. 0359332.01 TRIAX CABLFVISION t504 2nd St. S.£., P.O. Box 110, Waseca, MN 56093 December 29, 1997 5O7/835-5975 FAX 507-835-4567 Mayor Bob Polston City of Mound 5341 Maywood Rd Mound MN 55364 Dear Mayor Polston: Effective February 1, 1998, Triax Cablevision is adjusting rates for Premium Services and our Home Wire Line Plan as outlined on the attached notification letter which has been mailed to all customers. These rate changes reflect increases in programming expenses and operating cost associated with these services. Mayor Polston, on behalf of the entire Triax Cablevision team of employees we appreciate the opportunity to provide service to the City of Mound. Should you have any questions regarding this information, please feel free to contact me at any time at (507) 835-5975. Sincerely, Paul R. Pecora Regional Manager IMPORTANT CUSTOMER NOTICE Effective February 1, 1998, the rate for the Home Wire Line Plan will be adjusted to $1.25 per month, an increase of $. 15 per month and the Encore/Starz package will be adjusted to $6.95 per month, an increase of $1.00 per month. CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com RECEIVED JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMORANDUM TO: FROM: DATE: RE: SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 Notice of SRA Annual Meeting On January 21, 1998, at 6:30 p.m. at The Doubleu, ee Hotel in St. Louis Park (formerly the Sheraton Park Place) the SRA will hold its annual meeting. (Map attached). Our special guest is Tom Grundhoefer, General Counsel to the League of Minnesota Cities. Mr. Grundhoefer has been very active in the right-of-way legislation and task force. We are privileged to have him as our guest and has a good deal of important information on right-of-way matters. There are a number of important issues facing SRA cities to discuss at the board meeting. (Agenda attached). Please RSVP to Shannon by 10:00 a.m. January 19, 1997 at 337-9279. JMS:sms JMS 13604 3 SU160-3 DOUBLETREE HOTELS' GUEST SUITES' ~ I N N EAPO 1.1.~ 1-800-222-TREE 1 I TO UULUTH I I0 UOLUTH N lo ~'nu.w~tE n .... WAYZATA/ LA~F M~NNF TClNKA TO EaU ¢I. AInF · Nn OHIn, Ano ~ B C D · .. I~LOO~INO TON ~ TO ~I,IAKOPE[ DOU BI,ETREE PARK I'I~CE HOTEL 1500 ?afl Place Bouk~t'ard · ~ltimt~q~olis · 612.542-8600 · [394 and Parle Plac~, guuh~:anl, 3'/: m~les .,~'t oJ't~otmt, u'. Mtmu~q~ola. IX)UBLE'rRF. E GI IF~qT Sl.ll'rF2i · MINNEAPOLIS 1101 l~t ,~dh, At.~tue · ,Ih)tttctqlolis · 612 332 6800 · l l th a,d fit .~al~. Dott.',kn,, tllimu~tpol~¥. One blrn'k tt ts'! of Nk'ollet Mall. D()UBI~,I'REE GU'EST ,~tlFrF~$ · MINNF, AI'tIIJ$ AIRPORT 2800 l~exl 8Otb ~'¢~?1 * [tloomingto~ · 612. 884.4811 · 1.494 a.d l~m tii~'ntte ,~tdh. ,~1' ratio' u~sl of the airl~t D(.)LIBI,ETREE H(YTEI, · MINNF, AP()IJS AIRPORT AT THE MALL. 7901 24th Att?mw .~)utb * llloomingttm · 612-85q-2244 · I. 494 nttd 2 4th at~tue South A(.'mt~ JH~m tin. Mall q/'Americtt. AGENDA FOR THE ANNUAL MEETING OF THE SUBURBAN RATE AUTHORITY The Doubletree Hotel, St. Louis Park January 21, 1998 6:30 p.m. CALL TO ORDER: 2. ROLL CALL: COMMENTS OF GUEST--TOM GRUNDHOEFER, LEAGUE OF MINNESOTA CITIES: Mr. Grundhoefer will also field questions that you have. 4. REPORTS OF OFFICERS: 5. COMMUNICATIONS: ELECTION OF OFFICERS AND EXECUTIVE COMMITTEE: - (See Memorandum #1) ge e 10. 11. JMS135917 SU160-3 OLD BUSINESS: ROW Task Force--PUC Rulemaking (See Memorandum #2) US West Cost Proceeding (Memorandum #3) EAS Investigation (Memorandum #4) Area Code Proceeding (Memorandum #5) NEW BUSINESS: NSP gas filing (Memorandum #6) - US West rate filing (Memorandum #7) - Electric--telephone undergrounding issue (Memorandum #8) - Needs of SRA in 1998 (Memorandum #9) - Telephone resellers and "facilities-based" providers (Memorandum #10) LOCATION AND TIME OF NEXT MEETING: CLAIMS ADJOURNMENT CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com MEMORANDUM JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMO TO: FROM: DATE: RE: SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 Executive Committee Election As you know, the Executive Committee, including officers, is elected at each annual meeting. The Executive Committee has authority to act on behalf of the SRA between the quarterly meetings. When issues arise that need immediate attention or feedback, counsel will often contact the Executive Committee. Recently, it has been more the exception than the role that the Executive Committee has met prior ~ the actual quarterly meeting. Therefore, the inconvenience factor for already busy schedules has been reduced. The SRA board will ratify actions by the Executive Committee at quarterly meetings. The SRA chair of the Executive Committee has usually been an elected official. SRA has always encouraged participation by elected officials as much as possible. The past SRA executive committee has served the SRA well and consist of the following: Jim Keinath Chair Jim Gates Vice Chak John Wallin - Treasurer Steve O'Malley Tim Cruikshank Dave Osberg Todd Bennett To allow interested persons to serve on the executive committee, we welcome any nominations you have. To do so, you can contact me at 337-9233 to convey a nomination of someone else or yourself. Thank you for your continued participation in this vital Organization. JMS135920 SU160-3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com TO: FROM: DATE: RE: MEMORANDUM SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 ROW Task Force--Rulemaking JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMO g2 The ROW Task Force continued its work recently by submitting its comments to the PUC on suggested ROW rules arising out of the 1997 Minnesota Telecommunications legislation. As you know, the SRA was active in the Task Force process through legal counsel and John Flora in particular. There was consensus on some items, but wide division on others. Because the League of Cities was effectively able to take the lead in this time consuming process, I have pared way back on task force and rulemaking participation to save precious SRA budget funds. (See Memorandum 4/9). A copy of the League's comments to the PUC are available upon request. The ROW Model Ordinance was discussed and industry comments were helpful in making the ordinance a more workable document. It is not yet in a form where we can make any assurance that it will not be challenged by industry. It is necessary, however, for cities to enact ordinances similar to the Model to prepare for this upcoming construction season. If any issues arise that are challenged under the 1997 legislation, SRA counsel or your city attorney is available for advice. Copies of the model ordinance are available upon request. Several cities are in the process of preparing ROW ordinances. There will be a number of versions in place before the upcoming construction season. I do not recommend active SRA participation in the rulemaking. However important this issue is, the SRA cities are already contributing to the League for representation. In my opinion, the League is providing excellent representation and though I want to be apprised, there is no need for duplication. The SRA is involved in other unique proceeding in which the League is not participating. JMS136055 SUt60-3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 teleph0n..e (612) 337-9310 fax e-mail: attys@kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMORANDUM MEMO #3 TO: FROM: DATE: RE: SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 US West Cost Proceedings The US West cost proceeding continues into the testimony and hearing phase beginning in early 1998. The SRA has intervened in this proceeding which establishes the actual cost of providing telephone services to customers in the Twin Cities area, as well as statewide. Because of budget considerations, we have significantly reduced the time spent on this proceeding. As it progresses, issues of deaveraging as they may affect SRA cities will need to be addressed. At that time, we can respond through our expert, Basil Copeland. As you know, the competitors to US West as well as the Department of Public Service have asserted that the average monthly cost per loop (customer) is approximately $12 to $13. US West argues that the actual cost per loop is closer to $30 a month. There are literally hundreds of technical variables and assumptions that cause the dramatic difference in those numbers. US West takes a replacement cost approach in establishing the high number rather than embedded cost. To date, the PUC has sided with the lower figures and US West must lease its equipment to competitors at the $12 to $13 rate. This keeps the rates down for the benefit of consumers. US West is challenging this ruling and litigation generally is preventing new competitors from entering local phone service the market. JM3136060 SU160-3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.corn JAMES M. STROMMEN MEMORANDUM Attomey at Law Direct Dial (612) 337-9233 MEMO #4 TO: FROM: DATE: RE: SRA City Managers/Administrators/Board Members/Alternates Dan Greensweig, Kennedy & Graven January 6, 1998 EAS AGREEMENTS Early in 1997, the SRA board authorized intervention into a PUC proceeding where existing Extended Area Service (EAS) agreements between e.g. US West and Frontier would be examined in light of the Telecommunications Act. If these agreements were terminated, the rates of customers in Burnsville would be affected. On December 9, 1997, the PUC established a task force to study issues raised by proposed changes to extended area service (EAS) agreements. The as-yet unidentified members of the task force are to consider the role of EAS agreements in light of the 1996 Telecommunications Act, and the effect of the Act on existing EAS agreements. In the PUC's words, however, "the existence of other important regulatory work currently before the Commission raises significant timing and priority considerations and, as the SRA properly cautions, careful consideration of potentially far-reaching implications of decisions in this area is essential." This suggests that any changes in this area will be undertaken only after thorough review by the PUC and are not likely to occur in the near future. In the interim, we will continue to review information provided by the PUC and evaluate whether increased SRA involvement is recommended. DJ3136024 77160-32 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMO #5 MEMORANDUM TO: FROM: DATE: RE: SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 Area Code Reconsideration As you may have read in the newspapers, US West sought to set aside or modify the PUC's original order requiring the new area code boundaries to be along municipal lines. The hearing was held on December 30, 1997 where the arguments were made by the parties. The SRA took an active role in opposing US West and recommending that the PUC to reaffirm its order and establish a standard for area code divisions within densely populated areas throughout the country, i.e. municipal boundaries. The PUC's order is the first of its type in the country. The PUC reaffirmed its order requiring US West and Frontier to draw area code boundaries along municipal lines. In addition, Bumsville, Lakeville and Apple Valley were allowed to remain in the 612 area code. Potentially as significant, was the clear affirmation by the PUC that any future area code splits through St. Louis Park, Edina, Bloomington, Golden Valley must be along municipal lines. US West made every effort to seek an area code boundary along wire center boundaries affected cities including Lino Lakes, Shoreview, and New Brighton. Portions of these cities would have been in different area codes had US West proposal been accepted. The primary arguments were cost and technical ability to carry out the desired splits. SRA argued that US West had avoided this issue throughout the proceeding and was not definite or clear about the cost or feasibility. JMS135924 SU160-3 It was not clear until the deliberation, however, that the PUC was not going to acquiesce to wire center boundaries, primarily because of the timing concern. While the Department of Public Service provided the critical technical assistance, the SRA was the sole or primary initial proponent of the SRA municipal boundaries position. SRA and DPS also argued to move the area code boundaries to include Burnsville, Lakeville and Apple Valley. Frontier Telephone, serving the suburbs south of Burnsville, was very helpful and accommodating in this process. Frontier agreed to draw its area code boundaries along municipal lines, while US West resisted. JMS135924 SU160-3 2 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMORANDUM MEMO g6 TO: FROM: DATE: RE: SPA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 NSP Gas Filing NSP gas filed a rate increase request on December 2, 1997. No intervention schedule has been set yet. NSP is proposing several changes to its current customer classification system and is further proposing rate changes for its gas customers. The company's proposals can be summarized as follows: The current Large Volume Interruptible service class will be split into a Large Interruptible service class and a Medium Interruptible service class. The Large Volume Interruptible service class will consist of three customers, each using over 10,000,000 therms per year. The monthly customer charge for this class will go from $275 to $450. The effective commodity rate will remain at $0.235420/therm. The class as a whole will see an increase of approximately 0.1%. The Medium Interruptible service class will include 111 customers, each of which use from 116,700 to 5,669,000 therms per year. The monthly customer charge for this class will go from $275 (at the current Large Volume class rate) to $300. The effective commodity rate will increase from $0.23542 to $0.24316/therm. The class as a whole will see an increase of 2.8%. The Small Interruptible service class will include about 450 customers, each of which uses approximately 90,000 therms per year. The monthly customer charge for this class JMS236063 $U160-3 o will remain at $100. The effective commodity rate will increase from $0.29185 to $0.9797/therm. The class as a whole will see an increase of 2.0%. The current Commercial and Industrial service class will be split into a Large Commercial service class and a Small Commercial service class. The Large Commercial service class will include about 8,597 customers, each using more than 6,000 therms per year. The monthly customer charge for this class will increase from $14 to $22. The effective commodity rate will increase from $0.43584 to $0.42565/therm for summer rates and from $0.43584 to $0.46517/therm for winter rates. The monthly change in the bill will vary drastically, but will be an increase 0.1% for customers using 750 therms/month in the summer and an increase of 8.8% for customers using 750 therms/month in the winter. The class as a whole will see an increase of 5.5%. The Small Commercial service class will include about 18,083 customers, each using 6,000 or fewer therms per year. The monthly customer charge for this class will decrease from $14 to $10. The effective commodity rate will increase from $0.43584 to $0.44965/therm for summer rates and from $0.43584 to $0.48917/therm for winter rates. The monthly change in the bill will vary drastically, but will be a decrease of 0.4% for customers using 250 therms/month in the summer and an increase of 7.6% for customers using 250 therms/month in the winter. The class as a whole will see an increase of 3.8%. The monthly customer charge for approximately 316,000 residential class customers will increase from $6 to $7. The effective commodity rate will decrease from $0.47061 to $0.46758/therm for summer rates and increase from $0.47061 to $0.50710/therm for winter rates. The monthly change in the bill will vary drastically, but will be an increase of 4.5% for customers using 30 therms/month in the summer and an increase of 8.3% for customers using 200 therms/month in the winter. The class as a whole will see an increase of 6.9%. JMS136063 SU160-3 2 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com MEMORANDUM JAMES M. STROMMEN Attomey at Law Direct Dial (612) 337-9233 MEMO g'/ TO: FROM: DATE: RE: SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 US West Alternative Regulation Rate Filing On October 21, 1997, US West filed a petition with the PUC seeking approval of an alterative form of regulation CAFOR") freezing basic rates for three years while allowing certain other charges to rise during that time. This is not a contested case hearing, but rather a "notice and comment" type of proceeding. The DPS and PUC staff reviews the filing for completeness. There are a couple of issues that come to mind affecting SRA interests or customer interest in general. First, US West seeks the authority to pass through charges by local governments, including franchise fees (which are currently prohibited), taxes and "other special charges." It is not clear what US West means by other special charges. It is my concern that it will seek to pass through as a line item on customer's bills police power recovery of costs that are part of the new legislation. This should not be allowed. Second, US West states that it will seek to deaverage rates if required by law. This refers to the deaveraging of a generic cost proceeding and legislative study. Deaveraging may be required by law and thus, be beyond the scope of any opposition the SRA could provide. It is not a current issue, but should be addressed if and when such deaveraging takes place. Finally, it is not at all clear that deaveraging will harm SRA cities. It is possible that rates would be reduced from the current flat rate design, particularly in the more densely populated suburbs. Because the deadlines for comments is prior to the meeting and the "special charges" issue needs clarification, I suggest the executive committee authorizes intervention and comment on the "special charges" proposal. If you have any questions or comments about this US West filing, please call 337-9233. JMS135926 SU160-3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMORANDUM MEMO g8 TO: FROM: DATE: RE: City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 Electric-Telephone Undergrounding Issue I am involved in a lawsuit brought by NSP against the City of Oakdale regarding the City's right to require the undergrounding of electric lines in its right-of-way. The matter has been argued before a District Court Judge in Washington County, Susan Rester Miles (whom some of you may know from cable representation when she was a private attorney). NSP is attempting to make this a test case and essentially makes two arguments: 1. Cities do not have the right to requiring the undergrounding of electric lines on city ROW even if the cities pay for the incremental additional cost incurred by NSP. 2. Cities do not have the right to require undergrounding and not pay for the additional incremental cost (over and above the cost of overhead wires). We have argued that the City has both rights granted by the legislature. The second issue is more debatable under the law. Essentially, it means if an electric utility incurs an additional "x" dollars to underground a line, that PUC rules require the municipality to pay for that additional amount up front. If cities are not required to do that under legislative framework, that additional cost is absorbed by the general, not city resident, ratepayers. I will keep you apprised of the development of that case. The telecom utilities are also interested in challenging a city's right to require undergrounding. JMS136067 $U160-3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMORANDUM MEMO g9 TO: FROM: DATE: RE: SRA City Managers/Administrators/Directors/Alternates Jim Strommen January 6, 1998 Needs of SRA This is a time of unprecedented importance for the SRA. The utility industry is in significant transition from regulated monopoly to competition. This not only includes utility, but also gas and electric. Cities face a number of issues including control of the right-of-way, recovery of costs, franchise agreements, franchise fee formulas, deaveraging of rates affecting suburbs, area code changes, electric deregulation and gas deregulation, raising all of the issues affecting municipalities as regulatory bodies and as customers. The SRA has had some significant successes recently. The most recent is the area code change along municipal boundaries, the first of its type in the United States. With this active and unique set of issues, however, goes the need to live within the SRA budget. The SRA budget allows the monitoring of several proceedings and active participation in only one or two annually. Thus, we need to make tough choices about what issues are more or less important to the SRA. The issues on the agenda for this annual meeting present that type of dilemma. The unexpected intensity of the area code issue and the Right-of-Way Task Force have created a strain on the budget for 1998. We will be seeking direction from the Board regarding options for the SRA in 1998 and 1999. JMS136076 SU160-3 CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com MEMORANDUM JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 MEMO gl0 TO: FROM: SRA City Managers/Administrators/Directors/Alternates Jim Strommen DATE: RE: January 6, 1998 Telephone Resellers and "Facilities-Based" Providers Many SRA cities have been receiving notice of application to the PUC by telecommunications resellers and "facilities-based" providers, e.g. North American Telecom. Cities need not be concerned with these applications at this point. Nor is it necessary for the SPA to intervene in the PUC proceedings. The resellers are by definition not facilities-based and simply buy excess capacity from US West or other providers. This has no affect on municipal regulatory issues as these resellers do nothing more than buy excess capacity from incumbent providers. Similarly, the facilities-based providers that are applying to the PUC will not be digging up the right-of-way--at this point in time. I was in communication with North American Telecom. Their current approach is to establish some switching equipment near a local provider's central office, on private property. There is no public property affected by these facilities-based providers. The type of additional competition that can affect cities significantly is with parallel facilities construction and competitive access providers, such as those dealing currently with the City of Hopkins. Cities' authority over telecommunication carriers is limited to "managing their rights- of-way." If that is not done, rates and services provided by these new entrance are issues for the PUC, not cities. The Right-of-Way Task Force has attempted to establish the framework within which all utilities using the ROW can be coordinated by cities in a manner that allows sufficient cost recovery and void clutter or unsightliness. If you have any further questions on these matters, please call. JMS136082 S'JI60-3 .E2 :-U = READING AND YOUR COMMUNITY... Cell Master NSP's automated meters are equipped with a radio transmitter that allows us to read them remotely. Following are the major steps that will be taken in each community: · Communities are sent a letter introducing the project · Communities are contacted by an NSP representa- tive regarding the network installation and meter automation in their community · After CellNet and NSP receive approval, MicroCell Controllers are installed · Customers have an automated meter installed · NSP meter readers continue to read meters manually for up to three months to ensure the network is working appropriately · NSP bills offthe automated meter reading · Customers receive a monthly NSP bill that looks the same as it does now MicroCellController CONTENTS League Staff ............................................................ iii Legislative Policy Committee Members ...................................... iv Policy Development Process ............................................... vi Statement of Intent ....................................................... vii PART I -- 1998 POLICY GUIDELINE Improving Community Life CL- 1. Livable Communities ............................................. 1 PART II -- 1998 CITY POLICIES General Policy Statement .................................................. 3 Improving Fiscal Futures FF-1. FF-2. FF-3. FF-4. FF-5. FF-6. FF-7. FF-8. FF-9. FF-IO. FF-11. FF-12. FF-13. FF-14. FF-15. FF-16. State-Local Fiscal Relations ........................................ 4 State Shared Revenues ............................................ 5 Taxation of Municipal Bond Interest ................................. 5 City Fiscal Year ................................................. 5 Sales Tax on Local Government Purchases ............................ 5 Delinquent Property Tax Penalties and Interest ......................... 6 Payments for Services to Tax-Exempt Property ........................ 6 Truth-in-Taxation ................................................ 6 State Deductions from LGA ....................................... 6 Reporting Requirements ........................................... 6 Federal Budget Cutbacks .......................................... 7 Local Performance Aid ............................................ 7 Price of Government .............................................. 7 Development Fees ................................................ 8 Residential Nonhomestead Property Tax Relief ......................... 8 Electric Utility Taxation ........................................... 8 Improving Local Economies LE-1. LE-2. LE-3. LE-4. Tax Incement Financing .......................................... 9 Property Tax Reform. Levy Limits. and TIF .......................... 11 Economic Development Programs ................................... 11 Redevelopment of Developed Communities ........................... 12 1998 City Policies LE-5. LE-6. LE-7. LE-8. LE-9. LE-10. LE-11. LE-12. LE-13. LE-14. LE-15. LE-16. LE-17. LE-18. LE-19. LE-20. LE-21. LE-22. Property Tax Abatement Authority .................................. 12 Brownfields .................................................... 13 Growxh Management and Annexation ................................ 14 State and/or County Licensed Residential Facilities (group homes) ......... 14 Affordable Housing .............................................. 15 City Role in Telecommunications ................................... 16 Redesign of Electric Utility Regulation .............................. 18 Adequate Funding for Transportation ................................. 1 t) State Aid for Urban Road Systems ................................... 19 State Aid Roads for Contiguous Cities Under 5,000 ..................... l 9 Turnbacks of County and State Roads ................................ 20 Cooperation Between Counties and Cities Over County Roads Within Cities .............................................. 20 Management of Rights-of-Way ..................................... 21 Communications Infrastructure ..................................... 21 Effective Telecommunications Competition ........................... 22 Local Zoning Regulation of Telecommunications Service Providers ........ 22 ISTEA Reauthorization ............................................ 22 Workforce Readiness ............................................. 23 Improving Service Delivery SD-1. SD-2. SD-3. SD-4. $D-5. SD-6. SD-7. SD-8. SD-9. SD-10. SD-Ii. SD-12. SD-13. SD-14. SD-15. SD-16. Redesigning and Reinventing Government ............................ 24 Unfunded Mandates .............................................. 25 Civil Liability of Local Governments ................................ 25 Environmental Protection ......................................... 26 Personnel, Pensions, and Labor Relations ............................. 26 Election Issues .................................................. 28 Local Election Authority ........................................... 28 City Costs for Enforcing State and Local Laws ......................... 29 Access to Information Technology and Services ........................ 29 Lawful Gambling Fund Expenditures ................................. 30 Design-Build .................................................... 30 Mobile Home Park Oversight ....................................... 30 Proposed Plat Approval Authority ................................... 31 Providing Information to Citizens ................................... 31 Creating a Minnesota GIS Program .................................. 31 State Licensing of Massage Therapists ................................ 32 ii League of Minnesota Cities LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES Jim Miller, Executive Director Mandates, telecommunications Gary Carlson, Director of Intergovernmental Relations General revenue sources for cities including aid to cities and the property tax system, fiscal administration of cities, economic development and redevelopment, personnel, transportation Kevin Frazell, Director of Member Services Government innovation and cooperation Tom Grundhoefer, General Counsel General municipal governance, telecommunications Ann Higgins, Intergovernmental Relations Representative Telecommunications, housing, elections and ethics, utility service districts, transportation Andrea Stearns, Intergovernmental Relations Representative Tax increment financing, land use, ethics, economic development and redevelopment, fiscal issues, housing, public safety, general municipal governance Remi Stone, Intergovernmental Relations Representative Growth management and land use, environmental protection, personnel Eric Willette, Legislative Policy Analyst General revenue sources for cities including aid to cities and the property tax system, fiscal administration of cities, pensions 1998 City Policies Ul Legislative Policy Committee Members Improving Community Life Sue Gehrz, Chair, Mayor, Falcon Heights Jean Andre, Assistant to Manager/HRA Coordinator, Golden Valley Jack Barlow, Councilmember, Lauderdale Bill Barnhart, Intergovernmental Relations, Minneapolis Robert Benke. Mayor New Brighton John Blahna, Mayor, Landfall Cathy Busho, Mayor, Rosemount Kathleen Carmody, Councilmember, Brooklyn Center Peter Connor. Mayor, Owatonna Lorenzo Davis, Administrative Intern, Eagan John Doyle, Councilmember, Marshall Michael Ericson, City Administrator, Watertown Pat Farrell. Chief of Police, Rochester Sharon Feess, Councilmember, Brooklyn Park Evelyn Fox, Councilmember, Breckenridge Wendy Gorham, Councilmember, Mora Harlan Gorath. Councilmember, Fairmont Arly Gunderman, Councilmember, New Brighton Vivian Hart, GTS, St. Paul Sue HenD'. Administrative Aide, St. Cloud Fran Hesch, Councilmember, Hopkins James Hurm, City Administrator, Shorewood John Jenkins, City Administrator, Ortonville Julianne Manship, Neighborhood Development Director, West St. Paul Sandra Masin, Councilmember, Eagan Roberta Megard, Councilmember, St. Paul James Mladek, Mayor, Montgomery Ed Mylnar. Mayor, Lester Prairie Deb Moran. Councilmember, Burnsville Larry Nicholson, Councilmember, Moorhead John Olinger, City Administrator, Mahtomedi lsobei Rapaich, Councilmember, Duluth Char Samuelson, Councilmember, New Brighton Barbara Sanderson, Councilmember, Grand Rapids Jolie Sasseville, Public Information Officer, Fergus Falls Betty Sindt. Councilmember, Lakeville Grant Thorstad, Police Officer/DARE Instructor, Rosemount Blair Tremere, Assistant City Manager, Prior Lake Dawn Weitzel, Interim Deputy Clerk, Mounds View Duane Zaun, Mayor, Lakeville Improving Fiscal Futures Joy Tierney, Chair, Mayor, Plymouth Steve Okins. Vice Chair. Finance Director, Willmar Dick Abraham. City Administrator, Lake City Karen Anderson. Mayor, Minnetonka David Beaudet, Councilmember, Oak Park Heights Steve Bjork, City Planner/Coordinator, St. Francis Thomas Butt, City Administrator, Rosemount Gino Businaro, Finance Director, Mound Dave Callister, Cit? Administrator, Osseo Henry. A. Duitsman, Mayor, Elk River Terry. Dussault, Assistant to Manager. Blaine (alternate) Gary Eitel, City Administrator. Rogers Charlotte Erickson, Administrator/Clerk, Minnetrista Jer%' Faust. Councilmember, St. Anthony Roger W. Fraser, City Manager, Blaine Rick Getschow, City Administrator, Hector John Gretz, City Administrator, Apple Valley Rod Hale. Councilmember, Cottage Grove Jeff Haubrich, Assistant Council Administrator, Red Wing Steve Helget, City Clerk/Administrator, Tyler Patrick Hentges, City Manager, Mankato Susan Hoyt. City Administrator, Falcon Heights Bill Huepenbecker, Intergovernmental Director, St. Paul Greg Isaackson, Clerk-Administrator, Cottonwood Joel Jamnik, Campbell Knutson, Eagan Barbara Jeanetta, Assistant to Manager, New Brighton Elizabeth Kautz, Mayor, Burnsville James Keinath, City Administrator, Circle Pines Dennis Kraft, City Manager, Robbinsdale Lynn Lander, City Administrator, Hermantown Bob [.arson, City Administrator, Deephaven Ann Lenczewski, Councilmember, Bloomington Kathy Lueckert, Assistant City Manager, Plymouth Wes Mader, Councilmember, Prior Lake Michael McGuire, City Manager, Maplewood Steve Mielke, City Manager, Hopkins El Mlynar, Mayor, Lester Prairie John Molt. Finance Department, Minneapolis Ruth Nelsen, City Clerk, Hilltop Gary. Neumann, Assistant Administrator, Rochester John Perino, Mayor, Alexandria David Pokorney, City Administrator, Chaska Bryan Read, City Administrator, Montgomery Douglas Reeder, City Administrator, South St. Paul John W. Remkus, Finance Director. West St. Paul Robert Rys, City Administrator, Minnesota Lake Ryan Schroeder, City Administrator, Ramsey Alfred Schumann, Mayor, Eyota James Smith, Councilmember, Independence iv League of Minnesota Cities Gerald Sorenson, Administrative Services Director, Moorhead Pete Stolley, Public Works, Northfield Malcolm Tilberg, City Manager, St. James David UrNa, City, Administrator, Blue Earth Gene VanOverbeke, Finance Director, Eagan Jeff VanWychen, Intergovernmental Relations, Minneapolis (alternate) Daniel Vogt, Cit,~ Administrator, Brainerd Bill Waller. City Administrator, LaCrescent Chuck Whiting, Clerk Administrator, Mounds View James Willis, City Administrator, Inver Grove Heights Donn Wiski, Councilmember, Roseville Improving Local Economies Bonnie Cumberland, Chair, Mayor, Brainerd Duane Zahn, Vice Chair, Mayor, Lakeville Kirsten Barsness. Economic Development Director, Cottage Grove David Beaudet, Councilmember. Oak Park Heights Jerry Bohnsack, City' Administrator, New Prague Gerald Brevet, City Administrator, Staples Kevin Carroll, Councilmember, Rosemount Victoria Cox, Councilmember, White Bear Lake James Daniels, Administrator, Lake Minnetonka Communications Commission, Excelsior Leo W. Eldred, Councilmember, Moorhead Michael Ericson, City Administrator, Watertown Keith Ford, Community Development Agency, Minneapolis Matt Fulton, City Manager, New Brighton Allen Greenfield, Councilmember, Prior Lake Tom Hansen, Deputy Manager Administrative Enterprises, Burnsville Duane Hebert, City Administrator, Renville Pat Heldt. Councilmember, Alexandria Jon Hohenstein, Assistant to Administrator, Eagan Bill Huepenbecker, Intergovernmental Relations Director, St. Paul Marvin Johnson. Mayor, Independence Ronald Johnson. City Administrator, Zumbrota Steven C. Jones, City Administrator. Mora Andrea Hart Kajer, Intergovernmental Relations DIrector, Minneapolis {'alternate) Randy A. Kolb, Councihnember, Blaine Edward R. Larson, City Manager, Morris Larry Lee, Community Development Director, Bloomington Greg Lerud, City.' Manager, Milaca Don Levens, City Administrator, Cokato James L. Mladek, Mayor, Montgomery Ron Moorse, City Administrator, Orono E. Craig Morris, Mayor, Lakeland Mark Nagel, City Manager, Anoka Rhoda Newlin, Councilmember, Red Wing James Norman, City Manager. Montevideo Bruce Peterson, Community Development Director, Willmar Dan Rogness, Community Development Director, Rosemount Joe Rudberg, City Administrator, Becket Terry Schneider, Councilmember, Minnetonka Chad Shryock, City Administrator, Eagle Lake Robert Therres, City Administrator, Sartell Brian Wagner, City Coordinator, Lakefield Craig Waldron, City Administrator, Oakdale Daniel Wall, Mayor, Roseville Denny Wilde, City Administrator, Paynesville Betty Zachmann, City Clerk-Treasurer, Winsted Improving Service Delivery David M. Senjem, Chair, Councilmember. Rochester Jerry Dulgar, Vice Chair, City Manager, Crystal Patricia Crawford, Clerk-Treasurer, Motley Laurie Elliott, Personnel Coordinator, Shoreview Brian Fritsinger, City Administrator, Arden Hills Theresa Goble, Finance Director, Brainerd Ken Hartung, City Administrator, Bayport Mimi Hasselbalch, Councilmember, Vadnais Heights Andrea Hart Kajer, Intergovernmental Relations Director, Minneapolis (alternate) Mark Karnowski, City Administrator, Lindstrom Kay Kuhlmann, Council Administrator, Red Wing Myrna Maikkula. City Clerk, Brooklyn Park Kay McAloney. Personnel Director, Anoka MaD' Helen Mische, Intergovernmental Relations Assistant, St. Paul Judd Mowry, Councihnember, Tonka Bay Susan Olesen, Clerk, Burnsville Desyl Peterson, City Attorney, Minnetonka Isabel Rapaich, Councilmember, Duluth Dan Scott, City Manager, North St. Paul Ceil Smith. Assistant to City Manager, Edina Glenda Spiotta, City Administrator, Carver Jovce Swadner, Elections Office, Minneapolis Blair Tremere. Assistant City Manager. Prior Lake Joyce Twistol, Personnel Director/City Clerk, Blaine Kurt Ulrich, City Administrator, Champlin Susan Walsh, Administrative Assistant, Rosemount Rena Weber, Clerk/Coordinator, Cold Spring Liz Witt, Administrative Assistant, Eagan Krista Witty, MVCOG Director, Mankato Wally Wysopal, Assistant to Manager/Personnel Officer, St. Louis Park 1998 City Policies League of Minnesota Cities Policy Development Process The League's policy development process has taken place over the past five months. The process began with a member survey of priority issues facing city officials. The process will not end with the policy adoption conference. The conunittees will schedule additional meetings during the upcoming legislative session to discuss additional issues, develop alternative solutions and to discuss strategies to implement the League's policies. Listed below is a brief chronology of the major events in the policy development process. At each step. members have the opportunity to participate in the development process. April/May The League solicits members for ideas and problems. A survey at the Annual Conference allows members to formally suggest topics. June The League President accepts applications for committees and appoints policy committee members. The policy committees are: Improving Fiscal Futures Committee Improving Local Economies Improving Service Delivery In addition, the Improving Community Life Committee meets on a regular basis to discuss issues affecting "livable communities" and to develop the Improving Community Life policy guideline. July Committees meet to discuss issues raised in member survey. Commitees can also form task forces to more thoroughly study specific issues. Task forces can include noncity members with a knowledge of the focus issue. August through September Committees and task forces meet to discuss issues and problems, accept testimony and develop policy statements. October Legislative Committee meets to finalize policies. The Legislative Committee is comprised of the League's Board of Directors and the chairs/vice chairs of the four above-mentioned committees. November Policy Adoption Conference. Members have the opportunity to discuss the draft policies, propose changes, and suggest additional policies for membership consideration. December The Board adopts the Legislative Action Plan. based on input ffomthe Policy Adoption Conference. January through May Legislative Session. During the session, the policy committees and task forces will continue to meet on issues and strategies. Members can assist the League's legislative efforts by volunteering to contact legislators on a variety of issues of interest to our cities. vi League of Minnesota Cities Statement of Intent There are many problems which limit the effectiveness of city government to improve community life, improve the fiscal future and service delivery of city government, and to improve the local economy. What follows are statements of the problems facing cities and the solutions proposed to help resolve these problems. These statements of problems and proposed solutions form the policy of the League of Minnesota Cities. Additional and alternative solutions to these problems may be proposed after the Policy Adoption Conference and the members of the League authorize its Board of Directors to consider and support additional or alternative solutions, if necessary, to resolve the problems identified in this policy statement. 1998 City Policies vii Part I 1998 Policy Guidelines IMPROVING COMMUNITY LIFE CL-1. Livable Communities To the greatest extent possible, legislation affecting communities at the state and federal level should enhance, not diminish, the ability of citizens, businesses, and local governments to work together in partnership to make every community "livable." PROBLEM: Cities in Minnesota are at various stages in m,eeting the goal of being "livable communities." SOLUTION: The definition of a "livable community" below will be used to evaluate proposed legislation to determine whether or not it advances the goal of enabling all Minnesota cities to become livable communities. It should also be used by cities to evaluate their progress toward the goal of becoming livable communities. A LIVABLE COMMUNITY IS: WHERE PEOPLE OF ALL AGES share a core of common values including valuing diversity, respect for each other, and good citizenship feel: * safe * a sense of belonging * welcome engage in life-long learning activities that: * prepare them for responsible citizenship * enhance the enjoyment of life * prepare them for changing job markets participate in the decision-making process of community leaders · celebrate community · want to make their home 1998 City Policies /.to · have access to: * good paying jobs * adequate and affordable housing * choice of efficient transportation systems including transit, pedestrians, and bicycles * gathering places * desired information * choice of cultural and recreational activities * affordable goods and services, including health care · are involved in the nurturing of youth · care about their homes, community, and the environment · get to know each other · have the benefit of strong family support and nurturing adults · WHERE LOCAL GOVERNMENT · is responsive to the needs of its citizens · is actively supported by enthusiastic volunteers · is open and user friendly · encourages and implements cooperation and collaboration · provides and maintains an adequate physical infrastructure and promotes social infrastructure to meet local needs · educates citizens of all ages on local, regional, and state issues and government processes · informs and communicates with citizens to foster participation in public policy decision-making · participates in youth development League of Minnesota Cities Part II 1998 City Policies General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a Yehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 815 of Minnesota's 853 cities as well as 12 urban towns and 24 special districts. All sizes of communities are represented among the League's members (the largest nonmember city has a population of 163) and each region of the state is represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies. 1. There is a need for a governmental system which allows flexibility and authority for cities to meet challenges of governing and providing 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 The financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and local governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well-being of city residents. 1998 City Policies IMPROVING FISCAL FUTURES FF-1. State-Local Fiscal Relations circumstances: Issue: Minnesota's state and local government finance system is complex and intertwined. Cities rely on their partnership with the state to provide local services. On the other hand, the needs and desires of Minnesota's communities are many and wide-ranging. While the state's revenue-sharing system has been regarded as innovative and helpful, there exists a growing need for local elected officials, those closest to the electorate, to be responsive to the service needs of the local citizenry. To that end, cities need discretion and flexibility in determining local revenues. diversify available city revenue sources by generally authorizing local taxes that reduce reliance on the property tax; and reduce the property tax burden for all classes of property by increasing the state share of school funding. Any increase in the state share of school funding must guarantee a permanent reduction in the local property tax burden. The League supports paying for the increased state costs through income and sales taxes. The 1997 legislature made changes to Minnesota's property tax system that will impact the ability of local governments to fund necessary services. The reimposition of levy limits, significant class rate compression, and changes in state funding of schools all may have unintended consequences. Response: As the legislature considers additional property tax changes in 1998, it should: carefully analyze the combined impacts of the 1997 tax bill and changing economic circumstances on the taxpayer and on local governments so that policymakers can better understand where the system may need further changes; repeal levy limits, which are inefficient, ineffective, interfere with local accountability and ignore local The legislature should not: replace all or part of LGA or HACA with state-mandated categorical aid programs, or local option taxing authority: switch from the classification system to a market value based system, which would cause tremendous shifts of tax burden between classes of property. The League also opposes applying all future levy increases to market value because this would further complicate the property tax system; interfere in local decision making regarding service delivery; impose a state-levied property tax; and · cut LGA or HACA to finance an 4 League of Minnesota Cities increased state role in school finance. FF-2. State Shared Revenues Issue: State revenue sharing programs address at least three problems with a stand-alone local government finance system. First, the property tax base available to communities can vary dramatically. These programs use state resources to equalize the ability of communities to provide essential services without undue property tax burdens for local residents. Second, nonresidents can take advantage of local services or create additional demands for services without contributing to the taxes that support these services. LGA and HACA help address the free rider problem where nonpaying individuals consume services without contributing to the local tax base. Third, allowing local units of government in Minnesota to only levy the property tax has created an over-reliance on the property tax. LGA and HACA can reduce the overall reliance of local governments on the property tax. Response: LGA and HACA, or similar replacement revenues, must be continued and additional state resources greater than the rate of inflation must be allocated to prevent rapid future property tax increases. In addition, the HACA household growth factor for cities should be reinstated. FF-3. Taxation of Municipal Bond Interest Issue: The state law that grants a tax exemption for municipal bond interest is 1998 City Policies being reviewed and could be repealed. repeal of this exemption will raise borrowing costs for cities. A Response: The state should maintain the tax exemption for municipal bond interest income. FF-4. City Fiscal Year Issue: The fiscal years for the state and cities are offset by six months. The state fiscal year begins on July 1 while the city fiscal year begins on January 1. Lawmakers have proposed changing the city fiscal year to coincide with the state. Such a change, while providing questionable benefits for cities, would not correspond with the current property tax cycle, impair historical comparisons of data, force cities to retool accounting systems, will adversely impact city credit ratings, and could result in state funding gaps. Response: The state should maintain current law and not change the city fiscal year to coincide with the state fiscal year. FF-5. Sales Tax on Local Government Purchases Issue: In 1992 when the state was experiencing a budget shortfall, the legislature repealed the sales tax exemption for local government purchases. This action currently costs local governments an estimated $77.5 million annually. Because no additional state aids were added to offset the additional cost, this repeal has effectively increased local property taxes to finance state operations. Response: The state should reinstate the sales t~LX exemption for all local government purchases. The exemption must not be coupled with cuts in LGA or HACA. FF-6. Delinquent Property Tax Penalties and Interest Issue: Although city finances are affected by property tax delinquencies, cities do not receive any associated penalties and interest on these delinquencies. Penalties and interest are split evenly between counties and schools. Response: Cities and counties should receive a pro-rata distribution of 50 percent of the penalties and interest collected on delinquent property taxes with the remaining 50 percent to be distributed to schools. FF-7. Payments for Services to Tax-Exempt Property Issue: Taxable property in many cities is being acquired by nonprofit and government entities. Converting the property to tax-exempt status can lead to a serious tax base erosion without any corresponding reduction in the service needs created by the property. Response: Cities should be allowed to collect payments to cover costs of service in-lieu of property taxes or special assessments from statutorily exempt property owners. FF-8. Truth-in-Taxation Issue: The legislature created the truth in taxation process in 1993 as a replacement for state-mandated levy limits. 6 The 1997 legislature re-enacted levy limits for many cities, yet the truth in taxation requirements remain. The 1997 legislature also changed the parcel-specific notice of proposed property taxes to separate the effects of local spending decisions on proposed taxes from the effects of factors beyond local control such as changes in valuation or legislative changes to the class rates or state aids. Response: Changes made in 1997 ro the truth in taxation notice will hopefully clarify the roles and responsibilities of the state and local governments. But modifications may be necessary if the new form proves to be too confusing to taxpayers. In addition, cities need more flexibility in the truth in taxation process. Cities should be able to schedule their initial hearings that may conflict with others' hearings, if no other dates are available. Cities should have the authority to increase the final levy from the preliminary levy. FF-9. State Deductions from LGA Issue: State administrative costs are deducted from the LGA appropriation. This reduces the property tax relief provided by LGA and creates hidden appropriations for state agencies. Response: All appropriations from LGA resources that fund state operations should be repealed. FF-10. Reporting Requirements Issue: Budget and financial reporting requirements imposed on cities by the state otlen result in duplication and additional COSTS. League of Minnesota Cities Response: Requirements for reporting and advertising financial and budget information should be carefully weighed to balance the validity of the state's need for additional information with the costs and burdens of compiling and submitting thi~ information. In addition, all state agencies should be aware of the information already required by others to avoid duplication of reporting requirements. FF-11. Federal Budget Cutbacks Issue: Congressional actions to balance the federal budget will reduce federal assistance to the state and to local governments. Response: The state should not reduce aids or increase fees to local governments as a means for dealing with cutbacks in federal revenues. The state should take responsibility for reductions in federal revenues rather than placing the burden on cities and their property taxpayers. FF-12. Local Performance Aid Issue: When the 1996 legislature created the local performance aid program, the legislation was vague and the program was partially funded by cuts in HACA. In the future, the requirements for applying for the aid could become an onerous mandate on cities and undermine local decision-making. Response: The League strongly supports efforts by cities to improve the efficiency and effectiveness of their operations, including exercises such as performance measurement systems. However, these efforts should be local initiatives rather than state mandated actions. Therefore, the League opposes LPA. If local performance aid is to be continued: The law must be clarified and the qualification requirements must be attainable by all cities regardless of city size or staffing levels. Ail additional funding must come from new revenue sources rather than shifts of aid from other programs such as LGA and HACA. The program must not become an onerous mandate requiring additional city resources. Any information on individual cities that is collected from the program must not be used to simplistically compare cities. FF-13. Price of Government Issue: The price of government legislation enacted in 1994 was intended to measure the overall effect of state and local taxation over a long period of time. The targets measure government revenues as a percent of personal income. Unfortunately, the targets have been misinterpreted and used unfairly to criticize city tax and budget decisions. Response: The price of government statutes as they apply to local governments should be repealed. If the price of government law is to continue to be applied to local governments, price of government calculations should be: · based on the sum of levy and state aid, not just levy; and 1998 City Policies based on long-term trends, not single year events. FF-14. Development Fees Issue: New development and the resulting growth creates an increased demand for public infrastructure and other public facilities. Severe constraints on local fiscal resources and dramatic forecasts for population growth have prompted cities to critically reconsider ways in which we pay for the inevitable costs associated with new development. Traditional financing methods tend to subsidize new- development at the expense of the existing community, discourage sound land use planning, place inefficient pressures on public facilities, and allow underutilization of existing infrastructure. Consequently, local communities are exploring methods to assure that new development pays its fair share of the true costs of growth. Given the existing authorization to impose fees on new development for water, sanitary and storm sewer, and park purposes, it seems reasonable to extend the concept to additional public infrastructure and facilities improvement also necessitated by new development. Response: The legislature should authorize cities to impose development fees so that new development pays its fair share of the off-site, as well as the on-site, costs of public infrastructure and other public facilities needed to adequately serve new development. FF-15. Residential Nonhomestead Property Tax Relief Issue: Residential nonhomestead properties (one to three units) are in need of property tax relief. This is particularly true of duplexes and triplexes, which did not enjoy the same amount of property tax relief in the 1997 tax bill as did single unit rental property; therefore, these types of property should be taxed alike. Eliminating the distinction between single unit rental. duplexes, and triplexes will simplify the property tax system by eliminating a class of property. However, granting rental property' all the tax advantages of homesteaded property lnav decrease homeownership and could have a destabilizing impact on Minnesota cities. Homestead property should continue to enjoy preferential tax treatment relative to other classes of property. Under no circumstances should the class rate applied to residential nonhomestead property be less than the class rate that is applied to second- tier homestead property. Response: The League of Minnesota Cities supports maintaining the property tax distinction bet~veen homestead and rental property. The League also supports combining ali one to three unit nonhomestead residential property into a single class of property with a single class rate. This single class rate should be reduced to, but not below, the class rate currently applied to second-tier homestead and rental property. FF-16. Electric Utility Taxation Issue: Part of the discussion regarding possible deregulation of the electric power industry has centered on electric utility taxation. Proponents of deregulation assert that if effective free market competition is to replace governmental regulation, state tax policy must be changed to "level the playing field" or ensure competitive parity. The League of Minnesota Cities main focus of the Investor Owned Utilities (IOUs) so far has been removal of the attached machinery or personal property tax. Utilities subject to the tax argue that it places them at a competitive disadvantage to non-Minnesota companies, Rural Electric Cooperatives (Co-ops), and Municipals. However, accurate comparisons of tax burden are difficult, as other states use completely different taxing systems. Additionally, Co-ops do pay the tax on some of their property and Municipals make substantial payments in lieu of taxes. Utility personal property can be a significant portion of the local tax base in all cities. Most obviously affected are cities that have power plants; however, transmission and distribution equipment account for over half of the personal property taxes paid by the IOUs and exist in nearly every city. Replacing the revenue that would be lost to cities, counties, school districts, and other local taxing jurisdictions is a stated goal of the IOUs; however, the mechanics and funding source~ of such a replacement revenue would be difficult to develop and administer, and could be subject to reductions or elimination over time. Furthermore, replacement revenues or aids may not fully address the problems created by a large tax base reduction. Response: Cities oppose proposals for exempting the IOUs from the personal property, tax. Under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for lOUs. Any effort to remove the personal property tax must make cities and other local taxing jurisdictions whole in all respects. IMPROVING LOCAL ECONOMIES LE-1. Tax Increment Financing Issue: The State of Minnesota has effectively delegated the responsibility for economic development and redevelopment to cities. Unfortunately, neighboring states have given their cities more development tools and, therefore, cities in these states have a competitive advantage over Minnesota cities. In Minnesota, tax increment financing is the most viable tool available to all cities in their economic development and redevelopment efforts. The state, whether based on a lack of information or misinformation, has been critical of cities' use of the tool and has implemented a series of restrictions over the past several years rather than partnering with cities and encouraging their endeavors to improve and enhance the economic well- being of Minnesota and the growth and redevelopment of its cities. Cities, required to assume the financial risks associated with development decisions, have used tax increment financing responsibly and examples of these positive uses abound. A legislative task force was created by the 1997 legislature and directed to recodify the tax increment statutes for the purpose of simplification only, with no policy implications. Response: To effectively compete with other states, Minnesota must provide its cities greater flexibility in the use of tax increment financing and other economic development programs. In 1998 City Policies 9 light of substantial changes to the tax increment statutes over the past several years, the legislature should not make major policy changes in 1998. The state should partner with cities in economic development and redevelopment activities and encourage cities' use of tax increment in achieving the laudable goals of long-term tax base stabilization and gro~h, job creation, development of low-to-moderate income housing, remediation of pollution, elimination of · blight, recycling and redevelopment of the infrastructure, and redevelopment of its communities. Counties and school districts are appropriately involved in cities' development decisions through current "review and comment" requirements. The legislature should reject any recommendations from the TIF recodification task force which have policy implications. If 1998 becomes a year for major changes in TIF policy, the legislature should: · remove existing restrictions to property included in a deferred assessment program within the last five years (e.g., green acres); authorize any tax increment districts approved after April 1, 1990 to pool increments in the same manner as districts certified prior to April 1, 1990; in light of levy limits, eliminate the LGA/HACA penalty currently imposed on districts or allow an exception from levy limits. If the penalty is not eliminated, the restrictions on the source of payment should be removed; · expand the use of tax increment financing to assist in the development of technological infrastructure, job training, the restoration of historic structures and for non-retail commercial projects (e.g., software companies, banks, and insurance companies): · exempt redevelopment districts from the "five year rule;" and modify the housing district income qualification level requirements to allow the levels to vary according to those specific to individual communities. In an)' event, consistent with the legislative TIF task force's recodification, the 1998 legislature should make technical changes, including, but not limited to: requiring the Department of Revenue's definition of tax increment to be consistent with the new statutory definition of tax increment; authorizing the use of federal grants and other funds for local contributions; removing the LGA/HACA penalty imposed on housing districts established between the penalD' years of 1990 and 1993; requiring the Office of the State Auditor to simplify their TIF reporting forms in consultation with those required to complete the forms; authorizing TIF financial information to be published in a more simplified format so that it 10 League of Minnesota Cities provides the average taxpayer with useful information; and · providing cities with adequate administration financing. LE-2. Property Tax Reform, Levy Limits, and TIF Issue: Future proposals to reform the property tax system from the investor- owned utilities, commercial and industrial groups, or others could have significant implications tbr tax increment financing districts. For example, if property class rates are further compressed, existing tax increment financing districts could experience additional revenue shortfalls which, in turn, could jeopardize the repayment of outstanding debt or other obligations. Given the long-term nature of property tax reform, cities could not have anticipated the impact of the 1997 class rate changes nor can cities project the impact of future changes. The $2 million provided by the 1997 legislature for grants where the class rate changes cause TIF district deficits, while critically needed, is likely to be insufficient to cover every deficit, does not provide timely reimbursements, and is administratively contusing. Additionally, several cities have pledged only the city property tax portion to a project. Under levy limits imposed by the 1997 legislature, these cities will be unable to meet these obiiganons. Response: Any future proposals to reform the property tax system must provide for state resources in an amount sufficient to cover any and all TIF district deficits. Additionally, if the $2 million is insufficient to cover the deficits caused by the 1997 class rate changes, the legislature should provide additional 1998 CiD' Policies state resources so that TIF obligations can be met and third party bondholders are protected. The legislature should also bring clarification to the administration of the grant process and should require timely reimbursement. The legislature should repeal levy limits. The legislature should provide resources so projects for which only the city property tax portion has been pledged are held harmless frown the ramifications of property tax reform. LE-3. Economic Development Programs Issue: The Mim~esota Investment Fund is not adequately funded. The state does not authorize an adequate slate of tools for local governments to assist job creation, redevelop blight and decay, and provide adequate housing choices. Consequently, cities are not well equipped to compete nationally and internationally for business development. Response: More state resources should continue to be contributed to the Minnesota Investment Fund. In the event that the LGA/HACA penalty is not eliminated, a portion of the revenues should be contributed to the Minnesota Investment Fund. These funds would then be available for cities to retain businesses in the state and to attract business looking to relocate from other states. The state should establish a new grant program that would provide funds to cities to establish a 11 Revolving Loan Fund targeted to gap financing for projects creating jobs. The funds would be awarded to cities through a competitive grant program in which the award is based on community need and local development capacity. The approved applications would be funded strictly on the aforementioned criteria as well as the city's development program and development priorities. The state would not be in the business of reviewing projects with respect to specific companies and specific loans. These grants would be in an amount up to $250,000 and would facilitate four to five initial local loan projects. Local governments should be given the flexibility to utilize these funds throughout the city without any geographical restrictions. The funds to the communities would be used to develop subordinated mortgages that are integrated with the primary financing of a particular project. The loan could be utilized for retention as well as new jobs. The respective community would be required to "recapture" the funds and also to develop the appropriate collateral to protect the integrity of the Revolving Loan Fund. In the event that the LGA/HACA penalty is not eliminated, a portion of the revenues should also be contributed to the Revolving Loan Fund. Congress should remove the caps that have been placed on Industrial Development Bonds and acknowledge that the extensive eligibility requirements now adequately limit their use. LE- 4. Redevelopment of Developed Communities Issue: Developed communities across the State of Minnesota are faced with the unique circumstances of deteriorating. obsolete, and vacant structures in neighborhoods and do~'nto~vns and a lack of land for development. Redevelopment activities usually require large, up-front funds to address multi-phase projects of extensive duration where site assemblage. demolition, relocation, or pollution clean-up must occur before private-sector interest can be generated. The lack of a coherent statewide policy and the state's unwillingness thus far to provide financial support has and xvill continue to contribute to the increasing problem of urban sprawl. Response: In recognition of the unique needs of redevelopment projects, the state should make a commitment to reinvest in its developed communities and should undertake a comprehensive approach which provides financial assistance to address their redevelopment needs. LE-5. Property Tax Abatement Authority Issue: In an eftbrt to increase the number of development tools available, the 1997 legislature authorized local units of government to grant property tax abatements. While generally supportive of additional development tools, cities did not promote this legislation. Abatement authority was never intended to replace existing tax increment financing authority. Abatement is not an adequate replacement for TIF, particularly in redevelopment projects which typically have higher costs. 12 League of Minnesota Cities In addition, abatements were piacea ,,vici:m the parameters of levv limits, t!ms. tbr next ~wo years, the "increase" in taxes cannot be accessed zo :'aciiitate ?rojects: Response: I'IF is still the primac.' viable development tool available. Abatement authority should be available qut not be offered a~ a rail;mate to etiminateTIF, lfabaten~cu~:~a~h,rip, is t,) be at all e!~ctive, tax .dm~cment projec{s need to be considered "outside" af levv limits. LE-6. Bcownfietds Issue: Brownfiekls are lands tl',at are not suitable ,.%r de,.'ei,,pme:n duc to tlqe presence of chemical or other contaminants. Browi~fields are a maior cause of blight within cammunities acr~)ss the state through loss of local tax base. jobs. housing quality public sat~zv and community coafidence. Revitalizing ibis !and is costly :iild requires the cooperati,m of city. count,,, school, regi,mal, state t~deral zovernments and tl-~e assistnnce of !ocai eccmomic ~evelopment ,wganiz2tions and zltizens. As ,ye nl,.~v~ rotc: an eta '"* ~ afj(,bs is necussitv and where increased tax base is u requirement for local govermn¢nts to adequately tac: grov.'ing financial pressures, e~k)i'ts to t'evitalize brotvnfields ~11USt n()[ O!l{',' cofltillU¢ bu'[ bc accelerated m the uroct;mm~z vetil'5. Fhe 1997 iegisiatur¢ re-authorized 57 million for Departn:ent of 'i';nCc and Econ.'omic Dex, eiopment', ~'D'FEi); contammat¢d site thc Department's, i-,usc. Addi:iona!!>. 56.2 million x%~ili now Dc apprcpriatea annually from the Pcm)fund t,'~ DTED to be used clean petroleum-related contamination without thc ccquirzmcnt ~>~' aiq identifiable 1998 ('it', P,ticies Res!;o;z~'e~ A comprehensive set of economic 4 ..,,: ,,.., ~, ,,: ..::t, .n,(.at pr=;grams must be maintained for c~ties an~ other deve!opme~:~ 2~ende~. The legislature should: increa:-:e ~::~'.:.'i:'w. ?or the Depamnent of Ti'adc and Economic De"dopmc..,',l'~ c:mtaminated site clean-up fund: act to strengthen enforcement and col!cc:ion of ,,-evenues for the state ccntaminati(m co;,~ti::,.~e s~pport J'or and h'.nding of local and regional programs to assist in t~e efforts to t'emediate brownfields; estabi?;h a r::Ib:-funded program to allow cities and other deveh)pment authorities to oa;,'t control of and reclaim :md :-evitaiize brownfields; pro{?c: e:'dstinv: tax increnlent finn:wing pr.visions that provide for the r2mez~iatlan of brownfields and modiVv re:.t~'Sc~ans to allow the pooling of di.~t:'ict revenues to assist in the financing of remediation of l)rownfields: establish an ip. demnification fund to pre. vide q::.a'qcia] security for :"<~"+ "; "~' Ail~.] i,;div;duat~ as they invest ic elS:frs to recycle brow:l?ield:4 :.p. re'der to leverage pr!v'ate in~e,tment in cities' efforts to increase their tax base and create jobs: and * contip, ue ',:he pzt:'ofund as a financing 13 mechanism for cleaning contaminated sites. LE-7. Growth Management and Annexation Issue: Unplanned and uncontrolled urban growth has a negative environmental, fiscal, and governmental impact for cities, counties, and state governments because it increases the costs of providing government services and results in the loss of natural resource areas and prime agricultural land. Response: The League believes that the existing framework for guiding growth and development primarily through local plans and controls adopted by local governments should form the basis of a statewide planning policy and that the state should not adopt a mandatory comprehensive statewide planning process. Rather, the state should: provide additioual financial and technical assistance to local governments for cooperative planning and growth management issues, particularly where new comprehensive plans have been mandated by the legislature~ clearly establish the public purposes served by existing statewide controls such as shoreland zoning and wetlands conservation; clarify, simpli~', and streamline these controls; elinfinate duplication in their administration; and fully defend and hold harmless any local government sued for a "taking" as a result of executing state land use policies; give cities broader authority to extend their zoning, subdivision, and other land use 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; clearly define and differentiate between urban and rural development and restrict nrban growth outside city boundaries: require the Metropolitan Council to seek cooperation from the State of Wiscousin and counties (both Minnesota and Wisconsin) surrounding the metropolitan area to ensure responsible and controlled development, study expansion of Metropolitan Council authority in surrounding counties, and examine the positive and negative impacts of mandatory regional or local land use controls and state-imposed development standards; and facilitate the mmexation of urban land to cities by amending state statutes regulating annexation to make it easier for cities to annex developed or developing land within unincorporated areas. LE -8. State and/or County Licensed Residential Facilities (group homes) Issue: The need for more residential- based care facilities resulting from state policies makes it clear that the state must also ensure there is sufficient funding to assure that residents living in group homes and licensed facilities have appropriate care 14 League of Minnesota Cities and supervision. In view of the responsibilities cities have to accommodate group homes and residential-based facilities, it is important that state and county units of government make every effort to work with local officials to make sure that adequate care and public safety concerns are addressed. Cities must also be aware of special care needed by group home residents in case of public safety emergencies. Since operators of certain residential facilities and services are not required to notify cities when they intend to purchase housing for this purpose, cities have insufficient opportunity to address special care and public safety needs that these residences may require. Response: The legislature should require state and county agencies which operate or license companies that operate residential-based facilities notify cities in a timely manner and allow opportunity for cities to respond regarding the status of facility license requests and renewals and the special care needed by residents in case of public safety emergencies. Legislation should also include provisions requiring establishment of non- concentration standards and direction to avoid clustering residential facilities. Licensing authorities must also be responsible for.removing any residents found incapable of living in such an environment, particularly so they do not become a danger to themselves or others. LE -9. Affordable Housing Issue: Many families are unable to afford housing, and cities often lack resources at the local level to provide housing for families or to develop housing alternatives for aging populations that are 1998 CiD' Policies within their means, particularly in smaller cities. The resulting circumstances limit economic development and weaken the city's tax base. In areas outside the five MSA regions, housing stock is aging and generally older than in more urban locations. U.S. Census figures for 1990 indicate that more than 30 percent of housing units in those areas were built prior to 1940, as compared with the high rate of new housing construction within MSA locations, particularly in the twin cities metro area where 59 percent of housing units built 'in the '80's are located. Almost half the households in the state paying median rental housing costs exceeded the level of affordability, according to the latest census. The ratio of housing affordability for low-income renters is also increasing, raising more concern at the local level about the prospect that this portion of the city population will be less likely to become homeowners. Older homeowners often reside in housing that is affordable to first-time homebuyers, but often want to remain in their homes as long as possible. By the time they do move, the property may have become run- down. As a result, the home often becomes rental property with minimal improvements undertaken by the new owners. Response: Federal, state, and local government must pursue policies which encourage public-private partnerships to make it possible for cities, lending institutions, and developers to initiate projects that meet local housing needs. The state should continue to provide grants and loans from state revenue sources and streamline multiple MHFA~ administered programs to create a larger 15 pool of state funding with more flexible criteria and guidelines to make it easier for cities to apply for and make use of state housing assistance programs. The state can also assist cities by establishing priorities for the use of those funds on the basis of state housing policy for which cities and developers can apply based on their specific project activities and locally determined objectives. State housing policy should focus more resources on preservation of existing housing stock as an effective way to promote and retain affordable housing. More also needs to be done to reduce the cost to older homeowners of moving into assisted living or other housing designed for the elderly, such as patio homes and to match up first-time homebuyers with affordable properties and to make more "fix-up" programs available at the local level. Among the state-sponsored initiatives and policies the League supports to encourage production of affordable housing are: exempting construction of low- income housing from the state sales tax; a state low-income housing tax credit program; making it easier for cities with affordable housing programs to use tax increment financing or tax- exempt revenue bonds (IRBs); and exempting public agencies, including HRAs, from the state deed and mortgage transfer tax. 16 Cities must also have sufficient local authority and the flexibility to undertake housing projects to meet their unique housing needs and must be able to leverage federal and state resources to do so. Bringing together crime prevention specialists and those working to develop new affordable housing units should also be encouraged to improve access to affordable housing while supporting neighborhood safety and community livability. LE-10. City Role in Telecommunications Issue: Cities are facing increasingly complex challenges in responding to and planning their own telecommunications futures. Cities need support at the state and federal level to assure that community residents, businesses and non-profit organizations benefit from the convergence of electronic information technology, telecommunications, communications, video, and cable television service delivery. Response: Congress and the legislature should support and encourage local government planning and authority to provide public services and assure the benefits of broadband telecommunica- tions and wireless communications for their communities and residents by: making it easier for cities to own and operate telecommunications utilities, in part by amending Minn. Stat. § 237.19 to authorize cities to construct and operate a telephone exchange by a simple majority vote of its electorate, rather than the current supermajority vote of 65%: · recognizing the changing nature of League of Minnesota Cities the public-private partnership in which multiple providers may compete to deliver telecom- munications services; upholding local authority to establish telecommunications policies and plans that respond to community needs; preserving city authority over matters directly affecting communities, including: construction standards, permitting, installation methods, construction scheduling and coordination, degradation of rights- of-ways, cost recovery, city use of telecommunications resources for local public, education, government access and I-Nets; aiding cities to develop community- based information services so that residents with limited income benefit from access to local and wide-area broadband networks and information services; supporting local authority to require providers of open video systems to provide public, educational and government access; making sure cities are allocated adequate spectrum on the 800 MHZ radio frequency for public safety and emergency response. Cities are encouraged to: develop a telecommunications plan identifying community priorities and values and setting forth how the city intends to encourage competition in the local market while ensuring taxpayer investment in public 1998 City. Policies infrastructure is protected; determine how to implement new federal and state telecommunications laws and regulations to create conditions to attract telecommunications to make them widely available to city residents and businesses; examine current ordinances to take into account how to respond to multiple requests to install wireline communications or to erect cellular, personal communications service (PCS) and other wireless communications towers and antennas; treat all providers on a neutral and nondiscriminatory basis; seek broad access to advanced telecommunications services including bandwidth and spectrum for public safety and emergency response; provide for institutional networks (I- Nets) through cable franchise agreements with local operators to acquire a portion of a broadband network and other advance telecommunications resources; consider installing city-owned and operated broadband networks or forming partnerships to do so where the marketplace fails to provide the infrastructure and/or services; investigate and develop applications for those networks to deliver public services using advanced telecommunications; take an inventory of unused, 1/ underused and/or abandoned conduit in the right-of-way, in easements, or on city-owned property to make use of those resources in developing needed local information infrastructure. LE-11. Redesign of Electric Utility Regulation Issue: Policymakers at the state and federal levels are considering ways in which to bring competition into the electric utility industry. Without a cautious approach which incorporates careful consideration of the implications of any deregulation scheme for all consumers of electric energy, it is possible that only the largest consumers of electric energy would experience true cost savings and other benefits often associated with competition while the small customers, individuals and small businesses, may actually see rate increases. Additionally, city interests in tax base stability and managing and obtaining compensation for the use of public rights of way by utility companies are often overlooked in electric utility restructuring discussions. Currently, the discussion regarding possible deregulation of the electric power industry in Minnesota has centered on electric utility taxation. Proponents of deregulation assert that if effective free market competition is to replace governmental regulation, state tax policy must be changed to ensure competitive parity among both intrastate and interstate producers. The main focus of the Investor Owned Utilities (IOUs) so far has been removal of the attached machinery or personal property tax. Utilities subject to the tax argue that it places them at a competitive disadvantage to non-Minnesota companies as well as Minnesota Rural Electric Cooperatives (Co-ops) and Municipals. However. accurate comparisons of tax burden are difficult, as other states use completely different taxing systems. Additionally. Co-ops do pay the tax on some of their property and Municipals make substantial payments in !ieu of taxes. Utility personal property can be a significant portion of the local tax base in ali cities. Most obviously affected are cities that have power plants. However, generation and transmission equipment accounts for over half of the personal property taxes paid by the IOUs, and exists in nearly every city. Replacing the revenue that would be lost by cities, counties, school districts, and other local taxing jurisdictions is a stated goal of the IOUs; however, the mechanics and funding source of such a replacement revenue would be difficult to develop and administer, and would be subject to reduction or elimination over time. Response: A cautious, deliberative approach to restructuring the electric utility industry is necessary to preserve the level of service to which Minnesota consumers of electric energy have become accustomed. Additionally, it is crucial that cities have a place at the table in deregulation discussions and that they retain their local authority to manage, and obtain compensation for, the use of public rights of way, and that neither cities nor their taxpayers are asked to shoulder the burdens of any tax relief provided IOUs. Finally, every effort should be made to ensure that additional responsibilities and financial burdens are not shifted to the local level. 18 League of Minnesota Cities LE-12. Adequate Funding for Transportation Issue: Current funding for roads and for transit systems across all government levels in the state is not adequate. Response: Minnesota should value, and adequately fund, all transportation systems in the state. The state needs to provide an objective basis to determine the complete needs of the road and transit systems, their present condition, and their impact on the economic health of the state. This should include acknowledgment that delaying current expenditures will increase costs in the future. The League of Minnesota Cities supports an increase in the gas tax and urges removing the existing restrictions on its use so that gas tax revenues can be used for all transportation projects and programs, not just road construction and maintenance. The legislature should institute additional revenue sources that can be dedicated to all transportation programs. Cities should receive revenues necessary to meet present and future transportation needs. If funding does not come from the state, cities should have funding options available to them to raise the dollars necessary to adequately fund roads and transit. With the exception of funding for the state patrol, all nontransportation programs should be funded from a source o*.her than the highway user distribution fund. The revenues of the highway user distribution fund are collected from transportation users and should be dedicated to transportation- related services. 1998 City Policies LE-13. State Aid for Urban Road Systems Issue: Current rules governing municipal state aid expenditures are restricting the efficient use of these funds and do not adequately acknowledge the constraints of road systems in urban city environments. Response: 'Rules affecting the municipal state aid system need to be changed to acknowledge the technical and practical restrictions on construction and reconstruction of urban road systems. New municipal state aid design standards should not apply to reconstruction of existing state aid streets that were originally constructed under different standards. Future changes to state aid rules should ensure the involvement of elected officials and engineering professionals in the decision-making process. LE-14. State Aid Roads in Contiguous cities Under 5,000 Issue: Cities under 5,000 population do not receive any nonproperty tax funds for their collector and arterial streets. Response: State statute should be modified to encourage cooperation and improved transportation systems by allowing contiguous cities that jointly represent a combined population of 5,000 or more to be eligible for Municipal State Aid (M.S.A.). Participating cities would enter into a formal joint powers agreement and establish a joint budget that would be governed by a board of elected officials. Cities that participated in this joint entity would not be required 19 to undertake any formal consolidation activities. Cities under 5,000 population that were not eligible for M.S.A. through this cooperative agreement practice should be able to use county municipal accounts and the five percent account of the highway user distribution fund. Uses of county municipal accounts should be statutorily modified so that counties can dedicate these funds for local arterials and collector streets within cities under 5,000 population. In addition, the five percent set-aside account in the highway user distribution fund should be used to meet this funding gap. LE-15. Turnbacks of County and State Roads Issue: As road funding becomes increasingly inadequate, more roads are being "turned back" to cities from counties and the state. Response: Turnbacks should not occur without direct funding or transfer of a funding source. A process of negotiation and mediation should govern the timing, funding, and condition of turned-back roads. City taxpayers should receive the same treatment as township taxpayers. The requirement for a public hearing, standards about the conditions of turnbacks, and temporary maintenance funding should also apply to count~' turnbacks to cities. Ata minimum, proposed roads to be turned back to a lower government level should be brought up to the standards of the receiving government or should be compensated with a direct payment. Direct funding should be provided for smaller cities that are not provided with turnback financing through the municipal state aid system. LE-16. Cooperation Between Counties and Cities Over County. Roads Within Cities Issue: Some counties want increased control over county roads that lie within city boundaries. The statutory mechanism for resolving disputes between counties and cities over the construction, reconstruction. or expansions of state-aid highways that extend within city corporate limits is inadequate. Under current laxv, only the county may request that a dispute resolution board ("board") be established and the board's role is not to assist the parties in attempting to resolve their dispute. Instead, the board has the authority only "to review' the proposed change, and make a recommendation to the Commissioner." It is the Commissioner of Transportation who ultimately makes the final decision on whether to "approve the establishment, construction, reconstruction, or improvement of a county state-aid highway recommended by the board." The statute does not outline anv formal due process that must be followed to ensure fairness to all parties. Additionally, there is no mediation or non-binding arbitration prerequisite as exists in other areas of law dealing with dispute resolutions. Response: The legislature should provide a mediation or non-binding arbitration alternative to assist parties in reaching a resolution on their own without involving the Commissioner. Additionally, to ensure that sound recommendations are made by dispute resolution boards, formal due process and specific criteria should be established. 2O League of Minnesota Cities For situations where negotiations do not produce an agreeable resolution, cities should be authorized to request that a board be established. LE-17. Management of Rights-of- Way Issue: Demand for all types of uses of rights-of-way, both surface and subsurface. is increasing exponentially, forcing consideration by cities of how best to allocate this very limited resource. Because public rights-of-way have been acquired at public expense through local property tax sources or other local action, cities have traditionally had the fundamental responsibility and attendant liability for facilitating the safety and convenience of all right-of-way users. Rights-of-way management responsibilities are complex, numerous, and site specific, as are the particular interests of cities in establishing a value for private use of public space in the local rights-of-way. These factors underscore the fact that rational and expeditious decisions can only be made at the local level. Cities support existing federal nondiscrimination requirements that local administration not impose unreasonable delays or burdens on access, entry, or other reasonable use of rights-of-way. Cities should be authorized, as provided in federal law. to require telecommunications providers to meet local requirements for public, educational, and government access to their networks as well as financial and technical support for such actions. Local rights-of-way are a limited and valuable asset held in trust by municipalities for the public. Unlike other businesses which pay for the use of public rights-of- 1998 City Policies way. telephone companies currently pay property taxes only on a fraction of their facilities located in public rights-of-way and nothing for the value of the right to use them. Response: The responsibility for managing and protecting public rights-of-xvay must remain with cities and other units of governme, nt entrusted with protecting the health, safety, and convenience of the community. Construction and safety standards are of paramount importance to cities, and consistent with respective industries' desire for uniformity, should be developed by the municipal engineering community for adoption by cities to ensure effective rights-of- way management. Cities and other governmental units responsible for the protection and management of public rights-of-way should be authorized to require reasonable compensation which reflects the policy and fiscal objectives of their community. The courts should remain the primary forum for resolution of allegations that communities have exercised their authority in an unreasonable, arbitrary, or capricious manner. LE-18. Communications Infrastructure Issue: Cities must retain authority to provide for development of effective local information inlYastructure including public, educational, and government (PEG) access 21 channels and institutional networks. Sufficient technical and financial support from telecommunications service providers is necessary to assure that both traditional and advanced services and applications, including both wired and wireless telephony, video, data and Internet services as well as PEG access are locally available. Response: The legislature should support local authority, to develop, own, and operate information infrastructure and services to require that voice, video, and data communications networks provide channel spectrum and resources sufficient to meet local information and communications needs, assure public safety and convenience, and provide local information and community programming and services. LE-19. Effective Telecommunications Competition Issue: Effective telecommunications competition will not arrive simultaneously in alt cities or markets. In the transition to an effectively competitive marketplace, which will yield better services, affordability and deployment of technology to meet community needs, consumers need protection from possible market abuses. Response: Federal, state, and local governments must coordinate efforts to protect consumers and encourage emergence of effective competition to make it possible for communities to participate in the global economy through a local information infrastructure that provides benefits to residents, business, and industry. , LE-20. Local Zoning Regulation of Telecommunications Service Providers Issue: Cities must have authority to govern the use of property by telecommunications service providers through zoning regulations without unnecessary state and federal intervention. Response: The Federal Communications Commission and the state legislature should continue to uphold local government authority to adopt and enforce local zoning regulations of telecommunications service providers as reaffirmed in the federal Telecommunications Act of 1996. LE-21. ISTEA Reauthorization Issue: Cities have an important stake in the reauthorization of the federal Intermodal Surface Transportation Efficiency Act (ISTEA). Since its enactment in 1991, ISTEA has assured cities of a key role in planning as well as benefits of funding for project enhancements and pollution mitigation. ISTEA expires on September 30. at the end of this fiscal year. ISTEA has been successfully implemented in Minnesota, with a strong focus on partnerships, local decision-making, funding flexibility and emphasis on inter-modal transportation. Respo,se: Congress should reauthorize ISTEA this session to continue support for the new era of transportation investments in which cities can work cooperatively with the Minnesota Department of Transportation (MnDOT) to address local and regional transportation interests. Putting in place 22 League of Minnesota Cities locally developed criteria to evaluate programming of limited funds has opened MnDOT programming to recognize regional priorities. Enhanced ISTEA reauthorization will allow cities to continue to work within the current planning process to address transportation needs. The amount of ISTEA funding in the existing congressional and administration budget allocations does not meet growing needs. Trust fund revenues should be used solely for transportation purposes, and the federal gas tax revenues should be transferred to the Transportation Trust Fund (instead of being used for deficit reduction). Regional planning is a strong component of the current ISTEA program. Congress should support and encourage broadening the federal-state- local partnership and community participation in transportation decision- making. Ail program categories in the existing ISTEA program should be maintained, in particular the Surface Transportation Program (STP), Transportation Improvement Program (TIP), Enhancement and Safety, transit, Congestion/Mitigation Air Quality (CMAQ), and the National Highway System (NHS) and Bridge Replacement programs. Congress can aid local project implementation by reducing unnecessarily burdensome regulations and procedures, particularly for small projects for elements that have little if any negative effects on the environment. There is also a need to examine the relationship between the metropolitan MPO boundary and U.S. Census boundaries of the Twin Cities Metropolitan Statistical Area (MSA). The MPO in the metro area needs to recognize the broad regional implications of transportation in the '7 counties within Minnesota and the two counties in Wisconsin that are within the MSA. LE-22. Workforce Readiness Issue: State and federal wel'fare reform efforts have focused on the importance of the welfare to work transition and have recognized the challenge of ensuring that individuals are qualified to work. Cities have an interest in the availability of qualified workers as part of their economic development efforts and can serve as a catalyst with other public entities and the private sector to address workforce readiness issues. Response: The legislature should fully fund the Job Skills Partnership and Pathways programs administered by the Department of Trade and Economic Development. 1998 City Policies 23 IMPROVING SERVICE DELIVERY SD-1. Redesigning and Reinventing Government Issue: Every level of government is reevaluating, reprioritizing, redesigning, and renewing its organizational structure and programs in response to financial realities and citizens' needs and problems. Reforms. however, must be more than simply change for the sake of change or a reshuffling of existing programs to appease the electorate. To be meaningful, reorganization and reassignments of governmental entities and services should save money where feasible. deliver improved services, serve essential needs and be equitably structured. Cities have and will continue to pursue the use of cooperative agreements, the reevaluation of city programs and services, and changes to organizational structures. Response: The federal, state, and count3.- governments should: ensure that in redesigning, reinventing or reassigning government services and programs that the appropriate level of service to citizens is evaluated and citizen demands and expectations are adequately addressed; · promote local efforts through incentives rather than mandates; communicate and establish a process of negotiation before shifting responsibility for delivering sen'ices from one level of government to another or seeking to reduce service duplication; · transfer authoriW for use of revenues dedicated to such programs or provide appropriate and adequate alternatives: identif) and repeal programs or discontinue services which are no longer necessaD' or which can readily and fairly be provided by the private sector; and employ existing government entities in redesign efforts rather than create new agencies or units. The League supports cooperative studies of the following issues: whether the enforcement of human rights laws can best be accomplished by a single state system which would allow local governments to discontinue local enforcement programs; whether there should be greater use of statewide or consolidated business licensing, including licensing of sign contractors, to eliminate the need for some businesses to obtain a permit in each city or county; whether the existing use and structure of Regional Development Commissions can be improved; whether greater use can be made of block grants to distribute fi~nds related to transportation, sewage treatment, and public water facilities; whether human services and health programs can be improved by further consolidating their administration at 24 League of Minnesota Cities the state and county levels of government; and whether state and federal environmental and water agencies can be combined or eliminated to avoid inconsistent standards and duplication of responsibilities. SD-2. Unfunded Mandates Issue: The cost of federal and state mandated programs substitute the judgment of Congress and the President and the legislature and the Governor for local budget priorities. These mandates force cities to reduce funding for other basic services or to increase taxes and service charges. The passage by the legislature of reporting requirements for new state mandates and the passage by Congress of legislation restraining new federal mandates should help address the problem, but other steps are still necessary. Response: Existing unfunded mandates should be reviewed and modified or repealed where possible. No additional statewide mandates should be enacted unless full fi~nding for the mandate is provided by the level of government imposing it or a permanent stable revenue source is established. · Cities should not be forced to comply with unfunded mandates. Cities should be given the greatest flexibility possible in implementing mandates to ensure that their cost is minimized. 1998 City Policies SD-3. Civil Liability of Local Governments Issue: One of the barriers to the delivery of governmental services and programs is the exposure of local governments and their officials to civil damage claims. The state has acted to protect itself and its local governments by enacting exceptions and limitations to liability suits and authorizing sell-insurance and other mechanisms to deal with claims allowed by law. Additionally. the current law which requires district court approval of settlements of claims against municipalities which exceed $10.000 has become burdensome for cities. Response: The League supports: eliminating joint and several liability, or severely restricting its application to situations where private or public tortfeasors are substantially at fault for the damages incurred; extending the protection of the state and municipal tort claims act to quasi- governmental entities when performing public services such as firefighting; existing constitutional safeguards for protecting public and private property interests without any statutory expansion of property rights; and eliminating the district court approval of settlements requirement or, in the alternative, increasing the threshold amount for district court approval of settlements to $100,000. 25 SD-4. Environmental Protection Issue: State and federal · environmental programs are improperly designed to meet their stated goals, and impose an undue burden on local governments because of a lack of federal or state financial assistance. The refusal to finance these programs by the governments · which pass them has eliminated an essential restraining feature in program design and implementation. Specific problems include: New programs or standards are continually adopted without regard to the existence, attainability, or cost of existing programs and standards. Fragmented program adoption and implementation does not ensure prioritization of environmental matters or the establishment of comprehensive environmental protection strategies. "One size fits all" implementation programs force remedial efforts by local governments for nonexistent environmental problems. Permit fees and other cost transfer elements of federal and state programs do not provide an incentive for environmental agency efficiency, policy prioritization, or risk assessment. Response: A comprehensive effort to consolidate, reorganize, and manage state and federal environmental agencies and programs should be undertaken and a partial or full moratorium on new programs or requirements should be considered. Permit fees should be limited to fifty percent of the agency's direct operating costs in order to promote efficient agency operation and sufficient legislative oversight. Sufficient state and federal financial assistance should be provided to comply with state and federal infrastructure requirements, particularly with regard to sewer and water facilities. SD-5. Personnel, Pensions, and Labor Relations Issue: Many state laws increase the cost of providing city service to residents by requiring city governments to provide certain levels of compensation or benefits to public employees, specify certain working conditions, or limit city governments' ability to effectively manage their personnel resources. For instance, existing state laws limit governments' ability to effectively address incompetence or misconduct of city employees specifying certain procedures to be followed or standards of conduct. Response: The state government should refrain from passing laws which regulate the public sector workplace and should repeal or modify problematic existing laws and regulations to encourage full local accountability. The League of Minnesota Cities proposes the following reforms: Discipline and Discharge 26 League of Minnesota Cities The state should modify veterans' preference and civil service laws which restrict the ability of local governments to effectively discipline public employees. The legislature should amend the law to: · remove the right to multiple, duplicative disciplinary proceedings; · limit any back-pay claims to a maximum of $100,000; · limit the period in which to request a hearing to 14 days (from the current 60 days); and · exclude probationary period employees from veterans preference termination law protections. The state should discontinue state and local civil service systems which are no longer needed to ensure fair and accountable hiring and firing practices. Data Practices In light of security concerns, the state should amend the data practices act to reclassify all employee address and telephone data as private data. The Information Policy Task Force created by the 1997 legislature should consider the impact of potential changes to the data practices act, particularly the commercial' use and sale of government information, on local units of government and take these into account in any 1998 City Policies recommendation for legislative action. Compensation limits The. state should repeal laws limiting local government employee compensation levels to the governor's salary. If repeal is not possible, the limit should be amended to be based upon the governor's total compensation level. PELRA The state should modify the definition of public employee to limit the application of PELRA to employees working more than an annual average of 20 hours per week other than on a temporary or seasonal basis. The state should change public sector bargaining laws to restrain arbitration awards which exceed other internal class comparisons or outside cost of living limitations. The state should modify the definition of public employee to exclude police and fire cadets. Pensions The state should revise public employee pension laws to facilitate consolidat'~on of local pension plans and the transition to more attractive and fiscally-sound pension programs such as defined contribution plans. The state should study initiatives to reform and make uniform pension plans for local government 2? employees. However, the League opposes increasing public employer contribution levels or any proposal to have the public employer contribution level exceed the contribution level required from employees. The state should adjust the eligibility thresholds for public pensions to reflect inflation, adopt a process for automatic future adjustments, and limit eligibility for defined benefit plans to employees working an average of at least 20 hours per week. The League opposes special legislation related to pension benefit increases that are not initiated by a previously adopted resolution of the city council of the affected city, even if the legislation provides an option that requires subsequent local approval. In addition to these state reforms, the League of Minnesota Cities supports the following policies regarding federal employment law: Overtime compensation Congress should amend the Fair Labor Standards Act to eliminate its applicability to the public sector or at least recognize unique circumstances in the public sector such as accounting for all hours worked by salaried employees and allowing regular employees to serve as volunteers, paid on-call firefighters, referees, coaches, and other community service-oriented positions. Peace officer bill of rights Congress should oppose a federal peace officer bill of rights, which would make internal investigation and enforcement more difficult and diminish local accountability. SD-6. Election Issues lsstte: hnprovements in absentee x oting, voter registration, and the election process are needed. Response: The 1998 legislature should develop a bipartisan election reform proposal that simplifies absentee voting, provides more cities direct access to the statewide voter registration system, clarifies restrictions on locating campaign signs within 100 feet of polling places, modifies the voter fraud statute related to voter residency, and allows cities more flexibility in appointing and compensating election judges. SD-7. Local Election Authority Issue: Local authority to schedule city elections and establish terms of office for local elected officials has been increasingly restricted by the legislature, thereby diminishing regard for the role of local self- government, particularly when state policy pre-empts home rule authority governing city elections. Response: The legislature should oppose further limits on either the number or the length of terms city elected 28 League of Minnesota Cities officials may serve, particularly when those terms have been established by the electorate in home rule charter cities. State policy on uniform elections should continue to recognize and uphold local authority to schedule city elections in November of either even- or odd- numbered years. SD-8. City Costs for Enforcing State and Local Laws Issue: Cities experience substantial costs enforcing state and local laws, particularly those related to traffic, controlled substances, and incarceration of prisoners. The current method in our criminal justice system of recovering costs for law enforcement and prosecution through fines is insufficient to meet the costs incurred by local governments. Response: The legislature should review this issue and adopt measures that provide for complete reimbursement of the costs incurred by local governments in enforcing state and local laws. Solutions which should be considered include the following: · increasing fine amounts; removing or modifying state surcharges which conflict with cost recovery principles; and requiring the defendant to pay the full costs of enforcement and prosecution as part of an3' sentence. SD-9. Access to Information Technology and Services Issue: Congress and the state 1998 City. Policies legislature should continue to provide a meaningful role for cities in developing and supporting access to inlbrmation technology and services. Response: The legislature should: enhance opportunities for cities to collaborate with community organizations, schools, libraries, and nonprofit organizations and telecommunications service providers to make training and advanced services available to community. residents; take steps to ensure that businesses have access to advanced broadband networks; provide grants and technical assistance to encourage cities to expand use of information technolo~' to provide citizen access to government information and deliver services; monitor telecommunications service providers' compliance with requirements to make public access to information available at a discount; encourage providers to make capaci~' for interactive forums available at the local level to increase citizen participation in government; encourage expanded use of interactive teleconferencing, public access channels, and public broadcast facilities to provide public access to government meetings: and · support federal, state, and local authority, to charge providers of cable 29 and cable-like services reasonable fees to support that capaciW. SD-10. Lawful Gambling Fund Expenditures Issue: State law authorizes cities to collect up to 10 percent of the net profits from lawful gambling operations conducted within their jurisdictions. These funds must be maintained in a separate account and can be spent only for "lawful purposes." These purposes are defined in statute more narrowly than the permissible public purpose expenditures for charitable contributions to cities. The Gambling Control Board has the authority to demand that cities make repayment to the fund for expenditures it deems out of compliance with the statutorily permitted lawful purpose expenditures. Response: Cities are in the best position to determine the use of funds that will bring the most benefit to their citizens. The legislature should expand the permissible lawful gambling fund expenditures to include any public purpose deemed appropriate by the city. SD-11. Design-build Issue: The standard bid procedure c~ties are required to use in selecting contractors for municipal buildings can be quite costly. Private sector development uses a process known as "design-build" in which various firms submit project proposals that include both a design and the construction costs tbr that design. The selection is then based on the total package. By granting specific statutory authority to use the design-build alternative to the Metropolitan Sports Facilities Commission and state agencies including the Department of Revenue, the legislature has recognized the financial savings it can provide. In documented instances, cities have saved taxpayers up to 10 !~ercent of the total project cost by' using the design-build alternative. The design-build process also permits improved project management and oversight. However. absent statutorv authorization to use this alternative, cities are vulnerable to lawsuits from unsuccessful bidders. In addition, the design-build process for playground equipment can encourage greater creativity while still maintaining cost controls. Special legislation was enacted for the City of Chanhassen in 1995 to experiment with using this process for purchasing playground equipment. Response: The legislature should authorize an extension of the "design- build" procedure to cities as a less expensive alternative to the standard bid procedure. SD-12. Mobile Home Park Oversight Issue: The state has preempted cities in the licensing of mobile home parks and has limited the authority of cities to place new regulations on established mobile home parks. However, cities are responsible for dealing with the various housing and public safety challenges mobile home parks mav create. Response: Since the state has already taken the lead, the legislature should provide sufficient resources and direct the Department of Health to conduct a study on the condition of mobile home parks throughout the State of Minnesota. Cities and mobile home park owners and residents should be involved in the study. 3O League of Minnesota Cities 15"o 151 The results of the study should be used as a basis for policy discussions regarding ways in which the state can provide for increased and improved oversight of mobile home parks and establish a statewide support system for cities to rely on in dealing with the array of issues that arise in mobile home parks. Outcomes of the study should include: · "best practices" for the operation of mobile home parks; recommended state regulatory changes for the operation of mobile home parks; suggested ways cities can better address the issues presented by mobile home parks; and identification of mechanisms to provide assistance in financing mobile home park upgrades. SD-13. Proposed Plat Approval Authority Issue: Current law generally grants cities the authority to approve proposed plats as part of their police power responsibilities for regulating development. Certain counties want legislative authorization to approve proposed plats which are contiguous with existing or proposed county roads. Response: Cities oppose extending county authority over plat approval. While counties have a valid interest in proposed plat decisions, this does not warrant a duplication of approval authority. An informal process of county review with the opportunity to offer comments and suggestions for 1998 City Policies improvement is an appropriate cooperative mechanism which is already in place and working well in many areas of the state. SD-14. Providing Information to Citizens Issue: To keep the public updated and informed, state law requires local units of government to publish various notification documents in newspapers and often dictates which newspapers receive cities' publication business. The number and variety of documents required to be published and the costs of publication are burdensome. Technological advancements have expanded the ways in which government can provide information to citizens. In many cases, these new technologies are more efficient and cost effective. Response: Cities should be authorized to take advantage of new technologies to increase the dissemination of information to citizens and potentially lower the associated costs. Specifically, the legislature should authorize local units of govermnent to designate an appropriate daily/weekly publication, elect alternative means of communication such as city newsletters, cable television, and the internet, and expand the use of summaries where information is technical or len~hy. Additionally, the legislature should eliminate outdated or unnecessary publication requirements. SD-15. Creating a Minnesota GIS Program Issue: Cities need Geographic Information Systems (GIS). Although only 31 forty-five cities have parcel-based GIS. this improved method of local land record management is already paying tremendous dividends to those with access to the technology, but it is costly and difficult to create, maintain, and upgrade. Cities thce serious obstacles to modernizing land records when maps, survey controls, and electronic records management do not exist at the county level. Without state investment to help local government modernize land management records. development of GIS will continue to fall behind, with costly results for residents and taxpayers in those locations where land parcel data is not organized. A seamless land records database would encourage sustainable land-use planning at both the state and local level. Response: The League endorses the recommendations put forth by the Governor's Council on Geographic Information to establish and fund a Minnesota GIS Program to provide technical support and funding for local government development of GIS. SD-16. State Licensing of Massage Therapists Issue: The state does not currently regulate massage therapy, an emerging but rapidly growing profession. In order to control prostitution and to provide tbr health and sanitation standards, several cities have entered the traditional state domain of heaith-care licensure by enacting ordinances that require all massage therapists to obtain a local professional license. These ordinances allow local laxv enibrcement officers to diO'erentiate between legitimate massa,.2, e therapists, who have a city license, and- arostitution businesses frontimz as massage therapy establishments. The 1,~ck of statewide licensing of massage therapists l~as hampered law enforcement techniques and has caused problems for cities attempting to regulate an entire health-care profession without any statewide standards. Currently. txvent.v-five states license massage therapists on a statewide level. Statewide licensing of massage therapists would provide a clear set of educational standards that massage therapists must mee~ and would provide local law enforcement agencies with an easy tool to distinguish between prostitution and' legitimate massage therapy. Statewide professional licensing would not disturb traditional powers over land use and business licensure. Response: The League supports the statewide professional licensing of massage therapists in order to aid local law enforcement efforts at controlling prostitution and other criminal activity. 32 League of Minnesota Cities 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 Chief Len Harrell Monthly Report for December 1997 The police department responded to 1,102 calls for service during the month of December. There were 35 Part I offenses reported. Those offenses included 3 burglaries, 30 larcenies, and 2 vehicle thefts. There were 57 Part II offenses reported. Those offenses included 2 child abuse/neglect, 1 forgery/NSF checks, 3 narcotics, 7 damage to property, 1 liquor law violation, 8 DUI's, 3 simple assaults, 13 domestics (4 with an assaults), 4 harassment's, and 15 other offenses. The patrol division issued 174 adult citations and 8 juvenile citations. Parking violations accounted for an additional 103 tickets. Warnings were issued to 120 individuals for a variety of violations. There was 12 adults and 13 juvenile arrested for felonies. There were 28 adults arrested for misdemeanors. There were an additional 6 warrant arrests. The department assisted in 5 vehicle accidents, 4 with injuries. There were 30 medical emergencies and 97 animal complaints. Mound assisted other agencies on 30 occasions in December and requested assistance 9 times. Property valued at $23,213 was stolen and $15,272 was recovered in December. MOUND POLICE DEPARTMENT MONTHLY REPORT - DECEMBER 1997 II. INVESTIGATIONS The investigators worked on 6 child protection issues accounting for 36 hours of investigative time. Other cases included continued follow-up on the homicide a robbery, and a drive-by shooting as well as cases involving burglary, assault, terroristic threats, damage to property, obstructing legal process, deprivation of parental rights, NSF checks, counterfeit currency, theft, harassment, and absenting. Formal complaints were issued for DWI and possession of a controlled substance, worthless checks, indecent exposure, no insurance, possession of fireworks, and exterior storage. III. Personnel/Staffin~ The department used approximately 27 hours of overtime during the month of December. Officers used 55 hours of comp-time, 160 hours of vacation, 33 hours of sick time, and 21 holidays. Officers earned 33 hours of comp time. There were 14 shifts at double time for holidays worked Officer Donahue attended training in Community Policing and Officer Ringate attended the 40 hour intoxilyzer certification. Investigator Swensen attended a seminar entitled, "Drugs, Guns & Gangs". V. COMMUNITY SERVICES OFFICERS Officer's Packard and Piper addressed 49 animal complaints, 24 ordinance violations, and 215 miscellaneous calls for services. 11 citations were issued in December. MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT DECEMBER 1997 GENERAL ACTIVITY SUMI~ARY THIS YEAR TO LAST YEAR MONTH DATE TO DATE Hazardous Citations 85 Non-Hazardous Citations 83 Hazardous Warnings 46 Non-Hazardous Warnings 68 Verbal Warnings 102 Parking Citations 103 DWI 8 Over .10 6 Property Damage Accidents 1 Personal Injury Accidents 4 Fatal Accidents 0 Adult Felony Arrests 14 Adult Misdemeanor Arrests 32 Juvenile Felony Arrests 13 Juvenile Misdemeanor Arrests 0 Part I Offenses 35 Part II Offenses 57 Medicals 30 Animal Complaints 97 Ordinance Violations 50 Other Public Contacts 842 960 839 262 768 988 634 92 75 82 41 0 56 425 49 184 291 798 314 701 351 9,597 1,053 611 330 832 1,106 738 85 66 76 32 1 36 420 72 199 294 847 361 708 378 8,375 TOTAL 1,676 17,507 16,620 Assists 75 727 840 Follow-Ups 119 696 372 HCCP 5 41 53 Mutual Aid Given 32 208 179 Mural Aid Requested 9 107 98 MOUND POLICE DEPARTMENT MAY 1996 OFFENSEs CLEA~ EXCEPT- CLEAJ~ED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART I CRIME~ Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 30 0 I 13 12 13 2 0 0 0 0 0 0 0 0 0 0 0 TOTAL 35 0 i 13 Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 12 13 2 0 0 0 0 0 1 0 0 0 0 0 7 0 0 0 0 0 0 0 0 0 0 0 3 0 0 3 3 0 1 0 0 1 1 0 8 0 0 8 8 0 3 0 1 0 0 0 4 0 i 3 3 0 9 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 0 13 0 i 12 13 0 TOTAL 57 i 3 27 28 0 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 1 4 0 3O 97 29 842 1,003 HCCP Inspections TOTAL 1,102 i 4 40 40 13 MOUND POLICE DEPARTMENT DECE1VIBER 1997 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt Overweight Vehicles Miscellaneous Tags TOTAL 8 6 0 8 1 67 2 0 25 1 3 0 12 0 19 0 1 103 0 11 0 0 0 10 277 0 0 0 0 0 2 0 0 0 0 0 0 1 0 3 0 0 0 0 0 0 0 0 MOUND POLICE DEPARTMENT NOVEMBER 1997 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL 37 17 31 0 3 7 0 0 0 15 110 0 0 0 0 0 0 1 10 WARRANT ARREST~ Felony Misdemeanor Run: 7-Jan-98 17:21 PRO03 Primary ISN's only: No Date Reported range: 11/26/97 - 12/31/97 Activity codes: Ail Property Status: All Property Types: All Property Descs: All Brands: All Models: All Officers/Badges: All Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Date Recov'd Quantity Act Recov'd Value Code Brand Model Page Off-1 Off-2 Assnd Assnd Prop type Totals: 15,001 Prop type Totals: 250 Prop type Totals: 260 Prop type Totals: 2,725 Prop type Totals: 25 Prop type Totals: 550 Prop type Totals: 775 Prop type Totals: 350 Prop type Totals: 137 Prop type Totals: 1,235 Prop type Totals: 1,905 Report Totals: 23,213 15,000 2.000 0 1.000 260 1.000 0 1.000 0 1.000 0 3.000 0 1.000 0 1.000 1 3.000 0 1.000 11 26.000 15,272 41.000 Run: 8-Jan-98 9:16 CPS08 Primary ISN's only: NO Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All ACTIVITY CODE DESCRIPTION MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 9000 SPEEDING 67 9001 J-SPEEDING 2 9002 NO D/L, EXPIRED D/L 2 9012 OPEN BOTTLE 1 9014 STOP SIGN 3 9018 EQUIPMENT VIOLATION 11 9019 J-EQIPMENT VIOLATION 1 9026 OVER THE CENTER LINE 1 9034 STOP ARM VIOLATION 1 9036 OBSTRUCTED VISION 1 9038 ALL OTHER TRAFFIC 2 9039 J-ALL OTHER TRAFFIC 2 9100 PARKING/ALL OTHER 6 9140 NO PARKING/WINTER HOURS 97 9200 DAS/DAR/DAC 9210 PLATES/NO-IMPROPER-EXPIRED 25 9220 NO INSURANCE/PROOF OF 19 9221 J-NO INSURANCE/PROOF OF 3 9240 CHANGE OF DOMICILE 6 9253 STOP ARM VIOLATION/NO TICKET 1 9301 LOST PERSONS 2 9309 FOUNqD/RUNAWAY 1 Page Run: 8-Jan-98 9:16 CFS08 Primary ISN's only: No Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:O0 - 23:59 HOW Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All ACTIVITY CODE DESCRIPTION MOUND POLICE DEPARTMENT Page Enfors Calls For Service INCIDENT ANA3~YSIS BY ACTIVITY CODE 9312 FOUND ANIMALS/IMPOUNDS 4 9313 FOUND PROPERTY 5 9315 UNCLAIME DESTROYED ANIMALS 3 9430 PERSONAL INJURY ACCIDENTS 1 9450 PROPERTY DAMAGE ACCIDENTS 3 9451 H/R PROPERTY DAMAGE ACC. 1 9561 DOG BITE 6 9563 DOG AT LARGE 2 9564 DOG BARKING 1 9566 ANIMAL ENFORCEMENT TICKETS 11 9567 DANGEROUS DOG 4 9700 MEDICAL/SU 1 9710 MEDICAL/ASU 3 9720 MEDICAL/DOA 1 9730 MEDICALS 23 9731 MEDICALS/DX 1 9732 MEDICALS/CI 1 9750 FIRES 2 9800 ALL OTHER/UNCLASSIFIED 5 9801 DOMESTIC/NO ASSAULT 9 9802 PUBLIC ASSIST 1 9810 LOITERING/LURKING i NUMBER OF INCIDENTS Run: 8-Jan-98 9:16 CPS08 Primary ISN's only: NO Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NL~ER OF DESCRIPTION INCIDENTS 9900 A~L HCCP CASES 5 9904 OPEN DOOR/ALARMS 4 9920 INSPECTIONS DEPARTMEN~ 2 9930 HANDGUN APPLICATION 4 9945 SUSPICIOUS PERSON 2 9950 INFO/INT 4 9951 SEX OFFENDERS 9980 WARRA~NTS 6 9990 MISC. VIOLATIONS 2 9992 MUTUAL AID/8100 13 9993 MI~fUAL AID/6500 8 9994 MUTUAL AID/ ALL OTHER 7 9996 MUTUAL AID/NARCOTICS 1 A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC 2 A9505 TERR THREATS-INFLT BH-UNK WEAP-CHLD-ACQ 1 AL351 DOM ASLT-MS-INPLT BODILY HARM-HANDS-AD-FAM 2 AL352 ASLT-DOMESTIC-MS-INFLT BODLY HRM-HINrDS-ADLT-AC 2 B3794 BURG 3-UNOCC N-RES FRC-U-UNK WEAP-COM THEFT 1 B4330 BURG 4-UNOCC RES FRC-D-UNK WEAP-UNK ACT 1 B4990 BURG 4-AT FRC RES-U-UNK WEAP-UNK ACT 1 C0442 FORGERY-UNK LVL-REPRODUCE-MONEY-BUSINESS 1 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 3 Page Run:, %-Jan-98 9:16 CFS08 Primary ISN's only: No Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All ACTIVITY CODE DESCRIPTION I3060 I3070 J2501 J2701 J2E01 J3501 J3E01 J3R01 J3T01 N0190 N3190 N3990 Plll0 P3110 P3130 T0060 T0069 TB029 TC009 TC159 TF025 TF059 MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS CRIM AGNST FAM-MS-NEGLECT OF A CHILD 1 CRIM AGNST FAM-MS-MALIC PUNISHMENT CHILD 1 TRAFF~GM-DUI LIQUOR-UNK INJ-UNK VEH 2 TRAFFIC-GM-AGG DUI-UNK INJ-MV 1 TRAF-ACC-GM-AL 10 MORE-UNK INJ-MV 3 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 5 TRAF-ACC-MS-AL 10 MORE-UNK INJ-MV 3 TRAFFIC-MS-FAIL TO SUBMIT TO TEST-UNK INJ-MV 1 TRAF-ACC-MS-UND AGE DRINK DRIVE-UN"K-MOTOR VEH 1 DISTURB PEACE-UNK-HARRASSING COMMUNICATIONS 1 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 4 DIST PEACE-MS-PRIV-COMM-OTHER-UNKNOWN 1 PROP DAMAGE-FE-PRIVATE-UNK INTENT 1 PROP DAMAGE-MS-PRIVATE-UNK INTENT 5 PROP DAMAGE-MS-BUSINESS-UNK INTENT 1 THEFT-UNK LVL VAL-FRM MAIL-UNK PROP 1 THEFT-UNK LVL VAL-FRM MAIL-OTH PROP 2 THEFT-MORE 2500oFE-BUILDING-OTH PROP 1 THEFT-501-2500-FE-UNKNOWN-OT}{ PROP 1 THEFT-501-2500-FE-MOTOR VEH-OT}{ PROP 1 THEFT-201-500-GM-BUILDING-FIREARMS 1 THEFT~201-500-GM-YARDS-OT~ PROP I Page Run: 8-Jan-98 9:16 CFS08 Primary ISN's only: NO Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS TG029 THEFT-LESS 200-MS-BUILDING-OTH PROP 2 /73031 THEFT-LESS 200-MS-COIN MACH-MONEY 2 TG059 THEFT-LESS 200-MS-YARDS-OTHR PROP 1 TG069 THEFT-LESS 200-MS-MAILS-OTHER PROP 15 TG151 THEFT-LESS 200-MS-MOTOR VEH-MONEy 1 TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER 1 VA022 VEH-MORE THAN 2500-FE-THEFT-TRUCK-AUTO 1 VE082 VEH-200 LESS-MS-TAMPER ENTER-TRUCK BUS 1 X2080 CRIM AGNST ADMN JUST-GM-OBST LEGAL PROCESS 1 X2200 CRIM AGNST ADM JUST-GM-GIVE FLSE NAM-POL 1 X3250 CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION 2 Y3230 CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH 2 Page **** Report Totals: 493 Run? 8-Jan-98 9:04 OFF01 Primary ISN's only: No Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:00 - 23:59 Dispositions: Ail Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE AC'~IVI~ DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUJtL CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ASLT 5~MS-INFLICT BD HRM-HA/%rDS-ASLT-AC TERR THP~EATS-INFLT BH-UNK WEAP-CHLD-ACQ DOM ASLT-MS-INFLT BODILY }{AR/~-HAN-DS-A.D-FAM ASLT-DOMESTIC-MS-INFLT BODLY HRM-fSN-DS-ADLT-AC BURG 3-UNOCC NRES FRC-U-UNK WEAP-COM THEFT A5352 A9505 AL352 B3794 B4330 BURG 4-UNOCC RES FRC-D-UNK WEAP-UNK ACT B4990 BURG 4-AT FRC RES-U-UNK WEAP-UNK ACT FORGERY-UNK LVL-REPRODUCE-MONEY-BUSINESS DRUGS-DRUG PARAPH-POSSESS-UNK-UN-K CRIM AGNST FAM-MS-NEGLECT OF A CHILD CRIM AGNST FAM-MS-MALIC PUNISHMENT CHILD TRAFF-GM-DUI LIQUOR-UNK INJ-LTNK VEH TRAFFIC-GM-AGG DUI-UNK INJ-MV TRAF-ACC-GM-AL 10 MORE-UNK INJ-MV TRAFF-ACCID-MS-DRIVE b'NDER INFLUENCE TRAF-ACC-MS-AL 10 MORE-UNK INJ-MV TRAFFIC-MS-FAIL TO SUBMIT TO TEST-UNK INJ-MV TRAF-ACC-MS-UND AGE DRINK DRIVE-UNK-MOTOR VEH DISTURB PEACE-UNK-HARRASSING COMMUNICATIONS DISTURB PEACE-MS-HARRASSING COM~R3NICATIONS DIST PEACE-MS-PRIV-COMM-OTHER-UNKI~OWN PROP DAMAGE-UNK LVL-PRIVATE-UNK INTENT PROP DAMAGE-FE-PRIVATE-UNK INTENT ..... OFFENSES CLEARED ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED C0442 DC500 I3060 I3070 J2501 J2701 J2E01 J3501 J3E01 J3R01 J3T01 N0190 N3190 N3990 POllO Plll0 2 0 2 I 0 0 1 1 50.0 1 0 1 1 0 0 0 0 0.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 i 0 1 2 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 3 0 3 0 3 0 0 3 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 0 2 0 0 2 100.0 1 0 1 0 1 0 0 1 100.0 3 0 3 0 3 0 0 3 100.0 5 0 5 0 5 0 0 5 100.0 3 0 3 0 3 0 0 3 100.0 1 0 1 0 1 0 0 1 100.0 1 0 I 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 4 0 4 4 0 0 0 0 0.0 i I 0 0 0 0 0 0 0.0 i 0 I I 0 0 0 0 0.0 i 0 I I 0 0 0 0 0.0 R~: 8-Jan- 98 9:04 OFF01 Primary ISN's only: No Date Reported range: 11/26/97 - 12/31/97 Time range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND ~OLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 4 0 4 4 0 0 0 0 0.0 P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT I 0 1 I 0 0 0 0 0.0 T0060 THEFT~UNK LVL VAL-FRM MAIL-UNK PROP 1 0 1 1 0 0 0 0 0.0 T0069 THEFT-UNK LVL VAL-FRR MAIL-OTH PROP 2 0 2 1 1 0 0 1 50.0 TB029 THEFT-MORE 2500-FE-BUILDING-OTH PROP 1 0 1 1 0 0 0 0 0.0 TC009 THEFT-501-2500-FE-UNKNOWN-OTH PROP 1 0 1 1 0 0 0 0 0.0 TC159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP 1 0 1 1 0 0 0 0 0.0 TF025 THEFT-201-500-GM-BUILDING-FIREARMS 1 0 1 0 0 1 0 1 100.0 TF059 THEFT-201-500-GM-YARDS-OTH PROP 1 0 1 1 0 0 0 0 0.0 TG029 THEFT-LESS 200-MS-BUILDING-OTH PROP 2 0 2 1 0 0 1 1 50.0 TG031 THEFT-LESS 200-MS-COIN MACH-MONEY 2 0 2 2 0 0 0 0 0.0 TG059 THEFT-LESS 200-MS-YARDS-OTHR PROP 1 0 1 1 0 0 0 0 0.0 TG069 THEFT-LESS 200-MS-MAILS-OTHER PROP 15 0 15 4 11 0 0 11 73.3 TG151 THEFT-LESS 200-MS-MOTOR VEH-MONEY 1 0 1 1 0 0 0 0 0.0 TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER 1 0 1 1 0 0 0 0 0.0 VA022 VEH-MORE THAN 2500-FE-THEFT-TRUCK-AUTO 1 0 1 1 0 0 0 0 0.0 VE082 VEH-200 LESS-MS-TAMPER ENTER-TRUCK BUS 1 0 1 1 0 0 0 0 0.0 X2080 CRIM AGNST ADMN JUST-GM-OBST LEGAL PROCESS 1 0 1 0 1 0 0 1 100.0 X2200 CRIM AGNST ADM JUST-GM-GIVE FLSE NAM-POL 1 0 1 0 1 0 0 1 100.0 X3250 CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION 2 0 2 0 1 0 1 2 100.0 Y3230 CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH 2 0 2 0 2 0 0 2 100.0 Report Totals: 83 1 82 38 39 1 4 44 53.6 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENOA 7:00 PM, Wednesday, January 14, 1998 Tonka Bay City Hall C. Additional Business; EWMIEXOTICS TASK FORCE *A. Minutes of the 12/12/97 meeting; B. 12/12/97 meeting report; C. Additional Business; CALL TO ORDER RECEIYE I ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock · Save the Lake Recognition dinner, February 12, 1998, Lord Fletchers of the Lake READING OF MINUTES - 12/10/97 Regular Board Meeting 1/7198 Workshop/Planning Session (Handout) PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from the consent agenda. 1. WATER STRUCTURES A. Pelican Point HOA, consideration of minor change application to relocate structure; B. Discussion of outlots on Lake Minnetonka; C. City of Mound- Lost Lake Channel, consideration of request to waive renewal w/o change fee's for 1998; D. Additional Business; 2. LAKE USE & RECREATION A. Hennepin County Sheriff's Water Patrol Special Deputy Candidates; *B. Hennepin County Sheriff's Water Patrol Significant Activity Report (handout); 4. SAVE THE LAKE 5. FINANCIAL A. Audit of vouchers for payment; · 12/15/97- 12/31/97 · 1/1/98- 1/15/98 B. November financial summary & balance sheet; C. Additional Business; 6. ADMINISTRATION A. Review of draft Resolution # 95; B. Staff recommendation on required notification distance for public hearings; C. Review of draft position announcement and position description for Planning/Special Projects intern; D. Consideration of compensation adjustment for Executive Director; E. Additional Business; EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF DIRECTORS MEETING 6:00 P.M., Wednesday, December 10, 1997 Tonka Bay City Hall CALL TO ORDER Chair Babcock called the meeting to order at 7:02 p.m. DRAFT ROLL CALL Members present: Andrea Ahrens, Mound; Douglas Babcock, Tonka Bay; Kent Dahlen, Minnetonka Beach; Bert Foster, Deephaven; Tom Gilman, Excelsior; Lili McMillan, Orono; Craig Nelson, Spring Park; Gene Partyka, Minnetrista; Robert Rascop, Shorewood; Herb Suerth, Woodland; Sheldon Weft, Greenwood. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Nancy Randall, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Victoria and Minnetonka have no appointed members. CHAIR ANNOUNCEMENTS Chair Babcock reminded the Board of the Workshop/Planning Session scheduled for 1/7/98 at 6 P.M. in the Grays Freshwater Center. Chair Babcock gave a recap of the executive session held at the 11/12/97 meeting. He stated the Board reviewed the performance of the executive director. He noted overall performance of the executive director was favorable and that there would be a compensation adjustment in the near fut.~re. READING OF THE MINLrrF_3 Rascop moved, McMillan seconded to approve the minutes of the November 12, 1997 Regular Board meeting as amended. Gilman noted on page 5, the vote on motion to table under agenda item 3B should reflect he voted aye rather than nay. Nybeck noted he believed McMillan voted nay on this motion rather than Gilman. Babcock stated the minutes should reflect that on item 3B, third reading was approved; however, it was not adopted due to insufficient votes. Ayes (8), Abstained (1, Dahlen); Motion carried. Partyka moved, Nelson seconded to approve the minutes of the November 19, 1997 Workshop/Planning Session as submitted. Ayes (7), Abstained (2, Rascop, Gilman), Motion carried. PUBLIC COMMENTS There were no public comments from persons in attendance on subjects not on the agenda. CONSENT AGENDA Babcock asked to have agenda item lA, staff recommendation for refund of Schmitt Marina 1998 renewal without change application, removed from the consent agenda. Gilman moved, Nelson seconded to approve the Consent Agenda. Items so approved include the following: 2A: Minutes of the EWM/Exotics Task Force meeting. Motion carried unanimously. Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 -2- WATER STRUCTURES A. Schmltt Marina, staff recommends full refund of 488.75 for 1998 renewal w/o change application. Babcock noted staff received two 1998 renewal without change multiple dock applications for Schmitt Marnia. He noted the owner of the property, Mr. Robert Schmitt, has asked to withdraw his application and receive a refund of the application fee. MOTION: Nelson moved, Rascop seconded to approve a refund of $488.75 to Robert Schmitt for withdrawal of his 1998 renewal without change application for Schmitt Marina. VOTE: Motion carried unanimously B. Additional Business There was no additional business. ® LAKE USE AND RECREATION A. Update on 11/18/97 Sheriff's meeting. Water Patrol Joint & Cooperative Agreement Babcock stated the majority of the discussion at this meeting centered on special event permitting and how this would work with both organizations permitting them. He noted the draft agreement between Hennepin County and the District would require Board action. He asked LeFevere if he had reviewed the draft agreement. LeFevere stated he had reviewed it and that he had no concerns with it. MOTION: Dahlen moved, Gilman seconded to approve the joint and cooperative agreement between Hennepin County and the LMCD. VOTE: Motion carried unanimously B. Additional Business There was no additional business 3. EWM/EXOTICS TASK FORCE B. 11/14/97 meeting report Suerth reviewed the minutes from the meeting and noted the following were discussed: · Special event permitting in 1997 with emphasis on successes and shortfalls. · Special events in 1998 on Lake Minnetonka would be required to get a permit from the District in addition to the Water Patrol. Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 -3- A zebra mussel pamphlet will be established to be distributed to marina owners and the public to educate the public on this exotic, to identify infested waters, and inform them of boat washing requirements on Lake Minnetonka. · The potential use of a GPS system to assist in milfoil harvesting. Suerth asked staff if they would like to provide further input on the meeting. Nybeck noted staffhas been working on proposed fees and an application for special events. Ordinance Amendment, third reading of an ordinance relating to special events on Lake Minnetonka; amending Lake Minnetonka Conservation District Code Section 3.09. Babcock noted the following changes were recommended by Capt. Bill Chandler of the Hennepin County Sheriff' s Water Patrol to read: · Under Subd. 1, "Application for such permit shall be submitted on forms prepared by the Executive Director no less than 30 days prior to the scheduled date of the special event". · Under Subd. lb, condition I on page 2 should read "whether the special event has the written approval of the Sheriff and any other appropriate law enforcement officials, any municipality which may be affected with respect to parking, zoning, law enforcement, or any other municipal concern". Nybeck stated he believed the Board might want to consider maintaining the 60 day requirement for applications to be received in the District office. He added he understood Water Patrol would not issue their special event permits until they have been notified by the District that they have received a permit from us. He noted the additional 30 days would better allow District staffto complete our requirements and not slow down the permitting process of the Water Patrol. Wert joined the meeting at 7:20 p.m. MOTION: Rascop moved, Gilman seconded to approve the 3~ reading and adoption of the ordinance amendment relating to special events on Lake Minnetonka, amending LMCD Code Section 3.09. VOTE: Ayes (8), Nays (2, Ahrens and McMillan), Motion carried. D. Additional Business There was no additional business e SAVE THE LAKE Nybeck noted a third solicitation letter had recently been sent out and that funds received to date for 1998 have exceeded the budgeted revenue of $27,000. Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 -4- Babcock stated there is a need to re-establish the Save the Lake Advisory Committee in 1998 and he encouraged any Board members to contact staff or him if they are interested. FINANCIAL REPORT A. Audit of vouchers for payment 11/15/97 - 11/30/97 Nelson reviewed the audit of vouchers for payment for the period of 11/15/97 - 11/30/97. He noted check numbers 19111 through 11916 and 2095 through 2098 have been signed and approved because they are on-going payments and there was not a second Board meeting in November. He asked for Board to ratify approval of these checks. He also reviewed the audit of vouchers for the period of 12/1/97 - 12/15/97. MOTION: Gilman moved, Rascop seconded to ratify approval of the audit of vouchers for payment for the period of 11/15/97 - 11/30/97, and to approve the audit of vouchers for the period of 12/1/97 - 12/15/97. VOTE: Motion carried unanimously. B. September balance sheet Nelson stated this balance sheet was tabled at the 11/12/97 meeting because the Board needed clarification of the $590.00 of Accounts Receivable and the $2,236.00 of Dues from other Governments under Current Assets. He added staff has checked into this and the funds identified are unpaid levies in 1996 by Spring Park for Administration and EWM/Exotics respectively. He noted the Board' might want to consider consolidating these two accounts. Foster joined the meeting at 7:29 p.m. Babcock stated LeFevere had sent out a letter to the Attorney General over a year ago to get their opinion on this non-payment and had not received one yet. McMillan and Ahrens requested a copy of this letter sent out to the Attorney General. The Board directed staff to check with the bookkeeper and accountant on whether these accounts can be zeroed out in the meantime. MOTION: Rascop moved, Gilman seconded to approve the September balance sheet. VOTE: Motion carried unanimously. October f'manciai summary and bahnce sheet Nelson reviewed the October financial summary and balance sheet. Wert asked staff if any decisions had been made on reducing the savings balance and transferring them into an account with a greater rate of return. Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 Nybeck stated he had discussed this with Babcock and Nelson; however, he was trouble locating the District's Investment Policy in the office. Staff was directed to locate and place the LMCD's Investment Policy on the 1/10/98 Board agenda. MOTION: Gilman moved, Suerth seconded to accept the October financial summary and balance sheet as submitted. VOTE: Motion carried unanimously. C. Additional Business There was no additional business. ADMINISTRATION A. Appointments for 1998. Babcock stated it is that time of the year for the Board to specify appointments for 1998. He added staff has highlighted these appointments and has recommended Board approval on them in a staff memo. Auditor Selection- Abdo, Abdo, & Eick Babcock stated they conducted their first audit last year for 1996 and that they proposed a three-year plan with them. He added they have proposed to conduct the 1997 audit for $2,800, a $100 increase from last year. He asked for feedback from Rascop on their performance. Rascop stated he believed they did a good job. Legal Counsel - Kennedy & Graven Babcock noted come February, Charlie LeFevere will have served as attorney for the District 20 years if he is re-appointed as attorney. He added that an increase of less than 2.5 % has been proposed for general civil work and for attorneys working on litigation matters. He noted no increase in rate is proposed for clerks and paralegals. Prosecuting Attorney - Tallen and Baertschi Babcock noted Steve Tallen, the District's prosecuting attorney, was attendance and asked him to outline his proposal and provide input to the Board on his activities. Tallen stated he had served as prosecuting attorney for the District since 1986. He added he is proposing an increase in his hourly rate slightly less than 2.1%. He noted a great deal of his time is prosecuting BWI's, with approximately 100 this past boating season. He reviewed recent changes in BWI laws that take effect in 1998 and noted there would be some code amendments to get LMCD Code Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 -6- consistent with these laws. Other activities he reported on were personal watercraft and minimum wake infractions. Official Newspaper - Lakeshore Weekly News Babcock noted staff has recommended re-appointing the Lakeshore Weekly News as the official newspaper. · Bank depository resolution for fiscal year 1998 - First National Bank Babcock noted staff has recommended re-appointing First National Bank of the Lakes as the official depository. MOTION: Gilman moved, McMillan seconded to approve the 1998 appointments as recommended by staff. VOTE: Motion carried unanimously. Staff reconmaendations on updated fees for licenses for special events, for special density, for re-configuration of a non-conforming structure, and for deicing. Babcock outlined the staff memo regarding updating fees. He stated he believed that $50 for a single event and $100 for a multiple event might not be enough to cover expenses. Foster stated he would like to eliminate the deposit for special events and all licenses outlined in the draft resolution. He added the applicant agrees to reimburse the District for all expenses up and beyond what they pay. Babcock stated he believed that deposits should remain for special event permits and many of the other licenses because he does not want to put staff in the position of collecting revenue for licenses where expenses exceed revenue collected. MOTION: Foster moved, Gilman seconded to approve the proposed fees for special events, for special density, for re-configuration of a non-conforming structure, and for deicing, amending staff recommendations to not require deposits for them. MOTION TO CALL THE QUESTION: Gilman called, Partyka seconded to call the question. VOTE TO CALL THE QUESTION: Ayes (5), Nays (6); vote on motion to call the question failed. · VOTE MAIN MOTION: Ayes (10) Nays (1; Rascop) Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 c. Staff reconunendation on Computer Consultant. Randall noted staff had contacted several computer consultants to replace Geck Technology. She added all the consultants contacted were generally similar in skills and fees. She noted staff is recommending All Systems Go to serve as the Districts new computer consultant, because they are a local company that specializes in Microsoft products. McMillan asked what the computers are used for. Randall stated general correspondence, databases, applications, web page design, and e- mail. MOTION: Gilman moved, Suerth seconded to use All Systems Go as the LMCD's new computer consulting company. VOTE: Motion carried unanimously. De Staff update on Records Retention. Nybeck stated since the 11/12/97 Board meeting, staff has applied for and been approved by the Minnesota Historical Society for adoption of the of the city general records retention schedule. He added the next step is to begin the inventory process, to begin implementation of this plan, and to identify what types of files are not covered in this plan. He noted a secondary plan covering these files would have to be approved prior to implementing it. He concluded staff hopes to have the inventory completed by spring. F. Additional Business There was no additional business. 7. EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: · A letter was sent out to deicing installation licensees reminding them of the LMCD Code requirements. · He will be on vacation from December 24, 1997 to January 5, 1998. · A copy of a press release from Genmar (Irwin Jacobs) regarding their resignation from the National Marine Manufacturers Association (NlVlMA) was circulated. · An initial contact had been made to St. Cloud State University regarding the possibilities of an intern for the summer. He added a position responsibility would be forwarded for Board review in January. · Staff was approached by staff from the Gray Freshwater Foundation regarding the possibility moving out of our current location. The Board discussed the proposed space located in the upper level and concluded it is not feasible space because there would be no windows, because half of the current space is being offered, and because it is too expensive. The Board also discussed the idea of relocating to another building. Staffwas directed to report back to Lake Minnetonka Conservation District Regular Board Meeting December 10, 1997 the Gray Freshwater Center that the District is not interested in relocating at this time. OLD BUSINESS There was no old business -8- NEW BUSINESS Suerth asked if a date for the "Save the Lake" appreciation dinner night had been planned. He added if a date had not been set, one needs to be set in the near future. 10. EXECUTIVE SESSION - Hawks v. LMCD pending litigation MOTION: Gilman moved, Rascop seconded to go into executive session at 8:52 p.m. to discuss pending litigation, as allowed by the Open Meeting Law for c!ient/attomey privilege. VOTE: Motion carried unanimously. Meeting re-opened at 9:20 p.m. 11. ADJOURNlVlE~ There being no further business, Chair Babcock adjourned the meeting at 9:20 p.m. Douglas Babcock, Chair Gene Partyka, Secretary CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0520 December 9, 1997 Mr. Greg Nybeck Executive Director LMCD 2500 Shadywood Road, Suite 19 Excelsior, MN 55331 Re: Multiple Dock License - 1998-Lost Lake Dear Greg: Pursuant to our telephone conversation of about two weeks ago, I am writing to request that the City of Mound's multiple dock license application renewal regarding the Lost Lake Canal be set aside for the 1998 boating season. Due to the fact that our dredging project did not begin in 1997 as originally anticipated and is now scheduled for 1998, the City of Mound will not be locating docks in the Lost Lake turnaround area until 1999. Therefore, the City does not require a 1998 license but will require a license for the 1999 boating season and subsequent years. I am requesting that you "hold" the license for use until 1999. Further, I am requesting that we not be charged any fees until the application for the 1999 boating season is due for submittal. If you have any questions, please contact me. r~-'~cer6~ ~E dW~d J.~hukle,~. City Manager printed On recycled paper ITEM LAKE MINNETONKA CONSERVATION DISTRICT lanuary 9, 1998 TO: Board of Directors FROM: Administrative Technician SUBJECT: Minor Change Application - Pelican Point HOA BACKGROUND Pelican Point Home Owners Association has requested a minor change to their conforming multiple dock license structure located on Spring Park/Phelps Bays in the City of Mound. The proposed change is to relocate five inner BSU's to the outside by adding 52' of structure width. The multiple dock license was initially approved for 40 Boat Storage Units (BSL0 on 2,857' of non-continuous shoreline on 10/26/94. This breaks down further to 1,386' on the mainland and 1,471' on the island. Applying LMCD Code Section 2.02, Subd. 1 for the general 1:50' rule, and Subd. 5 for the special rule for non-continuous shoreline in close proximity, the maximum number ofBSU's that can be approved for this multiple dock are 53. The original new multiple dock license application was approved with the following five conditions. They were: 1) the applicant was to provide water depths for each BSU to be filed, 2) the number of docks installed were not to exceed the number of permits issued, 3) LMCD legal · ' 's 4) lighting plan counsel and the Board were to review and approve the association covenants, a was to be reviewed and approved, and 5) future shallow water relief for boat slips was to be granted by moving slips to the south instead of out beyond 100'. DISCUSSION Staff has further evaluated whether these five conditions have been met since the structure was approved in 1994. Detailed below is staff's findings: The applicant submitted water depth measurements for each BSU installed for the 1996 boating season in 5/96. The applicant installed 20 BSU's during the 1997 boating season. A call has been placed into the City of Mound to confirm the number of building permits issued. · Covenants were received in the office by the applicant in 5/96. They appear to have been reviewed and approved by LMCD staff, counsel, and selected Board members. · The applicant installed lights on their multiple dock structure during the 1996 boating season. The lighting plan was reviewed and approved by staff and Tom Reese, past Board member from Mound. · With regards to moving slips to the south rather than beyond 100' for shallow water relief, the proposed application appears to be for shallow water. The five proposed slips are within 100' from the 929.4' lakeshore elevation and are moving to the south. l:~vly Documcnts~Letters-mcmos~Polican Point.doc LMCD Code Section 2.03, Subd. 7 states a new license needs to be issued when any change in slip size, ownership, length, width, height or location of a structure or launching ramp is proposed. The Code continues that the Board of Directors shall issue a new license, without a public hearing and without requiring the payment ora fee therefor, provided: a) all information required by the Executive Director has been submitted by the applicant; b) the dock, mooring area, or launching ramp is in compliance with the provisions of this code; c) there is no change in the number of watercraft to be stored at the dock or launched from a ramp; d) there is no substantial change in the slip size, length, width, height or location of the dock or launching ramp, the amount of the Lake obstructed or occupied by the dock or launching ramp, the use of the dock or launching ramp, or the type ofwatercraf~ stored at the dock or launching ramp; and e) the change will not adversely effect nearby properties, navigation, safety or the environment. If these conditions are met, the proposed changes can be applied through a new multiple dock license, with minor change, application. Staff has further evaluated the proposed changes to the applicant's structure. changes would: The proposed · Not increase the total number of and size of BSU's. There still would be 40 BSU's, with eight of them having slips dimensions of 12' x 32' and 32 of them having slips dimensions of 12' x 24'. The proposed application Would decrease the length of dips 1- 6 from 32' to 24' but increase the length of slips 9-14 from 24' to 32'. · Move slips 20-24 from the inside of the structure to the outside to the south. · The width of the multiple dock license structure would expand fi-om 308' to 360'. · The proposed dock would meet LMCD side setback requirements and would not extend beyond 100' in length. · The entrance point from land to the dock would remain in the same location. Staff has a concern with the proposed 52' expansion in width and whether it can be considered by the Board with the application submitted because of LMCD Code Section 2.03, Subd. 7(d) detailed above. Staffbelieves it is a substantial change. RECOMMENDATION Staffrecommends the Board table discussion on the proposed changes until a new multiple dock license application, which would require a public hearing, is received fi'om the applicant. If you decide to consider and approve the proposed changes with this application, any approval should be subject to the applicant securing approval from the DNI~ the City of Mound, and any other governmental jurisdictions. These jurisdictions were copied on this application on 1/7/98, in compliance with MN DNR General Permit 97-6098, with comments due within 14 days. I:~ty DocumentsLLetters-memos~Pelican Point.doc DOCK - NEW/CHANGE Lake Minnetonka Conservation District License ~ear LMcD Receipt 1,3 q( 'No. Bo t. City response due Boat Density Index received Can be reached at phone (for LMCD use) Because this form is to be copied, please ! use black ink or type.! APPLICATION: NEW MULTIPLE DOCK, LAUNCHING RAMP, AND/OR MOORING LICENSE Any change in slip size, ownership, length, width, height or location of a structure or launching ramp requiring a license under LMCD Code §2.03 requires the issuance of a new license, pursuant to §2.03, Subd. 7. The Board may issue a new license without a public hearing provided the facility is in compliance with the Code; there is no change in the number of watercraft stored; and there is no substantial change in slip size, length, width, height, location, use, type of watercraft stored, or amount of lake obstructed or occupied. Print or type owner's name Owner's address Business name (if different from owner) Contact person (if different from owner) 47 -z6W 7 Phone; if no answer, call: Phone; if no answer, call: Phone Street address 5 · Mailing address (if different from street address) Property located in the City of ~7~OO~J~ Property is riparian to LMCD bay/area(s)~-~,1~ ~f' ~g , No(s). 1. Classification of use per §2.11, Subd. 2 (please check one): g) private residence a) commercial marina d) transient b) private club ~ e) outlot association_~ h) other (explain) c) municipal f) multiple dwelling 2. Site Lake frontage = Z~OO feet. BSU density = ~O 3. Describe change being applied for: ~ ;~ g~ ~i p~ &. Documents listed below are required; check that they are attached or on file with the District: ~ Scaled drawing showing present dockage Locator map Scaled drawing .showing~PrOP°sed dockage County plat map Certified land survey, Scaled drawing ~f/d°cks on abutting properties, legal description ~/ and other affe6ted dockage Absence of significant data requested,iab°ve 0U{a result in a processing delay. --~ (over)  Lake Minnetonka Conservation District ock License Application (Name) 5. Public liability insurance: Coverage $ ),CL]3,~ _; Company 6. Watercraft Storage Units (WSU) computation schedule: BSU @ 1 WSU (each slip up to 20' long and/or up to 10' wide) = _______WSU ~ BSU @ 1½ WSU (each slip 20'+ to 2a' long and/or up to 11' wide) = _~_~WSU ~ BSU @ 2 WSU (each slip 24'+ to 32' long and/or up to 12' wide) _~__WSU _ BSU @ 2~ WSU (each slip 32'+ to 40' long and/or up to 14' wide) = _WSU _ BSU @ 3 WSU (each slip 40'+ to 48' long and/or up to 16' wide) = -- WSU _ BSU @ 4 WSU (each slip over 48' long and/or over 16' wide) = ------WSU ~) BSU - : Total Watercraft Storage Units (WSU) = ~/WSU Fee calculation: Base fee. Plus number of Watercraft Storage Units (WSU) (~/ @ $7.50 as determined from WSU computation and schedule shown i~ No. 6 above ..... + Total fee enclosed (this fee is for processing of the application and does not entitle the applicant to a license) ~'~ Application fees are non-refundable. I certify that the information provided herein and the attachments hereto are true and correct; I understand that any license issued may be revoked b t ' · violation of the LMCD Cod° v ........... Y he Dzstrzct for ~. ~ d~ee co rexmourse cae uistrict for any legal, surveying, engineering, inspectiom, maintenance or other e nses i District in excess of the ....... ~ ....... xpe ncurred by the -~uuuu oz cae application ~ee I consent officers a . . - to permittin · . nd agents of the Dzstr~ct to enter the -r=-~ ........... g znvestzgate and to determine whether or not th ~T~=:~ 't_az~ re~sona~£e tzmes to with. e C .... f the Dz~trzct zs bezng complied I agree to submit a certified, as-built survey upon complet/~n of the docks. /'~ Authorized signat . Relationship to o, er Return tbi's application and.a~t~m~n-t~7.to.:.. Lake Minnetonka Conservation District '= ' ., i~ ' ~ i'90O E. Wayzata Blvd., Suite 160 ~ayzata MN 55391 ,'~hone (612) 473-7033 11/92 ~-C~_~-______ ~ -Pelic an Point Home Owners Association of Lake Minnetonka Water depths for each boat slip for currently approved and proposed dock plan Date 11 ~26~97 Current water elevation Water depth at slip 4 Normal High Water Elevation Water depth at slip 4 for 929.4 el. 929.4 46 929.4 46" Currently aproved plan depth at normal Slip no. high water Slip size I 38 12x32 2 40 12x32 3 44 12x32 4 46 12x32 5 48 12x32 6 50 12x32 7 52 12x32 8 53 12x32 9 54 12x24 10 56 12x24 11 58 12x24 12 60 12x24 13 60 12x24 14 60 12x24 15 60 12x24 16 64 12x24 17 64 12x24 18 66 12x24 19 66 12x24 20 48 12x24 21 48 12x24 22 48 12x24 23 48 12x24 24 42 12x24 25 42 12x24 26 42 12x24 27 42 t 2x24 28 4 2 12x24 29 42 12x24 30 42 12x24 31 42 12x24 32 42 12x24 33 40 12x24 34 40 12x24 35 36 12x24 36 36 12x24 37 30 12x24 38 30 12x24 39 30 12x24 40 30 12x24 Slip location outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside nside nside inside inside inside inside inside inside inside ~nside inside inside inside inside inside inside inside inside inside inside inside (8) 12 by 32 foot slips and (32) 19 outside slips and 21 inside Average slip depth 12 by 24 foot slips slips 47.025 Proposed Plan depth at normal Slip no. high water Slip size 1 32 12x24 2 36 12x24 3 39 12x24 4 39 12x24 5 41 12x24 6 45 12x24 7 47 12x32 8 47 12x32 9 49 12x32 10 51 12x32 11 53 12x32 12 55 12x32 13 56 12x32 14 56 12x32 15 56 12x24 16 58 12x24 17 60 12x24 18 60 12x24 19 60 12x24 20 62 12x24 21 64 12x24 22 64 12x24 23 64 12x24 24 66 12x24 25 50 12x24 26 50 12x24 27 48 12x24 28 48 12x24 29 42 12x24 30 42 12x24 31 42 12x24 32 42 12x24 33 42 12x24 34 42 12x24 35 42 12x24 36 42 12x24 37 42 12x24 38 42 12x24 39 40 12x24 40 40 12x24 Slip location outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside outside inside /~inside .'~ inside · inside ' :~inside inside inside inside inside inside inside inside inside inside inside inside (8) 12 by 32 foot slips and (32) 12 by 24 foot slips 24 outside slips and 16 inside slips slip depth 48.9 PARK AND OPEN SPACE COMMISSION MINUTES December 11, 1997 Present were: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, Marilyn Byrnes, Park Director Jim Fackler, and Secretary Clare Link and the following interested citizens: Sue Crawford, Christine Fitz and Mary Berglund. Those absent and excused were: Council Representative Leah Weycker. Motion made by Byrnes, seconded by Pederson to approve the minutes of the October 9, 1997 Park and Open Space Commi~ion meeting as amended: meeting adjourned at 9:30 p.m. Motion carried unanimously. AGENDA CHANGES Add Review of the Comprehensive Plan under Discussion and update on Ralph Bower. Information on the Community Ed Yearbook. Budget Figures for Parks and Beaches. PLANS FOR PLAY STRUCTURE AT AVON PARK Commissioners reviewed the play structure costs at Avon Park. Colleen Fitzgerald stated new seats and a bucket for the existing swingset would eliminate the need to remove it. Fackler stated the swingset will require a large berm with sand in it. He stated if the budget allows, it could be moved. Pederson stated we should recommended the swingset be saved. Motion by Byrnes, seconded by Pederson to recommend the swingset be saved ff possible. Motion carried unanimously. Fitzgerald stated she would rather save the swings than the back drop. Fackler stated work would probably begin in May. 1997 CAPITAL OUTLAY EXPENSES Fackler reviewed what was spent under capital outlay in 1997. He reviewed park dedication fees. He reviewed proposed capital outlay expenses for 1998. Byrnes asked if the rental fees from the Depot should come back to the parks budget. Fackler noted it is only a minimal amount. Park & Open Space Commission Minutes - December II, 1997 Botko was directed to bring up the idea with the Community Education Council. COMPREHENSIVE PLAN PROCESS Casey asked for an update on the Comprehensive Plan. Fackler stated he would check with the City Manager and report back at the January meeting. RALPH BAUER ISSUE Casey asked for an update on the Ralph Bauer land permit. Fackler stated he would have Jon Sutherland report on the progress and bring back the information at the January meeting. MEETINGS Commissioners discussed increasing the number of members in order to have enough people at the meetings. Fackler suggested not having a meeting every month. You may find that you don't need to meet every month. He suggested talking about it at the January meeting when the annual agenda is planned. Casey believed there should be a meeting every month. Further discussion will be at the January meeting. REPORTS A. City Council Representative No report B. Park Director No report ADJOURN Motion by Botko, seconded by Byrnes to adjourn the Park and Open Space Commission Meeting at 8:55 p.m. Motion carried un~nlmously. DOCK AND COMMONS ADVISORY COMMISSION MINUTES December 18, 1997 Present were: Commissioners Frank Ahrens, Mark Goldberg, Dennis Hopkins, Jim Funk and Gordy Tulberg. Parks Director Jim Fackler, Dock Inspector Tom McCaffrey and Secretary Clare Link. Those absent and excused were: Mayor Bob Polston. Also present were the following interested citizens: Marilyn Byrnes, Klm Terwilliger, Deborah Berg, Pam Porter, Bruce McComb and Dwight Gardstrom. MINUTES Motion made by Tulberg, seconded by Funk to approve the minutes of the November 20, 1997 Dock and Commons Advisory Commission meeting as amended: Page 2, third paragraph from the bottom, Devon should be Amherst. Motion carried unanimously. AGENDA CHANGES Goldberg stated he would like to discuss doing a yearly survey of abutters and non-abutters. PUBLIC LANDS PERMIT Goldberg noted Sutherland was unable to attend this evening. He stated he would like to look at the non-controversial dock sites and those of the residents in attendance. Cambridge Lane (dock site 51375) was discussed. Goldberg noted the stairway needs a better transition at the bottom. Mr. Porter asked how far the City can go to enforce areas of concern. Faclder stated that encroachment repairs are the responsibility of the homeowner. Goldberg explained when approval is needed by the City. Mr. Porter asked if there wasn't a stairway, if one would have to be created. Faclder stated a stairway is basically access to a dock site. Mr. Porter was concerned about being able to afford what the City would ask to be done. McCaffry suggested the resident meet with the Building Official to address current and future concerns. Mr. Porter noted it could be repaired by spring. Ahrens stated he had a problem with holding the dock permit until the work has been completed and suggested the recommendation be stricken. Commissioners concurred dock site 51375 should be pulled from the list. Goldberg stated the non-conforming dock structure platform should fall under the recently passed policy, and the Porters should be given a five year permit. Dock site 51735 was discussed. Marilyn Byrnes noted the fence belongs to the neighbor and is not hers. She also noted the area is identified as Brighton Commons and has always been known as Wychwood Commons. Fackler noted the dedicated plat is Wychwood, and the dedicated shoreline is Brighton Commons. Ahrens noted there is a designation in the use plan which identifies Wychwood Commons and Brighton Commons. Goldberg stated it can be straightened out. Byrnes discussed her concerns about fees for encroachments. Ahrens understood the fee was initiated to separate the encroachments from the docks. Monies collected would be used to remove encroachments if needed. Byrnes was not in favor of the new fees. Goldberg noted the encroachment fees are for non- conforming structures. Fackler noted the 1908 plat of Wychwood identifies the commons as Brighton Commons. It was noted the fence would be moved to the correct resident and the Building Official notified. Dock site 50970 was discussed frerwilliger). Terwilliger noted the stairway itself has been approved. The handrail was cut off on the walkway and should be identified on the report. The retaining wall is old and has been grandfathered in. She stated she needs to talk to the Building Official. She was instructed to call the Building Official. Dock site 50670 was discussed (McComb). McComb discussed the purpose of the commons area. He stated he is in favor of the encroachment fees. He stated he would like to be reimbursed for all the work he has done to maintain the commons area. Ahrens again clarified what will be charged the encroachment fee. Commissioners discussed the purpose of the fee. Ahrens suggested the encroachment fee be discussed in detail at a future meeting. Dock site 51315 (Burg) was discussed. Burg was concerned about what is encroaching. She believed the deck on her house was identified as an encroachment. Fackler believed a platform section by the shoreline is the actual encroachment. Burr was also concerned about the issue with the handrail not be grippable. Fackler discussed the permitting process and noted that the Building Official will contact her to clarify. Dock site 51105 was discussed. Ahrens suggested it be carried over to another meeting to allow the resident an opportunity to discuss. Dock lighting was discussed. Dock site 51030 was also pulled. Ahrens suggested moving on the dock sites that have no issues. Commissioners reviewed the list to identify those which can be moved on and those which should be heldover for further discussion. Motion by Tulberg, seconded by Funk to recommend approval of the public lands permits as identified to move on to the City Council. Motion carried unanimously. Fackler noted they would be heard at the City Council on January 13, 1998. FISHING DOCK Fackler stated he has contacted the DNR regarding aquatic weed control. Commissioners discussed when and how it can be applied. Hopkins discussed weed control, clearing the wooded area for access to the lake, and costs. He recommended clearing the area and treating in the spring of 1998. Goldberg suggested a public hearing be held for residents in the area. Fackler stated a public hearing is not needed, but residents can be informed it will be an agenda item at a future meeting. The item will be on the February agenda. Fackler noted the City will need to apply for a public lands permit. Motion by Funk, seconded by Ahrens to place this item on the February agenda and invite neighbors in to discuss. Motion carried unanimously. 1998 BUDGET Fackler noted the 1998 Budget was approved. AGENDA CALENDAR To be reviewed at January meeting. SURVEY Goldberg stated he would like to do a survey of abutters and non-abutters with dock applications to get input on overall satisfaction. It will serve as a comparison to the survey done three years ago. Fackler suggested a separate mailing. Commissioners discussed what should be included in the survey and when it should be done. Ahrens suggested it be done at the end of the summer. ADJOURNMENT MOTION made by Ahrens, seconded by Tulberg to adjourn the Dock & Commons Commission Meeting at 9:50 p.m. Motion carried unanimously. Chair, Mark Goldberg Attest: