The URL can be used to link to this page

1990-11-13 CC Agenda PacketC TTY COUNC TL PACKET - 1 �� 1 PAGE 3159 t CITY OF MOUND , awn MOUND, MINNESOTA AQ2NDA k ' ,ate MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M. TUESDAY, NOVEMBER 13, 1990 SCHOOL DISTRICT BOARDROOM 1. PLEDGE OF ALLEGIANCE �s 2. APPROVE THE MINUTES OF THE OCTOBER 23, 1990 - s REGULAR COUNCIL MEETING. 3. Presentations to Recyclotto Winners: - Mike Gray, 4852 Glasgow Rd. - $50.00 - Ray Grover, 5933 Hawthorne Rd. - $150.00 4. CASE #90 -935: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OVERSIZED BUILDING AT 3020" HIGHLAND BLVD., LOT 7, BLOCK 20 -THE. HIGHLANDS, PID 123- 117-24 41 0013 DOUG & CAROL FARMER. 5. BID AWARD: 1990 -91 CBD SNOWPLOWING. 6. DISCUSSION: PRELIMINARY ASSESSMENT ROLL - CBD S r ^�� F SJ PARKING PROPERTY ACQUISITION &� IMPROVEMENTS. (MATERIAL TO BE DISTRIBUTED TUESDAY EVENING.) ' A 7. REQUEST FOR TIME EXTENSION ON COMPLETION OF CITY ' HALL ADDI'T'ION & REMODELING PROJECT. Pg. 8. COMMENTS AND SUGGESTIONS FROM CIZ;ZENS PRESENT 9. APPROVAL OF PAYMENT REQUEST NO. 1 - LIFT STATION IMPROVEMENT PROJECT. Pg. 3189 a, 10. RESOLUTION APPROVING "ADOPT A GREEN SPACE" PRvGRAM 3 AS RECOMMENDED BY THE PARKS & OPEN SPACE COMMISSION. Pg. 3191 -3196 t 11. PAYMENT OF BILLS Pg. 3197 -3214 12. INFORMATION /MISCELLANEOUS A. Department Head Mont:,ly Reports for October 1990. Pg. 3215 -3231 B. Planning Commission Minutes of October 22, 1990. Pg. 3232 -3235 PAGE 3159 C. LMCD Representative's Monthly Report for . October 1990. D. LMCD Mailings. E. Analysis of City Liquor Store operations fort - 1989 as published by the League of Minnssdl Cities. F. 1991 Proposed Legislative Policies and Pt3., , Please note that the annual im Policy Meeting is scheduled for Tuesday, Novi 1990, from 9:00 A.M. to mid - afternoon. plan to attend, please let Linda know November 19. The meeting will be held Hotel Sofitel. #a G. List of Hennepin County "Member at Large , 1 for 1991. If you are interested, pleas#; Fran. She will find out the process by could apply for appointment to the variott; and commissions. wr. H. REMINDER: 1991 Budget Hearin - Tuesd { November 20, 1990, at 7:30 P.M. in the 'S District Boardroom. I. REMINDER: Tree Lighting Ceremony, Tuesd November 20, 1990, at 6:30 P.M. at Chris -` Tree, downtown Mound. Please note this precedes the Budget Hearing. J. Due to the fact that the completion date pushed back to December 15 and that we w`. moving from the addition back into the olc`:; until December 1, it is unlikely that we w holding any advisory commission meetings br' Council meetings in the new Council Chatmbe� , Janudry 1991. We will continue to meet at <', School District Boardreom until further K. Letter dated November 6, 1990, from Paul Lewin, 6216 Red Oak Road, complimenting Geno Yr, = n ~ Hoff and Greg Skinner on the fine jobs they a' doing with the City. L. City Hall will be closed on Monday, November 14� 1990, in observance of Veteran's Day and Friday, A ; November 23, 1990, the day after Thanksgiving. M. Response from Robert D. Sjogren, Ph.D., . Metropolitan Mosquito Control District. Pg. 33d+ S Fr PAGE 3160 s.: Y� Nq i KINUTEB - MOUND CITY COUNCIL - OCTOBER Z il90 t, The City Council of Mound, Hennepin County, Kinnesota, regular session on Tuesday, October 23, 1990 in the District School Board Meeting Room at 5600 Lynwood Blvd.., ie City. Those present were: Mayor Steve Smith, Councilmembers Ahrens, Liz Jensen, Phyllis Jessen and Sktp Johnsen, present were: City Manager Edward J. Shukle, Jr., city... Fran Clark, Attorney Curt Pearson, City Engineer John Building Official Jon Sutherland and the following in citizens: Peter Johnson, Jerry Longpre, Phyllis W'., Johnson, Jerry Dodds, Mike Mueller, Sr., Mike Mueller, Jr.;` Lansing, Dick Schwert, Walt Wolfe, Pat & Paul KeiseEi,�. Scherven, Vern Schwalbe, Carol & Doug Farmer, Linda & �' Jagerson, Mary & Roger Dolliff and Ken iiiith. The Mayor opened the meeting and welcomed the people attendance. The Pledge of Allegiance was recited. Z 4 RECYCLOTTO WINNER h;t. The Mayor announced that we have another Recyclotto �►innil;ri r Micheal Gray, 4852 Glasgow Road. He won 50 Westonka Dollars: F 1.0 MINUTES MOTION made by Jensen, seconded by Johnson to approve the minutes of the October 9, 1990, Regular Meeting and the- October 16, 1990, Committee of the Whol Meeting, as presented. The vote was unanimously in favor. Xotion carried. y; 1.1 PUBLIC BEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $4,539.37. Mayor Smith opened the Public Hearing regarding delinquent utility bills. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing and turned the item back to the Council. Johnson moved and Jessen seconded the following resolution: 3/4 / 162 ' October 23 1990 RESOLUTION 90 -127 RESOLUTION TO APPMOPE UTILITY BILLS IE TU AUNW AND AUTHORIZING TEE 8T WATER SERVICE TO 22 . The vote was unanimously in favor. Notion carried. 1.2 CO NTINUED PUBLIC SNARING: CONBIDRU21QX QN IMPROVEMENT PROJECT TO ACQUIRE MAD MEMOW , :'- PARKING TO SERVE THE CENTM BUSIEEAA a The City Manager explained that Phase I of the Ena►i ti, +, Assessment for the Central Business District been completed by the McCombs Frank Roos. He stated.. Engineer will review this with the Council. He received a hone call from Ms. y y p No late today and "� against the acquisition of the parking lots. The amount of the Option Agreement is $235,000. AftA the City could sell approximately 22,000 squarest Cllr 1.. Johnsons for 14 60,000 and an easement to the Netropblitaa Control Commission (MWCC) for their lift station and that runs under the one parking lot. The City Engineer explained that the following concldsio� recommendations are from the Phase I Environmental Ass the areas to be acquired: v u *` 01 1. The site displayed no visual evidence that there surface contamination. 2. The potential for hazardous materials exist on the site appears to be slight. 3. There are hazardous generators, users, disposers within one mile of the generators are licensed and controlled agencies. Based on the data reviewed and site reconnaissance described herein and pending contrary information by the regulatory officials contacted, we do not consider additional environmental assessments necessary at this time." He stated that the assessment formula used to determine individual assessments is the same one that has been used since the early 1970's for the CBD Parking Maintenance Program. There are several items in this formula that would need to be verified • 314 c2- as being up -to -date, i.e. parking provided, cos# Ak required, employee parking required. He then site plans for sharing the costs of the acquisition auk ism The following are the city - business splits bei:r, , Alternate 1 - 50% City - 50% Business of $ile dw Alternate 2 - 40% City - 60% Business of $141,6p6., Alternate 3 - 251 City - 75% Business of $177 :6" The Mayor reconvened the Public Hearing. The fol spoke in favor of the City /businesses acquiri �.. Peter Johnson, Dick Schwert, Jerry Dodds, Rik* Dili Mueller, Sr., Paul Meisel, Roger Dolliff. xis_ stated he would like to know that there will be and egress on Commerce Blvd. from the parking lot U Tonka West Center and the Coast to Coast. r , The City Attorney stated that the Johnson *s offer to contingent upon cross easements being obta Mueller/ Lansing, the City of Mound and the Johns; Mueller, Sr., stated that he would agree to the crow1 as long as there is ingress and egress on Commerce $1� Walt Wolfe, Mound Lodge, objected to the assessment that the Mound Lodge be removed from the CBD District Manage_ explained that the Lodge obtained their bu for their new building on the basis that they were CBD District. The Mayor closed the public hearing.° The City Attorney stated he has prepared 2 resolution*, s denying the improvement and one ordering the improvement.` YUSwti� r Johnson moved and Jensen seconded the following resolution.:' RESOLUTION #90 -128 RESOLUTION ORDERING INPROVMMXT 5 ` PREPARATION OF PLANS AND AUTSORIEI J EXECUTION OF AN OPTION AGUENRY? • DAKOTA RAIL, INC.'';` The Mayor read proposed resolution. The Council discussed verifying the parking space numbers and the formula; the M ;4 percentage split between the City and the businesses; and when an assessment role could be prepared and a public hearing on the assessment held. The City Engineer stated that Staff's recommendation would be to hold the hearing December 11, 1990 He would then have tine to present the • Council with a preliminary roll. 3143 164 October 23, 1990 z.. The City Attorney suggested that the Co UWU-` V MW expensive assessment in their notices to tblt because they can always lover it at the a' but they cannot increase it at that time The vote was unanimously in favor. Motion carried. The Council then discussed the percentage split bst* and the businesses. 1.3 MOTION made by Johnson, seconded by JOB"& prepare a preliminary assessment soil tat splits i 1. Sot City - SOi Business" 2. 45t City - SSi Busiaesses 3. 40% City - 60% Businesses 4. 35% city - 65t Businesses The vote was unanimously in favor. Notion 0 4 1.4 CAS 190 RBOOBST FOR NI' The City Attorney explained that this minor i# necessary to correct the encroachment of the into part of Lot 3. It is also necessary for tb- a Partial Release of Mortgage for this property is a minor lien holder on the property from when given an improvement loan through the City and C , Jensen moved and Ahrens seconded the following rosolUtIOW"V . . R8SOLUTION #90 - 129 RESOLUTION TO APPRM OF LOTS 2, 3, i 4, AODITORPS NO. 167, PID #14- 117 -24 44 0002 (2339 i 2345 COMNERCE BLVD—)* fa0 -936` " The vote was unanimously in favor. Motion carried. 7 x • 1.5 MOTION made by Jensen, seconded by Johnson to aatbot#S• Mayor and City Manager to execute a Partial ReleaWi of Mortgage !or property described as follows: "That Patti +s# Lot 3, Auditorls Subdivision No. 167, Sennepin COUStyr Minnesota, which lies Northerly of the following described line: Comm,?z ^ring at the Southwest corner of said Lot U thence north along the west line of said Lot 3 a distance of 17.4 feet to the point of beginuinq of the line to be described; thence easterly deflecting right 90 degrees 08 i 3��y minutes 14 seconds a distance of 109.60 is easterly to a point on the mast line of mi# 1.12 feet north, as measured along said mast Southeast corner of said Lot 2, and said liJta The vote was unanimously in favor. Motion eats'h 1.6 PUBLIC HBARINQs The Building Official explained that this is befori because the Zoning Ordinance states that no a shall exceed 10 percent of the lot area, and in r, 840 square feet of floor area except by Conditional' The existing lot area`is 13,272 square feet. The is 24' x 24' (576 square feet) . The proposed Oddit garage is 24' x 16' (384 square feet). This would.;" accessory building 960 square feet or 120 square 840 maximum allowed. The Planning C ommission approval. ' #u The Mayor opened the public hearing. _ The applicant, Doug Farmer, explained that him., antique cars. He has 2 old restored Buicks, regular 2 vehicles and other items that he needs-,Q.' David & Linda Jagerson, 3016 Highland Blvd., objad # addition because they feel it will negatively ice' market value of their property. They also stated t not feel this request meets the criteria ( #23.505.1, 1, 6 and 7) for a Conditional Use Permit. Doug Farmer stated he has talked to the neighbor on t t 51 AM other side of Jagerson's; the one on the other side of heir property; the ones across the street; and they had 06 �;:. objections to the addition., . -: The Mayor closed the public hearing. � Councilmember Jensen asked if another garage the same size as the present one could be constructed on the property. The City " Attorney stated the ordinance is unclear as it addresses square footage and not number of buildings. The Council discussed the following: • ,314,5' 166 October 23, 1990 1. Criteria for a conditional use perait toward business than residential. 2. The square 960 s � qu guars foot aocessorg less than 101 of the lot area. 3. Hard cover not being addressed in the Code. 4. The Planning Commission is discussing moatii of things in the current zoning cc". MOTION made by Johnson, seconded by .Teneft to prepare a resolution of denial for ti## it does not most the criteria for_gramtiag a.` Permit. Councilmember Jessen stated she had just arri town and did not have a chance to go crat zed property or the surrounding properties so @ abstain from voting. MOTION made by Jensen, seconded by fmith to tab"R: to the November 11, 1990, Regular Meet; q. unanimously in favor. Notion carried. 1.7 CASE #90 -938: Ahrens moved and Jessen seconded the following resolution: � z; RESOLUTION #90 -130 RESOLUTION DENYINq THE RWM" Or "A x� R. GAVIN FOR A FRONT AND slog SETBACK VARIANCE FOR LOT i SLACK Ao SHADYWOOD POINT, PID #13- 117 -26 11 Odi} (S 0 0 0 ENCHANTED ROAD),, P i 2 CM " #W. -. 938 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITISSNO PRSBSNT There were none. 1.8 CERTIFICATE OF RECOGNITION FOR THE 70TH ANNIVSRBARy OF M MINNETONKA AMERICAN LEGION P08T #398 The Mayor read the Certificate of Recognition which he will present at the Anniversary celebration on November 10, 1990. 31L� � I . f yF: o • Smith moved and Ahrens seconded the following: RBSOLDTION #90 -131 CBRTIPICATB OF RBOO�IlTOM , AUNIWRSART OF TRZ UNION P08T #398 The vote was unanimously in favor. Motion carried. z 1.9 REQUEST POR PAYMENT - IBLAND P11Rt aARKAB ROOF r MOTION made by Jensen, seconded by Johnson Payment Request #1 for the Island Park garage , B i B Sheetmetal i Roofing in the amount of vote was unanimously in favor. Notion aarrie+t. ' � 1.10 pISCO$BION: SBORRLAND MANAGBME,IT RGREBMBN'1' « ! The City Manager presented the latest draft of the as Management Program for Lake Minnetonka, dated October received this late yesterday. Included was a draft Y. the shoreland protection section from the City of. ' 11�� response from L.M.C.D. Chair Dave Cochran and David ` There is a meeting of the L.M.C.D. tomorrow night to changes made in the Draft. =� The City Manager stated that the City Planner has a►fd ., m ;° the L.M.C.D. shoreland protection section is not a resEt.,t,n" a the Dept. of Natural Resources model Shoreland Ordina>. "' Planner has not had a chance to review the latest dTa$t' A should be given the time to rev:.ew it in detail. The 4 101, could give a comparison between the DNR shoreland regulRtlog" "' x the L.M.C.D. shoreland regulations and the City of Kourid�d.. regulations. The City Manager stated that the it is his understanding that that' ; L.M.C.D. may choose not to be the coordinator for the Shorolaw Ordinance development process that would be funded in part with` State funds. This would meal.i that each City would be responsib for their own Shoreland Ordinance. The City Attorney stated the there is nothing wrong with the Agreement submitted by the L.M.C.D. for their coordination of the Shoreland Management Ordinance, if the Council wants to enter into it. The City Manager suggested tabling a decision on any of this until after tomorrow nights meeting. Mayor Smith stated he will be attending this meeting. The City Manager also stated this would give the City Planner time to review the latest draft. 3192 • 168 October 23, 1990 td4 r. This would also allow the Planner to ive a �'a.. g �riSee� different regulations (DNR, LMCD and City of Mound).* 4 NOTION made by Johnsoa, seconded by Ahreas to decision on LNCD Ghoreland the November 13, 1990, Regular Meeting, the, unanimously in favor. Notion carried. 1.11 APPROVAL OF RECOXXZNDATZON FROM ReOgON1 COMMISSION RE: FACILITATOR ON DOWNToW 020DY The City Manager explained that the Economic Commission has recommended hiring someone to be -tbo on the Downtown Study. There is $15,000 in CDBG f- for the purposes of economic development planni' Commission recommends that the staff prepare ea Rile a Proposal (RFP) to planning firms who would pYO1 y '` contractual basis a person to serve as the facikit�k accomplishing the recommendations as set out in tha Study. k � Johnson moved and Jessen seconded the following resoitttio�ft RESOLUTION #90 - 132 RESOLUTION APPROVING A FROM THE ECONOMIC DEYEL1i�_�' REGARDING TdE HIRING OF A Ali: FOR CARRYING OUT THE OF THE DOWNTOWN BTUDY DA3fD 1990, PREPARED BY VAN DORNN STALLINGS AND PUBLIC FINANCIAL The vote was unanimously in favor. Motion carried. 1.12 GENERAL ELECTION MOTION made by Jessen, seconded Jensen to set November I a 1990, at 7:30 P.N. as the time to Canvass the Local cer Election, at the City Hall. The vote was unanimouslt i0 favor. Motion carried. Johnson moved and Ahrens seconded the following resolution: 1.13 RESOLUTION #90 -133 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION, NOVEMBER 6, 1990 The vote was unanimously in favor. Motion carried. • I 1.14PAYMM OF ZXLTA WTiON made by Jansen, seconded by JOSSOU t6 - - ............... payment of bills as presented on the pre-list is 00 of $466v650.01.. when funds are available. it soli � was unanimously in favor. Notion carried. ADD-ON ITIM 1.15 CBD PARKING LOTBL DAlCOTA RAIL Po IC I MZW The City Attorney suggested that a number of Ate" bo, conform with the closing date on the CBD Parking Lott. NOTION made by Jensen* seconded by khreas to staff and City Engineer to do the followings 1. Have the CBD parking lots surveyed =41'' descriptions done (NWCC to share in lot across from gnus* Of Soy). rile for a subdivision of property or Z. railroad property north of the railroad iY_ that it is ready to convey to the 3. Pend a letter to 2111 Sills Purchase Option. • �-` 4. Prepare a Purchase Agreement With the johnp ► sell that pertion Of the property to S. Prepare cross easements for the PW%FVW& 10Z the railroad tracks (Tonka West lot, t er Coast lot and city property). The Vote was unanimously in favor. Noti on carried* INFORMATION /MIS C ELLANEOUS EL&—MOUS 31 _ A. September 1990 Financial Report as prepared by John Norman,- Finance Director. B. Association of Metropolitan Municipalities 1991 Legislative Policies. C. Letter dated 10/313/90 from Randi Saba, 2348 Commerce Blvd., on mosquito spraying. D. Letter dated 10/11/90 from the Minnesota Dept. of Public Service notifying the city of a Certificate of Commendation from Governor Rudy Perpich on the City's Community Energy Program. E. Economic Development commission Minutes of October 18, 1990. • 314? J. Shukle, Fran Clark, CMC, City Clerk ktl A • • � 1 �o 170 October 23, 1990 F. Planning Commission Minutes of October 8,, 19 G. Parks & Open Space Commission Minutes of Octobeir--,��.' NOTION made by Jenson, seconded by Jeseen A** 10:50 P.M. The vote was unanimously In carried. J. Shukle, Fran Clark, CMC, City Clerk ktl A • • � 1 �o .y • PROPOSED RESOLUTION N; RESOLUTION #90- RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN OVERSIZED ACCESSORY BUILDING AT 3020 HIGHLAND BOULEVARD, LOT 7, BLOCK 2, HIGHLANDS ADDITION, PID #23- 117 -24 -41 0013 P E Z CASE ##90 -935 WHEREAS,' the City Counc held a public heari on October' 23, 1990, pursuant to the Mound Code of Ordinances to constdow the issuance of a Conditional Use Permit to allow construction of an oversized accessory building at 3020 Highland Boulevard, Lot 7, Block 2, Highlands Addition, PID #23- 117 -24 -41 0013; and WHEREAS, all persons wishing to be heard were heard; and '# WHEREAS, the applicant is proposing to construct a 16' x 24' addition onto an existing 24' x 24' detached accessory building resulting in 960 square feet of floor area; and WHEREAS,. the subject property is located in the R -1 Single Family Residential Zoning District; and WHEREAS, the Mound Zoning Code allows accessory structures that exceed 840 square feet of floor area in Residential Dis- tricts subject to issuance of a conditional use permit; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval. NOW, THEREFORE, BE IT RESOLVED ty the City Council of the City of Mound, Minnesota, that a Conditional Use Permit for an oversized accessory building is hereby granted subject to the following conditions: 1. The garage space is to be used by the occupant only. 2. A landscape plan must be submitted and approX by the City Planner to ensure adequate% etivn sc een For the adjacent neighbors to the north. 3. This Conditional Use Permit is granted for the follow- ing legally described property: Lot 7, Block 2, Highlands, PID #23- 117 -24 -41 0013 (3020 Highland Boulevard). 3)7/ • 31)2 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION September 24. 1990 Case No. 90 -935: Douglas i Carol Farmer, Hi ghimW Blvd., Lot 7, Block 2, Highlands, PID /23- 117 -24 -41 0013, Ct)NDITIj2t 1. USE PERMIT FOR AN OVERSIZED ACCESSORY BUILDIwG, (PUBLIC HEARING). Building Official, Jon Sutherland, reviewed the applicant's request to build a 16' x 24' addition onto an existing 24' x 24' detached accessory building. The square footage of the finished accessory building would total 960 square feet which exceeds the 840 square foot minimum without a conditional use permit. The proposed addition and the existing garage conforms to all required setbacks. The applicant's request appears to meet the criter;a for granting a conditional use permit. Staff recommended approval cF the conditional use permit as requested. The applicant, Doug farmer, spoke on his behalf and explained the reason for the garage expansion is to store two 1939 antique cars, which is his hobby. Chair Meyer opened the pu hearing. David & Linda Jagerson, abutting neighbors to the subject property, spoke In opposition of the proposed garage expansion. They nc.ted the following reasons: • I. The use Is nonconforming to the residential nature of the neighborhood. 2. The lots In the area are too narrow. 3. The increase in hard cover. 4. They plan to construct a foyer addition in the near future, and their view from It would be obstructed by the garage. Mueller noted that, Including both the garage and the house, only 18% of f > lot will be covered. Chair Meyer closed the public hearing. The Commission expressed concern regarding the use of the garage, and how they can prevent a commercial use to appear in the fu- ture. After further discussion regarding the aesthetics of the garege, the following motion was made. MOTION made by Mueller, se•:onded by CIapsaddIe to recom- mend approval of the conditional use permit to allow a 960 square foot garage as proposed, with the following stipulations: 1) the garage space is to be used by the occupant only, and 2) the applicant is to submit a landscaping plan for approval by the City Planner to determine that edeq foundation screening is provided (especially to the � side of the structure). Motion carried 7 to I (those In favor were: Clapsaddle, Muel- ler, Thal. Meyer, Jensen, Smith and Michaell Voss was oppo_ed). Voss stated his reason for opposing is that he sees potential for future abuse of the use. ThI case wt'i be heard by the City Counc1I at a pubIin hearing scheduled (_ tober 23, 1990. Mo�No Coy ;� oft 160 OCT' Mou►vv� Mlnr. , ; ., We 've r 4 do yt�1 G'��1/�Je/tiCiifL rv� r�L i�, g I, / tr A6e._ • ��/ D gel c *rF - a/ W- �c e fo word ow �.T .v� >o .Z� wr1L 1so�rcv, to o rv, slar,� -� Dv) I Ke-, A G41" I Icl ieS ��t fl Selow boo v.; r e 1 � (l by (`PmoUlh� PrLL my Veh lele5 'Morn S +r ee� rrAD 1' �v� uJ fF A-re f , I Ac 4p YJ 5r��x� �-2(� s ✓ � -- �nr -6rvs v 7 crri� �vo �3 o °J� f - �� ✓�� mutts x JOS i w 7 ,2 ( WIK� -B tic k U e, co -;Oo Am r r _ / /'l %�� A L07 9)c<k -ra f .. role - f e r s /tIvv wctld �J Ccc�'r LR rje perlicw �� T3,lcIf !ehd 7 y ea s5�81� . �c� oft A • . 1 Ate, r role - f e r s /tIvv wctld �J Ccc�'r LR rje perlicw �� T3,lcIf !ehd 7 y ea s5�81� . �c� CITY cif 1IOU1 \'D MOUND. SUI ►'MTA�56.364 (612) 472•1155 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN OVERSIZED ACCESSORY BUILDING AT 3020 HIGHLAND BOULEVARD. NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota, will meet in the School District Beard Room at 5600 Lynwood Blvd., Mound, Minnesota at 7:30 p.m. on Tuesday, October 23, 1990 to consider the issuance of a Conditional Use Permit to allow an oversized accessory building to be con- tructed at 3020 Highland Beuievard, legally described as Lot 7, Block 2, Highlands. All persons appearir; at said hearing will be given the opportunity to be heard. n Francene C. Clark, City Clerk Puhlishet, in "The Laker" October 1, 1990, and mailed to property owners within 350' or October 12, 1990. 31?7 STAFF RECOMMENDATION DATE: TO: FROM: CASE NO.: APPLICANT: LOCATION: LEGAL DESCRIPTION: SUBJECT: ZONING: BACKGROU Planning Commission Agenda of September 24, 1990 Planning Commission, Applicant and Staff i .ton Sut�T�' i and, Building Off i c i a l �. 90 -935 Douglas & Carol Farmer 3020 Highland Blvd. Lot 7, Block 2, Highlands P l D #22-117-24-41 0013 Conditional Use Perm *t R -1 Single Family Residential The applicant is seeking a Conditional Use Permit to allow a 16' x 24' addition to the existing detached garage that would bring V-e total square footage of the garage floor area to 960 square , F( et. Any accessory building In excess of 840 square feet requires a C o n d i t i o n a l Use Permit (Zonit,g Code Section 23.407(3)). COMMENTS The proposed addition and the existing garage conforms to all required setbacks. The applicant's request appears to meet the criteria for a granting of a Conditional Use Permit. R Staff recommends approval of the Conditional Use Permit to allow a 16' x 24' addition to an existing 24' x 24' garage for a total of 960 square feet as shown on the site plan. Th I s case w i i 1 be heard by the C Ity Counc I 1 on October 23, 1990, Property owners within 350 feet of the subject property were notified of this public hearing. • • p cc : Koegter cHIAO c 3 uo S P 2 CITY OF MOUND CITNAW MOUND Case No. 90A35 i Date F i i ed Fee $ CO NDI T IONAL USE PERMIT APPLICATION PLANNING a ZONING COMMISSION (Please type or print the following information.) Address of Subject Property �� ; �w 0 Lot__ _uc'_ n — B 1 ock 7 o Addition 1 he - l )k ( 5 i PID No. 3 J , Owner's Name `� I}r L A p rn� Day Phone 3�' GC C& De. t E Owner's Address ? C << LA &; 331t,D f r ry h Applicant's Name (if other than owner) Address Phone Existing Use of Property: �Cs4g eitt irrL f Zoning District___ K - Has an app ll cat ion ever been made for zoning, varIance,_gan Ionai use permit, or other zoning procedure for this propertyY y e x no if yes, list dates) of application, action taken, and provide reso ion number(s) (Copies of previou3 resolutions must accompany this application.) I certify that all of the above statements and the statements contained In any required papers or plans to be submitted herewith are true and ac- curate. 1 consent to the entry in or upon the premises described in this app '-Ion by any authorized official of the City of Mound for the purpose of i ectinq, or of posting, maintaining and removing such notices as may be rt j i red by law. App 1 i cant' s S t gr%ature , / !l am/ `ire J+� t/ _ Date FOR OFFICE USE ONLY: Planning Commission Recommendation__ -- - -- - - ---- - - - - -- -- - - - - -_ Date_ , Council Action: Resolution No. - -- -- - - - -- Date 3 i-27 CONDITIONAL USE PERMIT APPLICATION Case No.�• Page Tao A. All information requested belcw, a site plan as described in Part 11', and a development schedule providing reasonable guarantees for trw.. completion of the construction must be provided before a hearing will be scheduled. S. Type of development for which a Conditional Use Permit i% re uestedt 1. Conditional Use (spqcify): _nU7e(!5J &+ q60 S 2. Current Zonln and Designati n in the future and Use Plan for Mound: -� C. Development Schedule: 1. A development schedule shall be attached to this application providing reasonable guarantees for the completion of the pro- posed development. 2. Estimated cost of the project: E D. Density (for residential developments only): 1. Number of structures:_ — 11 2. Dwelling units per structure: 1 a. number per un;t type: efficiency I bedroom 2 bedroom 3 bedroom 3. Lot area per dwel I ing unit:_ ( a 4. Total lot area: E. Effect of the Pro posed Us List impacts the proposed use will have on property it the vicinity, including, but not limited to traffic, noise, light, smoke /odor, parking, and describe the steps taken to mitigate or eliminate the impacts. L L �j a n n III 2-o+ y-cA - 10, 4(o4 5%4 - t► at 4. a a n nI SC A-1 e 1''� 3a e L D� .even 7) oc - Tw o��) 1►J }►e ' ,* G f? I- A Atps 31 S J VA 7 I pc -V rFv cr -�Is od o +± ! I I� �E .j J /7 , �. 51 --r �a 5+ r R 32 � y i2w 'i 0 0 ZONING REQUIREMENTS 4 C)-q3S ADDRESS: 3OZo 441 nx A awrl APPL I CANT :-S)Ooa * Catn 1 Farm LOT s ! BLK s _2_ ADDN : I"t I Q `Qm s_ ZONE: REQUIRED LOT AREA: 16,000 EXISTING LOT AREA: 1 5. Z? Z R R SETBA K , FRONT SIDE: 1 C1 ' ��.}1 f 'L3•17 b, ; SIDE: , REAR: IS feet ` LAKESHORE: 50 feet 1 EXISTING & PROPOSED SETBACKS FRONTS-7 9 , 10CC&W St Lim SIDE: ' SIDES REAR: z LAKESHORE: t , DATE:—qj-m By David and Linda Jagerson 3016 Highland Boulevard Mound, Minnesota 55364 (612) 472 -4913 'Ihe .is sue of garage size appears to be an emotional one in Mound. Surprisingly, more than one member of this City Council has expressed to us that they feel that residents in.- Ind should he ahicy to do anything they want with their property. .!his concerns us greatly as it should other residents of Nound. Real estat- for many, ourselves included, will be the singh: greatest investment we make in our lifetime. In our opinion, hja is why laws were enacted to protect individual property enm t- rlghts. :;o, it is disheartening that some of you, as electndefals, have _expressed basing your vote on what you would 1iitAStead of whet i . written in the law. 'vie hope that you as Council Members vote what is "en in th €, 1 <rw ton i qht . The law states that part of the critiWia for grantirua conditional use permits is: (1) That the conditional use will not be injurious to the u;e and enjoyment of other property in the imediate vicinity for the purposes already permitted, nor ;crt, ;tanti a i.l y diminish and impair property values within the immediate vicinity. 1 David and Linda Jagerson Tonight we have brought with us 2 letters from professional real estate appraisers which state that the granting of this permit will substantially diminish and impair the value of our property. Based on these letters from professional appraisers the CONDITIONAL USE PERMIT SHOULD BE DENIED. Further, we have consulted the law firm of Meagher & Geer. Our lawyer, Richard Bland, has advised us that if the City Council votes to approve the Farmer's conditional use permit tonight that, should we choose, legal action could be taken against the City of Mound for our property's loss in value (letter attached). Sincerely, David Jagerson Linda Jagerson \ \,I- MEAGHER Bit GEFR • �� t i — WILLIAM Y. HART SHIRLEY OKRBNT LERNKR ATTORNEYS AT LAW viCCTORIAL pN�RR '.� \'.1: 111 '•.: TA i NL A, halt MICHAEL D. HU700M „ , I k. :•: , 4200 MULTIFOODS TONER - 33 SOUTH SIXTH STREET O R LD 1R n 1•.1: 11 MINNEAPOLIS, MINNESOTA 55402 MA 1. H EM A E M1Etlg CH RI STIAN TELEPHONE (612) 3380661 KARL I. YEAGEE MARY M. O'NIEN \..,I K. %I FACSIMILE (612) 338 -8384 DAVID A. ANDERSON .1 1 , I ..: v ,.. THOMAS M. STIERER 'If ANDREA ANDREA M. NELSON ;k Hl v, ROBERT E. DMEHL • { ' -PI '•1� Ik Al iNftRl /tnm VRA( - TICk IAN'IN GALENL.BBURR III NN[ u r1. IUNA. II 11%01S. kilt HN:AN SAY FENTON NI +( T H DA Lt )1 A AND W ISC'ONII N RAYMOND L. TAHNR•JOHWON n •• +t e! R Ivl�.l.I ;k THOMAS H. CROUCH CORTNEY S. L,NEAVE LEATNA GREAN BOLTER J WRITER'S RITER'S DIRECT DIAL NUMBER JULIE MIRANDER HUMES •.. \... 11. \ \; -. MARK A. WAGNER •,Ire 1. • !.,.. \ SHELLEY A. SIMMERING RANDY A. SHARRgq MARK RLOOpUMT AMANDA L. KI.QTTRRMAN \k; il', kN! , I!k 1420 November 13, 1990 David and Linda Javerson 010 Ilighland Boulevard Alound, MN 5 Re: :application for Special Use Permit from the City of Mound Derr 1),wid and Linda: 1 have reviewed the information you have provided me with regard to your neighbor's Rewic t fur a Special Use Permit from the City of Mound. As we have discussed, the c )refinance i the issuance of Special Use Permits sets forth the criteria to be used to the decision. The purpose of such criteria, of course, is to promote the yrl;rlity 1 - - (mth of a municipality, setting limits on authorized land use. While historically .I land (m nt, r had the right to choose what he or she did with the property, in more recent years it has heen recognized that it is necessary to have laws that establish goals fur land u.e ;old Set Such limitation on its use. Tllkin� into eun•idvr;ltioii the criteria set forth in the ordinance, together with the lack of evidence � by harmer t,) satisfy the criteria, it is my opinion that he has no Ir�al ri ht to have the Special Utic Permit granted. A permit such as this should not be ,ranted ii it will suhstantially impact a neighboring property owner. You have provided unrehutted cyidence that the allowance of this permit would do just that. Should ou have ;uly yueStions concerning this, or should there be any need for ,I;Irilir ;It the nlCctinz'� of the City Council, I would ')e more than happy to provide �:IC'il I Il�l)fill;ll ll )rl. Very truly yours, 1 { .tC��CL1C� J. ItIC ARD BLAND .111) 1?:�;;c - WILEY APPRAISAL, INC. 5001 Chowen Avenue South Minneapolis, MN 55410 (612) 920 -1505 November 13, 1990 FAX: (612) 920 -4612 T0: The City of Mound City Council I am writing at the request of have been asked to review the propo; to build an oversized garage on his comment on what, if any impact this on the Jagerson property located at Boulevard, Mound, MN. David Jagerson. I ;al of Doug Farmer property; and to stricture will have 3016 Highland Important considerations in the appraisal process include the exterior appearance and appeal of the subject property; the appearance and appeal of the properties immediately surrounding the subject; the subjects site and v.ew amenities; and any external inadequacies. The construction of an oversized garage on the s -te adjacent to the Jagersons would have a negative affect on the above considerations. Therefore it is in my opinion that should this building be constructed it will adversely affect the value of the Jagerson's property. If you have any questions or comments, please feel free to contact our office. Sincerely, WILEY APPRAISAL INC., Molly Brown Real Estate Appraiser Minnesota License #4000608 y 21, 1 1> is SERVED: Am( State Bank Mort Corporation T,(!fer!0(1 1110ttUaUe ( Mor t j1 , 190 Ilk Hopkins Haiik !;t0jj() ) r't(j , 3qe Corporation Mortgage Corporation i W tAiqoz Ica Mortg090 Comp -„ny tiff', I( Center R Executron Mortgage Network, Inc. Prime Mortgage A FBS Mortgage Corporation Investors Mortgage Edina Financial Services QUALIFICATIONS OF MOLLY BROWN MetroBank The Bank of Wayzata The Bank North EDUCATIONAL ACCOMPLISHMENTS: Richfield State Bank American Institute of Real Estate Appraisers Course 1A-1/8-A, Real Estate Appraisal Principles Course 8-2 Residential Valuation Uniform Residential Appraisal Seminar Standards of Professional Practice American Real Estate Schools Minnesota Real Estate Courses 1, and III State Of Minnesota Approved Real Estate Continuing Approximately 500 Educe Hours since 1978 University Of Wisconsin, Madison, Wisconsin B.A. Dagrae, 1975 ASSOCIATION MEMPERSHIPS: 198 Present WILEY APPRAISAL, INC. . . . . . . . . . . . . . . . . Real Estate Appraiser 1983 1986 Merril Lynch Realty/Burnet Real Estate Sales Associate Edina Realty Real Estate Sales Associate ACCor 1987 Liscenced Real Estate Broker 1989 Liscenced Real Estate Appraiser is SERVED: Am( State Bank Mort Corporation T,(!fer!0(1 1110ttUaUe ( Mor t j1 , 190 Ilk Hopkins Haiik !;t0jj() ) r't(j , 3qe Corporation Mortgage Corporation i W tAiqoz Ica Mortg090 Comp -„ny tiff', I( Center 3/90 f R Executron Mortgage Network, Inc. Prime Mortgage CFS Mortgage FBS Mortgage Corporation Investors Mortgage Edina Financial Services MetroBank The Bank of Wayzata The Bank North Richfield State Bank 3/90 f ,. 0 — CHASE • BRACKETT COMPANY To Whom It May Concern: R E A L E• T ATE A r i R A i•■ N• C d N• U L T A H T PHONE 635 -5600 My name is Albin D. Kline and I am Vice President of CHASE - BRACKETT APRAISAL COMPANY in Edina, Minnesota. I hold the Senior Residential Appraiser designaticn (S.R.A) offered through the Society of P -al Estate Appraisers. David Jagerson contacted me by phone cn October 30, 1990 and asked my opinion regarding the impact of an accessory building being constructed cn an abutting property. I have not inspected either property (i.e. 3015 Highland Boulevara 3020 Highland Boulevard, in Mound) and My opinion is based on the phone conversation and on a letter submitted to the Mound City Council by Mr. Jagerson. Basically, if the curb appeal is adversely iffected and if the view amenity from the subject property is hindered in any manner, as portrayed by Mr. Jagerson, then there is a very good probability th-,� market value of the subject property would be r,egativel.y affected. Sincerely, CHASE - BRACKETT COMPANY .A. D. Kline. SRA Vice President ADK /mc:e P E N T A G O N PARK T O W E R. 4940 V I K I! i; i1 ca. i - r,q � t, P C 7 R ' 3 4 3 5 r Qualifications ALBIN D. KLINE GO N-c�rnments and Alunicivalities uming *_on dousing 4uthority, FNMA (h ederal National Mortgage Association), H;?rne�tr Parks, Minneapolis Community Development Agency (MCDA), Minneapolis Park Board, P. chfieId Housing Authority. Scott County Housing Authority, Attorneys repre_,enting clients, prospective sellers, buyers and others. "Type Of Apprai" als ' m j e ramily anti r- i,lti- family residences, townhouses, condominiums, commercial and n;l�ustrial properties, vacant land, and special purpose properties. Qualified exp —t , in City and County Condemnation Actions. P' (A'CSsIOnaI lltembershivs Scc :it_ty of F'.eal Estate Appraisers, Senior Residential Appraiser (SRA): Certified ew ;=ppr•aiser (C.P.A..) National Association of Review Appraisers; Certified ;'at? assessor; Affiliate member of the Minneapolis Area Board of Realtors; the `t. Paul Board of Realtors; Dakota County Board of Realtors; the Anoka County or R< ?aI tors ; Minneapolis Builders Association (MBA) . State of Minnesota , , p- a ; L i unnnn i Qualifications ALBIN D. KLINE 11 "di eation ;raduate.: from the University of Minnesota in June 1977 with a Bachelor of Science eyree (B.S.B.) - School of Business Administration. Appraising Residential r _ erty - Course 101 - Society of Real Estate Appraiser (SREA), 1978; Applied Techn'.ques - American Institute of Real Estate Appraisers (AIREA), 1979. �inyleu „ „y �'.e i'ential Appraisal - Course VIII (AIREA), 1980: Principles of income Proper't App, raising, Course 201 (S! EA), 1980; Residential ! 'ousing inspection, University of Minnesota, 1081; Narrative Report Writing Seminar 1982; Energy C ;nservation Seminar: Application in New and Existing Homes, Jniversity of Minnesota, 1982; Building Construction - McGraw -Hill Continuing 1983; Computer Applications in Appraising (SREA), 1984; Adjusting for r,�r�ial Differences (SREA), 1985; Uniform Residential Appraisal Seminar (AIREA), Capita?ization, Theory and Techniquts, Parts A and B, 1987 and 1988 (AIREA); f ssionaI Practice and the Society of Real Estate Appraisers, 1989 (SREA); ;_, nte Ca,:' Flow Analysis, 1990 (AIREA). 19t, is a Vice President of CHASE- BRACKETT COMPANY, Real Estate Appraisers are+ _,nsultants; 1981 -1933 - Staff Appraiser, City of Brooklyn Park, Minnesota; 1 - Sta f .Appraiser, Chase- Brackett Company, 1977 -1978 - Staff Appraiser, r ;n( so t:i r e Jera i Savi r,gs and Load. 11 ;l tis.ds For Insurance Company, Bank of St. Louis, Burlington Northern Railroad, Cargill, Northwestern Railroad„ Citicorp Mortgage, Citizens State Bank, �i�iwel' !.;ar7ker, Community State Bank, Corporate Transfer Service, Dunn & Brad - ;frF�et, "Ij -ont Cnmpanj, astman Kodak, Edina Financial Services, Employee Transfer C'c� ;Iticn Srr. ices, Executrans, FBS Mortgage Corp., Gittleman r. ondo's, holiday inns, investors Mortgage Corp., Josten's Inc., ; Relocation Co., Marquette Bank, North American InSJr_in�. rlcr,�est F1crtaage, Prime, ,” Mortgage Corp., Prudential Relocation Service, Relocation Resources, Republic Bank of �ri(A P.elor_ation, Transequit.y, TCF Mortgcge Corp., �� td. V1 V, PF P 0 -d Shulk.le y �!'- no "UP j, o"; ow i rig P, i d ty of Mound adve rt i zed f or bids f or the ( "11OW We rccelvedl 2 bids, Widmer Construction Boni and Cindy Wx Trucking and Excavating located in vo %OYP the exception of the rubber the C it y set up s he s p e c i f i c a t i o n s f or - he equipment a 4 to 5 yard bucket. When we we noticed that the loader " > This is about hal the size of the 4 A f my 0 IMITI T) (I a t i o r, that we except the C 'j ' in i15 Si t u by the C it y L` CITY OF MOUND MOUND, MINNESOTA CONTACTED SNOW REMOVAL SPEC?FICATIONS 19 1: Remove snow from designated parking lots and other specified areas as soon as possible after snow fall. Deposit snow as directed by Public Works. Any — Blowing— to —be— done — after— March -1 call — Public — Works Street Superintenden at 472 -1251. - - - - - - - - - --------- - - - - -- —------- - - - - -- 2. Central Business District steet and sidewalks as follows: a. West side of Co. Rd. #110, from 2365 Commerce Blvd. (Old telephone ro.) driveway north to Lynwood Blvd. b. East side of Co. Rd. 110, from southside of 2372 Commerce Blvd. (Masonic Lodge) north to Lynwood Bivd. C. Northside of Co. Rd. #15, from Co. Rd. #110 east to Belmont Lane. d. Southside of Co. Rd. #15, from Co. Rd. #110 east — side. of Post Office. 3. Parking lots arc: alleys: a. Johnson Bldg., lot and driveways. b. 2365 Commerce Blvd. south and rear lots. C. Swift Insurance rear of store. O d. 2345 Commerce Blvd. rear lot. e. 2313 Commerce Blvd. (Nekta Bldg.) rear lot. 1. Koenig, Robin, Johnson & Wood Law Firm, rear and north lots. g. Parking lot south of railroad tracks, north of Co. Rd. #15, from First Minnesota east to Belmont Lane. ,across of Moy's) h. Sc,uth side of Dr. Soul's office. i. Auditors Road, all Co. Rd. #110 to Co. Rd. #15. j. Both lots, east and west of Post Office. k. Parking lot bohind Dr. Lauers and Longpre's Bldg. 1. 24 hour lo: south of Auditors Road, (gravel lot) M. 2339 Commerce (old bank) all. n. Road and parking area west of 2339 Commerce (old bank) noth to railroad tracks. o. Masonic driveway (after it's built) p. Lot in front of Coast to Coast and Mueller & Lansing Fidg. west to Co. Rd. 110. q. Marion Road, all. r. MTC l..,t. and around passenger loading station. A Bid R-1,1 or Corti f ied C' • ck Bid. sur�r,5tu1 bidd {r will he required to post a Performance Bond o rrtIf!rd Check in the ,amount of 5500.00 40 Tl�r ful biddrr must furnish liability of not less than $200,000 fur ea ndividual, $600 000 for each occurrence, and against liability fcr property damage of not Less than $50,000 for each occurence The City reserves the right to reject any and -� !I 1H d- , and wa any informalities. The successful bidder will ,rnd the bill for ihovo svrviry to flip City on a month has i s. Ti,�sv bids aTv t o be f irm for I fir I') 17 whiter snow removal soason. Con t r,t c t o AddvrSs EOUIPMENT ? OPERATOR (Ilourly Nato) A. Front End Loader-: ( 4 to 5 yd. bucket) V-r llotir R. Trucks: Single Axle, 5 yd. Tandem Axlv, 10 yd. C. Las a I I ot - qu i prm t t o he used f air ; rk i ng l ot snow remova hourly mite with operator 1. 2. 1. 4. 5. Con t r,t c t o AddvrSs JOHNSON ADJUSTMENT COMPANY, INC. INSURANCE AO "7EAS 5545 SHORELINE BOULEVARD MOUND, WWIESOTA 55364 TELEPHONE (612) 472 -4664 (612) 472 -5353 (612) 471.697 n 9, 1990 Inc. 1-'5o Crt.ekviuw Circle �.c. bonilaciu::, Mi+ 5 6<- ,:tlumeii This i:: our third lottur to you concerning dorl.,ijc: to our propertk w:,. -- , our truck :;truck a fence on February 16, 199u, at 5545 Sh..,:!1 i :_ aivd. Mound. If we do not hear: from you within 10 days or by Apr: 'U, 1990, lug"I actit.,: will bL. taken. youret, C. L. Jut:ns'ol' City of tdound Attur City Manager Ed 6huklu �AIL T0: CURTIS L. JOHNSON 5545 SHORELINE DRIVE MOUNUON 55364 J State of Minnesota GU IS R of JOHNS In 5545 SHORELINE DRIVE MOUND9MN 55364 Plaintiff Judgment No. 900 621 NIDMER INC. versus 4250 CREEKVIEW CIRCLE ST.HONI FAC I US * MN 55375 Defendant 111: 4372 (7 -89) PAGE 001 OF 001 Conciliation Court Notice of The panties are liert-by notified that the Court has ordered that PLAINTIFF HAVE JUDGMENT AGAINST DEFENDANT FOR The Court's order is stayed by statute until SEPTEMBER 1 09 1990 $766.00 (No appearance is required on this date) 1. Any party who was not present at tluo trial, and who has good reason for not having been present, may file a motion on the Spccial 'li,rn Calendar, not later thaut the date indicated above, requesting the Court to re-open the case for Mother trial. If the Court grants another trial, it will normally require the payment of costs to the other party for the inconvenience. Any party who w.ts present at the trial and believes this Judgment to be incorrect may appeal to Lite District Coun for a completely new triad, by a (fi ferent Judge, or by a jury if desired. If you do this, the District Court will order you to pay to the opposing party $200.00 as costs, if you do not win your appeal. The statutory regv—' ements for such an appeal, which the ( ours will furnish upon request., must be complied with not. later that the date indicated abotr. Such reyuiretneztts are time- conswning, and it is suggested that such inquiries be made well in advance of tilt elate Irntllratc& ,t. The losing party stay paiv tilt' judgnurnt to ttte ('ours for the benefit of the prevailing party or may pay the pr,•vading party thlf-cily, -,erurm} a written satisfaction of judgment from him and filing said satisfaction in this ('tun. !'aynu nt in frill +�n (u lwlore the date indicated above will prevent the docketing and enforcement of this audl;nu•nt and the addition of enforcement costs. If the judgment is paid to the Court, checks nnust be rnade payable to the ih•nneput (mllll� ! "mciliaiuot Court mini trust be accoanpanicd by this notice, or by a complete reference to the rams•", nunJ quid dale, appearing tin it. •I- '1'ht� pct �atitn�; party nt,ty :Hake iuyutn�•s regar +lu,g tlu• enl�rrcentet�t of a jt,dt;tncnt, if not paid, aitcr ttur above dal+• to the Cunctllautnn ('1mll U APPEAL THIS DECISION, anew Inw requirw District Court to bra cc�ta � if you Iow nr it t +r!!i i Id(lun C(iial l 1 Yo PAeaf. i �llli�.';11r��1i�, titlntii'yutat I� :rt117 li i� phnn+ . :'Pi 2'71:3 JOHNSON ADJUSTMENT CCIM'� NSUMNC.'E' AOUW7ERS 5545 SHORELINE BOULEVARD. MOUND, MINNESOTA i5Sd1 r `� TELEPHONE (612) 472 4864 "ass (612) 472 -5353 (612) 471.8867 , � f September 26, 1990 City of Mound 5341 Maywood Road Mound MN 55364'° Attention: Mr. John Norman, Finance Director Re: CBD Snow Removal' S b k�Vr. Gentlemen:' This will confirm our telephone conversation of 3990, concerning the damage to our property by Widmer., ' =' their trucks plowing snow on February 16, 1990, strxi ,hb+u n our property. During the next 3 months, we sent theta` celled them 3 times, and did not receive a response. i +, M ` ished estimates from two contractors for $750.00 and 1*2 finally told them in our letter of April 9, 1990, a copy of <_ Mr. Ed Shukle, City Manager, that we would be takian ion if nothing was done, and this we did. The case was .'he01 „August 17, 1990, and $750.00 in damages was awarded. Eve�t 'k8ring, Widmer, Inc., while they admitted the damage, did.' s' Seth any evidence on the extent of damage and to this day, t1 t done SO. The last activity on this is that the case►41a ham, led to District Court. Widmer has a $1,000.00 deductible on their liability coy" Their method of operation is to ignore claims under their dedaiii( o' hoping they "will go away" with the owner collecting on his ott "t.A iurance. Their handling of damage under their deductible in th #• ti#i1ner is irresponsible, and we request that you look into Chit= ;tuation. Sincerel Yours C L. o nson CLJ/ imc 0 cc: Mr. Ed Schukle JOHNSON ADJUSTMENT COMPANY, INC. OYSURAAM Aa"MRs i444 & ORELM BODUVARD MOM, UWASOTA UM WUPMM (412) 472di44 (412) 472.4342 (412) 471.4447 October 5, 1990 Department of Commerce 133 East 7th Street St. Paul, MN 55101 Attention: Enforcement Division Re: February 16, 1990, automobile accident Gentlemen: I talked to Virgil Peterson today giving him information on the above accident and he requested we' send them a written complaint. What happened was that on February 16, 1990, soma time before 7:30 a.m., a pickup truck owned by Widmer, Inc. struck and damaged a fence while plowing snow behind our office building at 5545 Shoreline Drive in downtown Mound. The driver left the scene and no one was there when we arrived about 7:30 a.m., but from the tracks in the snow and the damage it was obvious it had been caused by one of Widmer's trucks hired by the City to plow the downtown parking lots. There were no plows around but there was a Widmer front end loader moving snow a block away. I told the driver about this and later in the morning, a fellow by the name of Tony, came to the office driving a Widmer pickup truck with a snow plow on it and he said he was the one who hit the fence. He said he had planned to return later and report the damage to us. During the next three months we sent the Widmers four letters, called their office twice and the driver once, and did not receive a response. Attached are copies of the letters and the two estimates of damage. The motor vehicle department records showed Aetna Life and Casualty was the automobile liability carrier for Widmer, and in talking to Ron Wojcik, a claim representative at Aetna, April 26, 1990, he said there was a $1,000.00 deductible for property damage: on their policy and told us to contact Widmer direct, as they handle their own deductible claims. It was then that we wrote our April 30, 1990 letter, with a copy to Aetna, and received no response. The outcome of this was that a claim in Conciliation Court, Hennepin County, was filed and on August 21, 1990, the Court awarded $766.00 in damages. Widmer, Inc., admitted running into the fence but presented no evidence on the damage. The last thing that has happened is that Widmer appealed the case to District Court. JOHNSON ADJUSTMENT COMPANY, INC. A&AAMXAaWMRs 5545 SN mum eo umw YOUW. MINNESOTA 55364 TURRHOW (612; 472 -4664 (612) 472 -6353 (412) 471 -i6Y7 Department of Commerce Page 2 It appears Widmer does not report claims that fall within their deductible to their insurance company, hoping the owner will collect on his own insurance. Also, their insurance company does not handle these claims for them even when they have written notice. We request you look into this matter. since CLJ:ch Enclosures Department cfCommerce t ------- Enforcement Division i'( ^ 133 East Seventh Street y ~ � �� - ' i � ' St Paul, 1 r|� �. .^ File 0o. IN9A06-826 � L J8HN2-'0N 5545 SHORELINE PLKD. 110u�0 �N 5536�-0000 ' � � Your complaint has been received and referred to the Enforcement Division for investigation. They will contact the company or agent concerned and will reply to you as soon as a response is received which normally requires approximately 30 days. If YOU x^v, ^uoitino^l m,,mwbon or need further ussistanxe, please contact the [nmrc?ment investigator listed below and refer to your Department [il, Number shown above your addresr [ appreciate your confidence in writing me and the Department of commerce. Enforctment Investigator THOMAS H. BOR14AN --) Commissioner of Commence Phones: '612} 296-2480 1'800'652-9747 ALLua s Mr. ed Shukla, City Manager aa: C8D Snow Removal Damage vantlem�an i �4 As a follow -up to our letter of Septamber 26, 1990 to Vic. tJoru,an, we checked w..:h the State Insurance Department on the ur the February 16, 1990, damage caused by Widmer' snow plow. xequastud we write them on this. They say Widmer is required to report claims under their deductible to their insurance eerri��,,', it's the insurance carrier's responsibility to handle the lon"s C:01'Uct from their insured. ;.� yuu have any question regarding this j g g , q�vg me d call • k bl.r lcurely yours, r' r Mr. Jc:hn Norman, Finance Director 4'T ;a s JOHNSON ADJUSTMENT NWORAAMAD.W, .OLN&V,ND , .t; ¢�x_ MOUND, MWRWTA iif14 TELEPHONE (612) 472 -4664 (612) 472 -5352 (612) 471 -W7 octobr•.r ? , 1990 Cl.ty of Mound 5241 Maywood Road hound, MN 55364 ALLua s Mr. ed Shukla, City Manager aa: C8D Snow Removal Damage vantlem�an i �4 As a follow -up to our letter of Septamber 26, 1990 to Vic. tJoru,an, we checked w..:h the State Insurance Department on the ur the February 16, 1990, damage caused by Widmer' snow plow. xequastud we write them on this. They say Widmer is required to report claims under their deductible to their insurance eerri��,,', it's the insurance carrier's responsibility to handle the lon"s C:01'Uct from their insured. ;.� yuu have any question regarding this j g g , q�vg me d call • k bl.r lcurely yours, r' r Mr. Jc:hn Norman, Finance Director West Lake Steno Service, Inc, 5545 SHORELINE BOULEVARD • MOUND, MN 553b4 (612) 472 -5353 October 29, 1990 City of Mound 5341 Maywood Road Mound, MN 55364 Attention: Mr. John Norman, Finance Director Re: CBD Snow Removal Gentlemen: Since our letter September 26, 1990, requeoting that you look into tii.9 situation, we have not heard from you, and we request a prompt reply. The State Insurance Department is still investigating :he handling of claims by Widmer and their insurance company. If Widmer is again contracted by the City of Mound to remove snow this year, see that they do not do so on our property, and further if we remain in the CBD Parking, that we are not assessed for any parking lot maintenance. As I told Mr. Shuk2.e, October 26, 1900, the City hired this contractor, and I feel the City has a responsibility to resolve this matter. Sincerely yours, P 838 194 1122 C. L. Johnson 0 3s tfEN DER: Complete Items 1 and 2 when additional services are desired, and complete items Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. Th return re i t fs will' t v d ou tho am f t e p en t d CLJ / lma to end the date of delivery, For oWtionn ees e o ow na ssry ces ere available. O 2sr t pne.rnaster or TOSS and c Iec box (es) for additional service(s) requested. cc: Mr . Ed S hu k 1. ❑ Shnw to whom delivered, date, and addressee's address. 2. O Restricted Delivery (8rtra charRe) WF 1— t... t CERTIFIED MAIL RETURN RECEIPT REQUES RECEIPT FOR trERTIF! MAIL NO ASUNANCE U'V 'k IE" Not FOR iNTFN!.ATIOM L (See Rever. ) Article Addressed to: Cit,i a: ,, our,d ` 341 iv;ajwood i,oad 1' NN 55.;64 At t. . Mr . j �)Ln 1'4orinan D. bignaturee — Address X 6 S gnature Aggnt X 7. Date of Delive l t.l E pi f(- � � ) ( PS Form 3811, Mar. IS K8 A - 4. Article Number _ P 8 194 122 ape of Service: f LJ Regir.tered InaureJ to Certified ❑ COD Exp•ess Mail [j Return Fiscal for Merchant Always obtain signature of addressee or agent and DATE DELIVERED. 8. Addressee's Address (ONI.Y (j requested and fee paid) e U.S.G.P.O. 1889- 212-885 DOMESTIC RE October 31, 1990 C!.irt Pearson 1100 First Bank Place West MI nn eapolis, Mn 55402 On Fetrlrary 16, 1990, Widmer, Inc. was snow plowing (under contract with the City of Mound) the Central Business District (( - f3D) and .truck a fence on Curt Johnson's property. Enclosed is a letter from Mr. Johnson dated September 26, 1990 which details in dealing with Widmer on this accident. Widmer rot disputing that the accident occurred. However, they do the amount of damages awarded in conciliation court anc �.;ealed the decision to district court. Mr. Johr,,on would like to have the City of Mound help resolve his dispuier with Widc,� =r. I enclosed letters dated October 8, 1990 and October 29, 1990 frcr, Mr. Johnson. I have also had a telephone conversation with Mr. Johnson on October 26, 1990, in which he has stated to mfr ti vt ne feels the City of Mound is responsible for getting thl. natter resolved since Widmer is hired by the City to . I r,cwl I .;w th( dcwrntown U, ea. that Wid;;;er did RE: Damage to fen - CBD Property Owner : with Earl Bailey, Dear rt: C t insurance agent regarding this matter. Earl has rec er, ;:iE;c; that the City pat in the specifications in the future t >;`• 'te rtractor for John IN crman, Finance Director, and myself have had soae c :orverrations with Curtis Johnson, owner of West Lake Steno :'ervice, lne at 5545 Shoreline Drive, in Mound, regarding d; :,rise to a ferce on his property during the winter of 1 989 -90. a brief synopsis of what has taken place: On Fetrlrary 16, 1990, Widmer, Inc. was snow plowing (under contract with the City of Mound) the Central Business District (( - f3D) and .truck a fence on Curt Johnson's property. Enclosed is a letter from Mr. Johnson dated September 26, 1990 which details in dealing with Widmer on this accident. Widmer rot disputing that the accident occurred. However, they do the amount of damages awarded in conciliation court anc �.;ealed the decision to district court. Mr. Johr,,on would like to have the City of Mound help resolve his dispuier with Widc,� =r. I enclosed letters dated October 8, 1990 and October 29, 1990 frcr, Mr. Johnson. I have also had a telephone conversation with Mr. Johnson on October 26, 1990, in which he has stated to mfr ti vt ne feels the City of Mound is responsible for getting thl. natter resolved since Widmer is hired by the City to . I r,cwl I .;w th( dcwrntown U, ea. that Wid;;;er did -sot submit this claim from Johnson to th :r ir,surance company. John Norman, Finance Director, has : with Earl Bailey, R.L. Yourgdahl & Associates and the C t insurance agent regarding this matter. Earl has rec er, ;:iE;c; that the City pat in the specifications in the future t >;`• 'te rtractor for Cit work should waive the property 171J,f tit: C. This means that either the contractor would insurance company any claim filed against them City work, or pay it out of their own pocket. This clause in the contra wi uld prevent the contractor from tahir,g the attitude towards a claimant of "take me to court." Up until this time, we have told Mr. Johnson that he shoald be dealing directly with Widmer and filirg the claim with their insurance company. Apparently, Widme. did not inform their ir:surance cc;:.pany. It ended up going to conciliation court. Mr. Johnson was awarded damages of $750. Widmer has appealed this. Jchnson has indicated in his letter of October 29th that the state insurance department is investigating the handling of claims bV Widmer and their insurance company. He further states that if Widmer is contracted by the City of Mound to remove snow s year, %hat they not do so on Mr. Johnson's property, and riot be assessed : or any parking lot maintenance. At this what can the City of Mc,und do? In a related matter, at i j Hoverter 13th meeting w consider the hiring of Widmer, 1:;c . -again for 1990 -91 snow T,iowing in the CBD area. It is my ;. ;s:tion that Widmer be again hired. i would appreciate it if you could get back to me as soon as �cssitle so that I can inform Mr. Johnson of what the City's ion 1s. ir,c Edgard J. Shukle, Jr. Ci t Ma::<,ger cc: Jonr igorman, Finance Director enc. E.ls 2 LAW OFFICES WU RST, PEARSON, LARSON, UNDERWOOD & MERTZ . s.w ., ,,.rte r.'.•.[• ,.. FSS-c? 11 .A Q-O .A 1 1 ME'R'; !100 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 15-2) 33E 4200 rAX NUMBER November 9, 1990 -512)J3E -2629 REC',$ NOV 1 X r. F.i ShukIc City Manager City of Mound '134.1 Maywood Road NoLind, MN c 5364 Re: Curt Johnson v. Widmer, Inc. r :)C- a r I: ] d : I am in receipt of your 'Ft ter of October 31, 1990, which indicates rata cont r act ur of thn City dG. . fed a fence on Curt Johnson's prci-)erty. t•. )l,arcntly s ince tliat time Curt Johnson and Widmers have been arguing about t hc- a:rnc)unt oil damages incurred by Mr. Johnson. You inform me that Mr. '��t,nson would like to have tht. City of Mound help resolve his dispute. After reviewing the materials you have sent, I do not believe that t: ;e Cit,, ;t:: u d have any part in trying to force Widmer to pay an amount w};iCh is ;it disl.:ute. They have been in Conciliation Court, anO whoever -.Bard the claim there made a determination which apparently the Widnlers ii: -agree with. Tuley are now going on where some other Judge will have an : r)For tun ty to rev the facts and issue a judgment. The City should not i n e ct i Li;E? l f in private disputes. We are not responsible for every contractor who workU on behalf of the City of Mound, and it is for that rea_;or that require that they have insurance, bonds, etc. to protect t? - i'itZ' - :. - oiTi l.air,s which might be made a gainst the City. I see no diffc•rerc- i.n this kind of a situation than if the City itself had done the and our insurance company was in dispute with a claimant over the �; of c:a:�aycrs. tt 's not the insured's right or responsibility to tell the flow r:uch to pay, and certainly in this case there eerr.., i:r; t. t_ a r't:r,�rr lively dispute. tt: c,;,mendation that pDu advise Mr. Johnson that although r: ,r c7t r::t•:,n:i -vn;;erns and symphathize with him regarding the long Wt, -t; C' i,C)" in a 1_' -os5 t lUn to interject ourselves in' this dispute. Vey y"truly yours, C'urfis A. Person City httorney West Lake Steno Service, In c. I IN1 t, 1ui I 1", . Mi�HN(_,, MN 553b4 (612) 472.5353 November 13, 1090 City of 1 )341 Maywood Road Mound, Mirillt_'SOta 55364 ke: CBD Snow Removal Contract Mulld't."r> of thy• City Counc� 1 : �ttacht-d aie copies of material. we request be considered in letting t:tat., snow removal contract ter the Central Business District next year. contract fer last year wL.s let by the City to Widmer, Inc., who h, - id a $1,000.00 deductible on their insurance, and did not report the dam;j tlit�y dLd at our office to their insurance company for handling. The tat(. insurance Department is still investigating this situation. ','ht• City :;;aouid sa<t: that the Mound business people are protected from ,1 rt_rlti',. of this, and when damage is done by the contractor, it is plo'mpt'._y t. v,tluatt�d and the claim settled. j!1( yours, L t`; L: ' �UJ�i1SOl1 o ' r i ;:. tlA "All ;r October 2? , 1990 :AW 1' Mr l vA \1L' i 4AAJP.i k 1 u�lS, 1 Hi AJ!>i C .t-, r r• Curt Pearson, .1. Mound City Attorney 1100 First dank P1-'ice hest Minneapolis, Vii ")402 Re: Mound Downt,, ti.wn rary inq rear curt: Wi i am and Phy.1 ! 1 3t- linr.cn are i nterested in p!_� r a port ion of the prc- i-,ert-y which is c�!rrer,tly cov red by the City's option With Dakota Rai 1 . Specifically, t -`,n Tohnsons are interested in purchasing a portion of the "North P:.rY.ing ?,ot" ::high is situated adjacent to their present property at 2250 Cw ii7 Fi':,ulevard (Coast To - Caast Building). The hand -d:dwn )`.ch ^,ap attached horctto describe3 in general terms the p v c.c l that the <,t,n : <7;, , wi E�h to port t;? ,e. No survey hau been performed. We thhve of timat ed tl:(? tot.a 1 f3 re footage of the parcel as follows: A. All Om u Cod, t---- ro -CoaLt JOHNSON & WOOD PYTIXM or*fv+A 317' 1(U4h YI Y.LK4' O' 'IP FA1T LARt 1 a (( 1 i . PA t PM:.:,iJt B. Northerly K kIZA,A N ti Si�'� 55IY: w.xxr� = u1:Ln+ la or North Park n,4 l SK lr KAI1i N ..'+ { 1 2 1 5 M tit l" MA sq. ft. 1 ('I4" Rh tAA1t1 1 I. T.R3PIX w r �L ),' ( October 2? , 1990 :AW 1' Mr l vA \1L' i 4AAJP.i k 1 u�lS, 1 Hi AJ!>i C .t-, r r• Curt Pearson, .1. Mound City Attorney 1100 First dank P1-'ice hest Minneapolis, Vii ")402 Re: Mound Downt,, ti.wn rary inq rear curt: Wi i am and Phy.1 ! 1 3t- linr.cn are i nterested in p!_� r a port ion of the prc- i-,ert-y which is c�!rrer,tly cov red by the City's option With Dakota Rai 1 . Specifically, t -`,n Tohnsons are interested in purchasing a portion of the "North P:.rY.ing ?,ot" ::high is situated adjacent to their present property at 2250 Cw ii7 Fi':,ulevard (Coast To - Caast Building). The hand -d:dwn )`.ch ^,ap attached horctto describe3 in general terms the p v c.c l that the <,t,n : <7;, , wi E�h to port t;? ,e. No survey hau been performed. We thhve of timat ed tl:(? tot.a 1 f3 re footage of the parcel as follows: A. South of Cod, t---- ro -CoaLt Parcel, 1 x 317' 12 sq. ft. B. Northerly 6)0 f( :t or North Park n,4 Lot 5C' x 1�` 9,450 sq. ft. �'. l' 1rCE_'i avu1 - 2: {1n'g 32' "ijt to Wr - lying immediately r:rly c)f t1, t• W, ;t. ' of the existing Coast.- AL .` >' 1?,_?1 f`EL 24, 33 sq. ft, The 4 - :; t" p f;�,s'lt CaC'S�::r �� }1ErCiT1 �Gr a 1 i k , . Curt Pemrson, Fsq. October 22, 1990 Fagc: Two 2. Concept approval fc �il division of existing parcel into two separate pare, e? s. The pr(- , posed � ivi s i on lines are shown on the attactiE:d EAetc:h asap. Our purchase is also subject to our being able to negotiate a spit- isfacto,:y for egress o,.�r the h -reel now owned by Mueller & Lansing. Very truly you.—;, J(iH: +5QN & Wo )Di / i 1l' PE��T W. .JUlitl�'ut P � i . - I � -� 1 i i I i �� 4 i s � ��' �� d z t x� ,� 4�, z � d ) tl f 4 S k :S � 4 I I 1 I i i c - � \} � \ �,. � 2 .. f� FA � � � � � � . � � '� � � • � � � �� \ � � � i S t I A 4 NovembF >r 1, 1990 City of Mound 5341 Maywood Road Mound MN 55.364 ATTN- Mr. Ed Shuckle, City Manager RE: Mound City Hall Addition and Remo;eling Shingobee 8uildere Inc. is requesting an extension of tir,n ?;i renovation and addition of the City Hall. This is m=,Iniv dui the amount of work that has been added oy the magnitude <,f ch: ;- •�rfere. The revised completion date is projected to he Decernher 1°. 1` If at all possible, we will put forth all efforts for an ear 1 completion date. `�i nr:erel y, navt+ P. whitt Pr o ia(7+ Manager L) W-72 CC : `�t evF� .Iant2en, MFRA r'eter Nasset, E8I 0 1 22 IV , t a d O PAYMENT REQI;EST NO. I CITY OF N;OU',D, MINNESOTA 1990 LIFT STATION IMPROVEMENTS YFRA #8635 FNGINEER, POO, A5s cr nc n: jr' n' PiJment 9, h -1 4 jk' " thi it; INC. imotint of t o : 19`30 RESOLUTION 190- APPROVING "ADOPT A GREENT SPACE" PROGRAM AS RECOMMENDED BY THE PARKS & OPEN SPACE CO" I SS 1 jN WHEREAS, 1 ,1 )(•(•t i% Cat this program is to ("01-tinue d i -j)l by Our common i ty On Earth Da -11inity eflort to clean-up, beautify and �;p o-i c e f o r the bene and enjoyment of an WHERE A., I owi n j &,'t, � �- it i es are to Le inclu (I ed in r i - i r - I c i t c) a - green -.p, e: 11 . ,, 1!, uj) (-,' +trL,v;,- and litter; f low - --;, shrubs and trees, as approved i 'ind itivc plants and noxjuus weeds by t i n q - .is designated by the P a r k WHFREAS, n t h a s b e c n �-! o r'i. • d out f (-) r I, t 1 S 0 r (I r f) COVOt such as: c i t y p, - i r k s vacant I -;, and other WHEREAS, Parks & 'I) n S p i c C c,m m i o n h,j s NOW, THEREFORF, BE If RFSC)LVED th tl,(• City Cc.unc. - il of t fo r f o r g r o Li I en :;p & Open Sp,icf-- ADOFT A GktUN 'JPA� t Chafr B,rrw - -, ..' offered to i r In �tnnvl th, the C( t'- 4'; t i A Agreement, 1 i — !� �, . j r (', --any B wr to a wp�. a e r r r r y7) present i t v K q QM e f t r p r OC- t:GUer e' r. W) I I 'N �'� � -, -,, t ;,, N'c -;rvled t)y EL--Jl 1,,, to recommend A I Vt A Gvyon VWCP Pt &qrc3m J3nd Green U r V n I rr-) us I y . 0 W"t C bays be pro v 1 a- -1 (�hv i s in pirks or along road t ", t ,I �� i clf. the road and t f 1 , hem up. He has n s U "i rj f s t e d t 0 • MINUTES OF A MEETING OF THE MOUND ADVISORY PARK ll, OPEN SPACE COMMISSION JULY 12, '990 Discu_sslon: "Adopt a Pa rk, G Area, Planter,_ Approach or S tree t Right�of_Ide�. "_ Council Representative PhyIIIs Jessen addressed this issue. Jes- sen re` to a memorandum received from the City Clerk, Fran Clark, Wtich included information on a similar program for the City of Ottumwa, Iowa. Ways to organize such a program was dis- cussed by the Commission. It was suggested that groups such as the girl scuts, boy scouts, garden clubs, schools, neignbor- hcods, seniors, etc. can get involved. It was also suggested that articles be published In the local paper to urge participa -- tion. A subc(,xrmittee was formed, including: Marilyn Byrnes, Tom Casey, and Phyllis Jessen (it was noted that Fran Clark should be In- vo I ved ©I so) . The subcr4Trn I tt ee I s to draft spec i f i c deta i I s on how Mo�;nd can Initiate such a program. THE CITY OF MOUND ADOPT A GREEN SPACE PROGRAM 0 The objective of this program is to continue the energy and commitment displayed by our community on Earth Day 1990 by organizing a community effort to clean up, beautify, and protect our city green space for the benefit and enjoyment of present. and future generations. City parks, commons, beaches, dock arzas. Lost Lake, vacant lots, and other open spaces need regular care and attention to clean up garbage, plant flowers and trees, and remove noxious weeds. Groups and individuals who adopt these responsibilities for a particular green space greatly enhance the appearance of our city, thereby boosting 'Herne ;'own Pride" and encouraging visitors to our community. The following activities may be included in this program as they pertain to a particular green space: 1. Clean up of garbage and litter; 2. Planting of flowers, shrubs, and trees as approved by the Park Director; and 3. Removal of non - native plants and noxious weeds by hand.or cutting as designated by the Park Director. City Responsibilities 1. Designate green spaces that need to be adopted; . 2. Furnish trash bags; 3. Pick up garbage collected by sponsor at a designated site and dispose of same; 4. To the extent possible, furnish plants if sponsor is unable to do so; 5. Advise the sponsor regarding xanagement of the green space; and 6. Notify the media and make other efforts to publicly acknowleige s-. contribution. Adopting Sponsor's Responsibilities: 1. Clean up the green space at least 1 time each season and deposit garbage at a site designated by the City; 2. Furnish plants approved by the City Park Director; 3. Keep plants pr watered, maintained, and weeded; 4. Furnish transportation and equipment for workers; 5. Provide adult supervision for workers under 15 years of age; 6. Observe every safety precaution to protect workers and assume sole responsibility for injuries to any worker or observer at the adopted green space; 7. Oc�ey all traffic and parking restrictions in the area they are we rki 9. Prote <•t all T�nuTF>nts, sigr,,s and equipment; 9. Returrrt unused material and supplies furnished by the pity within one week after work is completed; and 10. t;;t:r c. r,riit.i ;ns as re by the City permit. GREEN SPACE ADOPTION AGREEMENT • 1 • P C. r ;T! i t N0. - - SPONSOR: (Name of oiganizati,,dn or !-n_di 31 addtess) It GREEN SPACE to be adopted: APPROVAL IS GRANTED FOR THE FOILILCWING ACTIVIT Clean up garbage and litter Plant of f lowers, shrubs, and t s by the Park Director Remove non-native planets and hand or c as approve: Director Other: Sponsor agrees to the following if grante1 a 1. Clean up the green space at least t. and deposit the garbage at a si City of Mound; 2. Furnish plants approved by the 3. Keep plants properly watered, A. Refrain from using fertiliZeLS, pesticides without written pe. Director; S. Furnish transportation and workers; 6. Provide adult supervision for' w or age. 7. Observe every saf,�ty from injury; 8. Obey all traf and they are working. ro'. parked on green or unloading of 9. Protect al monument; s , ;r 10. Notify the Park Dir(: starting work; 11. Return unused material and supplies furnist . d by the City within 3 days after completion of work; 12. Perform the work in a safe and attractive manner; and 11. Indemnify and hold harmless the City of Mound, its officers and employees from all liability and claims for death, injury, or property damage arising out of the performance or non - performance of said work. Sponsor(s) acknowledge that they or their volunteers are not considered to be employees of the City of Mound or any of its agencies. The City of Mound agrees to: 1. Furnish trash bags; 2. Pick up garbage collected by sponsor at a designated site and dispose of same; 3. To the extent possible, furnish plants if sponsor unable to do so; 4. Advise the sponsor regarding management of the green space; and 5. Notify the media and make other efforts to publicly acknowledge sponsor's contribution. Thin Agreement shall commence on and terminate on 19 19 It is further agreed that the City of Mound reserves the . right to terminate this agreement at an earlier date when, in the sole judgment of the Park Director, it is found that the Sponsor has not satisfied the terms and conditions of this Agreement. Sponsor Dated: City of Mound Dated: 0 _,ill. • • 11 i �, A I il f 1 0!. : 108,217 . 10 122 816.64 T�TAL BILLS 231,033-74 • rte,LKY U'PP'kATICh VENIM 711':4! _. • T .,. 'i•" _ ' . ... ±' - C T - •c c r . • 3199 N�. E C_ c 4 A DATE I,' T 1 1 N!'iil: 'r l :F :p' :'JN AC IGLWT Nt. *PER A11L'LNT CNECP 1 Y• 1 :. Vj KNTk -�;E 01 So NOb' CE RETflEE 71-7100-1510 /31i 1,`00.20 PC-CD 1010 1500.:0 3108 _ KA cCtlsiI :.._ 71- lrx . .. ,r. ?l;;n ..:' w "�-.. 1710 :`�►�.l' t1n °.v I`, w : N< 7I 5C 71- 710o- • : ^, :. -: J- :010 1 .P. 21 31Ob9 Tfl ?t_ v4n-0690 :. .010 11 `.00 31040 :010 ^o 3I08n 10" 1010 Ali(, -. ,'YI :'IO 0` 3199 4�E 3 H .:Tf OF CiN, I WO I LT IrUE � -r' NO. INVOICE WN DATE PATE SWI-5 rPlll :"c p T I WFY GARDEN VENDOR TOTAL 11 V) Pa 4• cYr _r 3 . 4- PRE-PAM "114 4 "CMA PE71KMERj TO, PJL 4l /I I "'k, lon I ";eo C[! IL r r 14-N TW-:E K PRE4"![l L'C ';�'E T!lf Ll 3 200 1 3.2 0 J R N A L DATE 10 /31/90 CI'r I p"Y'O TI 9.:6.35 PRE -PAID DfN N fT Nt AMOIJFIT NECK 0 DATE X _qi:_ =" MA O1-2300.nr�� 1010 100.00 31915 10 1010 44.00 .1':k�? 10/31190 , _AW EWTUMENT LA80R SER# VEMOR TOTAL 44.00 •..51 r�c_o„1D 1^ 1. ._ °R 01-:040-0000 1010 1963~.03 31033 10/18/ ='P:: PGrr, 01-S4040)0 14 % ?1 �'; iC'_, "�� ,.... s;�-_:• 1010 10310.52 31074 10/31/0 FTTc gq!.� _ ajD c''(rf, TOTAL :c 01-= 040-(KIN) 1010 1316. 31046 10/18/90 PRE -PAID .. MG 4 :�•_' x 01- 2040 -�N10 1 1 / Q 7,r4 1010 W.P4 31086 10/31/90 'f^ CENTEF HEALTH FLAN VENDOR TOTAL 141.4. rl 01- 2040- (1D110 10/31/ 101311 212.,=' _FN' "^ 1010 212.3° 31047 10/18/ Vi PE*;:IT ASSN "EqI(Ir TOTAL 40! PRE -PAID 2' DE 01-20%0 -,xm 10/31/ :cc.00 ,F`t ':: 1010 2% .00 31041 10/18/90 PRE -PAID 2?P, ' DE: - 'IS= it - 1 1- ?0dr-0090 .. r1f, -�t 1010 2a,r1n ?1981 10!31!90 4N RFIREKENT SYSTEM VENDOP TOTAL X455 vFr - cg1D ; %5,45 Ltii'N :" _ an.n0(r 10111 19/311 ba5.h5 �x "� �D !01(i 6 310 ?7 101'31/ "h 'EA "STERS LOCAL K'n -ENDOR VAL �45.L5 83520 PRE -PAID 66.E-2 POCTG F P w'F F:; LS 73- 7300.3210 4.63 L'�sT r 1 W ...'_S 78 -7W. -c210 1G131i 10'311'x? 13 ?.2` "4- CG 1010 133.:` ?1^`1,1 10 'Vt.Nfi C[ T"GSTER 9EVXR TOTAL _...`. W �1 • F 11 - ^[ JMO 57). °� 3104 EN F I T LICE VENGOF TOTAL 577.. . 3.2 0 J - Co -e E n .!r. ._ (�c's.'i�il L:;ii£ tY�'LCI Oi +;'! QJ - lheY' iY'[[i tio�IriUl GGlii.rui O[it °'!n;t f0 5(1 3103 L}.'[[1 Oldd -38d ill;t5 8a.•- 7 3N ,!P k So fG1. I[ 3N: P, Oo'4 Gi k . -'U:L i[ CD " �7 3 35( is X7I[ iL all 1i'Sbal �ll5d _73 ;[' I �- id' �i d0�:w3', tau d0 SMCI:1ILao P'.'G,b J'.'.. ...� :V >4 cI /ill '}t» �I�M1 'iP' 7IC I� »•37d UL (:T � 010i 07 T S( £tv'4 po /1£ /GI Uo! f£10l it r� ::'4li •l0 t�7 L"01 d'' 11 r''£bti' Q a - Sy3 �..,. v i X%7: ?�._. �y'h3' 'OJ ,53n:N 53.','i5 Nh3+i: . IN .... t 7.�t ".,. 1ti;�M:` y; w .ti+�;�..R' ��'.lSl��,�? :V:: St:... 31"11 3i�u �hl j.'.��: �0h C 7 :7 iii , 11tr : a1 3 fa'hI a�lk3'1 IU-i,U.l-s' ti5n_ PURCHASE JOURNAL DAN 10/11/96 CITT OF MM TIME •.26.35 !%V M HOLD W-PAID CEDE nn. !Irl-7 wip -WE DATE STATUS *W DESCRIPTION ACMINT NOW MOM DWI DATE t -.1 -Qc-, j"Tc'N yEyjb � T11TAL T 'NUANCE COWP#jy VENDOR TOTAL PRE-PAID 1013!/W 10/31! C r j 'f TOTAL ,rj'k- ALL VENM" 5 CR LIWON Ion7 PR n JPNL_CD 1017.4 i,:Iq.k4 POD INS-M SDERNAU-6 MUS 1,219.64 YNL-CD 1219.64 7.00 CHAMBER KrrrES 7.00 JX-Cl) oi-:w- 1010 508.9? 31083 10,11/90 71- 1010 1219.64 31rm 10M/90 01-4M-4t2O 10 7.00 31032 1017/90 • c / o 3 11 • 3Q03 L • E 3 A04 IVA r#JE KU NO. M. WR LIATC AMINT *VIER AM�qjhT EMP FEES g -i:_0, AM -R!CAN 4WONAL KW 'FNYP 'Zlk A^342 " :LE FALL NEWSLETTU 014M- 11/07/90 11/07/90 6 •R*-CD inlo AM M ME NSM '^ TOR TOTAL 6`0, 01 * E vlw LEY AEADY "ll "1.1: SE:l_ IEap" Pt-TE;y BATTERY 6 TIRE l?. :R LIGHT KLBS ; Pei FRARMN STOPE XT GWEOA 1 7 T SW.WIE 0 1 - 4' AX - I KA(yowiAl ANN SON �"'C ELG[ 740 7 :-7 1' KOGET LIVING INC vENLff TOTAL L • E 3 A04 • 3 Q 0,5 1p CITY OF M(+�Nl) rll'E NNIC I CE DA HOL PRE -PAID CH E7 NC. * WU!" NuPP !QTE DATE S AMOY 1lEKP!F'ION ACCOLIN NL"Kk All)UNT CKCV 0 µGU SALT D!. ',SNnOP TrTk c6;.<< 31.31 CD In rUTAL �7 CITY OF PMV VENDOR TOTAL 11.37 ?A. OCT Ql.!C, PENT 'i. 2i OCT Rl. PEN' 4-. - ':;N FTCF' ;'EN-AL TOTAL -j" v TArE, � 1 3.6 Si-! P'P: NGG D40 CK 'qjF'L 4 : CT 14, _ FLFl, L I E 5 0 IJF I 4.36 OCT HIIWE SUW, 1 E S ". OCT K SUPP� I FS 8.1, OCT WjsE R.PPL 0 1 - 4 ' 0.07 OCT KWE 9jPPL!E' 01 - 43:•n_ "T 20.53 OCT HM c .ZF I ES 0! .".' . 7 9 OF WN6 SLFPL:ES 01 3.9 OCT H[W_ SLJPFj!ES 73-'3(V SQ.94 OrT H['Wr %V Cl 1 73. 4.62 SH! PP "G CH: ITE J 17.(c� " 9 W_ �CT H' Krfl.:ES 7c- 6. ' OCT HP WE SUFC !FS _'!.45 OCT " SLFP'L.IES-CB[i 4r X r:l .v - '05.62 OCT VIJWE SLIPPL E S 11 /07,rotl 11 107P+O -- Tl ,jN:l9F TOTAL ric , M: I 7 Jf.q _r"p K VENMR TOTAL 40. REPA! P PAGER 2: •4 7r, - - 'r, 1! /07/90 11 /07 1'40 _10 VENT _F To!k • 3 Q 0,5 1p • u • 3ao6 4MOUNT CND Cl' t Olt 1�1, fi �IFKN FOP KA 1110'! a; /m' 1' 1,pn JP% -CD 1 ^1C lij ".. • u • 3ao6 3 as � �*41tF (�R�!iE I M Fi_XI N� 1�il l:!'L i�CF' ,,C w • � ., 'S ,. l�' . {,, !L'; `N �• -- r"{..} � ._`�� _ �EM: i , »��'' ^N ',KN'ii?G 'C'4t. .�.;•�,>'^ r q , rc:dl'_cNE ^L do ANE'fK Tn :,L .. . • ~,r' � Sri �,� Pc`�!�'F '-� '•` - Wu :.4" XT W-:-E; COr�EP :. -. Or M ED C7:u_E� 167.50 OCT ONE CALL SE;N!,: 4;Y /^0 i 107! ,�.,. PJL -cn 3 as � • 3 a o$ CITY CF Mott,; TIME 1:. 59. n3 7F 4 ;,wJ.hT ;Ex� •'; "J K"CINT 4_17 ME -PAID DELI ANXNT MD' A DATE 4 .x SF:. K KF ?1 alit 4 ; ;N PJ :AC '? 16.'T TURN PVOIPS-S4, 01 41a .:o 18.99 'EPLAOE DDIR NAtiaE 01 -:810 ' S% 7 r[ll> 1c5 ;OP Mrcc 9; J 5,: c LVl C`P WC -AR -HWRIE i �. 91 -a14r; -a; 11 /07(` i C:0.1? 'Pt-CD lr,lri • 3 a o$ 1 c rJ•i VE'rUOR IN V ''E D wX'' 4; NO. INVOICE ti *EA '4 , _ ._5 :, tN j < LMLL 5 ^,UTOwC 'I'ro .f N: _c. LUTZ WE SFrr.':CE Kipi�l :1r - • 7 ;L VII D:STGi?l "�A .�Ylcc _ `. ... TZ MINJ5 T L 9.Fv.+ VENDOR T -TAL pp 1 9 11101'on A,: ' F+l CD ING ACCN �„ +• rT 0 Sato � • 3A 10 VEiJDOk i MJG' CE vJC HLY j F's - PA I D CM �� •t: [�-c c- tin !h ":�' NMg� ,« .. „CO _, N [t � F . � ': 4CrQ�T rRg+gEn �.NT C�fl 1 ,:•rF Kj01 4 G xT :ALw,;ES MOLND FIRE RELIEF -'S- sNDOR TOTAL 5.29.00 r�In 3n.o'� �_: e:•E - =��, �,i- al4o - ?is4 40 7.4 '-: Or' ELEC�5 �- 01- 43:n -, 0 3b8 .0 aT F 7y 7 1- 7 1 ' "SO x,93 UC' •'_ cC'uiCi'+ 4170- 'I^ 1 ,179., , 1 OCT ELEC : 97 "' ixT SLEI. �TjI..Y 7 =' -'P! Hq I51n 1�.4t 1 11107 10,378.q. ,Nr1, CD 1010 • 3A 10 • 3;ZI/ : WC: _-E RX Hats nATE SWUS :rOJN' A£ 1 11' ,4 a�CM..NT yr:cc Aml �, 30 .IYf pCT r [ . ! : )7 ' in k'' c • �'`F 11/07/90 11/07/ 91).00 Xw -CD l In OgE^JS1'M STRiP1W VEtiDOR TCTN' 14'.00 to n1;or, It /;)'i4Q 1114.61 V, — r�•,e.r' i.n Yr,.�r C RY CD t,a�p 'SC+vE SIFN[�f ';ITAL sir;; _`.'• 11 .(;•.rail 1..�� ... ' rY�__. PT UQjCi 3Q. 3Q SAS TEST Two 41 (ifs K4.54 PRINT *WSIETTEKf 11107/90 °,64.11 ,IR!t -CD ! 019 1,51' TT r • 3;ZI/ • C 3 2.1�- Tf 1 ELM. I N 1:....03 ANTC <<r: ^: 'wk HOLP ;xs -P,:e Df a' [ g'4^ c :M�1LNT [£itr: = 7C •. .. 'rte' -J1. � .lam` - -�� . .. - �_ -. �� _i .S`['i,jF _'wi 1'�� 1 _ M _. '1 .• 74 [L'1 'k".^ ^ 11 °0 ?4. '?s J-1t �N TL 1p:n S °1 v.[ tf CGwrrC Q1- 114n, -;.:r, 13.4 7$ 7k LP rO Ir',1r ? 1 i 74 r_' N: Y ,. � r f SC, 11.74 f'll'CU 1010 J.N C! river 1•rc rn ti4TiiR inTAl 13,74 f .d. -�, �` S: • C 3 2.1�- 3 - ;"• ;s' �Lr,7:[ 11 11E 12.50 PRE-PA10 DED' :. ANT ;c':0`4 Atxdlt(i W AMt>Utf DW t PATE •' ", ; c . - 01-4.%-2240 JN ." X 1010 EPS 79-7800-21340 .R1 RgA :R _LAMP ,COVERS 73 -7304 -2300 ^[A --p PLATE 73- 7300 -.'300 TOL ' -EAD tcTERS 7 3- 7390 -2�?l0 1010 16 .4-41lD .'.� Oi!' ST - HALL 30- 5000.3100 :'G 9LT STOF'1 01-4:80 -1.'00 N'F'L , E %TS 4 BOLTS ON vk 73 7300 - 3800 A' 73 7300.3800 4',` :u;R:NES'ER- ASSESS 73- 1190-0000 i 1 � -_• 1010 »..Mil .y�, -. - r 01- 4140-".810 1010 K4CC OF F 7 g - >ss<10-.340 01- 4280•Z340 JR'i_ -_D 1010 �E'A :4E� GI -1110 -3100 'R ,ErA-- S:> 81 -43`A -3100 ' 777 .'> 'R[ L'Tx' LEGAL- DAHO':A RAIL 30-6000-3100 1, `FO OTR LEGAL- HA2,?DO1JS BLOCS 01-4190 -3100 W'D QTR LECAL -LAND ACQ b Sl1BO'V A1- 4190-3100 :GP O'� '.EG" fENR ?GR 1 6 -11 -0000 3 0 / o , - e 39,14 E • I CITY OF 4CLN'v '!ME PIPE -P I" 1 %? l-rE :FTg: _N? CP 1 P T ! ON w,,' , -- CLAN - w :*VP : :aid'S X VEh1 : 71. Jp TO I00.00 :60 7 ? FICY W!LLAPIS 0 / o , - e 39,14 E • I • McCombs Frank Roos Associates, Inc. Nove mbr -r 1 P - 1 1 40 l r 1 1 u Mr. F "&ard J. Stiukle, Jr., City Manager City of !found 5341 Slaywood Road Mound, Minnesota 553611 23rd AvF�nue North Plymoutr V nn�.,. 55dd? ?r4 s ?6 6010 4'6 -8532 FAX Engineers Planners Surveyors SUBJECT: City of Mound, Minnesota City Hall Addition and Remodelin Payment Request. No. MPRA #8878 Dear Ed: Enclosed is Shingobee's Payment. Request No. ; for• work- completed through October 31. 1990, on the subject. project. The nmount c;f this payment request is $83, 419.83. We have reviewed this request, find that it. is in order and recommend payment in the above amount to the Contractor. us. if you have any questions or need additional inf'Ormrrtion, conta(: t. `71nco 1 V'. McCOMPI5 i'R -V% : k0 f) ", 1A IT.. ; , INC. S tevon tti . .l;in t r.rn , P . r... A. i • SJ:jmj Enc losures An c�r�... TO: CITY OF k0UN0 5361 MArWOCO aaw MOUND MN X5364 ATTENTION: APPL:CAT!JN AND CERTIFICATE FOR PAYMENT FROM: SHIN;UEE BUILDERS, INC. PROJECT: MOUND CITY HALL Shingobee Auilaers Inc. 279 North ti :pdi na Jt reet Loretto MN 55357 CONTRACT FU%' ADCITION / REMODEL . ............................... ....................... ............................... CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SLAIMAR' ............ I ................. ......... ADDITIONS DEDUCTIONS TOTAL PREVIOUS 48910.00 •2693.OG ......................................... PAGE 1 APPLICATION NO: PERIOD FROM: 10 /0 1+.. TO: 10131/90 ARCMITECT`S P R OJECT N 0 CONTRACT DATE: 04/09/90 ..................... CURRENT STATUS OkIGINAL CONTRACT SUM 763297,00 NET OF t'HAN5E ORDERS 3ISS2.69 • _ CONTRACT SLIM TO DATE 833849.00 TOTAL COMPLETED AND STORED 720411.70 RETAINAGF: COMPLETED WORK STORED MAIEkIAL THIS PERIL CO 9 DATE ............... 29 t0/31/9M 0 30 10/31; 90 33 10/31/90 35 10/31/90 ............... • TOTALS - NET CHANGE 4600.00 214.00 297.00 16 44 � .0 00 0 , _•�Ti77.VY /L7 •._.__.__ •2683.00 TOTAL RETAINAGE 72041.17 TOTAL EARNED LESS RETAINAGF 648370.53 - ^ i PREVIOUS CERr1FIC1.TES 104950.7;1 CURRENT PAYMENT DUE 83419.83 BALANCE + RETAINAGE - %6474.4; ( 7! STATE OF: i1 ?ni COUNTY OF: A, %_ THE UNDERSIGNED CONTR4CTOR CERTIFIES THAT TO THE BEST OF HIS KNOWLEDGE SUBSr.R1BEO AND SWORN TO BEFORE ME THIS INFOPMATION AND RELIEF THE WORK CO','ERED BY THIS APPLICATION Fne DAT OF .'/c y 19 7l PAYMENT HAS BEEN COMPLETED IN ACCORDANCE WITH THE CONTRACT DOCU• MENTS, NC RY PUBLIC: ' THAT ALL AMOUNiS NkVE BEEN PAID BY HIM FOR WORK FOR WHICH MY COMMISSION F.XP S• PREVIOUS CERTIFICATES FOR PAYMENT WERE ISSUED AND PAYMENTS RECEIVED FROM THE OWNER, AND THAT CURRENT PAYMENT SHOWN HEREIN IS NOW DUE. ZFIOMAS L CONTRACTOR: 01�■InI�II E+plw l,Z�.� Br: DATE: ..._ !__._.._ ••-•- •..._•....••• -- •-•........ ...••.......-••- ____.__....._.. ARrv,;ECT'S CCRTIFICATE F02 PAYMENT AHOUNT CERTIF ED ............... S_ In a,:cordan.e with the Contract Doc.snents, based on on -site (Attarh e.;' -ation if amo,h)t certified differs observations art the data comprising the a:wve application, frcfr the anof.rt applied for.) the Architect certif-s to the Orncr that to the bes- of the ARCHITECT: Achrte.'t's lrv�wtedgt, infurmatio, and betief the cork has as indicated, the quality cf the cork 's in By: ✓� —._ _ - gate: _ accordance with the Co, ..'art Documents, aryl the Cuntractor !_ This certificate is riot regotiabie. The AMOUNT i!t entitled to payment of the AMOU'.: CERTIFIED. CERTIFIED i payat,le only :o t!c Contractor McCombs i r:wn . R.!e,s Ass,,,' . named increin. Issr_ance, payment and acceptance 1 5(50 ' ; 4 4v v; ) o tiCrt h of layment are with,,,.. y to any rights i'lyp (; Ur h "N )44 of the Chone• or Contrr under this Contract. CONTINUATION SHEET APPLICATION AND CERTIFICATE FOR PAYMENT PACE 2 FROM: SHINGOBEE BUILDERS, IMC. APPLICATION ININER: 7 D CITY OF MOUND PROJECT: MOUND CITY HALL APPLICATION DATE: 10/31/90 5341 MAYWOOD ROAD PERIOD FROM: 10/01/90 MOUND MN 55364 CONTRACT FOR: ADDITION / REMODEL TO: 10/31/90 ARCHITECT'S PROJECT NO: 0 A 4 C D E F G N .............................................................................. ............................... WORK COMPLETED • TOTAL MATERIAL COMPLETED CAT SCHEDULED PREVIOUS THIS PRESENTLY AND STORED % BALANCE S NO. ................................................................................................... DESCRIPTION Of WORK VALUE APPLICATIONS PERIOD STORED TO DATE COMP. TO FINISH RETAINAGE 1000 GERF.RAL REOUIREMENTS 84449.00 76004.10 844 ..90 0.00 64449.00 ............................... 100 0.00 8444.90 2072 DEMOLITION 15359.00 15359.00 0.00 0.00 15359.00 100 0.00 1535.90 2220 F%CAVATIM!, DACKF'LL i COMP 14820.00 13338.00 1482.00 0.00 14920.00 100 0.00 1482.00 2513 AS?NALTIC PAVING 23000.00 0.00 1771L.uO 0.00 17710.00 77 5290.00 1771.00 2611 WATER SERVICE 12910.00 17910.00 0.00 0.00 12910.00 100 0.00 1291.00 2850 RETAINING WALLS 5176.00 3882.00 1035.20 0.00 4917.20 95 258.80 491.72 3300 CAST -IN -PLACE CONCIETE 72045.00 72045.00 0.00 0.00 72045.00 100 0.00 7204.50 3415 PRECASE-CONCRETE 10450.00 10450.00 0.00 0.00 10450.00 100 0.00 1045.00 5120 STRUCTURAL i MISC. STEEL 15052.00 15052.00 0.00 7.00 15052.00 100 0.00 1505.20 6001 RUUGH CARPENTRY 6878.00 6 0 ,78.00 0.00 0.00 6878.00 100 0.90 687.80 6002 FINIS'l CARPENRTY 20045.00 0.00 1CO22.50 0.00 10022.50 SO 10022.50 1002.25 7160 BITUMINOUS DAMPPROOFIN[ 900.00 900.00 0.00 0.00 900.00 100 0.00 90.00 0 40 COATED INSULA`IUN SYSTEM 44741.00 33555.00 11185.00 0.00 44740.00 100 0.00 4474.00 70 FIRESTOPPING 628.00 628.00 0.00 0.00 628.00 100 0.00 62.80 7532 ELI,STOMERIC ROOFING 14369.00 14369.00 0.00 0.00 14369.00 100 0.00 1436.90 7900 J(.NT SEALERS 1300.00 1300.00 0.00 0.00 1300.00 1uO 0.00 130.00 $110 $TEE'. DOORS t FRAMES 10780.00 10780.00 0.00 0.00 10780.00 100 0.00 1078.00 8210 WOOD DOORS 2652.00 2386.80 0.00 0.00 2586.80 90 265.20 238.68 835' fLODING SLAT t__' 1140.00 0.00 0.07 0.00 0.00 0 1140.00 0.00 8360 SECTIONAL OVERHEAD 2671.00 2671.00 0.00 0.00 2671.00 100 0.00 267.10 8710 FINISH HARDWARE 8821.00 7061.60 1765.40 0.00 8827.00 100 0.00 882.70 8A00 GLASS i GLAZIkG 5200.00 3400.00 1300.00 0.00 5200.00 100 0.00 520.00 9100 METAL STUD SYSTEM 28517.00 25665.30 2851.70 O.DO 285'7.00 100 C.00 2851.70 9311 CERAMIC TILE FLOORS 3920.00 3136.00 0.00 0.00 3136.00 80 784.00 313.60 9510 ACOUSTICAL CEILINGS 316,1.00 1896.00 0.00 0.00 1896.00 60 1264.00 189.60 9650 RESILIENT FLOOR 980.00 0.00 0,00 0.00 0.00 0 980.00 0.00 9680 CARPETING 13632.00 10224.00 0.00 0.00 10224.00 75 3408.00 1022.40 9900 PAINTING 18500.00 10175.00 3700.00 0.00 13875.00 75 4625.00 1387.50 10160 METAL TOILET COMPARTMENT 1142.00 571.00 0.00 0.00 571.00 50 571.00 57.10 107';, METAL UALL LOUVERS 1660.00 1660.00 0.00 0.00 1600.00 100 0.00 166.00 '0400 SIGNS 898.00 0.00 0.00 0.00 0.00 0 $98.00 0.00 10608 PARTITION FENCE 1126.00 1126.00 0.00 0.00 1126.00 100 0.00 112.60 106.'2 STORAGE RACKS 1068.00 0.00 0.00 0.00 U.00 0 1068.00 0.00 10800 TOILET & BATH ACC:SS. 1530.00 918.00 0.00 0.00 918.00 60 612.00 91.80 1 7 512 HORIZONTAL LOUVER BLINDS 890.00 0.00 0.10 0.00 0.00 0 $90.00 0.00 14245 HYDRAULIC ELEVATORS 34213.00 34213.00 0.00 0.00 34213 00 100 0.00 3421.30 • Steven W. Jantzen, P.fj /, k-1. ) A. S.1. jmj • APPLICATION AND CERTIFICATE FOR PAYMENT PAiB � a "� £ FRd112 SNENGOSEf B#ILDENS, INC. JtPItICATION N1 t: � PROJECT: ROM CITY HALL APPLICATION DATE: 10/31190 PERIOD Fla: 10101/90 CONTRACT FOR: ADDITION ! 010WEL TOz' 10/31140^ y r r AR"NITrCTIS PROJECT UO 0 t . rr...•......i.......... a......rrw......ar w.....•.. i...•.. a.........♦•. .................. 5 C 0 E F 0 ,I. ..... ''._...---..,........................ WORK COMPLETED TOTAL MATERIAL COMPLETED - �, r SCHEDULED PREVIOUS THIS PRESENTLY AND STORED % BALANCE S . Of WRK VALUE APPLICATIONS PERIOD STOREO TO DATE COMP: TO FINlSN RETAIMAOE ....... - . -- .. • 4600.00 ♦ 100 M � .OII ALL FlOORS 0.00 4600.00 .0.00 4600.00 0.00 460.�O mo INO 264,00 0.00 264.00 0.00 264.00 100 0000 26.+40 Id►�IrEAf 297.00 0.00 297.00 0.00 297.00 100 0.00 29.70 164.E 0,00 164.00 0.00 16+4.00 100 0.00 1 6 .40 " g 'gEy#e i�Y;1k s.af.• #i..•4.: ............................................................................... ........... .....V .. .... .a w.+ .• ....i .♦ . w.♦ ............ ..•.•Vii,. + s r f ORDERS 050w*— 11733.20 5325.00 0.00 17058.20 33 34493.50 IM4,82 * . • µa "$'?�'.wrrwrr ....... .... - .....r .... ........ y fs *f, s 1 IM'401.1iS 81 ..... ... ............ . ......................._.....♦ ,544.00• 627723.00 92685.70 0.00 720411 ♦70' .a 94"i. 7"tD4 m INT �. � ..�. ...,. ... ............................... s4 ._..• - - -- -rr ... .. .._...............♦ ..... r E • An Ecuai C voorturnty Employe( R . fir. Edward J. Shukle, Jr. tiovember 13 1990 Page Two Change Order N 0 39 This Change Order is for a permanent handicapped ramp to the Council desk 'built into the the architecture of the Council Chambers. The previous Cite uf`iding Inspector did not require a ramp, as long as one could be 'installed at a lacer date. A'ramp was not included in the original plans in order t' keep the pra,lect Casts down. The handicapped access codes are, at this time, being strictly interpreted; therefore, the in personnel is now requiring the ` ramp. Ghan Order No. 41 r , This Change Order is for installing a new gas line. Upon removal of the grfss4m board ceiling, the existing gas service 4o. the building at the northwest corner was f6und to be l.eakitg. in addition. this line did not meet code and ;. -ad to be replaced to comply with the latest Code requirements. Chan Order* No. 42 This Change Order is for additional recessed lighting in the Reception Area It was felt that reusing the exiisCing lighting as shown on the plans wnuid result in a dimly lighted space. It was decided to add, extra light =l0 make the reception area more pleasant,. Cha nge; Order No. 43 be hardware an the existing entry doors had to be repositioned to fit the new mullion. The old mullion was replaced to provide the space required ror handicapped access. This Change Order is for the modifications made to the doors. Cbang! Order No. 45 The City of Mound requested special sprinkler heads for Rooms 103 and 105. These heads are specially designed for "institutionrl" areas so that a person cannot hang things on them. We have reviewed these change orders and recommend approval.. If you have any questions or need additional information, please Ccntaet uq. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. Steven W. Jantzen, P.$/, A *I S,J: jmj DATE Octo 3, 1990 ARCII CT APf ROVAL# 15Y t DATE: ?kCa*s Frank Moos Assoc. Inc. 15050 23rd Avenue North PIMOuth W 55447 < 1' � M.7 .. r p i t r {,"Z e Pia `� b vy �m i 1 1ts+rr,d Ci1 1tal i Fi. ` 11AT1~ r October 3, 1990 it mound t:i1CI,.1t'sCT_ "Ur._ 0 r ti►e t"044 of til• Costreet. tore hl ieltas 0"I" et gjrensit If ition,I labor and material to provide 1 -Stour rued soffits around the existing ductwork system. The plans called for a 14yor of sheetrock attached dirictly to the bottom of this oxf$tisslg' joists This could not be done without changisr$ the twik flexible connections, and transition$~ $2,905.00 Shingobee 10% 291 '00 „n TOTAL T1#IS CHANCE $3,196.00 Mf <�1" ApJt#gtltENTB "X1 °**4i*e ii t%rs JAIRTY FIV9 ADD # l►► 1y1C six ADD 1'tel GM4i- $f�$3�CKi..�.., i< tM 0611E Wtlee,Le" Clow$ this >tretre+►t to k #SMtw sit of toe del OW lter 819W itle+. . 1 3u,1MILDERS 1NC. C #tr of und__ DATE Octo 3, 1990 ARCII CT APf ROVAL# 15Y t DATE: ?kCa*s Frank Moos Assoc. Inc. 15050 23rd Avenue North PIMOuth W 55447 �r DATE October 3. 1990 • ARCH ITECT, APPROVAL: Sys _L27 HeCairbs Fr" Roos Assoc. Inc. 15050 23rd Averue Borth PI YaMth Mi 55447 ni .S y� U S f A} COAM"C' Quota, no. DAri t October 3 1990 P1tt ?.1tCt #tUt..gQ�_ ,r Of, tare 0r11#01M +tra ++fit A8d #tictttal a #r#stg rGqu# fox car :heater outlets in parking lot labor and utter #alsts 00 00 : r 'Its �i ♦ /�y d,' f Sh #tsgobee- 0 396 3 3AO.IXi ,f d MAL ITI UK067 4 IT x 1 �r DATE October 3. 1990 • ARCH ITECT, APPROVAL: Sys _L27 HeCairbs Fr" Roos Assoc. Inc. 15050 23rd Averue Borth PI YaMth Mi 55447 DATE. s October 19, 1990 ARCH ITLG • - APPtt_ OVAL AYt ; - . _; DATE: tkCarbs Fr" Roos Assoc. Inc. 15050 21rd Avenue North P1 rmuth HN 55447 0 DATE: M:C +s Pr" Roos Assne. Inc. 15050 23rd Avmw wrth P)rwmth !N 554/47 xi ; r {, illt 1tt��itfli[rtYli! t .. .. N 4 r1Y iw all/ Pl " Ft� SYJ 1 S11 X PitLIUEJ1~E: UU X L_UGIIS L NC:. RFASE jIQj NU REALR a WI' C;FIAMU1E 0nDMR 0 PofI$4EX I r I1411d city l 1111 1• i t y of Hound CIIANIIE ()noc NU. 41 DATFt 11/5/90 PnOJ Nut - 9QQ&_ IN sr+totde -V slih t %e lets $l this C.strsot. t he 19!191161 clkerve st$ sffrasds Rework existing Entry Door - existing hardware. i.e. locks, pulls 6 panic hardware - needs to be moved to allow acceptable workability Rework Doors Shingobee Minimum TOTAL THIS CHANGE ORDER • PFIIIJEI:F COST ADJUSTHF.NTS flrlgln9l rrrj Costs rrlwlnus fhing► Otdere 11 W v 42 We rhsogs- tholer 1_ 41 - - - ory reel ect costs - - $ 370.00 $ 50.00 $420.00 4 823 11 VIINFS5S rNEl"I lit said runes bet csund this sgretstel t9 le tomtrd $• of lht 491 Ind Ftsr 9ign9d belov. _ SII_I NG01 1F,E_ BUILDERS INC. Cantr Act or 279 N. he dlna Street A-141rr s5 Lorettio H 55357 11AIF November 5, 1990 • s_7 _ ADD_ - 60� 28l .Ob - _ - - ADD _ - _420.00 City of Hound Owner 5341 Hay R oad Address Hound HN 55364 BY: DATE: ARCIII T APPROVAL: DATE: WCcrtt,s Freer* Roar Assrx-. Inc. 15050 23rd Avevw Earth Yl yrrnjt h 144 5'J/647 0 1' It C. f 1 C tIANUM onomR tt.ud city (Lill 111 s 'At y of Hound X U U . nME SICK AND PXIM L IE (JDI'Y CIIANt)E unt)En IIU. 45 nATFt 11 /5 /90 1`110IECT NUt_90A_ In "t,04denrr •Ilh t %e terse of this Ceelreat. the tellertlH domme ere e/lreewl Install two (2) special "institutional" sprinklers, not specified under specifications. $230.00 SHINCOBEE 10% $ 23.00 TOTAL THIS CHANCE =253.00 0 PROJECT C091 ADJUSTMENTS of 191"11 Irnjecl Celle 9763 - - -- rleet0we (h.nQ1, Otd1,ts It this 44 — _ ADD _ 64 209.00 - n.le I_45_ ADD --- �53.Oo Ire Prelecl cools 11 1111E5S 111111109 the weld Forth• hest Ceveed this 111" rnl to It tettwttd so of the dsl end leer elpned 11 SI BUILDERS INC. (.4111t I ac t or 27 N. lledlna Street Lorelt +v HN 5535 BY: r ;IA I F Novi ether 5, 1990 A Ci_ tV_o Mound Owner _53 H ap ov_d_ Read Address Mound HN 55164 BY DATE i ARCII ,CT AP[ROVAl - V Byt 1,r DATE: WGc rt» Frank P" Assoc. Inc. 1%50 23rd Averw North Plymuth W 551✓0 CITY COUNCIL PACKET - 11 -13 -90 #2 Add or► • • C..ITN" cif MOUND November 13, 1990 TO: Ed Shukle City Manager FROM: Joyce Nelson Recycling Coordinator SUBJECT: Joint Powers Agreement YA"WOOD ROAC MINNESOTA -612) 472.11K5 Five companies submitted bids for the Joint Powers Agreement. Listed below are the companies and their quotes. I. Minneapolis Refuse, Inc. - would do the service for their cost plus 1 with the City to receive the proceeds for the sale of the material. The trouble with this is they can not give us a price per household, so it's like giving them an open ticket. 2. Admiral Waste Mgmt. Inc. - price per household was $3.95 less 207, creIit or $3.16 way too much. Hennepin County said not over $2.00. 3. Waste ,Management - price per household was $:'.15 with $30.00 for pickup at City Hall. Still too much. 4. E - Recycling - price per household was $1.57 with a 50% material revenue split. This is a good price for us, but the prices for the other cities were all over the board. The Committee did not feel that alot of time was put into this bid. This company has been known in the past to have problems with their service, alot Of misses, sloppy work. The material collected will be brought to Ramsey County MRF for processing. Plus our days would be changed from Monday and Tuesday to Friday. 5. Knutson Service price per household was $1.70 with 1/3 material revenue split. This is the c that the Committee and Hennepin County agreed on. We wo1,', ain o1r same days of Monday and Tuesday. This company . , I s own MRF plant so the processing costs would be lower, in : . our profits would be more. This company does the garbage hauling for the City of Wayzata. The City of Wayzata recommends them highly. A a .:: ":.",tv f. 1'�.. r7r ••r t! a:.:�P,S nc! I sv ";nate on the Ns .t (;1 ra i;e rv: , r na! or, a ong or , ard .a( C @.". 4'.:f-, t These bids our good for 3 years. Hennepin County was very satisfied with the out come of these proposals Our next project in the Joint Powers Agreement is to find a company or maybe contract with Knutson Services to do the businesses and apartment complexes for the 7 cities. We will also be putting out a brouchure for everyone to use before Knutson starts in January. • v 13 r5 : • s r • The Cities reserve the right to enter into a contract with other than the lowest bidder. The Cities reserve the right to waive minor irregularities in the proposal documents and to reject proposals deemed not acceptable. The Cities maintain the right to further negotiate with proposers regarding any issues related to this proposal. I "i . I M A; . Materials to be Collected The contractor will collect the following recyclable materials, placed by the homeowner in or near a container placed at curbside or in sole cases in an alleyway, assuming the specified preparation of materials: Newspaper - including all advertising supplements contained in a daily newspaper and Sunday edition placed in a bag or bundled in or alongside the container. Glass - mixed clear, brown and green glass food and beverage containera with lids and labels placed in a bag in the container. Cans - unsorted aluminum, steel, tin and bi -metal cans with laioels placed in a bag in the container. Plastics - unsorted plastic bottles including all bottles coded 1 (PETE), 2 (HDPE), 3 (PVC) or 5 (PP) with lablea and plastic or metal lids placed in a bag in the container. Corrugated Cardboard - broken down and placed in or next to the container. Cities reserve the right to add mixed paper to collections no later than January . 1 1992 or when markets for the materials exist. red recyclables, recyclables not reasonably free of food, dirt or improperly preps ecyc ecyc Y other contaminants, should be collected and education tag left in the container to remind the resident of proper procedures for preparing recyclables. materials other than those specified above can be left in the container along with education tag identifying that material is not being collected in this program. mpg artinq seguirements; o :fie contractor must provide certified weight receipts for all materials collected within 15 days of the end of the month for the previous month. if each material is not weighed separately the contractor must indicate the procedure that will be used to determine individual material breakdowns. o The Contractor im st report, by individual materials and amounts, where materials are delivered for recycling. If that entity is a broker only, then the Ccatrtactor must report what end market the broker used. Summaries by brokers and end markets mat be provided within 15 days of the end of the month for the previous month. Brokers or recyclable processors receiving materails from these curbside programs must be licensed ore registered with Hennepin County. o Click counts of all households placing recyclables out for collection during the months of May and October must he reported within 15 days of the end of the respective months. equipment Acquirements o The Contractor must obtain a recycling license from the County for each recycling vehicle or trailer. o - All vehicles must be maintained in proper working condition and be available for inspection by the Cities and Hennepin County. vehicles should be equipped with warning flashers, alarms to indicate movement in reverse, a broom and shovel for spills and the Contractor's ramie and telephone mober prominently displayed an both sides. laaterial Vialue$ and Mounts All proposers should base proposals an the following market values for each of the materials. I* following amounts of materials are based on prevoius histories and estimates made from pilot programs. .7 If a market price charges signifincantly the Cities reserve the right to retain a portion of additional revenues earned or negotiate a lower collection price. Mmaber of eou sebolds - urbside with container placed at curb frnry :3,680 single family through eight -plex households and 1,559 larger than eight -plex households. Proposer should state method for collecting from multifamily. A breakdown of households by city is contained in Attachment A along with a map of each of On cities. 0 Contract Dates Quantity Market Price Material per Month per qbn Newspaper 170 tons $0 Cardboard 47 tons $10 Glass 32 tons $50 Steel, Bi- distal aaW Tin Cans 21 tons $40 Aluminum Cans 5 tons $800 Plastic tons $100 If a market price charges signifincantly the Cities reserve the right to retain a portion of additional revenues earned or negotiate a lower collection price. Mmaber of eou sebolds - urbside with container placed at curb frnry :3,680 single family through eight -plex households and 1,559 larger than eight -plex households. Proposer should state method for collecting from multifamily. A breakdown of households by city is contained in Attachment A along with a map of each of On cities. 0 Contract Dates f ` contracts will coke January 1, 1991, with the exception of Wayzata which will begin January 31, 1991, and will expire December 31, M. It al Potion— Qne a Proposers should assume weekly collection. Alt_ermtive A: o Cities retain ownership of all plastics and half of newsprint collected and proposer must deliver materials to Brooklyn Park Transfer Station or a point within 25 wiles of the farthest City Hail. Alternative e: o dities retain ownership of all materials collected and proposer must deliver to Brooklyn Park Transfer Station or a point within 25 miles of the farthest City Hall. � : o Proposers should assume every other week collection. Alternative A: o Cities retain ownership of all plastics and half of newspaper collected and proposer not deliver materials to SP Transfer Station or a point within 25 miles of the farthest City Hall. Alternative B: o Cities retain owonrship of all materials and proposer must deliver materials to the BP Transfet Station or a point within 25 miles of the farthest City Hall. • • September 12, 1990 SPRING PARK - Kouseholds - 275 Apartments - 662 Units (13 Buildings) Every other week pickup Minnetrista - Households - 1261 No Apartments Every other week, would like bid also for weekly Mound - Households - 3156 Apartments - 683 units, every other week pickup Business - 5 Wayzata 3/ Households - 1093 Apartments - Woodland l Households - 186 No Apartments Indepehdence - Households - 924 No Apartments L<►n8 Lake - Households 664 Apartments - 114 units Loretto - Households - 118 Apartments - 13 units Orono - Households - 2,677 Medina - Households - 1036 Apartments - 6 units Maple Plain - Households - 1 j /pv Apartments - 181 units Medina - Households - 1030 Apartments - 6 units Total households without Maple Plain is 11,390 Apartment Units - 1,659 without Wayzata, _ r w • a September 27, 1990 Ms. Joyce Nelson City of Mound 5341 Maywood Road Mound Minnesota 55364 Dear Ms. Nelson: Many cities in the western part of Hennepin County have contracts for recycling services that expire December of this year. recycling costs have tended to be higher in these cities because of the fewer number of households on the collection route and low housing density. Consequently, the County's newly adopted recycling funding policy reauires cities with less than 30,000 population to work together in To address this issue Hennepin County is assisting these cities in contracting for recycling collection services. The purpose of this assistance is to keep recycling collection casts dam by providing a recycler with a sufficient number of households to optimize collection efficiencies. The County believes that by working together, additional materials, such as plastics, can be added without a substantial increase in cost. It will &lso permit the County to develop a standardized promotion and education program to residents about plastic recycling for use by each city. The County will assist cities in preparing a single request for proposals (RFP) for recycling services in all these cities. The RFP will identify the number of households for collection, expected tonnages, participation rate, and the types of materials to be collected, (including plastics). Tto RFP will permit the proposer to establish the most efficient collection routes. The RFP will look at the cost of three -year and five -year contracts. HENNEPIN COUNTY PRINTED ON RECYCLED PAPER ft. Joyce Nelson September 27, 1990 page 2 7b make the proposal work, we will need the cooperation and comitment of each city to participate in the RrP and sign a contract with the selected proposer based on the scope of services in the RFP. If a city were to drop out after proposals were submitted, it could adversely affect the collection routes, and hence, the proposer's price for recycling services. It should also be understood that collection routes may overlap one or more cities on a given day in the proposer's effort to optimise collection routes. I am very excited about working with the recycling coordinators from each city an this project. The coordinators and I will met with potential recycling contractors in October and responses will be due in early November so that a decision can be made and contracts signed by late November or early December. Sincerely, A Carl Michaud Recycling Coordinator 0 CM:lh cc: Janet Leick is v 171 November 7, 1990 MINUTES - MOUND CITY COUNCIL - SPECIAL MEETING Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of &%und, Hennepin County, Minnesota, tlas held at 5341 Maywood Road, in said City on November 7, 1950, at 7 :30 P.M. Councilmember Phyllis Jessen was late arriving. The Mayor opened the meeting. The City Election results were presented to the Canvassing Board for their approval. The result were as follows: MAYOR (two year term) •i Kerry Amundson 785 Skip Johnson 1,996 Write -In Bob Polston 766 CttYCILMEMBERB (2 elected. each 4 year term) Doug Eaton 1,074 Liz Jensen 2,287 Cynthia Smith 1,578 Ken Smith 1,646 The following were declared the winners: Skip Johnson, Mayor Elect (two year term) Liz Jensen, Councilmember Elect (four year term) Ken Smith, Councilmember Elect (four year term) Ahrens mowed and Jensen seconded the following resolution: RESOLUTION #88-134 RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION AS PRESENTED AT THE CANVASS OF VOTES OF THE NOVEMBER 6, 1990, GENERAL ELECTION The vote was 4 in favor, with Councilmember Jessen absent. Motion carried. MOTION made by Ahrens, seconded by Johnson to adjourn at 7:35 P.M. The vote was 4 in favor, with Councilmember Jessen absent. Motion carried. Edward J. Shukle, City Manager Fran Clark, CMC, City Clerk 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 5449511 EMERGENCY 911 TO: Ed Shukle FROM: Len Harrell SUBJECT: Monthly Report I. STATISTICS for October, 1990 The police department responded to 676 calls for serv- ice during the month of October. There were 16 Part I offenses reported. Those offenses included 1 criminal sexual conduct, 3 burglaries, 10 larcenies, and 2 vehicle thefts. There were 42 Part II offenses reported. Those of- fenses included 2 child abuse /neglect, 1 forgery, 6 damage to property, 2 liquor law violations, 8 DWI's, 5 simple assaults, 6 domestics (4 with assaults) , 3 harassments, 5 juvenile status offenses, and 4 other offenses. The patrol division issued 131 adult citations and 6 juvenile citations. Parking violations accounted for an additional 11 tickets. Warnings were issued to 29 individuals for a variety of violations. There were 3 adults and 2 juveniles arrested for felonies. There were 18 adults and 5 juveniles ar- rested for misdemeanors. There were ar additional 7 warrant arrests. The department assisted in 10 vehicular accidents, one with injuries. There were 30 medical emErgencies and 69 animal complaints. Mound assisted other agencies on 17 occasions in October and requested aasistance two times. Property valued at $15,027 was stolen and $11,648 was recovered in October. 0 1 • HOUND POLICE DEPARTMENT MONTHLY REPORT - OCTOBER, 1990 "Case Studies of Police Decision Making" "Managing for Excellence: Bringing Quality Improvements" "Disaster Preparedness" "Creating and Selling a Convincing Budget" "The Empowered Police Department: Employee Involvement" "First Amendment Considerations in Police Management" "Building Integrity and Reducing Corruption" I also attended the general assembles that included law enforcement speakers from Denmark, Chile', and Canada. I also traveled to Florida, at no expense to the city, and judged the United States Police Canine Assoc. Na!ional Competition involving 160 of the top police canines in North America. I also attended meetings in- volving police canine. • • IV. Police Reserves The reserves donated 172.5 hours of time to the depart- ment and community in October. The reserves continue to work the athletic events for the school district and were -involved in several emergency transports. 3 1 OCTOBER, 1990 t ' x OFFENSES CLEARED EXCEPT. CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT imalitE EL T.1 CRIMES Roeicide 0 0 0 0 0 0 Criminal Smet Condit 1 0 1 0 0 0 fthbai V 0 0 0 0 0 0 AWavoted Assaoit 0 0 0 0 0 0 "Iery 3 1 0 0 0 0 LWCWW 10 0 1 2 2 2 Volmicie Theft 2 0 1 1 1 0 Arson 0 0 0 0 0 0 TOTAL 16 1 3 3 3 2 Hai It CRIMES Chi td Abise/Neylect 2 0 1 0 0 0 forfery/NSF Checks 1 0 1 0 0 0 C:'hdr*l gemW to P.aperty 6 0 1 0 0 0 �ieIf o 0 0 0 0 0 0 Narcotics 0 0 0 0 0 0 Liquor Laws 2 0 0 2 5 0 l Sa iple Assault S S 0 0 0 0 a 2 0 2 2 0 Domestic Assault L 0 2 2 2 0 Domestic (00 Assault) 2 0 0 0 0 0 lbrestaam 3 0 0 1 1 0 Juvenile Status Offenses s 0 0 G 0 Public Pace 1 0 0 1 0 G 1 Trespassing 0 0 0 0 0 0 All Other Offenses 3 0 1 0 0 0 TOTAL 42 0 5 21 10 5 PART 111 6 PART IV Property DaesOe Accidents 9 ►trsonal Injury Accidents 1 fatat Accidents 0 Medicals 30 Anteol Capiaints 69 Mutual Aid 16 Other General Inrestigatians Gat TOTAL 612 N01. in County Child Protection 3 CNIPS 3 TOTAL 676 1 8 24 21 7 1 MONTHLY PROPERTY LOSS /RECOVERY SUMMARY OCTOBER, 1990 STOLEN RECOVERED Bikes $ 279 $ 150 Snowmobiles 0 0 Boats, Motors, Trailers 0 0 Clothing 25 25 Currency, Notes, Etc. 4,509 4,109 Jewelry & Precious Metals 7 7 Guns 0 0 Home Furnishings 0 0 Radio & Electronic Equipment 400 0 Vehicles & Vehicle Equipment 9,420 7,320 Miscellaneous 387 37 TOTAL $15,027 $11,648 1 • • n C7 MOUND POLICE DEPARTMENT MONTHLY REPORT OCTOBER, 1990 CITATIONS ADULT DWI 8 0 More than .101 BAC 5 0 Careless /Reckless Driving 1 0 Driving After Susp. or Rev. 6 0 Open Bottle 1 0 Speeding 65 5 No DL or Expired DL 1 1 Restriction on DL 2 0 Improper, Expire9, or No Plates 23 0 Illegal Passing 1 0 Stop Sign Violations 3 0 Failure to Yield 0 0 Equipment Violations 0 0 H &R Leaving the Scene 0 0 No Insurance 0 0 Illegal or Unsafe Turn 0 0 Over the Centerline 0 0 Parking Violations 11 0 Crosswalk 2 0 Dog Ordinances 0 0 Derelict Autos 0 0 Seat Belt 7 0 MV /ATV 0 0 Miszellaneous Tags § .�0 TOTAL 142 6 h i 9i MOUND POLICE DEPARTMENT MONTHLY REPORT OCTOBER, 1990 Nos A DULT JUV No Insurance 12 0 Traffic 2 0 Equipment li 2 Crosswalk o 0 Animals i o Trash /Derelict Autos 0 0 Seat Belt 0 0 Trespassing 0 0 Miscellaneous 1 o TOTAL 27 2 AUE STS Felony Warrants 0 0 Misdemeanor Warrants 7 0 • RIM: 31 -MY -90 CFS03 lay ISN'S OILY? ND ACTIVITY CODES: ALL ACT CODE ACTIViTI DESCRIPTION 09000 SPEEDING 09001 J- SPEEDING 09002 NO D /L, EXPIRED D/L 0'003 J-NO D /L, EXPIRED D/L 05004 RESTRICTED D/L 09006 TEST REFLGAL 09004 J- ILLEGAL PASSING BAC OVER .10 09012 OPEN BOTTLE 09014 STOP SIGN 09020 CARELESS /RECKLESS 09023 J-EXHIBITION DRIVING 09030 CROSSWALK VIOLATION 09038 ALL OTHER TRAFFIC 09040 NO SEATBELT 09100 PARKING /ALL OTHER 09150 NO TRAILER PARKING 04200 DAS /DAR /DAC 04210 PLATES /NO- IPPROPER- EXPIRED 09312 FOUND ANIMALS /IPFUD5 *FOlUND PROPERTY 09314 FOLND VEHICLES/IMMINDED 09430 PERSONAL MOT ACCIDENTS INSTALLAi10N NAME -- MDUD POLICE DEPARTMENT PAGE i t###j# ENFORS CANS FOR SERVICE ACTIVITY AWILYSIS BY PATROL AREA 09/26/90 THRU 10/25/90 -- - - - - - - - - - PATROL AREAS---------- - 10 20 30 40 50 60 70 80 90 TOTAL 23 9 4 10 19 1 2 2 1 1 1 1 2 1 1 1 2 1 3 1 1 1 1 1 1 2 1 2 2 3 1 1 6 2 2 2 3 3 6 7 4 1 5 3 1 1 1 3 1 65 5 1 1 2 3 1 5 1 3 1 1 2 2 7 10 1 6 23 6 9 1 1 Ault 31-MT -90 INSTALLATION WE -- an POLICE DEPARTMENT PAGE 2 + CFS03 PRIMARY ISN'S ONLY? NO E N F O R S ACTIVITY CODES: ALL CALLS FOR SERVICi ACTIVITY ANALYSIS 81 PATROL AREA 09/26/90 THRU 10/25/90 ACT CODE ACTIVITY DESCRIPTION -- - - - - - - - - - PATROL AREAS - - - - - - - - - - - 10 20 30 40 50 60 70 80 90 TOTAL 09450 PROPERTY DAMAGE ACCIDENTS 2 5 1 1 9 09451 H/R PROPERTY DAMAGE ACC. 1 2 3 09562 CAT BITES , 1 09563 DUG AT LARGE 1 1 09710 ATTEMPTED SUICIOF 2 2 09730 MEDICALS 4 9 6 3 2 24 09731 DETOX- MEDICALS 1 2 1 4 09801 O@ESTIC /NO ASSAULT 2 2 09400 ALL HCCP CASES 2 1 3 09913 CHIPS 3 3 (X9944 UNWANTED GUEST 1 I 09945 SUSPICIL"JS PERSON 1 1 09950 INTELLIGENCE 1 1 09980 WARRANTS 2 1 3 1 7 49992 MUTUAL AID /8100 1 9 1 11 09593 MUTUAL AID /6500 3 3 09994 MUTUAL AID / ALL OTHER 2 a A5351 ASLT 5-INFLICTS ATTEMPTS HRM•WNDS -ADLT -FAIL 1 3 4 A5352 ASLT 5- INFLICTS ATTEMPTS HRM- HANDS AOLT -ACG 1 1 2 A5354 ASLT 5- INFLI:#S ATTEMPTS HRM- HANDS-DU -FAM AM ASLT 5-INFLICTS ATTEMPTS HRM- HANDS-CHLO-ACQ 2 1 2 I AM ASLT 5- INFLICTS ATTEMPTS HRM- HANDS- DU-STR 1 I A5357 ASLT 5- INFLICTS ATTEMPTS HRM- HANDS - POLICE 1 1 AUk 31- OCT -90 CFS03 a t IBM'S COLT? NO ACTIVITY CODES: ALL INSTALLATION WE -- MOUND POLICE DEPARTMENT t f t t f f ENFORS CALLS FOR SERVICE ACTIVITT ANALYSIS BY PATROL AREA 09/26/90 THRU 10/25/90 ACT CODE ACTIVITY DESCRIPTION 80494 8U GrU W DEG -U1OCC RES NO FRC -U-UN NEAP -THEFT B3494 BURG 3-UNOCC FES NO FRC -U -UNK NEAP -COM THEFT 84060 BURG 4 -AT FRC NtES -N-UNK NEAP -UK ACT J-)500 TRAFFIC-GM -DRIVE UNDER INFLUENCE OF LIQIUlft J2700 TRAF- ACCID- OM-AGGRAWMTED VIOLATION J3500 TRAF - ACCID -MS -DRIVE UNDER INFLUENCE OF LIGIIOR L1041 CSC 1-UNC ACT-OTH FAN -UNDER 13-F 0 JUVENILE- HABITUAL TRUANT M4199 LIQUOR - OTHER M5313 JUVENILE -CU IM M5350 RUNAWAY N3030 DISTURB PEACE- MS-DISORDEKLY CONDUCT N3190 DISTURB PEACE- MS- IIARRASSING COMMUNICATIONS 03N2 OBSENITY -MS- OBSCENE PHONE CAIt -ADULT P3110 PROP DAMAGE- MS-PRIVATE-UNK INTENT P3600 LITTER- UNLAiFII DEPOSIT OF GARBAGE -MS T2021 THEFT- 6251- $2500-FE-FRM BUILDING -MONET T2059 THEFT - 6251-62500- FE-FRM TARN -0TH PROP T2159 THEFT -$251- 62500- FE -FRM MOTOR VEHICLE -0TH PROP T4029 THEFT -$250 LESS- MS -FRM BUILDING-OTH PROP 0 THEFT -6250 LESS- MS -FRM YARDS -0TH PROP T4159 THEFI -6250 LESS - MIS -FRM MOTOR VEHICLE -0TH PROP U3012 THEFT-MS -BY CHEUX 42501-619999 PAGE 3 -- - - - - - - - - PATROL AREAS ---- - - - - -- 10 26 30 40 50 60 70 BO 90 TOTAL. i ! ! 1 ! 1 1 1 1 3 1 ! 1 2 1 4 1 1 3 3 1 1 2 1 1 1 1 1 1 1 1 2 L 1 4 1 1 6 1 1 ' t I 1 RU* 31 -QT -90 CFS03 PRIKMY ISM'S IDLY? NO ACTIVITY COPES: ALL ACT CODE ACTIVITY DESCRIPTION INSTALLATION NINE -- NOUND POLICE M MTIDff PAM 4 - �00f0# ENFORS CALLS FOR SERVICE ACTIVITY ANALYSIS BY PATROL AREA 09/26/90 TNRU 10/2`/90 U3288 TNEFT- MIS- SIIDPLIFTING - s200 OR LESS U34" T07 -NS- BICYCLE -NO ROTOR -5200 UI LESS V1021 YEN THEFT -FE -OVER 52500 -AUTO V2021 VEN THEFT- FE425142500 -AUTO X3000 CRIN AGNST AOIN JJST LEGAL PROCESS REPORT TOTALS: -- - - - - - - - - - PATROLAREAS - - - - - - - - - - - 10 20 30 40 50 60 70 80 90 TOTAL • • 2 2 2 2 1 1 1 1 1 1 57 37 50 49 74 2 7 11 3 290 • • AW *. 31-OCT -40 INSTALLATION NAME -- WUND POLICE DEPARTMENT FNE i OFF01 + s f f r s Y IS I'S Ol<LY7 NO E N f O R S 1TION CODES: ALL ACTIVITY CODES: ALL OFFENSE ACTIVITY BY 019MITION floc ALL 09/26/90 INN 10/25/40 ACTIVITY CODE/ OFFENSES /---------- - - - - -- OFFENSES CLEARED ------------ - - - - -/ DESCRIPTION REPORTED INFOUNO0 ACTUAL OFFENSES PENDING ----------------------------------------------------------------------------- - - - -BY ARREST - - -- ADULT JUVENILE BY EXCEPTION TOTAL CLEARED PERCENT CLEARED fail 4 ASLT 5- INFLICTS ATTEWTS HRM- HMOIS- AOLT -FAM 0 4 0 2 0 2 4 100.0 AM 1 ASLT 5- INFLICTS ATTEMPTS HRM-WAX- ADLT -ACQ 0 2 1 1 0 0 1 50.0 AS`s 2 ASLT 5- INFLICTS ATTEMPTS WM -HANDS- CHLD -FAM 0 2 1 1 0 0 1 50.0 ASM 1 ASLT 5- INFLICTS ATTEMPTS HRM- WINDS- CH.D-AM 0 1 1 0 AM 1 5- INFLICTS ATTEMPTS HMJi FHANDS-CHLD -STR 0 1 1 0 0 1 ASLT 5-INFLICTS ATTEMPTS HRM- HANDS- POLICE 0 1 0 1 0 0 1 100.0 90494 1 BURG-U W DEG -UNOCC RES NO FRC -U-UN HEAP -THEFT 1 0 0 0 0 M94 1 BURG 3 -UYOCC RES NO FRC -U-UW HEAP -COM THEFT 0 1 1 0 0 B4060 1 BURG 4 -AT FRC NRES -N -LW iEAP -UNC ACT 0 1 1 0 0 J2S00 3 TRAFFIC-GM -DRIVE RIDER INFLUENCE OF LIQUOR 0 3 0 3 0 0 3 100,0 1 TRAF -GM- AGGRAVATED VIOLATION 0 1 0 1 0 0 1 100.0 J35W4 4 TRAF- ACCID-fiS -DRIVE UNDER INFLUENCE OF LIQUOR 0 4 0 4 0 0 4 100.0 L1041 1 CSC 1 -UN; ACT -0TH FAM -UNDER 13 -F 0 1 0 0 0 1 1 100.0 3 *LE-HABITUAL 0 3 0 0 3 0 3 100.0 TRUANT M4199 2 LIQUOR - OTHER 0 2 0 2 0 0 2 100.0 RUN: 31- OCT -90 INSTALLATION WE -- MOUND POLICE DEWTHENi PAM Y OFF01 f * • f • PRINwIT ISN'S OLT? ND E N F O R S DISPOSITION CODES: ALL ACTIVITY CODES: ALL O7ENSE ACTIVITY IT DISPOSITION GRID: ALL 09/26/90 THT11 10/25190 ACTIVITY CODE/ OFFENSES ACTUAL /---------- - - - - -- OFFENSES CLEARED ------------ - - - - -/ - - - -BY ARREST - - -- BY TOTAL PANT OEWUPTION REPOTTED - -- - ------------------------------------------------------------------------------------------------- UNFOUNDED OFFENSES PENDING ADULT JK NILE EXCEPTION CLEARED CLEARED M5313 1 alVENILE-CU FEN 0 1 0 0 1 0 1 100.0 M5350 1 RU111W 0 1 1 0 0 0 J .0 X30 1 0 1 0 0 1 0 1 100.0 DISM PEACE-MS- DISORDERLY CONDUCT M 3100 2 0 2 1 1 0 0 1 50.0 DISTLFA PEACE- MS- HAARASSING COMMUNICATIONS Om 1 0 1 1 0 0 0 0 OWaTT- MS-OBSCENE PHONE CALL -ADULT .0 0 P3110 6 0 6 5 0 0 1 1 16.6 PROP DAMAGE -MS- PRIVATE -UNK INTENT P36M 1 0 1 0 0 0 1 1 100.0 LITTER - UNLAWFUL DEPOSIT OF GARBAGE -MS T2021 1 0 1 1 0 0 0 0 .0 THEFT -1251- 12500- FE -FAM BUILDING -MONEY T2059 1 0 1 1 0 0 0 TFEF7 -1251- 12500- FE -FRM YARDS -OTH PROP .0 T2159 1 0 1 1 0 0 0 0 .0 THEFT 125142500- FE -FRM MOTOR VEHICLE-OTH PROP T402 1 0 1 1 0 0 0 0 .0 THEFT 4250 LESS- MS -FRM BUILDING -0TH PROP Tom' 1 0 1 1 0 0 0 0 .0 THEFT4250 LESS- MS -FRM YARDS -0TH PROP T4159 1 0 1 0 0 0 1 1 100.0 THEFT -1250 LESS -MS -FRM MOTOR VEHICLE-07h PROP U3012 1 0 1 0 0 0 1 1 100.0 THEFT -HS -BY CHECK- :2501 - 119999 L-Ts 2 0 2 0 0 2 0 2 100.0 THEFT- MIS - SHOPLIFTING - 1200 OR LESS am 31 INSTA INI 1011 NAME -- CA POLICE DEPARTIENT PAM 3 OFF01 ;0#### f r ISN'S ON-Y? NO E N F O R S SITION CODES' ALL ACTIVITY CODES: ALL OFFENSE ACTIVITY BY DISPOSITION GRID: ALL 04/26/90 TFf1 10!25/90 ACTIVITY CODE/ /---------- - - - - -- OFFENSES CLEARED ---------- - - - - -- / OFFENSES ACTU;L ----BY ARREST - - -- by TOTAL PERCENT DESCRIPTION REPORTED UNFOUNDED OFFENSES PENDING ADULT aNENILI_ EXCEPTION CLEARED MENU ---------------------------------------------------------------------- - - - - -- U3490 2 T►UT -MS- BICYCLE -NO IDTOR42 * OR LESS V1021 1 VEH T1EFT -FE -OVER 52500 -AUTO X204 1 VEN THEFT - FE425142500 -AUTO X30A0 1 CRIN AGNST ADM JUST- HS-OBST LEGAL PROCESS REPORT TOTALS - 5; 0 2 2 0 0 0 0 .0 0 1 0 1 0 0 1 100.0 0 1 0 0 0 1 1 100.0 0 1 I 0 0 0 0 .0 1 54 22 17 7 8 32 5412 Ev MOUND POLICE RESERVES MONTNtY NOUNS OCTOBER, 1990 BADGE 0 1 4 s 10 11 12 13 14 16 17 23 28 56 S9 57 se TOTAL TAI S Al Nelson R16 Hawks ROTA Training - Canine R6 Fleming EMER RES. CONN N/f TRAIN INSTR RIDE MEET C/0 SQUAD SERV BALL ING TION ALOWG ADMIN ING - 3.0 - - 7.0 - - 20.0 - 3.5 2.5 4.5 3.0 - - 44.S M. Yalstrcm 1.5 1,.5 8.0 4.0 2.0 - 7.0 4.0 - ' - 3.0 ' - 4.0 1.0 - 4.5 2.0 3.5 13.5 - 2.0 1.5 1.0 - ' 5.5 6.0 • TOTAL 30.0 58.0 37.0 0 0 0 0 3.0 5.0 0 C 6.5 1 0 0 tt.5 8.5 16.0 30.5 21.5 17.0 1.0 53.0 25.0 0 172.5 MONTNIy A CTIVITIES OLL Marathon Al Nelson R16 Hawks ROTA Training - Canine R6 Fleming R17 Kohman Dance RS Fox R23 Vogel Garage Sate - Plywtoyth R10 Swanson R28 Geyen CPR St R12 Shell R56 Fox, K. Reserve Squad R14 Zuccaro R59 Jazowski In Training M. Yalstrcm • 1 • CJ 0 NOUND POLICE RESERVES SEVERENCE ACCOUNTS OCTOBER, 1990 O FFICER DEPOSIT BALANCE Butch Nawks S 6.50 $460.00 Ruth Vogel 0 498.50 Steve Kohman 0 104.00 Sherry 2uccaro 0 169.00 Dave Netson 0 323.50 Jeff Fleming 13.00 247.00 Makiko Swanson 0 6.50 Toga Geyen 0 104.00 Jim Fox 6.50 175.50 Dawion Shell 0 39.00 Katie Fox 13.00 201.50 Richard Jazowski 0 19.50 TOTALS S 39.00 52,348.0G KF /sh 2 ,,0 /1 November 8, 1990 TO: CITY MANAGER FROM: CITY CLERK RE: OCTOBER MONTHLY REPORT The City Council had 2 regular meetings with 13 resolutions. There was Agenda preparation and items to clear up after each meeting. This was a month of election work. Just as we would finalize the procedures, one of the state candidates would change something which in turn changed the way we handle the election. The fear originally was that a candidate was going to have a write -in campaign using stickers. According to an Attorney General's opinion from back in 1940 stickers are legal. Stickers cannot be used in the Optec Scan machines because they could come off and stick to the read heads of the machine or lodge somewhere else in the machine. This would render the machine inoperable and would need to be repaired, costing the City money and downtime. Finally one candidate withdrew and a ned paper ballot was printed with the correct candidates for Gov. /Lt. Gov. It was too late to reprint all the Optec Scan ballots in the State so we had to go with what we had and cross off that office on the Optec Scan ballot. Another problem was that Absentee Ballots had already been given out for 30 days. We had to count the office of Gov. /Lt. Gov. on those Absentee Ballots by hand as well as all the Supplemental White Paper Ballots. I want the Council to know what an expedient and accurate job the Election Judges did in coming up with results on Election night. I would also like to thank the local candidates for being patient and letting the precincts do the things they had to do to obtain the results for this election and protect the integrity of the election process. 1 3a/S- I also want to thank all of our office staff for their cooperation and help in handling Absentee Ballots and for helping on Election Day. Linda did an extraordinary job throughout both elections. She has done her jobs and helped me with everything that we had to do for this unusual election. Needless to say all the City Clerks and County Auditors will be working to get the Attorney General to rescind the opinion done in the 1940's on stickers because of the new equipment we are using for voting. There were a number of calls on the cemetery, staking for graves, and deaths. There were the usual calls and questions from the public. fc • 3;z/� 2 t:FF) .110( OCTOBER 1990 MONTHLY REPORT PARK DEPARTMENT C �i V Parks Chester Park has seen the most attention this month with the in- stallation of a timber berm for the new play structure. The structure itself will be installed mid - November and will greatly Improve the area. The sod work at Chester will be done first thing next spring. Five trees were planted at Avalon Park and the two benches requested will be installed in the spring. Also, seven trees were planted at City Hall. The City of Mound sign on County Road 15 has been repaired and re- painted. We had some problems with the glue used to bind the boards. The signs were re -cut and a new epoxy glue was used. The deck at the depot was begun and should be completed in mid - November. Docks With Dell Rudolph retiring as the dock °nspector, a new dock in- spector was hired, Tom McCaffery. He will begin in November with the mailing of the 1991 dock applications due out in Januar- Trees Three trees were removed from City property. Cemetery The cemetery has been marked by the Street Department so that graves can be located during the winter. • S.Q / 7 AL \.CITY l �l IN I /�_T'NI ! u.r.. November 2, 1990 TO: Ed Shukle City Manager FROM: Geno Hoff Street Supt. SUBJECT: October's Activity Report We spent about three days working around the City Hall project. We had a half dozen trees to take down plus digging out stumps. We removed 30 of curb and 20' of sidewalk and hauled it to Mayer. There was a pile of dirt at the northwest corner of the parking lot that would be in the way for snowplowing, so we hauled it to the stcck pile. (about 25 loads) The 4th was cleanup day for the Public Works Facility. We took all of the equipment out of the garages and the shop, then hand swepted and washed the entire area including the parking lot. At the end of the day you could eat off the floor, just about. The 8th and 9th we started work on the Christmas lights and ornaments, it takes a couple of days to repair everything. We replace light bulbs, sockets, fuses, plug -ins and tie straps. We also replaced 4 extens.on cords and 35 strings of lights. The cost for repairs and replacement this year will run close to $1,000. We put up the white lights the week of the 22nd and will hang the ornaments the first part of November. We had the street sweepers out for 5 days cleaning up leaves. We did about half the city when we had to quit and go to work on our snow removal equipment. SIGN WORK We repainted the crosswalks at Lakewood and Wilshire. Put up 1 - Stop, 1 No Dumping, 1 - Handicap. CEME I'ERY Staked out 3 graves and 2 markers. We also staked the ccmetcr with lath ;o we can locate the grave markers in the winter time. n .7 • 3AH 11 November 1, 1990 CAFFN " of N 1()[. 'NI ) TO: Ed Shukle City Manager FROM: Greg Bergquist Mechanic SUBJECT: Oct POLICE DEPT. Unit 840 Unit 841 Unit 842 Unit 843 Unit 844 Unit 846 Unit 6460 SEWER & WATER Dber's Activity Report - 90 Pontiac needed service and marker light repai -. - 89 Pontiac replaced a front wheel bearing assembly, :ne motor mount and service - 88 Cher. front brake including one new rotor, alterna,or, two new batteries, a new insir', door handle and service - 90 Pontiac flat front tire. - 88 Chev light bar light - 89 Pontiac flat rear tire. - 84 Chev. 5 -10 water pump repair, emergency brake rr7,ir wiper blades. Unit #3 - 87 Chev. 4X4, service, transmission filter and fluid, four new tiref and front -end alignment. Unit #9 - 85 Chev. 3/4 Ton Pickup, repaired damaged left rrrir lity box, installed two new tail lights. Unit #11 - 87 Chev. Pickup, new strobe light :i:d service Unit #15 - 73 Chev. Dump, serviced and winterized for the w:it :ire 'weak season. Jnit 916 - 75 Ford Dump, serviced and winterized Unit -03 - 87 Pontiac, staff car, new ignitinn (.nil. 32 .'9 STREETS Unit #8 - 85 Ford Dump, serviced and installed a new exhaust system. This again is the time of the year we mounted all the snow removal equipment on to the trucks, plows, wings and sanders, etc. In an attempt to keep the sand in the bin we installed a silt fence around the top of it. i s CJ 3 0 9RO r�M AL t,ITY (A N IOt , NI November 8, 1990 TO: Ed Shukle City Manager FROM: Joyce Nelson Recycling Coordinator SUBJECT: October's Recycling We've had 4 winners in the Recyclotto and there seems to b alot of interest in it. The bid opening for the .joint Powers Agreement was Monday, November 5, 1990. On November 9 we are meetirg to discuss these bids. The bids did come in lower than what we are paying now. I hope to be able to give you the final outcome on Tuesday. If you receive any comments on what type of plastic we will be picking up next year, just say any bot'.le plastic, we will not be going with the numbers on the bottom of the plastic item. The bottle plastic includes laundry bottles, dish soap bottles, food bottles, milk and pop bottles, even bottles like windshield solvents and oil bottles. This covers a great deal of the plastic bottles out there. The plastic not going to be picked up will be container plastic, like peanut bunter jars, ice cram pails, margarine containers, yogurt containers. The key to knowing is did it come in a bottle or a containter. Tonnage for October was 62.78 tuns with 7,312 households participating with 59.4 % of the households recycling. • 3 2.21 _Z CITY November 8, 1990 TO: Ed Shukle City Manager FROM: Greg Skinner Water & Sewer Supt. SUBJECT: October's Activity Report In October we pumped 22,674,000 gallons of water. There were 5 T —offs for non — payment. The motor for Well #6 has been pulled for repairs. Estimated cost was $3,800. This will be back in service in November. We received the final report from Nova Environment Inc. regarding the ground contamination 0 from our fuel tank at the old Public Works building. When we approve the report it will be sent to the MPCA for their approval. The Sewer Dept. has finished wet well flushing and filter maintenance. We are already for winter now. Progress has been very slow on our lift station upgrades. The reason for this is the pump manufacture has not delivered the pump or contral panel to the distributor yet. We are hopefcl that this will be,resolved soon. We had 3 new hanger heaters installed at the Public Works. While checking these heaters out before the cold weather arrived we noticed cracks in the heat exchanges of '! uni s and cracks in the burners of 1 unit. We had Smith and ESC ' ?e,i:.ing check them out. Both receommended that they all be replaced. Smith Hcating replaced all 3 units for $2,500. s 1 3 as a. AL • ( TF)" of Nlk )t'Nl) November 8, 1990 TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM: JOHN NORMAN, FINANCE DIRECTOR T� ra RE: OCTOBER FINANCIAL REPORT OCTOBER 1 NVESTMENTq Balance 10 -1 -90 Matured: CP 8. SHEARSON CP 8.05 SHEARSON CP 8.45 SHEARSON Balance October ;, 1990 RoAr $7,700,109 (220,161) ( 99,072) -C 143,8 $7,237,019 • W have had our present computer system since mid 1987. The hardware is a Texas instruments 675 mini - computer system. The hardware has been very reliable, with no significant downtime in the past three years. We have the following software programs installed on our computer system: payroll, fund accounting, utility billing, special assessments and the police package ENFORS. We are coming close to using the full storage capacity of our present computer system. We have begun exploring alternatives to the computer needs of the City. The computer industry is rapidly changing and our present system is outdated and has been replaced by a newer, faster and less expensive system. The new generation computer system is called a UNIX operating system, a system that has become an industry standard and a growing power in the marketplace. We will have to make a decision on the future computer needs within the next six months. JN :ls 1 3 a .2 3 ("IT)" of N 100 'N November 2, 1990 TO: MAYOR, CITY MANAGER AND COUNCIL FROM: JOEL KRUMM, LIQUOR STORE MANAGER RE: OCTOBER MONTHLY REPORT 7 ., October turned out to be a decent month, considering the state of the economy. We had about $500 more in sales compared to October Of '89. I personally conversed with several of our customers who were recently laid off. Traditionally, the off sale liquor business will weather a short term recession better than most other businesses. I recall during the early 80's that the liquor store I managed pretty much held its own. There wasn't any growth but we also didn't see a drastic downward spiral either. I suspect that this trend will continue to the end of the year and into the beginning of next year. The new proposed federal excise tax increase which takes effect next year, plus the accelerated cost of living adjustment for 1990 are two separate matters that will affect the average conjumer's buying power which will have to be dealt with and analyzed separately. The World Series, being a flop, didn't help us much last month. Halloween, however, because of the balmy weather, produced a better than expected boost in sales. We did some house cleaning in October. We washed shelves, had our carpet cleaned, winterized things (fixed one of the automatic doors and had our furnace checked out and had a leaky faucet repaired). Other than that, everything went par for the course. We are now gearing up for the holidays, which are just around the corner. JK:? s • 3aay �"n^BEg 1940 DRILLS i !•SAINTe. MICE . FIRE i RESCU)v ME FIGHTERS DATE DATE DRILIS DRILL MAIN. TOTAL NOt1RLY 10/8 10/15 WAGES WAGES $OURS RATE wAEs J. ANDERSEN X' X 2' 19.00 2 28 6,00 C. X E 1 9.50 2 24 6.00 j - AARR X X 144.00 2 19.00 0 33 6 198.00 D. BM X X 2 19.00 '• 6.00 X X 2 7119.0,0 0 34 6.50 221.00 S• X X 2 0 0 14 6.00 84.00 D. C.ARLSON X X 2 1 J. CASEY X E 1 9.50 2 20 6 00 120 X X 2 19.00 4 18 6.00 108.00 X X 2 19.00 2 =, 42 6,00 252.00 R. ENGEwART S. ERIGKSON .00 30 6,00 180.00 P. FTSK X X 2 19.00 4 27 6.00 162.00 J. GARV X X 2 19.00 3%, 20 6.00 120.00 6.00 0 2 34 204.00 P. WRY X X 2 19.00 0 11 6.00 66.00 G. JOHNSON E. LANASMAN X X 2 19.00 4 23 138.W k. MARSCFPRE 6.00 X X 2 19.00 0 20 6.25 125.00 .1. NAFUS 0 2 29 6 174.00 M. NELSON X X 2 19.00 0 _ 22 6.00 132.00 B. N L IM X X 2 19.00 0 16 6. r10 96.00 A. GPL17 2 M. 15 6.00 90.00 P X X 2 19.00 1 24 FOO 44.00 M. PAL 26 56.00 T. PALM X X 2. 19.00 2 29 74.00` G. PEDER "SON X X 2 19.00 4 18 6.00 08.00 T 1 00 2 15 6.00 90.00 M. SAVAGE X X 2 9.00 ilk 22 6 32.00 K. SICPREI.L X X 2 9.00 2 36 6.00 16.00 R X 2 19.00 14 20 6.00 20.00 T. SWENSCN E X 1 9.50 2 16 6.00 96.00 W. SWENSON E E 0 0- 1 20 6.00 R. WILLIMLS 25 T. WILLIA.4S X X 2 9.00 2 20 70 00 31 31 62 589.00 112 %, 14 4,906.00 77 HRH 77 - , M 155 DR L 58 MAINE 1,167.00 4 , MDUND FIRE DEPARTMENT MCNTHLY ACTIVITY R:PORT T HIS LAST THIS Y YEAR MONTH 0v OC TOBER 1990 MONTH nONTN Te R1Tt TA narr t N0. OF CALLS 41 53 409 3 MOUND - FIRE EMERGENCY M'TONKA BEACH - FIRE EMERGENCY 14 22 94 66 14 0 0 20 0 1 150 11 2 122 14 1 MINNETRISTA - FIRE EMERGENCY 2 0 27 16 2 5 30 15 ORONO - FIRE _ EMERGENCY 1 0 26 35 3 1 13 9 SHOREWOOD - FIRE EMERGENCY 0 0 0 1 0 0 1 2 SPRING PARK - FIRE EMERGENCY 5 2 27 22 0 2 26 18 MUTUAL A:D - FIRE EMERGENCY 0 0 1 1 0 22 0 24 0 187 0 151 TOTAL FIRE CALLS TOTAL EMERGENCY CALLS COMMERICAL RESIDENTIAL INDUSTRI AL GRA53 6 MISCELLANEOUS 19 0 8 0 6 29 3 8 0 7 222 12 72 2 58 167 15 59 5 38 a 2 0 15 22 FALSE ALARM 6 6 26 11 NO. 0 HOURS - MOUND FIRE EMERGENCY TOTAL - MTKA BCH FIRE EMERGENCY TOV.l - M'TRISTA FIRE EMERGENCY TOTAL 243 235 478 648 - 387 1035 2324 2797 5121 1413 2251 3664 298 � ll 1 300 309 90 0 655 608 49 118 641 280 139 118 1296 8 - ORONO FIRE EMERGENCY TOTAL - SHOREWOOD FIRE EMERGENCY TOTAL 26 0 72I 1020 95 16 293 186 121 16 1014 1206 i 0 0 0 21 0 0 12 29 0 0 12 50 -SP, PARK FIRE EMERGENCY TOTAL 76 45 651 449 0 40 502 2 76 85 11 744 - MUTUAL AID FIRE EMERGENCY TOTAL 0 0 91 87 0 87 TOTAL DRILL HOURS 155 165 1554 1625 TOTAL EM HOURS ti]y __ - 4335 -- 58 693 a � 8 4 7!;7 3052 3896 �- TOTAL F ! Pr u',URS -- - — TOTAL %E L EMERGENCY HOUR 814 I 175 8 987 6048 — r - L 41 C DECEIVED 4 3 1�.a( DATE • MOL14D FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF OGr. 9 0 MEN ON DUTY • • Y J. J. ANDERSEN 2 G. ANDERSON O J. BABB 3 ya D. BOYD 0 D. BRYCE O S. BRYCE 3 D. CARLSON Y J. CASEY G. S. COLLINS / Z M. DAVID ��- R. rNGELHART .Z S. ERICKSON � a f P. FISK J. GARVAIS 3 K. GRADY a C. HrNDERSON RASMUSSEN P. HENRY G. JOHNSON B. LANDSMAN a R. MARSCHKE Y J. NAFUS ©_ M. NELSON O B. NICCUM y A. OPITZ G. PALM 0 M. PALM T. PA LM � a f G. PEDERSON a T. RASMUSSEN V ZL tt. SAVAGE K. SIPPRELL R. STALLMAN T. SWENSON W. SWENSa °? / a R . WILLIAMS T. WILLIAMS TOTAL MOMMY HOURS I I Z VZ . L a 1 • �� .� : = :Mk,la; J. Andersen G. Anderson ]� J. Babb Z�- D. Boyd ! � D. Bryce i� S. Bryce i D. Carlson J. Casey - )'.L S. Collins �. M. David W/1 R. Engelhart G, Date: / '(1 - S'- /" C� 0 T ime Ti.®.g Discipline and Team work Critique of Fires Pumper Operation Fire Streams & Friction Pre- Plaining and Inspections Loss House Burnings Tools & Apparatus Identifying Natural & Propane Gas Hand Extinguisher Operation talk & Demonstrations Ladder Evolutions Wearing Protective Clothing Salvage Operations _ Films First Aid and Rescue Radio Operations House Evolutions Operation �li� Use of Self - Contained Masks Nozzle & Hose Alliance Inhalator Operation Note: House Training Paid Excused X Unexcused Q Present, Not paid c. -t'�' t- Miscellaneous: `�, �_�, '' ►�, s i ij j e4 r = r _ .r- D R I L L R E P O R T S. Erickson P. Fisk J. Garvais K. Grady P. Henry C. Henderson '— _Gm �T . Hn �'/;.- B. Landsman — T- R. Marschke Vii• J. Nafus D "A . B. Ni.ccum M. Nelson A. opitz G. Palm M. Palm• J' T. Palm �� G. Pederson J'/ T. Rasmussen �� ,. M. Savage K. Sipprell R. Stallman -�C �- T. Swenson W. Swenson R. Willi rillmaster C 3a;�'g :.C" i j 4 i oil • • Date: /6- S - ;� 0 Discipline and Team work Critique of Fires D R I L L R E P O R T Pre - Plaining and Inspections Tools & Apparatus Identifying Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self- Contained Masks Note: Hourse Training Paid Excused _ Unexcused Pumper Operation Fire Streams & Friction Loss House Burnings Natural & Propane Gas talk & Demonstrations Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzle & Hose Alliance Inhalator Operation Q Present, Not paid Time _. °� Miscellaneous _1' ci, Dril • G 3� 3 2.7, ? J. Andersen ��.► M. Nelson ] / G. Anderson :)' /_X. S. Erickson A. Opitz J. Babb 7 //�,- P. Fisk - G. Palm D. D. Eoyd Bryce ? % J. K. Garvais Grady ' //ti M. Palm - % T. Palm S. D. Bryce Carlson P. C. Henry Henderson �!,J. G. Pederson T. Rasmussen J. Casey -.. {s•. setter M. Savage 7/� S. Collins 3�. B. Landsman} K. Sipprell M. David �,�� R. Marschke it R. Stallman R. Engelhart J. Nafus T. Swenson _XLry B. Niccum �c� W. Swenson 3 � " / "" T L_, / /i1 j _ O' er R. Williams Dril • G 3� 3 2.7, ? r _...aam ( ,IT) ( fi N I( A VNI ) MEMORAN DATE: TO: FROM: November 7, 1990 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official SUBJECT: October 1990 Monthly �� Y sport N CONSTRUCTION ACTIVI In October, 25 building permits were issued for a total valuation of $554,495. This valuation is up 25 percent from the month of October 1989. year -to -=date valuation is down 8 percent at this Point compared to last year at this date. There were 23 plumbing, mechanical, and miscellaneous permits issued for a total of 48 permits issued in the month of October. A complete breakdown is attached. This resulted in approximately 68 related inspections by this department (not including inspec- tions by Metro West Inspection Service or our Plumbing Inspector, John Breitner. The old Fina gas station had the underground fuel tanks removed under the supervision of the M.P.C.A. We are expecting a report from the M.P.C.A. regarding the extent of spoiled soil and the corrective measures to be taken. PLANNING/ZONING The Planning Commission and City Council reviewed and acted on several staff recommendations that were prepared by this depart- ment. TRAINiNG_MEETINGS North Star Chapter of Building Officials meeting October 26th, general business meeting. Discussed WCCO I Team investigation of Building Officials, new federal accessibility laws, and engineer- ing required on retaining walls. 0 31230 • I TY I OF "Q'L,ND 5341 Ma)mooi Roaa M% 't,t4l BUILDING ACTIVITY REPORT M,,,N,d OCTOBER Fy 1990 NEW 11111OIN TIA k- CO -1yj 3 3 249,139 10 1 .493 .22,, A" I" Tot&, Fs-Ty U,q, 2�9 39 lb 1 , 4 9 4 2 NEw 1, S" t. Mww Total NomFs-ly NEW NOZRIS3�CNTIALI 7T Tol8l NC-ftaxlemwl LAYD mu%"Al. At) WERAT,ONS 4 2 18 , 740 30 "Q b98,549 0 3 ' j — S decks 5n(I 0S8 8 8 16 5 16 — 5 T ----- ---- t a te' r em o d e l - i09 09 38 -L� 35�,�91 Total Ras'oe'l.ml 292 356 356 200 200 1 283 , 1 1,2 3.14 8 N "N IN App,. 7z; -- "0 Ti0"$10'",-'A'! , 6 "ll 7 on.V Rr tpt. — '_i--� � __ ___ 1 (4 0 , 0C u r u Toll No, o._. 9 C0 To '01A. AN ANQ '(A DATE 15 "T,, 819, `971 7 Total FoEmo' 11'ONS 7 To's 000w,o" -3,;Z-31 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION October 22, 1990 Those present were: Chair Bill Meyer, Vice Chair Geoff Michael, Ccgmmissioners Ken Smith, Bill Thal, Bill Voss, Frank Weiland, and Michael Mueller, Council Representative Liz Jensen, Building Of- f1ci;l Jon Sutherland, and Secretary Peggy James. Jerry Clap- saddle was absent and excused. There were no citizens present. The meeting was called to order at 7:30 p.,r. Minutes MOTION made by Smith, seconded by Mueller to approve the Planning Commission Minutes of October 8, 1990 as writ- ten. Motion carried unanimously. ACCESSORY BUILDINGS - Genera l '_DIscussIon: a) Maximum allowable square footage, b) Maximum number of accessory buildings aer par- - ceI, c L building setback from ordinary high water. The Mound Zoning Code currently prohibits accessory buildings In r e s i d e n t i a l d i s t r i c t s to exceed 10 percent of the lot area, and In no case exceed 840 square feet of floor area except by condi- tional use permit. Building Official, Jon Sutherland, referred to Section 1102 (a) from the Uniform Building Code (UBC) which he handed out to the Corm i ss i on . Jon e x p l a i n e d the UBC limits ac- cessory buildings (Group M Division 1 Occupancies) to 1,000 square feet in area and ore story in height. Furthermore, the LIBC allows accessory buildings up to 3,000 square feet in area provided fire separation walls are installed between each 1,000 square foot area. Staff recommended that the allowable area for accessory buildings be increased to 1,000 square feet per building. The Building Of- ficial explained that limiting lot coverage for accessory build- ings at 10% will control the size of accessory buildings on smal- ler lots. Michael commented on the need to accommodate the larger parcels, and stated he feels only one accessory building should be al- loaed, not to exceed 3,000 square feet, or 10% of the lot area. He does not want to see more than )ne accessory building per par- cel, and parcels larger than 10,000 square feet should not be limited to a 1,000 square foot accessory building. Voss and Smith agreed that they do not want to see more than one accessory building per par el. Jensen stated that she prefers to see a total percentage of al- lowable lot coverage, Including all buildings. Neyer agreed, as long as the building size does not exceed the 3,000 square feet allowed by the UBC. 323 Z Planning Commission Minutes October 22, 1990 Is Page 2 Thal would like to see only one accessory building, not to exceed 10% of the lot area. Thal does not want to see a lot of noncon- forming lots, and therefore, wants the ordinance to fit in with what the community currently has. Mueller wants the ma: jm area of accessory buiidings to be 1,000 square feet, not to exceed two accessory buildings, including the lot coverage not to exceed 10% for accessory buildings only. Welland and Meyer agreed with Mueller's statement. The secretary clarified for the Commission that an accessory use and an accessory building are the same, the ~efore, tuckunder and attached garages are considered an accessory building. if the number of accessory buildings allowed is limited to one, a person with aft attached gay - age w i l l not be allowed to have a shed, or any other detached accessory building. After further discussion, Chair Meyer asked each Commissioner to state their opinion again on the issue. Mueller's opinion on regulating accessory buildings is to aiiow a maximum of two buildings under their own roof, not exceeding 1,000 square feet in area each, and not exceeding 10% of the lot area for accessory buildings only. Weiland and Meyer agreed. Voss is !n favor of limit'ng the maximum accessory buildirg area to 1,000 square feet for total of all accessory buildings, not to exceed two b u i l d i n g s , and not to exceed 107E of the lot area For accessory buildings. Smith agreed. Kichael is in favor of the lot coverage not to exceed 10% for ac- cessory buildings only, allowing up to 3,000 square feet, no more than two accessory buildings /uses. Mueller commented that White Bear Lake has a good ordinance, he particularly liked the requirements that property irons must be visible when the first inspection is made (before the concrete is poured). Weiland questioned what to do about fish houses. He feels the ordinance allowing them to be stored on their property is being abused. it was determined that this part of the zoning ordinance would be address in the future. Mueller su7gested that restric- tions could be added, such as: not allowing more tnan one fish house per property, requiring setbacks, etc. Secretary, Peggy James, explained that the zoning ordinance as Is currently written, Pllows accessory buildings to oe constructed four feet from the mean high water line. She referred to Section 3233 Planning Commission Minutes October 22, 1990 Page 3 23.408 (7) and suggested it be amended as follows: "In all dis- tricts,principalstructures shall be fifty (50) feet or more from the mean high water Iine when the property abuts a lake or stream." The Commission agreed that this should be changed, and suggested adding the word "any" in place of "principal." The need to discuss triangle and corner lot setbacks was raised, and It was determi: led that this would bn discussed with the City Planner in the future. The Commission requested that staff es- timate the number of triangle and corner lots in the city. The above noted subjects will be discussed at a future workshop meeting. DRIVEWAYS - General Discussion: a) Need for permits. b) Need for hard cover surfa {asphalt /concrete vs crushed rock). Building Official, Jon Sutherland, explained to the Commission the need for requiring permits for new driveways and requiring a hard cover surface. Jon explained that the water run -off from crushed rock driveways contains a silty material which gets caught in the catch basins, which in -turn, provokes more than regular cleanings. Mueller commented that an increase in asphalt e driveways would create a greater amount of run -off which may result in the need for more storm drains, flooding could be a problem. Staff recommended that all new driveways be required to be as- phalt or concrete. The Commission requested that facts be ob- tained from the Engineer and Street Department on the materials In the catch basins, and what the cost of clean -up is. If all driveways were constructed with an Impermeable surface, whit would the impacts be, what is the potential for flooding, what is the capacity of the stor - m sewers, and what would the impact be on the lake? Staff was directed to check into these questions. Requiring permits for new driveways was presented by the Building Official, he explained that the City is required to regulate driveways, however a permit is rot required, which makes enforce- ment difficult. The Commission agreed that a driveway permit for a new house can be included with the buiid!ng permit, however, when should permits be re,u:red when an existing driveway is being a!tered, or a new one being created on an existing developed parcel? it was determined that staff shOLIld research criteria when to require a driveway permit (i.e. if the slope exceeds a certain percent, etc.). Mueller commented that future discussions r?lating to changes in the zoning rode should Include the widths of driveways and ac- cesses including commercial access drives versus residential access drives. The Building Official confirmed that a comparison 3 a3`1 with other city and county requirements can be drafted. Planning Commission Minutes October 22, 1990 Fage 4 Mueller referred to Section 23.409 in the Zoning Code, and sug- gested that the last paragraph in this section be amended as follows: "Ali lots or parcels shall have direct adequate physi- cal access for ?mergency vehicles along the frontage of the lot or —reel from an existing dedicated improved public roadway. The Commission agreed with making this change. The issue of driveways will be discussed at a future workshop meeting. City Council Representative's Report. Liz Jensen reviewed the City Counci! meeting of October 9th. She reviewed the City Council's actions on zoning k-ases, reviewed the COW meeting of October 16th, and reviewed the agenda for the Oc- tober 23rd meeting. MOTION made by Smith, seconded by Welland to adjourn the Planning Commission Meeting at 9:50 P.M. Motion carried unanimously. • Chair, Bill Meyer Attest: • 3a�S" I vt ♦ � N11NNEt� 1 � M � LAKE MINNETONKA CONSERVATION DISTRIC* 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 6121473 -7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR MOM MEMUERS JcEllen L Hurr. Chair Orono !•auras Reese. Vice Char Mound Jan Boswinkel, Secretary Minnetonka Beach Mark Westlund, Treasurer Wayzata Marvin Blorlin Tonka Bay Os"rd Cochran Greenwood ^60" O Foster Oeephaw n J3'nes N Grathwol Excelsior R-n Kraemer Sporty Park Jcnn Lawman Minownsta Jahn G Mal.nka V ictona Ropert K. Pillsbury Minnetonka Rccerl Rascop Shorewood R.beil E. Sl,cum Idoodland TO: MOUND CITY COUNCIL DATE: NOVEMBER 6,1990 FROM: TOM REESE, LMCD REPRZ:SENTATIVE SUBJECT: OCTOBER REPORT - LMCD R� NOV 6 1/ 1.1 Euraslon Wat rm Task Force The harvesters have been laid up for the winter at the Spring Park County Maintenance area. Plans arc progressing for the 1991 season. We are working with Minnetonka Portable Dredging to cost out a method of gating rid of the cut weed by use of their barge and tow equipment. We looked at this last year but discarded it as being too expensive. Now that we have a year of our own operational data we are better able to assess the relative cost - benefit of such an operation. There will be a need to collect at least $100,000 from private sources this year. Accordingly, the Save the Lake fund has been consolidated into a single effort to literally "Save the Lake ". There will be but a single fund drive, with the proceeds going where they are most needed to save the lake. Into the foreseeable fuwre this will be the Eurasion Water Milfoil harvesting operation. W:: sec no chance for reduction of the cities share in the near future. There still an outside chance that the Corps of Engineers will come up with some funds. But, as last year, we are planning without them. 1.2. Comprehensive L: Management pry The Management Plan was passed this month over the objections of five cities: Wayzata, Orono, Spring Park, Victoria, and Minnetonka. Each dissenting city had its own agenda, but the single common thread seemed to be the fear of some outside agency having some measure of control on how the Shereland area is utilized. Looking at the new structures in downtowr. Wayzata and the new Wind Marine building in Orono, there is some reason for that fear if the scale of those projects is an indication of what these cities want to do to the Lake, Ron Harnack from the DNR was present at tht final decision meeting to reiterate in clear terms that the Shoreline Ordinance will happen, and that the cities would be better served by having the LMCD do the coordination. He had previously suggested that if the cities could not pass the plan, • 0 32 3/6 • that the coordination work by the LMCD and its funding would be withdrawn and the DNR substituted. Although it was reported differently in the local paper, with th- passage of the plan, the coordinating role of the LMCD will remain. 1.3 The DNR is looking to pass a law in the upcoming session of the legislature regarding the use of Personal Watercraft. They sent the LMCD an advance copy for comment. The LMCD ordinance that has already withstood the test of a year's trial, is felt to be superior to the state draft. The 1991 o:ficers for LMCD are elected at the October meeting. No change was made except that Jan Boswinkel moved over from Secretary to Treasurer replacing John Lewman (Minnetrista), and Doug Babcock from Spring Park replaced John on the officer list, filling the role as Secretary. 2.0 CITY SPECIFIC ITE MOUND 2.1 Chapman Place Marina is having considerable difficulty in obtaining a license to operate in 1991. They did not involve me ahead of the meeting, so I couldn't help' as much as 1 might have liked. The problern is that in order to maintain the grandfathered status of the 27 slips, they must maintain a complete arms' length arrangement with ►pie operator. They have lost their operator and have purchased the docks themselves, and plan to lease out the operation. The LMCD legal counsel feels that this violates the terms of the previous agreement, making the Marina subject to the 1 to 50 rule, and the provision of amenities, like any other marina. Complicating this issue is the fact that the Gablcs operation in Excelsior has a directly similar problem. Putting them on a 1 to 50 basis would be a financial disaster for them as well. The LM D must be legally careful on how to proceed. If there is not co istancy, every other marina on the lake could be in court c plaining. wen rceese Mound Representative Lake Minnetcnka Conservation District TR:mac • cc. Gene Strommen 2 3,237 LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE November - December 1990 REC - 0 OCT 31 1 0 10 Monday i1 -12-90 Veterans Day, LMCD office closed Friday it -16 -90 Eurasian Water Miifoil Task Force 8:30 a.m. Freshwater Foundation Saturday 11 -17 -90 Water Structures & Environment Committe.. 7:30 a.m. Shorewood City Hall Monday 11 -26 -90 Lake Use committee 4:30 p.m. Shorewood City Hall • Wednesday 12- 5 -90 10 -30 -90 LMCD Board of Directors' Regular Meeting 7:30 p.m. Tonka Bay Cite Hall • 3;Z3 `b LAKE MINNETONKA CONSERVATION DISTRICT TO: LMCD MEMBER MUNICIPALITIES FROM: David Cochran, Chairman RECD OCT 31 1990 DATE: October 30, 1990 SUBJ: LMCD Enabling Act The enabling act of the District, Laws 1967, Chapter 907 and Laws 1969, Chapter 272, have been repealed by Laws 1990, Chapter 371. This action of the 1990 legislature was taken as part of ar. over -all recodification of a number of laws of the state relating to water. After reviewing the matter, LMCD Attorney Charlie LeFevere reported that: "It is stated in the new law that it wa.+ not the intent of the authors to change the water law in the state of Minnesota, but rather simply to recodify it. This seems to have been the case with the LMCD Enabling Act which has been changed slightly as to form and organization, but which does not appear to have been changed as to substance." Unti! the 1990 statutes are published you may wish to refer to the attached copy of the new Act, found at Laws 1990, Chapter 391, Article 1, Sections 47 -56. LeFevere suggests that if you need to refer to a section of the Enabling Act under the new statutes, refer to the number in bold faced brackets which will be the number when the laws are incorporated into the 1990 statute books (e.g., if you wish to refer to the definition of "Board" on the first page of the attached copy, you would refer to it as Minneso Statutes Section 103B.601, Subd. 2, rather than Laws of Minne- sota 1990, Chapter 391, Article 2, Section 47). att c /att :LMCD Directors • .s a39 405 LAWS of MINNESOTA for 1990 Ch. 391, An. 2 LAKE MINNETONKA CONSERVATION DISTf'ICf Sec. 47. 11038.6011 DEFINIIIONS. Subd: � . ? 1. APPLICABILIII. The definiti in this se ction a to sections 47 to 56. Subd. 2. BOARD. "Board" means the goNerning board of the directors of the distric'. Subd. 3. DISTRICT. "District" means the Lake Minnetonka conse rvation district. I Su5d. 4. MUNICIPALIff. "Municipali(y" means the home rule charter or ' statutM citl of Mit.netnsta, Mound, SgrinB Pa rk, Orcno, Minnetonka Beach, Wayzata, Minnetonka, Woodland, Deeph..ven, Sh orewood, Greenwood, Excelsi- or, Tonka Bay, or Victoria. ININ L 1967, c 1 sec 1, 121 Sec. 48. (103B.605) Disu1Cf, Subdivision 1. ESTABLISHMENT. The Lake Minnetonka conser ation district established under Laws 1967, chapter 9(� and Laws 1969, chapter 271„ is a corporate and po litical body and a political subdivision of this state, and i may sue and be sued, enter into contracts, and hold real and ep_rson pro perty for its purposes. ININ L 1967, c 907, sec 6; MN L 1969, c 172, sec 3I Subd 2. DISTRICT' IS AN EMPLOI F.R. The district is an emplover within the definition of section 176. 011, subdivision 10, and is included in the provisions of chapter 176. ININ L 1967, c 907, sec 91 Subd. 3. DISTRICT IS P:.'BLIC CORPORATION, the distric: is a public corporation within the definition of smion 466.01 and is included in the provi- sions of ch apter 466. ININ L 1967, c 907, sec 101 Subd. 4, DISSOLUTION. The distr may he dissolved by the decision of the LoL cran bodies of thr ce-uuarters of the municipalities in the district. T he dectsto:, f a town shall be made by the board of supervisors of the town . IN L 1967, c 907, sec I l Sec 49 1103B.6111 BOARD. Subd ivision I. COMPOSITION. Th dist is o%erncd b a noa corn- posed of members elected by the go%ernm bodies of the m•:n;ctpalities included _n the district. Each municipality shall elect one member. ININ 1, 1967, c 907, sec 2, subd 2; NIN LL 1969, c 272, se_ 1l lBracheted paragraph nr,tes cite text source New langaage Is Indicated by underline deletions by sHwkeeus. i • • C7 3a yo Ch. 391, Art. 2 LAWS of MINNESOTA for 1990 406 Subd. 2. TERM. Tne term of office of each board member is three ears. (MN L 1 %7, c 907, sec 2, subd 2l Subd. 3. POWERS. Subject to the RMLi1j2R5 of chapters 97A, 103D, 103E 103G, and I 15, at the rules and regulations of the respective a encies a governing bodies vested with urisdiction and authority under those cha tern the district has the following veers: fees; u to re ula e the tg of boats RgMitted to use the lake and set Iglkt ll to regulate maintain, and p_oltce Ru beaches, !! l dock and 2!t, ub facilities for access to the lake within the territory of the munict oalittes p rovide d that a municipality may su ersevle the dtsiria's action under this clause by, ado tin an ordinance spccjfically refemnQ to the district's action b� th one Year after the district' n; rict's actio U to limit by rule the use of the lake at various times and the use of various parts of the lake, W to re_ gulate the speed of hoats on the lake and the conduc of other activities on the lake to secure the safety of the u�hc and ubl the most Metal ic use; L5,1 to contract with other law enforcement a encies to 22li9 the lake and its shore; it) to regulate the construction, installation, and m aintenance of permanent and temporary docks and moorings consistent with federal and state law; Lo regulate the construction and use of mechanic and chemical means of deici3 the lake and to regulate m, . tical and chemical means of removal of weeds and algae from the lake; U8 to re gulate the constructio configuration st_ze, location, and maint nance of ecmm ercial marin and their related facilities inc luding ap rkin areas End say_ itaa facilities. The regulatt,n shall be consistent with the applicable municipal buiidin codes and zoning ordinance where the marinas are locat iD to contr with other overn bodies to pe rform any of the fun - tions of the district; — w undertal research to determine the cond th m and development of the Lake and the water en tering it and to ' thei studies to th e_ pollution control agena and other interested authortU and to :Icvelop a comprehensive p rogram to eliminate p ollution: - Ll 11 Lo receiv financial ass istance from and k in p rojec ts or enter into eoatracts with federal and state a encies for the studs and treatm of oll ution p roblem s and demonstration program s related Co them; an lBracketed pmgrrph notes cili text sourced New Itngu■ge Is Ind"ted by underline deletiorn by srti ~. 3 Y/ 407 LAWS of MINNESOTA for 1990 Ch. 391, Art. 2 (12� to petition the board of managers of a watershed district in which the Lake conservation district is located for improvements under article 4, section 54 bond is not required of the lake conservati district. IMN L 1 %7 c 907, sec 3; MN L 1969, c 272, sec 2� Subd. 4, BYLAWS AND BOARD PROCEDURES. The board shall adopt I seal, bylaws for the rcitulation of the affairs of the district, and rules of procedure to govcm the board's actions that are consistent with law. �NIN L 1967, c 907, sec 71 Sec. 50. 11038.6151 DISTRICT OFFICERS. Subdivision 1. ELECTION AND TEPNIS. L2 a The board shall elect from — its membership a chairperson to serve for a ep riod of one gar and shall also elect a secretary and a treasurer. JW The officers hold office at the pleasure of the board. ININ L 1 %7, c 907, sec 8, subd 11 Subd. 2. COMPENSATION. The board shall fix the compensation of the officers. (NIN L 1967, c 907, sec 8, subd 11 Subd. 3. OTHER OFFICERS AND EMPLOYEES. The board may aPPoint other officzrs, agents, and employees who shall ep rform duties and receive com- nsation as the board determines and are removable at the pleasure of the board. (I11N L 1967, c 907, sec 8, subd 41 Sec. 51. 1103B.6111 TREASURER. Subdivisior I. BOND. Before taking office, the treasurer shall give b nd t� the district in a amount to be de termined by the board. (MN L 1967, c 907, sec 8, subd 21 Subd. 2. DUTIES. Laj The treasurer shall receive and is responsible For all money of the district. The money of the district shall be considered ublic funds. L The treasurer shall disburse the funds of the district in accordance with rules of the board. IN1N L 1967, c 907, sec 8, subd 21 Subd 3 INVESUNIEN "IS. a If there are funds not currently needed, the treasurer may ingest the funds in treasury bonds. certifi of indebtedness, bonds or notes of the United Stmes of America, or bonds, notes or certificates of indebtedness of the state of Minnesota. The bonds, certifi cates, or notes mutt mature by three years from the date of purchase. If the board determine that invested funds are needed for current purposes before the maiurit }' dates of the bonds, certificates, or notes, the board shall notify the treasurer and the treasurer shall order the sale or conven the bonds, certificates, or notes into cash in the a mount determined by the board. lBracketed paragraph notes cite text tourcesl New language Is Indicated by underline deletions by stmtreeW. • 314; - Ch. 391, Art. 2 LAWS of MINNESOTA for 1990 408 U The uaerest and profit on investments shall be credited to and cons_ tit_ute 3 Dan of the funds of the district. (A1N L 1967, c 907, sec 8, subd 2� Subd. 4. FINANCIAL STATEMENT. The treasurer shall ktep an account of the funds received and disburse At least once a year at times designated 61 the board. the treasurer must file a financial statement with the municipalities ormin the district showing in appropriate and identifiable groupings: W the receipts and disbursements since the last appro%ed financial state. ment; U2 the money on hand; Q the Purpose s for which the money of the district is appro�nated J�j an account of all bonds, certificates, or notes urchased and the funds from which they were purchased; and U the interest and profit that has accrued from inves!ment tAlti 1, 1967, c 901, sec 8, subd 21 Subd. 5. COMPENSATION FOR CLERKS. The district m pad to the treasurer compensation to cover hiring clerks to cam out the treasure diu (MN L 1967, a 907, sec 8, subd 21 Sec. 52. 1103B.6251 EXECUTIVE DIRECTOR. Subdivision 1. APPOINTMENT. The board m aa appoint an executive director for the district. The executive director shall serve at the leisure of the board and shall receive compensati as dete rmined - b the board. 1, IN L 1967, c 907, sec S, subd 31 Subd. 2. DU*TIFS AND POWERS. Under the supervision of the board, the executive director: W is the executive and oper ntficer of the district; (11 is responsible for the oper ation, management, and prom of all activities with which the district is charged and other duties prescribed by the rd; boa and u has the powers necessarily incident to the performance of the duti of the executive director and other power s tinted by the board, but without authority to incur liability or make expenditures on behalf of the distri wi thout g eneral or specific directions b the boar as shown bv tht b�law or minutes of its meetings. P-IN L 1967, c 907, sec 8. Subd 31 Sec. 53. 1103B.6311 PERFORMANCE OF DUTIES AND EXPENSES. Subdivision 1. DUTIES MAY BE PERFORMED 01' MUNICIPAL IBncketed paragnpb notes cite text sourcesl New lame Is indicated by underline deletions by sfn#eer►t, • I . 3243 409 LAWS of MINNESOTA for 19� Ch. 391, An. 2 EMPLOYEES. The duties of the district may be executed b employees of the municipalities �N1N L 1 967, c 907, sec 41 Subd. 2. EXPENSES. The ez enses of the district shall be borne by the 0 municipalities. The Portion of the expenses of the district borne by each munic. i aliU must be in proportion to its net tax n provided that the portion of pny one municipality may not be more than 20 percen t of the total expense or less than $200 L 1967, c W. sec 4, MN L 1969, c 272, sec 31 Sec. 54. 1103B.6351 FUNDING OF DISTRICT. Subdivision 1. BUDGET. The board must, on or before July I each rear. rpepare and submit a de tailed budget of the district's needs for the next calendar year to the governin body of each MEgk � in the distract with a statement of the pLWort.qn f the budget to be rovided b each municipality. The ioverning body of each municipality in the - -trict shall re%irw the budget and the board, urn notice from a munis2 tv, m__t hear obiections to the budget. After the hearing, the board may medjf or amend the budget. Notice must be iven to the municipalities of modifications or amendments. @1N L 1 %7, a 907, sec 51 Sub 2. MUNICIPAL FUNDING OFDISIRI( - 1.i the c�crnin body or board of supervisors of each mumcjpal to the district must rovide the funds necessary to meet its proportion of the total cost determined b the board. A municipality may raise the funds by a means that the municipality has to raise funds. The municipalities may each Lc—vv a tax not to exceed .00242 pe rcent of taxable market value on the taxable propenv located in the :di strict for funding the district. The lei must be within all other limitations provided by law. Uc The funds must be de sited in the treasury of the district in amounts and at times as the treasurer of the district re wires. 11%1N L 1 %7, c 907, sec 5, MN L 1969, c 272, sec 41 0 Sec. 55. (03B.641) REGULATIONS OF DISTRICT. Subdivision I. AUTHORITY AND EFFECT. W The distract may adopt rules and regulations to effectuate the P urvQje of its establishment and the o D wets ranted to the district. U The rules and regulations have the eflect of an ordinance if declared by the board of directors of the district and stated in the rule or regulation. Tl,e rules and regulation of the district may be enf orced b the district by injunction in addition to penalties under this section. �N1N L 1969, a 272, sec 61 Subd. 1. ADOPTION PROCEDURE. jaj A rule or regulation must be suitably titled. 18racketed pategraph notes cite teal sourcesl New language Is Indicated by underline deletions by slrikeew. 1 .1 a y y Ch. 391, An 2 LAWS of MINNESt!TA for I4r)0 410 jbj A n,le or regulation must be adopted h2 a ma orit1 sots of all of the members of the board of directors, Th e adopted rule or regulation must be 10 s_gned b the chart, attested bs the s_ecretaro o f the board an 1 uhltshed once r an official newspaper. W Proof of puM± '3, uon must he attached In and filed with the rule o regulation. Each rill d regulation must he rrlotd in , fu_ rule and r - -.', ,, datwn book by L loss aft publication. Subd. 3, PENALTI. A person who s iolates a rule or regulation 0i ,it has the force and etTect of an ordi is �uilt� of a rrt,Q mranor and su t to a sentence of not more than 90 dabs plus rests or a fine of not more than S I oo plus costs ININ L 1969, c 272, sec 61 Sec 56. 1110313,6451 PROSE.CU I ION OF % [01. % 110%ti, Subdivision I. COMPLAINT FOR %IM,AIlOV', a hn for a vio lation of a rule or regulation shall be h r_oue�ht in tht name of the dtstnct up,m complaint and warrant as in other crim . it the amused is arreste without a warrant, a writte complaint shall he made to whi,h the accused shall be r CG:ar rd to Ip tad, and a warrant _hall issue on the iotnplaint 1 he w;trrant ses shall the dtrectrd for cut., e to a i Aire oth.rr and all other rocess in such ca Lou p officer , marshal, con stable, or sherdo_f ans ,it t_he_ m III :, s t th_ district. IMN L 1969, c 272, sec 71 — - Subd. 2. COMPLAINT. It is a suffici pleading of the r and rceu;a- tions of the district to refer to them by section and numbe or chapter, or ani, otter %av that clearly reflects the rules and regulations that a the s uhtc ct of the pleading. The rules and regulations shall have the eff n( general aws within the district and need not be &Len its evidence upon the final of an action. Subd. 3. APPEAL TO DIST (717 COURT. Appeal nta� he take fr the district court in the same mariner as from ut dgme nts to civil acttsms, ININ L 1969, c 272, sec 71 - WHITE BEAR LAKE CONSERVATION DISIRWI • Sec. 57. 11038.6511 DEFINITIONS. Subdivision I. APPLICABILITY The definitions in this section apply to sections 55 to 63. Subd. 2, BOARD. "Board" means the governing board of the distric Subd. 3. DISTRICT. "District" means the White Bear lake consrr%aiwn district. — — -- - -_ _._ Subd. 4. MUNICIPALITY. "Municipality" means the crls of whit Bear Lake, the town of White Bear, the ciFY of Birch od, the cite of htahtomed or the city of Dellwo ININ L 1971, c 355, sec 11 19racketed paragraph notes cite text sowcesl New lame Is Indicated by underline deletions by et.+lreew 3 P LA�(EMINNETQN CQI 9pVATION DISTRICT NOV TOs MEMBER MUNICIPALITIES nOMs Gene Stromman DATES November 2, 1990 SUBJs LKCD Minutes Distribution Because of the nature of the current adoption of the LMCD Management Plan we are enclosing the minutes of the Board of Directors' October 24, 1990 meeting. This mailing is in advance of the normal agenda distri- bution so that you Buy have the benefit of knowing the action taken by the District. IRS s J lss sacs minutes c /encs LMCD Directors 3; . • i�CO N0V 5 1990 LAKE MINNETONKA CONSERVATION DIS'rR1C'r BOtJtD OF DIRECTORS Regular Meeting, October 24, 1990 Tonka Bay City Hall 1. Call to Order The meeting was called to order at. '1:3b a.m. by Chair COrhran. 2. [toll Call Members Present: Bert Foster, Vice Chair, Deephaven; James !.,rathwol, Excelsior; David Cochran, (;hair, ur Robtirt Pillsbury, Minneto. ca; Jan Boswinkel, Secretar Minnetonka Beach; John Lewman, Treasurer, Minnetrista; Thomas Reese, Mound; Robert Rascop, Shorewood; Douglas Babcock, Sprinf, Park; John Malinka, Victoria; Thomas Martinson, Wayzata; Robert. Slocum. Also present: Charles LeFevere, Counsel; Set. William (:handler, Sheriff's Water Patrol; Rachel Thibault, Administrative, Techniciar; Eugene Strommen, Executive Direc Members Absent: JoEl len Hurr, Orono; Marvin `1'onka Bay. 3. Reading of Minutes Grathwol moved, Babcock seconded, to approve t'11- minutes of the September 26 1990 meeting as submitted. Motion carried unanimously 4. Installation of Officers LeFevere administered the oath of office to the officers ele ^.ted at the 9 -26 - meeting. David C..)chran, Chair Bert Foster, Vice Chair; Douglas Babcock, Secretary, and I,�n Boswinkel, Treasurer, were seated to their respective offices. 5. Public Comments There were no comments from persons in att n-f on the agenda. 6. Chair Report, Cochran A. Cochran moved, Boswinkel seconded, appro" of th following standing committee chair and vice chair appuintmerits: Water Structures and Environment Grathwol, Chair, Babcock, Vice Chair Lake Use Pillsbury, Chair, Foster, Vice Chair * Eurasian Water Milfoil Task ForccF Reese, Chair, Foster, Vice (hair Ad -i sory Rascop k Save the Lake Fund Camp +ian Pillsbury, Chair, 11c)tion carried unani.mou.ly. 0 1 3a 97 W►till II flff 111111 Iflll Itlllillll Ifif ltUltllt LM!,'D Board of Directors October 24, 1990 7. Reports A. Standing Comm.ttees 1) ADVISORY COMMITTEE, Chair kascop a) Long `Perm Management Program for hake. Minnetonka, consideration of Shoreland Protection Chapter IV, Appendices A, Authority; B, Definitions; and C, Shoreland Standards and Criteria; and Sections I, Introduction; Vlt, Implementation; and VIII Partial List of References Reviewed. Rascop opened the report by stating the sections under consideration were tabled at the 9 -26 -90 meeting;. Written and oral comments were received in the interim. (.1ianges and amendments will be discussed. Rascop acknowledged a letter from Jerry Rockvam, Mayor, Spring Park, calling at.tentic)n to the omission of Paragraph Z. Rascop stated it will be reinstated. He then called for comments from the public on the entire plan. Alan Brixius, Spring Park, submitted a letter dat-d lu %'4l�0 in which Spring Park reviews the October 1990 Flan draft. Their concern is flexibility in deter IAk.eshor -- density. Reinstating Paragraph Z meets at least in part the concerns, Rascop noted, along with further amendments to he proposed at this meeting. The MN DNR has agreed that use of the cities' comprehensive plans may be used as a basis for aetermining different levels of lakeshore density. Speaking for the DNR, John Stine, Regional Hydrologist, said its plan defines shoreland as 1000' from the water. Their . interest is in having the communities work among themselves to get - -nflicts resolved with LMCD coordination. Local units of government are to map out their own shoreland uses. Edward Callahan, Acting Mayor, Orono, and Mark Bernhardson, Cic.y Administrator, Orono, urged tabling the plan. Callahan observed that there are a number of communities which object to the plan and when LMCD goes to the legislature to get the power to enforce the shoreland protection policy, those cities will make their ob.iections known. Rascop responded that (,MGD is nit goine, to the legislature for any authority on the shoreland. LMCD would like the cities to adopt a shoreland code and then be the enforcing agency. The only instance in which LMCD would approach the legislature would be to request funding. Ron Harnack, DNR Divisions of Waters, stated his opinion that this shoreland management plan is a plan of the communities, coordinated with the LMCD. This is a response to the the legislative mandate that all communities adopt a shoreland management plan. The LMCD is an existing structure to assure development of compatible plans for the benefit of the Lake. Al Qrsen, Manager, Way.nata, stated they have not had time to study i h- Lt•t(;U rF << nse to the Wayzata plan and remain opposed to adopt, i . Gr,'t,11-,1 t.)roc - with the plan for presentation of the tabled 3 2 41 LMCD Board of Directors t.)ctober 24, 1990 Grathwol moved, Lewman seconded, t- at)i)ruved Shoreland Protection Chapter IV. Cochr moved, (3'rathviol seconded, to amend 1'araaraph 2, Pape 47, line 9, to read: To that end the Di! ;trio has x�r��t.�c.,�,F,d m draft niioreland 3rdirve nee A SET 0G a'1'ANDAkDS AND C hl '] H,hlA 13A . ON THE DNR S`i'ATEW11) E S'T'ANDARDS , BUT TA LURED '1 U F1 T LAKE MINNETUNKA, as the basis for consideratic by the citit,�- lotion carried iinanimoii 1y. Cocthrari moved, Grathwol seconded, to delete :-i and b c)n Objective 3, Page S3, and amend the objective to read: T1 e LM(, ' L) shall counsel witli the lake cities by reviewinp and commenting on variance applications that affect the shore-land prugram. In responsf� to Reese's comment that he believes this is a subjective decision, Harnack stated the current shoreland ordinance-) requite notice to the DNR of certain shorel.and chanpPs and LICD w(,)ulcl th(- s,amA notice. Ar an alt��rnat.ive, hp su>~gest, I•lni! a v- '._irlar! �1f tE?ctinf' tale IlC�relarlCl send a notico to every cnnimunity srj there is a peer review. in Harnack's judgmcAnt use of the LMUD f -I- variance reviews is appropriate. Callahan said this develops anoth-r Iay of government at the tax. ayer' s expense. Rc ckvarn ob.iected to review of variances within 1000' of the shore which have no eff -- r" t on the Lak C;ochrrin points- -d out that the 1,11(1) has no intorest in variances that do not impa,•t the sh standards Land criteria. . Duane Markus, Way�at_a resid"rit, t..abl.inp of the motion. MaIinka raised t,hP issi.le of idclit,i('n:,l c t t11(! c for additional LMCL) staff to cond !wf. vai I'.!vic.;w.,. expressed the opini0ri that then — will be v (- ry ff.w variance applications that need ext -ris i ve r.-i Rvt es, agreed citing his six years experience- on thF, Mound I'laririinrs (;commission. Martinson st..-3t,t -d his )piriiorl that, tlt'r" , -t 1'' prll!l!'RIS rr1 Lli" area of communication. He dues ni,o, belic-vts th 1e will extensive additional costs. Steve Smith, M.-ivor, 1"l VtzF';s cl his r n t.h,it I•-+nd use should remain under lo -al control . Al L fourteen commuriiti_es should pet toflether on shur , .land r•essed the opinion that the cities should hav,, faith in 0 - 1'�ir rf- prest:- ntative and someone must 1.001' t.c' tlie:� we lfr_iie 0f th'__ La1'ca. Vote W_ called for by the Chair. Motion carried unanimously. VOTE ON MOTION TO AUPROVE CHAPTER IV AS AMENDED: Vc i nf' ay- Foster ( DeephavF•n) � �ir t.Ihw , I ( L;x�_c 1 s i nI : c' > ((;r — Boswinkel 13 i_f l man (Mil , r!e -tri;:t, <t), (Mound): Ra!7) p al!' 1) V''t.iTic n;iy: L'illsbury (Miunet. <._�nlr -;'! ; l <.,1.,.<,: -} t :_'F I i r�i� E';.irl: i : 11;, l ink:_, (Victoria); Martiri: ; r F1 >f i +rrif d. - at Iiw I nh_�v d , k'! Append lt:t;:i A . Authori H, Dof initi()nr,, rind (; Slio rr!lrind '*,t;mdar"d;; and Criteria, 1'rir;wr;wh Z. ruin Una nnirrun wuc ,• uenr rreii ernir!eu • leer LMCD Board of Directors October 24, 1990 Martinson moved, Grathwol seconded, to amend the section by changing the fourLh sentence of Appendix C, Paragraph C on Page C -3 to read: Tire single- family minimum lot standard is 15,0o0 square feet, except that Excelsior, Mound and Spring Park may have 10,000 square feet and WAYZATA MAY HAVE 9,000 SQUARE FEET and the last sentence in the subject sentence to read "FOUR communities ". Motion carried unanimously. cochran moved, Grathwol seconded, to chance the wording in the last sentence of "C" to read: However, those four communities are expected ENCOURAGED to move toward the 15,000 square foot standard as development occurs. Motion carried !!marl i.mnun 1 y . Pabcock moved, Pillsbury seconded, to table the motion because the exceptions in Appendix C, Sections A, B and C have not been spellf-ti out. Motion failed, with four ayes and eir)it !rays . VOTE ON MOTION AS AMENDED; Voting aye: Foster (Deephaven); Grathwol (Excelsior); Cochran (Greenwood); Boswinkel (Minnetonka Reach); Lewman (Minnetrista); Reese (Mound); Rascop (Shorewood); Slocum (Woodland). Voting t'-y: Pillsbury (Minnetonka); Babcock (Spring Park); Malinka (Victoria); Martinson (Wayzata). Motion carried. Grathwol moved, Reese seconded, approval of Sections I, Introduction; VII, Implementation;and VIII Partial List 0f References Reviewed with the following amendments: Page 87 add a sentence to Item 3 - "This includes comprehensive plan inventory of the cities." Page 89 Paragraph 1 on the bottom to read: This adoption should be based on the cities' comprehensive plan analysis and coordination with the LMCD. VOTE ON MOTION AS AMENDED: Grathwol (Excelsior); Cochran 13e.-ich) ; Lewm -in (Mi nrretrista) ; Mart.inscrn (Wayzata); Slocum (Spring Park); Malinka (V Motion carried. Voting aye: Foster (Deephaven); (Greenwood); Boswinkel (Minnetonka Reese (MOUnd) ; Rascop (Shorewood); (Woodland). Voting nay: Babcock Lctoria); Pillsbury (Minnetonka). Harnack said the MN DNR looks forward to working with the LMCD and cities. He suggested meetings with the local planning commissions or planners to review the process on how the shoreland rules will be adopted. Grathwol moved, Reese seconded, that the Board hereby Resolve to formally adopt the Long Term Management flan of the [.rak Co reservation District, as amend - d, 115 t1 - C) f f ici.aI Marlagemerrt Plan of the District and that staff bf-. direct to forward the Plan to the Metropolitan Council. - Vote on Page 5 3 ,;, 4 LMCD Board of Directors Uc tubter 'd4, 1990 Voting Aye: Foster (Deephaven) ; Grathwol ( Excels ic.r) ; C-)r:lrran (Greenwood); Boswinkel (Minnetonka Beach); Lewman (Minrlrtrista). Reese (Mound); Rascop (Shorewood); Slocum (Wood I._Ind). Votifir Nay: Pillsbury (Minnetonka), Babcock (SprinK. Park); MaIinka (Victoria); Martinson (Way,- :ata). Motion carried, Martinson submitted the following statement for irl the minutes explaining his vote against the Lonr, 'Perm tl lna�= m�rlt. Program for Lake Minnetonka. As a representative of the City of Wayzata I lt.ivo requested by that City to vote against the L-)pg '1',,rtit Management Program for Lake Minnetonka. I Atli, t.hr same time, confident that the City of Wayzat.-i will cooperate reasonably with the LM('L) in t.tic-- F implementation if adopted. Wayzata's oppositi� in my opinion, relates to lack of specificity rf-r*arditir I+M('ll budg %tary considerations and implem�,rltrlt.icn of ,1l +r I an 1 standards and criteria in terms of a tailored to Wayzata' s unique circumstance-s. Wll i. l -- I :Im disappointed that sufficient clarification w, s rlf >t, Possible by this time to satisfy Wayzata's con: +:rn, i n these regards, I am confident that the i mr r- nl+=r1 t, i t i on phase of the shoreland program will ultimately r+. -sult in a process that Wayzata can and will sutlport. 40 Cochran expressed appreciation to Rascot, onc1 h+.�: itid t.l: Advisory Committee members for their efforts in program to protect Lake Minnetonka and provide a pc i t i v u r experience on the Lake. 7. A. 2) WATER STRUCTURES COMMITTEE, Pabc•ock for ('}I:sir (,r :lt.ilw(+l a) ApprovaI of Minutcs Lt : 0)(2ock tw I , f' wi nk" I feconded, approval of th minutes of the 10 13 !W iii--I i rlr "l- submitted. Motion carried unanimously. b) Amenity Study Boswinkel moved, (4 r,ithw- l To authorize preparation of an amendment to Cod- :�til� 1. 4 ,Ir, stated on the 10/15/90 draft with changes as not,rd. Motion carried unanimously. Babcock thanked Thibault and Strommen for their d of the alternate point scale. c) 1990 -91 Deicing License Appl i c•at, i orl P :lt"., +:) . I- M <,ved, Heose seconded, to approve the twenty - cnr! d- . i r,rf r" r rni t. applications received to date, with the ur 1 r .!. +n' ?il,r' t,h-At .•e mporary iow water dock extenslorl5 beyond Zo(J' f,h i j ,i r,' t I del; i or!d . 011.1:• ittOr ?5 wRre rai.sed a5 to wIIt!t,II ti Gxt+3nSlotl.9 ar {' sf ?asorl it (I + lcks t h,., w}IFt t'h - . th('y ar' e if, ibI for d r r•.•vi e r 1 U7, V.Iriln•.� 3a.5 ) LMCU Board of Directors October 24, 1990 Water Variances, which does not specify a requirement for the use of seasonal dockage. Particular concern was pointed out for dock extensions creating winter lake use hazards from deicing, particularly in the case of one 600' extension granted. It was also noted t,h.3t a 20U' dock length normally is deiced some distance bf >yond the dock length as a buffer between the ice and dock. The ExeClrtive Director and Water Patrol concurred that a conscientious inspection program can assure a reasonable deicing activity is maintained. Foster moved, Grathwol seconded, to amend the motion by deleting the 200' deicing restriction. Motion carried unanimously. The motion as amended was approved unanimously. (I ) Windward Marine New Building Con;itruc;tion. M._1rk 13ernhar&.i,Aj, ()rono City Manager, responding to the staff r «_port, advised the bui ldirrg under construction at Windward Maria-., w:.s approv,_ in 1988 basted on the removal of a sheet mFital bi.r and old 5 a1:�5 /sf;rvlce buildings. Time extensions have been P_iven to the variance. The existing sales /service building will now be torn down. Responding to a comment from Reese about whether the old building was non - conforming, Bernhardson responded it was a case, of best possible improvement. Cochran said he is assuming the Minn- -h aha Creel; Watershed District has given approval to the storm water run -off weir. No action was taken. 7. A. 3) LAKE USE COMMI'T'TEE, Chair Pillsbury a) Approval of Minutes Pillsbury moved, Babcock seconded, approval of the minutes of 1U - 15 - 90 as submitted. Motion carried unanimously. b) Code Amendment to 2.12, Subd. 7, Regarding Buoy Removal. Pillsbury moved, Babcock seconded, to approve an f+nendinen1, to t,r,c:e 2. 12. Subd. 7 and Code 2.08, Subd. 3 per the draft d. ±ted lU IU -yU, publication authorized and amendment to became effective upon early publication due to closeness to dates of compliancQ. Motion carried unanimously. ) Proposed Minnesota Department of Natural Resources Bill for an Act Regulating Personal Watercraft The committee received a recommendation from the Lake Use Committer, that the LMCD support the proposed DNR bill. regulating personal watercraft. Foster called the Board's attention to the provision in the bill requiring a 5 mph speed when the personal watercraft is within 150' of another water - Foster views this is highly dangerous in narrow areas of the lake. f'i 11 sbur.v moved, Rascop seconded, to supr)ort the MN DNR efforts in establishing a state law regulating personal water1:ratt, and referring the portion of the bill limitina the spf -f-. d t'' (11 ph w i thin 150' of 3nv moving watercraft to the _.,,b comn,i t,t, • s studyir,F personal watercraft. Motion carried unanimously. • LMCD Board of Directors October .'.4, 1990 d) Amondment to LMCD Ordinance 2.041 5ubd. 2 Re:gardifit', Personal Flotation Devices. Pillsbi.tr.•y moved. Rascop seconded, to approve an amendim -r;t LMCD Ordinance 2.041 Regulating Fersonal Watercraft, . Personal Flotation DFVices, to identify Type I, L1. III r V as the Coast Guard-approver] persol fluLation (f evi,'>>s. llOtiort carried imanimously. e) Special Deposit Refunds Ra5vp mnve(!, Martirl;ozi secoricied, approval of th'' t I I''wiIII depos rt; r urlds a) Upper lake Minnetonka Yacht Club f��r schedule. b, Viking? Bas.-masters of Minnesct,%i f' r 1 1.1 't r tourna men t. Motion carried unanimously. f) Pi 1 1 sbury reported the Save the 1,,�&.e ann,.r..t i t 111 dinner iL� pr p,.I:-:I -r1 for `IIIUr -Ldav, V�_-t I I, l: +:al i 1 1..i F'letchF�-r; of the Lake. (Pe- confirmati:_ with thy- r r, - ,tIt. advises 2/14 date is n available due t,: Valent.ino's 1) "1 y st•11 out. '1'h14rsdav, FF•bruary 21 is being hkt�ld as an K) Coun::ie l Advice v._ 're nuted appr'lval of t,h" :'.m( -i W, 5ubd. 4, Am•-ni Cod �'.11, I�labd. �' Plu t.'. <-mov. 1 I,bd. 3, 1nit)OUn -111d i ir13rI ,, e :,1141, :"ubd. Ir'r� +ii "ll W r - -t ft, Flotation Device=s C ti an moved, Pillsbury secl_,ndt "-A, to direct, prep ir:,ti _ of th � � Cod < rn�. rI,Im is f -�r forma I ,: PV!'I-1"ra l at th- n-A t b >,, r• II mCI't.irw, exX: - ptirw- the _im('ndment to tl7° hur,.y r-mov. ":1 whi II vi bt' Published irnmt�diat eff tiica d'.!/ followiuF; prlbl ii�ati� Motion crtrz.i� -d Iananim- usl.v. I . A . 4 ) EURA.S 1 AN WATER M1 I,F01 L 'DISK FORGE. Ch _I i r 1''' -,,'. C' 'F > „ T't.' , i -3 t�'t r 1. I1 "35; tl� i -21 F'r' .'1' "i1 "�'d del Irt i rtr`, 1,11 1 :'`.f I mi- ssiI)n, Fil"If*r:,nt ��t�.i•�� t.i . (�PF.t:rti„n. plAh lie ro. f•vt•nt: , and firtrin �i-II , "I_,li ior!, methods of mvcvinr? th.• we,>dS f rl th II .rV t r'r;; to fAi re arr, being, lnve.`3t,2 All Opinion fry - ,n7 L�-F��.��r�; rep :Irdint? ng rather than IIi(NinRy some of the contrac is is nF.eded. The IJ91 Eurasian Water MilfrA 1 program will be presented in draft form at the December 5 Board meF•t.inr7" Ur:_it,}Iwl?I I� "�ql "I t' =led havinv the information before- t Y inF-- ti.rig. 7. A. �,) FINANCIAL 1th:t't)RTS f,.,1• f',!,�• ni �rl} !: •'nit; .. + � +�,, +�� f wi nk "1 r1: o.ment, of car�h t,r +n�_:, "7� ti• -fir. lill i t w. - , c,rd�•r�•�i f' 1c;c1 f:• { Iat't.F'I' I v rep I t. r t h. , t e r _�Ilbrni t,t�,•i). 3A.53 LMCT Board of Director's Uctc 24, itJyu C. Boswinkel m)ved, Martinson se appro'r -31 of hills for p%tym checks numbered 6487 throut =_h (1539 in t11 amorist. of $27,331.76. Motion carried unanimuusly., 7. A. 6) l:XECUTIVE DIRECTOR, Strommen a t'ep._ the lease for office: spa at iL)I est, Bank Wavzata is beina signed arid occupancy is --d for IJN(�ember 1. b) A copy , -,f the MN Lake Management F'eder;tt i irIrll131. conference program was available. The conference was attended by 300+ lake association directors, agency people and county officiats involved in water management. Strommen was elected t tit Bo ird arid to serve as the Secretary to the Ferle~r,I►.i(.In. C) The m• ?etlnit sc :hedule for tltr- balarl 91 w 1C; announced. The Water Structures and Environment 1 onunitt «_•F• w i l l m ?et, or, , )n 17 , th - bake Us(- Committee on N „ v , 'rnh , r ►; - Irld tivz+ Do -1 will mr_et, ort D , � , -•rnher 5. e,. Unfinished Business There was nu unfinishe,J business. 9 . New Business a) ConsirJ- ration of an auditor and financial rvi f giiart -rl y r• >p +..s f(-)r 1991 was wi t.ltdrawn from the ag rich b ) :Dive the Lake Fund Analysis : ;Lo srrbmi t.ted a mission statement and objectives th? t.h--- Lalkr- propranl. He stated there are three tr.►rid r :ti 5 nrr , )peratiun:; , gin ;erninp the Lake: The Save the Lake Fraud, Milf(_)i I W(.ed Harv(,st.ina Fund and Fresh Water Foundation. It is F)roposedL t - , _`oinhi1r , ' t.it :;,'1ve th1'- L.-1ke Fund .arid the M iltoiI tur1 F'i 1 I shriry , �i r a lettf�r, br•uc'hure - 1nd ►•I cr +r�l "n t USr ltl a combined fund drive. In , ,': r•IJ , Pabco secc,nded, to approve the M1ss1-n ttt?m�nt.. Ub.i� rives, Funding (;r- Budt, t :trtd Ain ,tlt.l i rtf is '3ubmitted. Motion carried rtn.irti nr r1s I v . T1itF :v(nmlt.tE'% will m to review a letter and pli:dp Pl a 199 combined Save the. Lake campai .bran moved, Foster seconded, to approve the fol l Res()1lttiorls: Resolution designating the Northwest Bank Wayzata as ,t - r , ()sitory f LMCD checking, savings and /or securities. r Itr tior( anthorizino the Treas to mr-•t, st,,tltt.r,ry r.- c�uir rnt I " r inv -- � t.ments in g obligatic-rtr of t,h Utlito'l �+n the t of Minnesota mature nr' in less Hi' ►.Ilr• , V?.� } f;•�;,,I11t i ir riatirnP the Tr(•af7urer and , : , r► ,- • „ t II „ r 1• t.i1.,, FX- 2lit i VF' 1 ►ir twn _- ir;nat.urf:•s Y -'IUir i, t,1 -, I' withdrew funds c deposit with Northwest li�,rlk ri( -d 11ri usly. easy H 4. 1,M( Board of Di roct•vr ; D. A letter fr t.lv, L (- <-h 1,. =ik As , ciati n, In r�:i;,�rdintl I Proposal ti. qual—ar,t ine h;ur:r iart Wat Hi lfoi ; info .;t. i w:�ters was referred t- the, Envir Conimitt. l o . Ad jourrrmernt. TEle2 h i 1 n0 f r r bi IS irI t ( )ill 1),•t f,( the meeting w._!s cl��c lar «��1 a�l,J at, ] l� :it_� P. U,.ivicl (,;ochran, chl 1) Ir. +s, BabcocE:, :,ecI • • 3-?,5. League of Minn esota Cities October 29, 1990 RfCT OCT 3 1 1900 Dear City Manager, Administrator or Clerk: For many years the League has printed liquor store statistics in the November issue of Minnesota Cities. This year the magazine will incl du e general Information on liquor store operations, but not the data tables. Our readership survey showed that only city officials in cities with liquor stores were interested in the data. We are sending the statistecal material to you now. Please share it with your mayor, council, and liquor store manager. Additional copies are available from the League. Sincerely, / Jean Mehle Goad Editor, :Minnesota Cities JMG:lle is • 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5W (FAX: 221.0986) 3 A SL League of Minnesota C 183 Unhvrsity Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FA 22 1-0986) Analysis of city liquor store operations for 1989 Arne H. Carlson, State Auditor Sales and income from the operations of municipal liquor stores improved in 1989. Net income of city operated liquor stores totaled $10,924,837 in 1989, up $1.04 million over 1988. This improvement was due to an increase in sales of $1.1 million and a decrease in operating expenses during 1989. Sales for all city liquor stores increased to $136.5 million in 1989, compared to $135.4 million . in 1988. Gross profit for all stores was 30.3 percent, up 0.1 percent from the prior year, while operating expense fell to 24.4 percent, down 0.4 percent from 1988, and down 0.7 percent from 1987. This reflects a trend toward more off -sale operations and expense reductions. Thirty -one cities had liquor store sales in excess of $1 million in 1989. T'Wenty -six stores had net incomes over $100,000 in 1989, as compared to twenty -two stores in 1988. Net income for all stores averaged 8.0 percent of sales, as compared to 7.3 percent in 1988. Twenty -four stores suffered net losses in 1989. The greatest loss of $52,575 occurred in the city of Canby where the city closed liquor store operations in 1989 and suffered a loss through the sale or the fixed assets. Five cities reported closing their liquor store operations, as compared to six in 1988, and eleven in 1987. Fifty -nine cities have closed their municipal liquor store operations since 1984. 0 A summary of city liquor store operations and a listing of store operations follow: August 30, 1990 325"7 Summary of 1989 City Liquor Store Operations Number of cities with on -sale and off -sale stores: 185 193 3A56 Amount Amount Percent of Sales 1989 1988 1989 1988 Sales $ 57,000,114 S 60,389,637 100.0 100.0 Cost of sales 34,061,686 36,655,837 59.8 60.7 Gross profit 22,938,428 23,733,800 40.2 39.3 Operating expense 20,10 21,452,327 35.3 35.5 Income from operations 2,831 ,063 2,281,473 5.0 3.8 Nonoperating revenues 1,927,347 1,773,146 3.4 2.9 Nonoperating expenses 217,042 274,488 0.4 0.5 Net income before transfers 4,541,368 3,780,131 810 6.3 Transfers to other city funds 3,148,871 3,307,712 --- --- sazz =sacnaa :a:s = =saazana szsasssass sxss: =sxs:sm sass==: Number of cities with off -sale only: 99 97 Amount Amount Percent of Sales 1989 1988 1989 1988 Sales $ 79,532,868 $ 75,019,988 100.0 100.0 Cost of sales 61,048,161 57,907,721 76.8 77.2 Gross profit 18,484,707 17,112,267 23.2 22.8 Operating expense 13,138,718 12,120,652 16.5 16.2 Income from operations 5,345,989 4,991,615 6.7 6.7 Nonoperating revenues 1,322,956 1,350,131 1.7 1.8 Nonoperating expenses 285,476 239,374 0.4 0.3 Net income before transfers 6,383,46= 6,102,372 8.0 8.1 Transfers to other city funds 4,990,880 4,976,449 - -- - -- sc= rssa=== c= z= .== .es =c =see aecazazzz == sz = =z :azss ssxasea ssssasx Total cities operating liquor stores: 284 290 Amount Amount Percent of Sales 1989 1988 1989 1988 Sales $ 136,532,982 $ 135 409,625 100.0 100.0 Cost of sales 95,109,847 94,563,558 69.7 69.8 Gross profit 41,423,135 40,846,067 30.3 30.2 Operating expense 33,246.Oe3 33,572,979 24.4 24.8 Income from operations 8,177,052 7,273,088 6.0 5.4 Nonoperating revenues 3,250,303 3,123.277 2.4 2.3 Nonoperating 3xpenses 502,518 513,862 0.4 0.4 Net income before transfers 10.924 9,882,503 8.0 7.3 Transfers to other city funds 8.139.751 8,284,161 - -- - -- s = aeec= ec= z= c= xzreca; . z z=== ^acsc� sec= =asxs¢ aaczaa sszasss 3A56 12 10 8 8 4 2 E CITY LIQUOR STORES NET INCOME Millions ® On -sale and off -sale ® 0' a only stores 345 1985 '14186 1987 I X988 1989 Patel rand annual Mullis a it" 1,11114 ant 1/061101 • file Mt llfai 114:11111 "Intl" 1l1�1j1 1 $4u It 11,119 111 14,111 1,01 61.111 11,111 111,111 a,lil 11,01 1,114 IH ,1lf 19.141 411,149 11,111 11,311 14,141 ft, 111 11,14! 111,111 11,111 11,411 1,211 11,111 •1,919 11,114 31,111 $#.lit 1,111 11,114 Meet 111x1 AUILW 111.1111 mmillin act if flat) Jiettim stations .JIIIIL_ jM tills el0e .... 41,111 11.11 4.111 1,600 .... 1.111 4.11 3,111 11,433 .... If. lit 1.11 11of1 x,111 11.1! It, 111 /.NI 34.114 14.413 1.41 11.14f 1.191 ..,. 11.411 6.13 3."$ 6.111 16,113 1.91 41,101 11,189 41 111,111 1.11 331,111 4,111 .... 11.111 9.11 .. . 14.411 .... 31,111 1.19 fall its .... 11,101 1.11 1 .... 1,111 3.11 1.641 .... •1.111 -1.11 14.411 976 11,111 1,11 31.111 1.311 .... 9,111 1.11 ... 1 {,611 1.11 11.111 tal 1.161 11,111 iat• Ntl• 11,141 a/f of 11,111 /tf a flat If till fill 11 still an UM Iltl! 14.100 � tai 11 1 off 1131 t. 914 111,111 111,111 1111111 19.14 4111 of rate aft its 0.111 41,411 14.104 N.l$ wits of sue 041 3.041 01.111 411 11/,01 11.11 Metal a I off 011 01 111,113 116.161 81 44.81 111149041 Ill ate nit 10141 I,Mi.ui !,112,111 01.114 14.81 11191 a 1 oft 1111 all 111.611 11,611 11,141 16.11 "oil fit Ina 031 11,441 011.611 1.601.491 " 1.111 M.ti liar Illiet off 6111 "if 11,111 1.111,141 1,111,944 111.100 11.11 I1R111! at 1111 Nil 1.811 14 4,611 111,111 11,01 11.41 1/11111/1 n 6 off i14 1,01 111,111 IT /,041 Ill.t41 11.11 &filial a 1 off late 116 111,111 191,111 111,111 0.11 Itlti 01 I 1,161 114 111,111 111,611 61,01 11.11 111111 a 4 lt IM 11! !11,411 181,111 11,911 41.41 111111 off 1114 flat 1,111 141,111 111,111 111,111 11.11 1161111 11 1 all out 111 111,114 111,111 11,111 41.11 11111111111 off out lilt 1,111 149,111 11l.11l 51,111 ".33 usage 111 off $ALI $41 11/,411 111.111 111,166 44.61 W1 1411 off tau out 114 113.491 191,119 49,111 11.11 Illllftl 11 1 off sltl 1.111 fai 141,111 311,111 was 1111 :1 111 a $ off Till 111 111,111 n.nt 111,441 11.11 allies cello If 1 111 6131 149 111.911 11,111 11,111 41.11 IIt6114111 111 off ant 161 411,911 11.914 69.01 0.61 lutist II a of Sue age 111.111 61.1) $5.111 49.4 &41.611 141 1141 out 11,111 1.14,111 1.161.916 $41,191 16.16 $$also 111111lite 0.711 1,811 611.111 141.141 111,949 0.49 111111 11 I off 1431 age 111,i1f 0,141 49.121 41.99 14 full $I 1 In ate Ill 111 491.119 119110 11 ,1it 49.11 126 till it? 1411 Ott 1.11! 671.10 111.111 111,lit 11.11 1161411 11 I oil Me ill 111.611 111.1% 11,013 14.11 fiscal II I off 1161 tat 114,111 111,111 111,141 41.11 Itltl#ICI 11 a off out 1st 111,164 111,011 111,611 36.11 1611 11111 off out flat 4.161 419,119 111.111 131.169 11.16 fill 11 I off 1414 111 111.111 11,111 11,116 41.11 911111 Ill MI lift 611 :11,141 119.1) Will 16.11 Illag/l $I 1 Ill Sue 141 111,111 1:1.111 11,111 ".1s lllllill Ciotti off out $Off 11,121 1.411,111 I,I41,eta 141,111 11.11 11111111111 10 1 Iff late 113 111,111 111,111 111,611 44.1 liens 144111 11 A 111 fill 811 111311 111,111 li $1.19 11111111 of a off lite eel 111,411 141,111 111,111 $4.11 111111,4 off 14" flit 4.114 1,111, ?J! 110,111 111,116 14.61 IIf11U 6111 II a off Iltl 191 111,111 141,111 11,111 11.11 4111111111 off out flN 171 111,114 111,143 11,46: 33.11 hill 41 I off ate 1.14 111,911 #01,114 131411 14.94 (1116111 of late &lit 2,111 111.111 161,141 It,lil 14.11 1111111 of 6 Ill Ili! 311 211,111 141.111 91,111 19.11 111113:61 aft $ate flit 1,491 1,14,113 111,111 311,911 11.91 ( of Ill 11$$ flit 111 1,971 11.xl 31,49 •1,111 •11.49 (1161 ratio Iff flit sell 0,117 1411411 16.011 11.441 11.91 Ciotti off !all fell 111 11,161 62.411 11,161 11.11 t111►1ll off lite /tat 11,01 1011,441 111.411 311 ,1 I1.0 tlllsoelt 11 a Ill late sit 41.131 11161 11,111 $1.16 1411114 11 A Il1 lite 441 311.811 111, 41611 11.19 1111111011 11 1 111 114 If! :ft,166 111,111 111,111 $2.11 (61191f1 11 1 off :all fit 116,110 61,14 11,111 fill] (ItIt111 All I fit ate 114 111,941 11.101 $0.911 41.4 Walter 11 a off fall 111 141,111 11,911 Wlit 0.91 CRIII /A 11141}1 off Me Ili{ 11,1/1 1 31111,461 $11,111 11.31 tittle it a off Ms lee 113,611 I9,141 13,911 17.11 cell to I alt fill lit 111,116 111,111 111,616 17.14 cltfel /001 11 a off late 10 113,111 111,131 611191 16.11 c111191t 11 i off We lit 111,114 111,111 12,111 41.11 41111{ 11 A air 1111 111 111,44 tl,all 61,341 31.11 111101 off fall 161f all 121,.4 91,41 11,611 12.31 111111 11 I off ant 192 319.114 14.613 11,161 was $ Allies #1 A off Me elf 111,169 11,111 I6,114 41.11 111111 off lots 4114? lag 211,114 114.10 de 13.11 Iloilo off $us Ill{ 1,964 111,411 111,111 44,611 14.4 of fell? 11 1 off slat 111 t41e11 11.111 41,191 wn 16111001 Is I off 4fi all 21j,116 191,111 111,111 31.11 I1t110 11111111" 1 611,111 414,661 111,111 11.40 :fSitll 01 1 Off 3411 311 111.193 11.741 il,lif 19.11 1411 off fill 190 111 11111al 111.177 111911 11.43 4,1019 11111 Ira 1141 00 1,111 1,414,111 1,111,699 311,416 11.11 4114 11 1 off 4116 113 11,111 43.141 41,1#1 41.21 1A6:1 1911 11 A off it" sea 141,113 111,111 11,111 61.49 1111 1111111 Iff fill Iltt 14,111 3,111,111 1,011,111 111,111 11.11 ::111 off 1161 1311 wits 6,111,41 1,114,111 6.1 11.11 11111 tilt off 1111 lag? 11161 111,111 111,611 Wait 11,11 94111 111 off lilt 191 111,476 171,417 61,111 31.49 1011141 Ill all! fill lea 144,101 119,911 14,111 13.13 1.1 11111 all fill 1961 1,111 1,111111 1,111411 111111 11.11 Itttl#1tl 11 I off lilt 471 111,111 111,111 4,111 11.11 ittlt0111 11 A Ifi 411 611 111,411 11,111 11,111 41.16 111111 off MI soft 411 111.414 1t.116 31,111 11.11 441( of lite H0 Ill 116.111 111,111 17,111 4.11 4111 111 off tut 411 1,101 41,111 11,114 4.111 Mat Mt llfai 114:11111 "Intl" 1l1�1j1 1 $4u It 11,119 111 14,111 1,01 61.111 11,111 111,111 a,lil 11,01 1,114 IH ,1lf 19.141 411,149 11,111 11,311 14,141 ft, 111 11,14! 111,111 11,111 11,411 1,211 11,111 •1,919 11,114 31,111 $#.lit 1,111 11,114 Meet 111x1 AUILW 111.1111 mmillin act if flat) Jiettim stations .JIIIIL_ jM tills el0e .... 41,111 11.11 4.111 1,600 .... 1.111 4.11 3,111 11,433 .... If. lit 1.11 11of1 x,111 11.1! It, 111 /.NI 34.114 14.413 1.41 11.14f 1.191 ..,. 11.411 6.13 3."$ 6.111 16,113 1.91 41,101 11,189 41 111,111 1.11 331,111 4,111 .... 11.111 9.11 .. . 14.411 .... 31,111 1.19 fall its .... 11,101 1.11 1 .... 1,111 3.11 1.641 .... •1.111 -1.11 14.411 976 11,111 1,11 31.111 1.311 .... 9,111 1.11 ... 1 {,611 1.11 11.111 tal 1.161 11,111 .... 11,141 41,161 11,111 off It,1s1 111,94 11,111 14.100 71,111 11.741 ti 11,111 .... 11,111 61,149 •1,411 $64 .... •1,711 49.149 •11.111 11.41 .... 1,111 44.611 •491 6.111 .... 1,141 "1113 161.1" 11111 .... 111,!11 111.111 11.14 9.601 .... 14,119 li 11.141 1,911 .... 11,211 11,41 18,114 .... .... 11.114 111,01 0.141 1.411 1.416 49,411 4,161 11,169 1,111 19,114 11,111 4.111 11,117 111 49,121 114,111 11,111 11.111 1,14 11,91! 91,111 41, 911 11 .. 41,141 11,111 •311 111 1,114 •111 41,616 14.111 1.911 .... 16,147 11.10 1,111 11,111 11, 491 411,113 111,111 11.111 11.111 11212!1 111,191 1,161 1,111 .... 11,111 11.111 11,414 1,121 .... 21,114 111,111 1114 9,013 .... 11,19 111,111 141,111 1,611 161.191 11,114 17.116 4,101 11.161 31,161 11.111 2,211 .... 41,419 M1197 111414 1,111 :.111 11.42 44,101 •21410 -2,119 19,411 1,714 9.611 1,141 1.111 111,112 13.110 I,Itf 91.411 1,111 •1,011 Its 1!,111 (2,111 41,191 •11,111 11,111 11,111 11 1 1.111 0,41 114,297 114.111 Wall .... it 11.046 1,106 .... .... 1.46 147,679 1.014 4.101 .... 1, all 01,941 11 1,111 19.127 #1,111 $41 1.111 Its 7,111 fi,e14 •4.991 1,61: 4 1/419 11,111 1,141 11,111 411,111 211,117 11,171 1,134 1#1,111 0.711 1,24 1.91: ,... 11,141 111.191 66.134 1,401 .... 11,!11 11,011 lit 1,411 1,112 16,911 11,111 1,171 141 11,411 11,411 1,x11 MIS 1,412 1,119 11.114 !U 1,41 .... 11614 71,41 1,111 1,111 1:11 11,111 0,163 111 1.111 41,111 ",111 flood .... 11,114 41,111 1,111 3,146 1,117 11,641 6,141 61244 "1.919 11 1.161 111 21,14 110141 11 11,411 11,414 !1,111 $$.411 -1.114 1,14 .... 4.111 11.141 1,7 lid 1,114 1111,14{ 161.111 11,140 1,141 111,111 41.414 1.411 1,111 .... 11111 11,941 4,414 4.111 .... 14,442 111,112 132,#11 11,161 141,111 79,31! 111,41 1,111 111,112 41,119 1 1,111 .... 1,111 11,411 •1,14 1,614 .... •171 11,111 114 1,111 .... 11111 221,111 14149 19,141 .,. 111011 11,111 1.411 oi,ill foe 11,142 41,911 1,111 It'll? .... 13,611 i1, 141 11111 181 2,141 11,119 4.121 1,111 all 41111 )lolls •11,111 Most 1,111 4,412 U49 11,111 11.11 I :,Ifi If.11 •1. J7 1.11 4.111 41.94 1:2.491 1.41 .... 13.47 t.N 41.111 1.11 a 414 1.4 :, 14.14 Wood 11.90 !1.11t •1.41 11.11 :. 11 1.11 Ill too 1.14 7,111 14.64 1.1t 14.14 141 11: 5 11 919 1.11 1.79 24.411 -1.15 1.41 11.111 1.97 11,I1c n.�9t 16.11 3.If 6.17 74.961 1.19 1.14 6.979 11.12 i.#1 1.... 1.11 .. 9.If 1.11 69.14 1.11 1 too 11.4 4.111 ►.2s )ter 1.11 11,114 1.11 •7.414 1.19 2.1tt 5.11 1.416 121 Wall 1.11 .... 4.41 17,41 1.11 Watt 12.19 11,111 1.1t 11.114 1.10 17.11 I /l. il: 1.11 1.11: 14.41 I.Irc f.1S 11S,Ic1 4.64 10t,1t4 1.11 21.14, IS 1 iI • • ;t�4 141,111 23. 14 111114 41.41 1.13 110.19 1! u 3 al. 0 11111.1t Itelltl lltillilllt Ytteill of Oft uoill ttlll 1111/111/1 - 1119 11.11 Mot 11 It 4211 (1.11 9t .14 41.41 it. Is 21.11 60.17 4i'll 19.11 11.11 17.11 11.14 41.11 60.41 12.'•11 13.11 29.11 )1.16 11.11 Is. if $1.11 11,111 41. )1 47,19 11.12 14.11 34,91 49.67 41.37 43.15 }3.!I 11.11 31.11 21.11 11 74 49.11 I7 IS 22 47 49.79 11.11 41.11 11 II 21 41 II U 31 fl 41.21 37.}11 }1.11 41 11 111 If 111 37.1+ IS It 1 11 It It 11 11 11 tf 11 1►fflTllc It? IICl11 ti Ulfll! 111!11 111lff111 t01•fill 11111111; 1411111JS21t fit If 01111 11111111 latest_ 1111111 110111 Am lilt$ 119, 1st It, 112 17,711 4.11 1.- IfI.ItS 111.111 11,111 111,111 11.11 111. 1lt 112,141 21,1!9 14 IN 11,141 1, 11 11.111 260,141 Ill,!)} 1/,111 11,411 111111{ f. 71 19,to1 11.113 •1.11 },211 ..., •111 •1.11 ... t1,ffS 1.111 1,111 1,111 3.12 1,112 11,147 1,711 11 .... 11,111 11.11 .. 111. •J 1, 111 I1, 111 .... •1,115 •1.11 •1.111 11,111 •1.11? 1,111 .... •1.160 •1. II .. 111.471 2,11! 1.111 .... ILiSt 1.12 .. 11,111 •I1 .160 11,171 .... 60,711 U IS 1,110 217. /SJ •11,1{1 1 1 •)2,111 •1.51 ... 411,171 11,111 11,111 120 11,271 1.91 14 MC 4.415 111 .... 211 1 14 11.102 13,11: 117 .... 41,119 If, I6 15,111 14,171 1,119 ...1 31,11 7.11 51.102 01 11,71 2,111 .... 21,121 1.71 .. 11,174 5,111 1,111 .... 11,124 1.)1 29,711 67.94) -s,:•1 13,111 114 1,111 i.it 119 111.461 •3,111 4,117 .... 1,429 1.11 -... 19,60, 1,111 J,I16 .... 5,211 1.11 S1, 491 61,111 4,1:1 .,.. 11,416 I /.0s 11.111 11,171 1,141 21,111 .... 11,121 1.42 41,711 119, +s •11.267 2!.117 1,17 111,1 11,11 12,4{9 1,111 61,117 1,1 :1 11,119 •1,116 16,212 721 11,711 -1,672 11.211 4.111 11 •11,177 01,112 4,121 41.111 - 11,111 111,147 11,415 79,411 4.141 fl,499 21,791 (1,171 124 11,911 22,911 161,151 61,111 111,115 111,171 11,121 11 .11S 141,711 14,611 71,141 21,111 71,li1 11,145 1),160 16,1)1 47,711 26,111 61,15? M629 41,110 •11,617 11.941 11.111 111,111 l{, 671 17.111 •1,71{ SI.S49 3,711 11,604 4,114 91,125 •1,411 21.111 -lit 2t7 22.791 57,511 �I 111591 1,717 519,921 111. UI Will 16.606 111.111 16,141 41,177 •1,1:1 11,111 11,117 161,111 11,121 121,130 5,111 11,111 11,121 119.701 11.141 11,126 1),27' 17,471 .: 111 62,141 111,111 $1,1 11.221 16,211 71,111 5,911 41,111 1.:15 19,115 11,111 51.11, 4.115 91.12' t -111 IIL 1:' •1.7'1 112,115 1.11: 111.711 11.111 91,111 I, sal II,7N 11: 161 11111 .... I'VI 11,114 .... •11,111 oil .... 1,191 11,111 .... 11,111 11,1116 .... I1. {311 i 111 .... 11,419 1 1,116 1,171 .... 7,111 1,111 •1,111 1,111 1,111 I9,6fI 1,{11 1.471 ),111 .... •1,511 16,fil .... 11,15{ 1,721 1.114 11,71? 1,111 .,.. I,149 1,609 1,111 11,611 11,111 .... 11,116 1,S11 ..,. 116.119 3.111 .... 11,111 21,360 1,519 13.179 2,111 11,491 111 .... ISMS 1,190 ... Will 1,311 111 11,111 I1, 411 11,7111 .... 17,124 1,611 11196 ISMS .... 11 •1,113 1,171 .... 11.111 I 21711 1 1.111 1,151 •1,:31 1,166 .... 11,914 6,171 11 61I1 1,171 .... 1,11 49,121 14 271,611 4,111 .. 11.211 11,191 .... 11,111 1,121 .... 1,619 4.711 .. 11 1(,111 111 11,131 ilia 11,411 .... .... 11,111 14,111 111 19,419 1.921 311 21 ,711 19,174 11.111 11.161 41.117 111,11? 1,11! 11.11: 21,141 .... 41,511 11.1!1 11,311 7,117 1,111 1.11: 2.191 21,I)l 1.111 .... 7.1:1 11.11, to 11.197 1 :.111 1.111 7'.117 1,111 H NI P 111 11.1)1 41,411 141.111 I. SS 11.11 11. IS 1. t/ -1.51 f.1f u .1t I. }s •f.iS 1.11 f.11 1 A 12.11 11.11 9.14 1l .21 11.11 I1.1! 1.11 9.11 I.fl It. 12 I1. 19 1.16 4.11 -2.47 11.{1 1.11 1.14 •1.11 1.11 241 1.15 1 111 1.15 1.41 10.91 1.11 3.14 I,tl 11.91 u s. L if 1/ 11 tl !! it 1 11! 1 Is s 1 9 1 {1 19' II I4 1 li nl am HE OR ME Ism 0 RM If .11 r:.lsl •n.lec 11 414 it lot 111.166 11,110 I.I :1 7 If I$ .Ic: Il Icc J1 Itt 3a6/ Millet off late Mt• Me- Colt If stilt flfflL 191 If falMM tjtLw t till If 17111 Wg UM lease Illtl 11f111 Itlii In.411 16111► of 1 off all$ 1,11: 114.111 $41,117 111,491 Il.if 91,111 fflplll Oil lilt I111 11311 1,114,461 113,41 111,121 If. 12 116,114 tltlilat:. 11191! fltN Ifl Ifal Iff fill Ill! 111,1 I,lof 11.10 stl,off I,i1111f1 $11.149 1,111.101 111,411 111,112 14.14 11.11 1111111 If 1 Ito late 111 191,111 111,160 11.11H 41.11 Illltt full 11f91 lilts 11 6 off $111 Ill 111,111 11,111 11,111 41.11 N 1 off 1111,//110 11 6 off fill 111 111,111 110,111 111,116 41.11 1111 MIS1119 11 4 oaf Otto 111 1311,134 65,149 11,111 11.41 1,111 111111101 11 I off 1111 121 In 111,111 111.149 01,111 11.01 144.111 11111111 11 a Ill 1111 oft tef•111 19.11( Will 44.11 11,111 Matta 11 I Off IW 1,611 111.441 141.911 111.111 41.11 11,111 follt /11 II 1 off lilt III He 119.111 11.341 11,114 12.14 111111 11 I off 1411 1,111 111,111 141 111 60.19 161110123 111YU1 off fill fell 19,116 1,113 M 1,111,111 111,117 11.11 11 I off fill $11 1111 6111 111 11,171 11 1,111 19.14 site /Ite little 11 a Off felt 111 161 141,111 111,144 11.11 11,111 $tittle off Ill! 1111 4,114 414,111 111.311 114,161 21.21 111,111 91111/01 off 1111 sell I,lof 111,911 111,111 111,161 21.21 111,111 601111/ 11 a off 1191 111 311,101 141.111 '1,111 11.11 1t. Ill 111111151 of 4 oft $111 111 :16,101 11,117 41 41.01 91011I11 11 I off Ill! 1,191 111,111 111,111 111,111 11.11 HIM 9111111&41 of I off Ofll 111 1611111 11,117 91,421 11.01 0l 4 off 91111 11111! off fail 1111 1,111 611,114 416,611 111,111 11.11 IfiI 11111111 fatal off out Ill! 1,111 It1,111 314,111 17,941 12.11 11.11 Mot 11 It 4211 (1.11 9t .14 41.41 it. Is 21.11 60.17 4i'll 19.11 11.11 17.11 11.14 41.11 60.41 12.'•11 13.11 29.11 )1.16 11.11 Is. if $1.11 11,111 41. )1 47,19 11.12 14.11 34,91 49.67 41.37 43.15 }3.!I 11.11 31.11 21.11 11 74 49.11 I7 IS 22 47 49.79 11.11 41.11 11 II 21 41 II U 31 fl 41.21 37.}11 }1.11 41 11 111 If 111 37.1+ IS It 1 11 It It 11 11 11 tf 11 1►fflTllc It? IICl11 ti Ulfll! 111!11 111lff111 t01•fill 11111111; 1411111JS21t fit If 01111 11111111 latest_ 1111111 110111 Am lilt$ 119, 1st It, 112 17,711 4.11 1.- IfI.ItS 111.111 11,111 111,111 11.11 111. 1lt 112,141 21,1!9 14 IN 11,141 1, 11 11.111 260,141 Ill,!)} 1/,111 11,411 111111{ f. 71 19,to1 11.113 •1.11 },211 ..., •111 •1.11 ... t1,ffS 1.111 1,111 1,111 3.12 1,112 11,147 1,711 11 .... 11,111 11.11 .. 111. •J 1, 111 I1, 111 .... •1,115 •1.11 •1.111 11,111 •1.11? 1,111 .... •1.160 •1. II .. 111.471 2,11! 1.111 .... ILiSt 1.12 .. 11,111 •I1 .160 11,171 .... 60,711 U IS 1,110 217. /SJ •11,1{1 1 1 •)2,111 •1.51 ... 411,171 11,111 11,111 120 11,271 1.91 14 MC 4.415 111 .... 211 1 14 11.102 13,11: 117 .... 41,119 If, I6 15,111 14,171 1,119 ...1 31,11 7.11 51.102 01 11,71 2,111 .... 21,121 1.71 .. 11,174 5,111 1,111 .... 11,124 1.)1 29,711 67.94) -s,:•1 13,111 114 1,111 i.it 119 111.461 •3,111 4,117 .... 1,429 1.11 -... 19,60, 1,111 J,I16 .... 5,211 1.11 S1, 491 61,111 4,1:1 .,.. 11,416 I /.0s 11.111 11,171 1,141 21,111 .... 11,121 1.42 41,711 119, +s •11.267 2!.117 1,17 111,1 11,11 12,4{9 1,111 61,117 1,1 :1 11,119 •1,116 16,212 721 11,711 -1,672 11.211 4.111 11 •11,177 01,112 4,121 41.111 - 11,111 111,147 11,415 79,411 4.141 fl,499 21,791 (1,171 124 11,911 22,911 161,151 61,111 111,115 111,171 11,121 11 .11S 141,711 14,611 71,141 21,111 71,li1 11,145 1),160 16,1)1 47,711 26,111 61,15? M629 41,110 •11,617 11.941 11.111 111,111 l{, 671 17.111 •1,71{ SI.S49 3,711 11,604 4,114 91,125 •1,411 21.111 -lit 2t7 22.791 57,511 �I 111591 1,717 519,921 111. UI Will 16.606 111.111 16,141 41,177 •1,1:1 11,111 11,117 161,111 11,121 121,130 5,111 11,111 11,121 119.701 11.141 11,126 1),27' 17,471 .: 111 62,141 111,111 $1,1 11.221 16,211 71,111 5,911 41,111 1.:15 19,115 11,111 51.11, 4.115 91.12' t -111 IIL 1:' •1.7'1 112,115 1.11: 111.711 11.111 91,111 I, sal II,7N 11: 161 11111 .... I'VI 11,114 .... •11,111 oil .... 1,191 11,111 .... 11,111 11,1116 .... I1. {311 i 111 .... 11,419 1 1,116 1,171 .... 7,111 1,111 •1,111 1,111 1,111 I9,6fI 1,{11 1.471 ),111 .... •1,511 16,fil .... 11,15{ 1,721 1.114 11,71? 1,111 .,.. I,149 1,609 1,111 11,611 11,111 .... 11,116 1,S11 ..,. 116.119 3.111 .... 11,111 21,360 1,519 13.179 2,111 11,491 111 .... ISMS 1,190 ... Will 1,311 111 11,111 I1, 411 11,7111 .... 17,124 1,611 11196 ISMS .... 11 •1,113 1,171 .... 11.111 I 21711 1 1.111 1,151 •1,:31 1,166 .... 11,914 6,171 11 61I1 1,171 .... 1,11 49,121 14 271,611 4,111 .. 11.211 11,191 .... 11,111 1,121 .... 1,619 4.711 .. 11 1(,111 111 11,131 ilia 11,411 .... .... 11,111 14,111 111 19,419 1.921 311 21 ,711 19,174 11.111 11.161 41.117 111,11? 1,11! 11.11: 21,141 .... 41,511 11.1!1 11,311 7,117 1,111 1.11: 2.191 21,I)l 1.111 .... 7.1:1 11.11, to 11.197 1 :.111 1.111 7'.117 1,111 H NI P 111 11.1)1 41,411 141.111 I. SS 11.11 11. IS 1. t/ -1.51 f.1f u .1t I. }s •f.iS 1.11 f.11 1 A 12.11 11.11 9.14 1l .21 11.11 I1.1! 1.11 9.11 I.fl It. 12 I1. 19 1.16 4.11 -2.47 11.{1 1.11 1.14 •1.11 1.11 241 1.15 1 111 1.15 1.41 10.91 1.11 3.14 I,tl 11.91 u s. L if 1/ 11 tl !! it 1 11! 1 Is s 1 9 1 {1 19' II I4 1 li nl am HE OR ME Ism 0 RM If .11 r:.lsl •n.lec 11 414 it lot 111.166 11,110 I.I :1 7 If I$ .Ic: Il Icc J1 Itt 3a6/ Millet off late flat 111 111 falMM 111 off lilt 141 In.411 111,111 11,171 11111 till off fill Ill! 110 116,111 91,111 11.911 lltttllltt of I Iff fete (01 Ito 111,911 101,111 116,114 16111f 11 6 off flat 111 111,911 a). In allies little[ 11 1 off Mae 111 111,666 111111 61,911 Illltt full of I off Sul 114 111.111 it. Ito 51,111 111611 N 1 off tilt 461 111,01 lil,lit 11,114 1111111 off site 1111 I'm 113,911 11,911 11,119 fillet off site 111111 1,111 111,041 01,60! 11,617 191811 II I off late off 144.111 11,141 71,161 falls till 11 I Ito Ill! lot its. :41 11,111 14,119 Ili&$ of 1 off late lit 11,111 11,111 11,111 Mittel is I off lets oil 116,161 111.141 111 11tt11f1& t1 4 off 1131 Ill 111,111 111.601 13,111 161110123 la 1 Iff late 111 111.497 111,111 111119t 11:1,1111 11 I off late 111 1111144 14,171 63,191 111!111 111111 Ill! 11 4 Iff 11 f Iff site /Ite 1,111 1,111 116,111 114,111 Ill,))) 111,11) 111,951 MM; Isf9fif411 off 1111 tit? 11,111 1,111,191 111,111 111,131 111111 off IM MI 1,014 111,111 171,111 117,111 Ills 11 1 off 1111 111 SWISS 111,111 191,191 1111111 11 1 off NN M 111,111 i11,606 1t. Ill 1111611 off Sill #ILII 1.117 m. Ill 111,111 91,)21 111111 11 I off felt ill lot. all 141.411 11,191 HIM off MI flat 1,111 111,923 419.111 141113 11141111 0l 4 off Ills 114 1111111 111,111 19,116 If"$&$ 11 6 Ili IfiI US 12f,111 61,141 17.111 1118114100 of 1 011 site all 161.611 is, Ill 91,611 lilies $1 4 off sill 1,111 111,111 111.111 114,141 9111111 off fate oltt 611 11,991 41,171 11,114 141/11111 01 6 91 felt oil 111,616 09,114 111161 Lilt 111111 11 f off lilt Ill m, Ill 11%lit 07,111 tilt t1t1111, to I off OIL$ 1,111 110.114 111,111 911111 till 11&4111 111 flit nit lit 1111471 17,111 13.367 list fill IS I oil late Tit 161,111 11{,160 lit, 791 "to 111,111 /9 6 Off IIN l)1 111,114 M. 911 47,111 affiliate Nf Illl fell 1,114 1111111 1111111 10,141 1/11/1141 off IIN $111 31,111 1,111,111 1,114,121 1 }1,116 lliti/M 11 i off site !fa 113,711 1 1,111 it, it1 is 911111 11 1 off sill 1,917 111,117 179,114 141,121 Mot off slat Ill! 111 111.111 111,111 I1, 191 91111 /late M 1 off 1111 oft 1111611 it, 111 61,171 111116767 Off $M flit 1,111 lit, Ito 711.911 111,111 1111it111 of I off lilt 11166 111,111 111,111 lit, 119 6011011 11 I off felt 111 111,941 61,111 42,161 a19t711111 off late MI 61111 111,111 121,11{ 111,111 111960/011 11 I ifi alt sit 141.111 111,641 If 1)1 tilt 1111111 off Ills slat 1,101 115,911 111311 tli.l71 1116/11,11 11 6 off ale 111 111 111.111 lit,M 211,411 &$plats of I Iff fail 1,111 116,601 112473 111.131 &111111 off Ill! flit $1114 114,111 its, US 11,411 1141 11 1 off lilt H$ 111,111 111,114 11,711 ISM 41 f Iff fill 141 111.129 111,11 44,111 1111111 679 fail 1147 1,111 111,111 111,471 19,!(1 fill Ito off !611 67&1 1,111 111.411 lit '111 49,111 1111!11 &161 11 11 ► 91 11& 671 1i1,1 114.101 14.111 11111111 11 1111 Ulf I,IIf 1ti,491 2 /1.111 NI,{SI 111TOIIf&(/ 11 1 off late 111 111,10 111.711 111,16' 11 &►it 11 I off 11&1 I,I49 111,172 111.611 114,911 11111f11 61 a 171 Otto 1,111 119.411 111,131 91,0 1111116( Off 1111 SOLI 11,111 1.111,111 1,416,11t 111,114 11.11 Mot 11 It 4211 (1.11 9t .14 41.41 it. Is 21.11 60.17 4i'll 19.11 11.11 17.11 11.14 41.11 60.41 12.'•11 13.11 29.11 )1.16 11.11 Is. if $1.11 11,111 41. )1 47,19 11.12 14.11 34,91 49.67 41.37 43.15 }3.!I 11.11 31.11 21.11 11 74 49.11 I7 IS 22 47 49.79 11.11 41.11 11 II 21 41 II U 31 fl 41.21 37.}11 }1.11 41 11 111 If 111 37.1+ IS It 1 11 It It 11 11 11 tf 11 1►fflTllc It? IICl11 ti Ulfll! 111!11 111lff111 t01•fill 11111111; 1411111JS21t fit If 01111 11111111 latest_ 1111111 110111 Am lilt$ 119, 1st It, 112 17,711 4.11 1.- IfI.ItS 111.111 11,111 111,111 11.11 111. 1lt 112,141 21,1!9 14 IN 11,141 1, 11 11.111 260,141 Ill,!)} 1/,111 11,411 111111{ f. 71 19,to1 11.113 •1.11 },211 ..., •111 •1.11 ... t1,ffS 1.111 1,111 1,111 3.12 1,112 11,147 1,711 11 .... 11,111 11.11 .. 111. •J 1, 111 I1, 111 .... •1,115 •1.11 •1.111 11,111 •1.11? 1,111 .... •1.160 •1. II .. 111.471 2,11! 1.111 .... ILiSt 1.12 .. 11,111 •I1 .160 11,171 .... 60,711 U IS 1,110 217. /SJ •11,1{1 1 1 •)2,111 •1.51 ... 411,171 11,111 11,111 120 11,271 1.91 14 MC 4.415 111 .... 211 1 14 11.102 13,11: 117 .... 41,119 If, I6 15,111 14,171 1,119 ...1 31,11 7.11 51.102 01 11,71 2,111 .... 21,121 1.71 .. 11,174 5,111 1,111 .... 11,124 1.)1 29,711 67.94) -s,:•1 13,111 114 1,111 i.it 119 111.461 •3,111 4,117 .... 1,429 1.11 -... 19,60, 1,111 J,I16 .... 5,211 1.11 S1, 491 61,111 4,1:1 .,.. 11,416 I /.0s 11.111 11,171 1,141 21,111 .... 11,121 1.42 41,711 119, +s •11.267 2!.117 1,17 111,1 11,11 12,4{9 1,111 61,117 1,1 :1 11,119 •1,116 16,212 721 11,711 -1,672 11.211 4.111 11 •11,177 01,112 4,121 41.111 - 11,111 111,147 11,415 79,411 4.141 fl,499 21,791 (1,171 124 11,911 22,911 161,151 61,111 111,115 111,171 11,121 11 .11S 141,711 14,611 71,141 21,111 71,li1 11,145 1),160 16,1)1 47,711 26,111 61,15? M629 41,110 •11,617 11.941 11.111 111,111 l{, 671 17.111 •1,71{ SI.S49 3,711 11,604 4,114 91,125 •1,411 21.111 -lit 2t7 22.791 57,511 �I 111591 1,717 519,921 111. UI Will 16.606 111.111 16,141 41,177 •1,1:1 11,111 11,117 161,111 11,121 121,130 5,111 11,111 11,121 119.701 11.141 11,126 1),27' 17,471 .: 111 62,141 111,111 $1,1 11.221 16,211 71,111 5,911 41,111 1.:15 19,115 11,111 51.11, 4.115 91.12' t -111 IIL 1:' •1.7'1 112,115 1.11: 111.711 11.111 91,111 I, sal II,7N 11: 161 11111 .... I'VI 11,114 .... •11,111 oil .... 1,191 11,111 .... 11,111 11,1116 .... I1. {311 i 111 .... 11,419 1 1,116 1,171 .... 7,111 1,111 •1,111 1,111 1,111 I9,6fI 1,{11 1.471 ),111 .... •1,511 16,fil .... 11,15{ 1,721 1.114 11,71? 1,111 .,.. I,149 1,609 1,111 11,611 11,111 .... 11,116 1,S11 ..,. 116.119 3.111 .... 11,111 21,360 1,519 13.179 2,111 11,491 111 .... ISMS 1,190 ... Will 1,311 111 11,111 I1, 411 11,7111 .... 17,124 1,611 11196 ISMS .... 11 •1,113 1,171 .... 11.111 I 21711 1 1.111 1,151 •1,:31 1,166 .... 11,914 6,171 11 61I1 1,171 .... 1,11 49,121 14 271,611 4,111 .. 11.211 11,191 .... 11,111 1,121 .... 1,619 4.711 .. 11 1(,111 111 11,131 ilia 11,411 .... .... 11,111 14,111 111 19,419 1.921 311 21 ,711 19,174 11.111 11.161 41.117 111,11? 1,11! 11.11: 21,141 .... 41,511 11.1!1 11,311 7,117 1,111 1.11: 2.191 21,I)l 1.111 .... 7.1:1 11.11, to 11.197 1 :.111 1.111 7'.117 1,111 H NI P 111 11.1)1 41,411 141.111 I. SS 11.11 11. IS 1. t/ -1.51 f.1f u .1t I. }s •f.iS 1.11 f.11 1 A 12.11 11.11 9.14 1l .21 11.11 I1.1! 1.11 9.11 I.fl It. 12 I1. 19 1.16 4.11 -2.47 11.{1 1.11 1.14 •1.11 1.11 241 1.15 1 111 1.15 1.41 10.91 1.11 3.14 I,tl 11.91 u s. L if 1/ 11 tl !! it 1 11! 1 Is s 1 9 1 {1 19' II I4 1 li nl am HE OR ME Ism 0 RM If .11 r:.lsl •n.lec 11 414 it lot 111.166 11,110 I.I :1 7 If I$ .Ic: Il Icc J1 Itt 3a6/ total( Illltcl ulufulu 12 /i, • • C7 ;,. use111 of tiff &iglu 11111 Inut2116 • late lfult2u iii estate 111111111 nit. toll- tilt If JIIII f11tlt fit If 6fn/fllt 1/1111111116 111111 tt11fI1 Ott of lit -fill troll fill If 1111 r till li Itlll ��j `Lm tills 1161 61111t 11111 72111111 little 11!1111 Iffila31 611111 Illll f�llf anal 11 I all seat oil 191.11) 91.161 111,111 11.1 14,111 1,112 1,111 .... 1.11 f.sl 11.611 piuil of I off sail 712 111,166 99,111 ?1,11 43.41 it,111 1,611 1, 1f ..•• li,ltl 9.21 1.911 1111111 11 I off fail off 111,122 146.21) 111,191 11121 $ ?,621 21,111 1,111 •... 11,111 11.11 1,11/ fillet► of I off $ILI ell 416,111 111,121 111 11.12 112,111 6,191 111 i,llt 1.10 110111 11 1 I11 like 144 261,111 111,111 112,111 was 111,111 11,761 7,111 11 21,916 11.11 11.111 111111 to 4 611 tilt 2,12 111,111 219,119 111,111 21.1 111,111 1,417 1,110 .... 11,911 11.13 Wm ItitillMl at 1 off 111 111 204,317 111,111 it,ul 1.71 1,121 11.111 filter 21,141 11.4 $7.101 12 ►1111 11 I off lite 111 116 414 191,511 117,117 11.11 111,11 61111 15.111 11.111 11.11 41,111 1111111111 Iii late fill 1,112 111,711 511,12) 191,191 11.0 111,311 11,111 11.141 11.114 11.11 41,111 91111CULO off loll 0161 1,211 I,Ifl,lil 915,121 li2,l{1 21.11 I11,11S 11,111 11,111 2,IH 111,114 11.11 little ►Ill OI I off Ate I.lf7 161,411 11,111 113,111 11.11 111,171 wail 6.111 71.111 11.s1 If #11 1111 off $its MI 3.111 611,111 716,111 111,111 21.11 14t,i,l 11,176 1,111 11127 11,114 1.11 21.1ft offset of 1 Ili lite 1St 261,111 117,111 111,111 11.11 I11,9it -1,311 71411 •3,211 •/.8) 1.119 Ililii off like fail 1.119 I4,9s1 111,{11 111,111 11.11 17,115 ll,fl$ 1,71) 19,171 14.91 11.111 111111 of I off Salt lit 149,411 Wall ail {1,111 if. of 13,111 •1,111 1.119 6,061 2. to will of IILI IILI 9,951 192,111 111,113 261,611 21.11 119,111 41,121 1,1er 11 $I. lot f.t9 19.111 title H I off fait ail 111,!11 111,216 119,121 31.11 11,711 ll,Sfl 11911 14,141 12.77 11.111 all 11 61161 11 1 off site 11,111 1.71# lfl 1. lit. Uf 614,111 1s. 11 111,111 •11,211 11,111 1,125 -1,1)1 -4.71 H. lit 111 11ttk►11 11 1 oft 31:1 1.111 241,213 1,111 111141 11.2) 61,11 -1,144 221112 14.312 11 If 11.011 111 fill stiff H I off fall 3.114 144,411 119,221 127.111 12.92 t121S 1,261 I'm .... 1,791 1.11 11.111 111111 91 I off $IL1 I $11.117 191.111 221,911 21.11 111,411 61,279 1,611 t1,111 10.1f 17,111 fill! 1111(1 of late alit 1,111 111,261 411,117 141,611 It It 111,121 10 1,629 1.111 21,111 1.41 12.62: Illtlllill ern see lit► 11 1,11{,411 111,611 141.111 11 IS 141,171 112,19) 11,641 .... 132,9{. 11.91 141.311 16111611 11 I off flit 111 119,147 17,174 61.111 40.71 11.114 1,611 Call 111215 1.11 11111 Nt11 11 6 off Site 171 Ill, Ill 91,191 11,121 1711 17,111 1 1f,iH 11,117 7.11 11.111 Nun$ of I of 111 114 11,11 Ift,619 1141.19 11.71 111,231 11,111 11 9,111 11.197 is. it t,llt 1111116 11 1 off rite all 11:.111 11,111 12,111 11. If 11,132 -9,591 1,211 •1,191 1.2 •7,511 $Call is I oil lilt 411 311,141 117,112 94,iff 61.44 11,111 $,111 4,191 12,115 1.51 11,11t HIM of I ate lilt 1.112 111,Hl 291,261 111.44 11.11 111,111 •1,111 3.921 Mill •32,164 •4 11 111110 to I off Ise! 691 16i,141 lit, Its 111,111 11.14 111,171 9.411 1 i,Jf9 11171 2.11 611 11 1 of late 141 Ift.317 111,11/ 197.111 19.91 11,417 1.925 11.111 11.721 1.11 10.100 IIf1191LLI off 111 Me 2,131 111,117 151.111 WIN 16.17 19,116 •1,111 2,11! 3.941 1.12 1,11! Hull 11 I off flat 1,171 111,64) Ill, lit 111.121 It.t1 111.194 11.121 111124 11,111 9.11 51,110 HL11411 11 6 off late 111 171.11{ 141,211 11,111 29.11 11,111 11,111 11211 15.119 1.91 11,110 fill gall$$ off lilt fail 1,111 1 M, U 141,716 If. 11 111,111 142.111 24,174 111,121 11 if 15.101 181111) fllllil $I I off lilt 911 11,91 11!,169 71,912 Is. 1 4 11,121 11,542 It'll) 111 31.411 If. 1 11.110 fa ►1111LL1 are toss MI 2,111 sit, ill 259.124 115.11{ 11.14 11.111 11,114 1111 61,111 17.7 19,496 flLltle lifill 111 IILI 111? 1,911 111,1!1 115,121 111,124 31.11 11,121 11.111 2,111 27.14! S.S1 It 191141 off skit IA? 1,111 111,121 110,141 111111► 36.1) 71 lt,tl7 12,171 0,911 11.91 51,010 fill cif? H 6 off Site I 715 411,147 232,113 12. if 112,111 21,149 1141) 11,411 5.21 fill little H I elf role i 191 M.114 111,61, 19!1111 0.112 1611)? 11,111 11.101 ._.. 17. lit If :, II.t10 Ills title to 1 elf tut 111 117,311 711,117 171,117 11.41 111.113 11,994 1.01 � -�� 11,111 4.41 if,41t fllliflll off roll Hit 1,111 111.141 117.171 1)6,961 if it 4,45 41,991 .... 44,911 1 41 50.111 111111111 H I off sail 2,115 171,741 211 112,741 12 11 111,665 4,20 1,111 11,711 l it If fillltl of a Ili 1111 311 11),111 11,117 I1 11.41 17,114 •1,111 1.111 .. I,I57 1.11 'too 21.113 IIIItltol tff salt 11•1 1,171 011.1)2 {41,111 111,111 If 11 137,111 Wait 11,{1) 111,131 13 fl 6.fi( Metal Off $lit flit 3,121 113,111 311,129 114,911 22 11 1)1,111 •11,415 S,1ll 17,115 •11,111 •5.11 1 11166 11 6 off Saks 4 31 715,446 111,111 119,111 11.61 91,751 Will 17111) . 11,704 21.11 65,111 111111 If I Off lilt Ill 111,111 111,111 11,111 11.'1 1 6,215 11,171 11,117 12,112 13 11 1111111 rill of 1161 Ill! 5,111 611,111 111,91i West 12 71 71,629 16,411 2,171 . . ... 19,61f 4.19 2,100 Islas N I off tut 119 149,111 116,194 111,117 41. it 16.112 11,9)6 Will 11.79 IIIIIsee of I of fill 1.411 J11.11 114,04 114,11 $1 11 211,426 1.1,' 15,291 11,111 1.12 11Catisat oft fail OIL? 34,111 11194,111 4.141,115 1,117,{]1 W 16 Ili), ail Il4,f6o 61,16 6,111 f1 {,164 7.16 417. lit 14111116LI 11 1 111 lake 11,111 I,f l$, lit it],i9) (11,157 19.1) 117,10 175.121 31,141 2)1,111 14 41 I :I.ICt 116111 It I Ott $tit III it i, Ili 411,119 241,111 11.11 119,117 II, 915 1,41: 2.991 17,24 l.II if Ito HHet off lite 1111 1,161 141,111 $17,6 -11 2)4,71! W It 111,112 115,941 6,111 1.115 191,161 21.66 11, lit 11111 161 of Site I111 111 lit,){! 11,211 11,111 25.91 10,411 1,112 1,111 1113sl 11.11 1111 tiff of 2 off Hit 1,319 111,111 119,:11 142,111 14.71 121,117 11,111 4,116 4,123 41,471 9. if Renvu lei $I I oft IILI I, lit 315,717 U 1,111 111,911 32 to 13,270 11,487 1,117 I.I11 21,711 t, 5.110 gloss&& 11 I off IILI 111 141.299 11,211 41,061 11.11 11,115 9,151 1,117 .... 17,41{ 11.11 11, sic licit) Ina OI 6 111 MI fit lit. 19 111,411 11,/41 41.49 44,117 1,11) 1x.211 2s,141 I Is 111 allies off rote flit 1.716 171.111 11,049 11,174 1214 11.4)1 71,119 35,711 .... ..., 111,441 11,11 15.110 1111 N I off ale �I 1.191 I, III,II1 114,]19 117,126 211 , 1 111,41 1 4,11! 15.II. t9, III 1.11 14.11, 111111 N a off fill 616 171,511 111.411 $6,123 11.11 11 .],?at 11,111 1,411 1 (I astaill N I off 1111 I,II1 211,111 111,119 111,111 14.13 111,161 lit !,III 1,111 3 S1 11.111 p11111/1 Off ease teat 1,094 1 Ito, 174 911 IN 2!1,119 19 so log, I,I II, III 11,911 61 11,317 1.11 23.314 o&iII Ito 11 I off lit! 2,Ilt 111,)71 11,145 111,311 11.11 211,011 Ili, 713 11, - 11,tit 11. U 116.111 111111 till of I off 111 fit 1711111 191,111 M, it] 11. 2f 111,111 11,211 3,411 13,117 li If 4. lit 111111 111 Off flit MI 1,117 lt4,I3o 20,131 1f, 991 it 34 (9.711 21,211 1,413 36,911 51.11 it to 11111 title 11 6 M MI 116 11 6,941 111,151 111,)11 4,91 IU ,415 15,679 1.1 - s1 .... 41,11: 15, 11 11,110 $Falls still 11 6 off 1{11 1,){{ era ,!41 91,211 71, U9 11.17 U, II{ 14.75) 5,413 11.171 11 71 0116 Late fill all 111 Ill? 6,111 1,117,417 1,921,11{ 121,111 is Ii ]11,111 121,111 1]2,)11 {{,111 311,119 7 11 III 11! ti. fltlfly 10 I off $111 1.111 1,121,111 I, 119,97 1,111,115 11 61 1,111,111 311.111 91,111 I,,91I 75( (.71 14.111 It. clays 11 I off roll 611 312,011 19,111 11,111 11 11 1 1,711 •17.711 11,717 11 ,11; 11 1.71 I. let It. Illicit off 1169 110 1,111 lit, Ili 191, 11f 11-ISI 21 11 11,195 1,IIf 4,451 )1,115 1 11 it. 1111211 11 6 off roil Ill 121,113 111,1{! 11,111 41 64 I14. UI •1,111 1.111 {,1:1 2 1; 11 1f! It. tells off ill! flit 1,221 1)), ail Ito, 74 112,121 11 +I 71, Us 11, 2I, It) (1.145 If .1 11 10 11 I oaf all 111 ft. 116 4.43 It.11l 11 19 Is, ell 4,179 t'(19 11. CI 1: 11 got after Is a of IILI 1,11 1/1.111 117. 12),114 4 IT ern 91 7, III I ... 1,391 1. 71 I9: 811111M 11 1 Ill slit 1I! 191 17.117 31,01 11.16 14 Is 1I.Ili If. Ili 24i 2t, 197 11 ,{ U.I i+ tau 11111 full off lite loll 1.117 1,111.41 1, 117, if, off, Ito 11 if 11 tit 11 2,1;1 71,111 71,14 211,1 1 41 :71 t:: false alt off fait M? 1 171 all, Ill 121.271 99,917 1).11 12,971 71,11) 1,911 29.1x: 1 91 11 ft: later 11 a all 111 1.)11 ere, 174 161,161 112. off 1.17 10).50 1.11) 1.11 .... 21.111 1.11 11 1,: /111111 off ease Sul 611 111.111 14,101 12.391 2 14.912 •4.111 4.961 111 1 ;9 Ml litill 11 I off liter fit 11 111,211 91,117 01.1) 16.977 6, 111 I. Its 9.10 4 21 :t 901 111111 off 1411111? 1. tit la,tti $91,111 11,81 31.23 171.117 11,164 12, fit 1.115 62,11 1 41 12 /i, • • C7 ;,. ►11f25 : 11111 firfe111111 �_.. /1111621 1 ' 111111 area 111101111 • 1011 olflft2l: II! 111111 tllll ►111 • 0 31163 _-W 1101s /Clljj tlua►ul lof- e (111. 1111- toll of ft, of 111111116 I110►1111116 rcr of 11111 1611 If till 1111 Ir 11111 U1H UiiU _ Clttl 11111 114! _ 11111._ Iltm.1 Jocoil_ JLLW L .111111(6 __1( 011/ Illtl cs_ fi 1 off fell 614 114,141 11,161 11.10 64.11 0114411 •l,lll 161 1 I,Ii1 _I •1.27 o till 14illi /1 off 1141 Ifet 111 114,417 1111110 41, 10) 11.41 41,fe1 •111 1,111 I1r 1.41 11.141 legal W felt fill 111 111,111 116,711 V,711 11.11 11,I1f 11,111 1,lif 11.111 1.71 rilliaLl 11 I Itt 1111 141 191,!91 114,141 91,111 41.51 19,111 14.171 1.164 . .. 11.611 11.91 Vlit 111101 Clittl 11 i off Ills 111 111,111 11,114 $6,117 It. 17 14,111 bill 1,491 147 t. 119 1.12 let 11111 of I Iff site all 114,114 11,111 49,111 11.$1 Will •6,941 1 .... •1.411 •1.11 111111 off late olll 4,414 {11,11{ 111,141 lit. 111 11.11 211,111 41.!91 4,111 .... 11.711 132 11.415 1441011 11 I d► late lit 141,141 41,115 11,111 to, It 11,191 1,114 4,117 .... 1.711 I.tt Lt11 11O11 off fell fen 1,611 111,114 111.111 71,111 11.11 61 1 1,1 7 9 119 .... 1, ill J.I1 916111 61091 If I off 1141 111 111,411 91,141 11,114 01.11 It. Ill 1t, 111 I,ftl .... 111#44 it if 1111111 11 6 off 1161 1,111 196,111 141,111 111,:17 It. 12 W, Ili 111 461 11.111 .... 121.111 12.57 116111 1/1111411 11 1 err fell 1,111 411,411 It6.112 2#4.Ill 41.11 lit, lit 1t, 1!1 IIJ 0 .... 46,111 9.11 Wool, 11 I off 1111 111 111,111 11`,411 141.119 42.21 99,111 41.141 11,177 ... 71,114 U. is II,lof IItlO/ 41 a off 1111 1,111 1 1,141,911 ill Ail 11.11 111.171 151.117 21.101 J;. Ill lit. Its 7,11 11.110 41111 11 6 Orr feu 1,1;1 411,119 111,111 112.211 11.11 146,111 11,9111 11,171 .... 16.114 1.41 fill tolc011 11 I Ire fill 199 191,741 119,491 is, lll 11 If 11 .111 1,$11 4,151 _. I, 111 1 11 1111501 11 4 Ott felt 1,911 Ill .147 114,121 111,111 47. It II I,41f •211 1,111 .... 1,111 ! 17 .... 1111111{ of I Iff fail 141 111,141 0t.141 11,111 17.11 i1, 111 III 1St 112 L if 1111011 11 I Ire 1411 114 Ill ' 310 11,111 11,111 11.61 14.111 14,141 1 .... II, 111 1 2 .41 21.141 111101 1r; fall $Ise 41112 111,111 111.119 111,164 19.14 141,111 11,411 .... 131 It, 916 1.91 15.111 11111110/ 11 1 611 Ill! 1,211 111,111 191,111 Its 771 11.11 11,111 11 Ml 1,117 1,161 11,111 12.21 cities 11 4 If► fail 111 111,111 11,111 II.1II 11.19 91.141 24,111 1,441 .... 19,112 II 11 4,110 site Lill 11 4 it feel 41 Its, 141 III, 414 41,it" 41.1t 11.611 1,191 1,111 .... lf,tot 1.11 31. III 1101 Lill 11 I off felt 421 141,911 11, 116 61.716 41.11 11 111 Ito 1,191 1.'11 1.11 5,111 1!111119911 off 1161 Ills 14,1{1 9I 1, 111 174,111 111.412 21.11 111, oaf 11.111 if .121 .... 99,961 11.11 114.111 far 1Iall If 6 off skit 1,11$ (61,1!9 111,111 111,115 41.11 111,111 11,441 9 1 ff .... 01,011 1.14 1111t 11 a 411 fait II II II al {,lot 11,111,114 11,111,41$ 11,911,421 t4.14 it, II I, 14! 1,111,161 I, 911,141 211,141 4,111.141 7.91 1.;41.1'1 Wit off felt 1111 111111 111,141 19,112161 111 a, II1 11,414,117 11.It 12,111,711 1,141119 1, 1121st 111,471 6,111,449 1.11 0,911, lac tltil 1166 Itself 194,611 11t,S11,111 91,149,141 42,111,111 14.:4 11,146,111 4,111,111 1,Iif.ItI soI.II1 11.914,611 I.It 1,129. fail 'fill' It; lR11111111 ?fill rill till tomill in 111111 3 3 11 1 8 Ililnnt. ill 114111111111 1111/1111 11 1911. I1� 11.1119 fitlltlllf Il /clilllltl it lit) • 0 31163 League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.%% (FAX: 221.0986) October 24, 1990 RECT OCT 2 6 1990 TO: Mayors, Managers, and Clerks FROM: Donald A. Slater, Executive Director RE: 1991 Proposed Legislative Policies and Priorities I am very pleased to transmit to you a copy of the League of Minnesota Cities' 1991 Proposed Legislative Policie and Priorities. These policies will be considered for final adoption by the membership at the League's Policy Adoption Meeting on November 27, 1990, at the Hotel Sofitel in Bloomington. I strongly encourage you to send a representative from your city to exercise your vote on the proposed policies. An agenda and registration form are attached for yc.,r information. The 1991 legislative session will be a critical one for citi-s. The League has scheduled presentations from the Commissioner of Finance Peter Hutchinson and Senator John Brandl on the state's budget outlook and its impact on cities and the predictions that Minnesota will be face a $1 billion deficit. Also invited to speak is Curt Johnson, executive director of the Citizens League and Glenn Dorfman, Staff Vice President, Minnesota Realtors Association concerning their organizations views on locate government aid (LGA). The Citizens -eague is considering a report that recommends tF imination of LGA and and other tax policy revisions which of local governments. Many other organizations have also advocated ..hese policies, such as the Minnesota Realtors Association. • • During lunch, city officials will hear from the newly elected state auditor and he ►.411 share his perspective on local government accounting and reporting requirements. After lunch, city officials will adopt the League's 1991 Fro osed Polic a nd Priorities. The pclicies to be adopted were created by over 200 dedicated city officials attending meetings at the League's office during the summer months. The League of Minnesota Cities owes a great debt to these city officials, they spent many hours developing this policy • document. 3aIy The Legislative Committee, which is comprised of the board of directors and each policy committee chair, reviewed and approved the • committee's recommendations. The Legislative Committee sends the 1991 Proposed Policies and Priorities to the membership for their consideration. To register for the Policy Adoption Meeting, please return the attached registration form to the League of Minnesota Cities, c/o Finance Department, 183 University Avenue East, Sr_. Paul, MN 55101. v • 307G,SO' � Lq10 League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 1612) 227.5600 (FAX: 221.0986) LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING RULES 1. Registration_ Registration shall. remain open from the previously announced opening of conference registration until completion of policy adoption. 2.Voting Privileges Only one delegate per city shall be permitted to vote on policy proposals, priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes. Only those officials with voting cards for their cities shall be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting card is the city's delegate for purposes of voting. 3. Committee F,e�orts The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. After adoption of Policy language, the chair or vice chair shall move adoption of Priority rankings. The chair shall place on the agenda for discussion: 1) a proposal to make a substantive change in the language of a proposed policy; 2) change a priority; or 3) to take a position which the appropriate policy committee chair or representative states was not considered by the committee, provided there is a motion supported by at least 10 delegates. The text of nonprocedural motions and amendments, other than charges in policy priorities, must be submitted in writing to the chair prior to debate. = OVER = • • • 3a61 Policy Adoption Meetinq Rules (Cont'd 4. Disputes *Disputes regarding eligibility to vote shall be referred to t General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question (main motion) is in order. 5. Limits on Debate Each speaker shall be limited to three minutes on any debatable question. The chair may extend the debate limits in order to consider an issue if numerous delegates request tc be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption, but in no case shall the length of time be reduced to less than three minutes per side. 6. Parliamentary Procedure P The policy adoption process shall be governed by the LMC Constitution, these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. Appeal of the Cha Debate of the motion "appeal of the ruling of 0 the chair ", rule #6 notwithstanding, shall be limited to two minutes 0 the appfaler and two minutes by the chair. Either may designate another eligible voting delegate (or LMC officer or board member) to speak in his /her place. Changes_ Motions to "rescind" and "reconsider" shall require a two- thirds vote of delegates present and voting. 7. Number of "A" Priori A motion to change a proposed policy's priority must also propose another "A" proposed policy to "A" priority. The final number of "A" priority exceed the number proposed to the conference by Committee. CJ to an "A" priority be reduced below an Policies shall not the Legislative 3Ag7 � , rF l � > S F YVwnyry .n'M y �}'Tl .'•'K — e!• 4'� ; X ' � 1,r ar � .aC'�s. �T•� "i _ t..'+� ` •f ' ��''d�'i -zsfw r , ��ti. r.t r A � a�} � .•M k •„ .. .t' +' T 1'Y }Myy A r A q , k � t d =� � � ':.� �a� 4 y�" °; i�[ gf7•1 � d q� �z e , + r<. r •�" a , ' °�' r �.. fi,; ; , +r d � :: ,t , - � , ', ', t•A � � 7,• r „' ,`®t, S� `��,.Xa!' �' 3” ?`�' e � - 'Y � �� - * � � t ' '� a,� w S •�' w • rio Y �. 1.M I 1 L y1 - 4 ' - i { \ / �. �• / •�Y T r & $ [[t ? 1 7 ti s WWI P �k . ... .. Y.. {.:.t•._.`.W •f lw"'S...�A�IFiwL'k. �..a ye�� r 4y. .r /.', �M.I ... _ .. "W' League Of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 795 of Minnesota's 854 cities as well as 10 urban towns and 18 special distri.ts. All sizes of communities are represented among the League's members (the largest non - member city has a population of 347) 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• Minnesota cities' need for a governemental system which allows ilexibiliy and authority for cities to meet challenges for governing our cities and providing our citizens with services while at the same time protecting cities from unfunded or underfunded mandates liability or other financial risk, and restrictions on local control; and 2. That the financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal state, and local governments. This partnership particulary in the areas of finance, development, housing, environment, and transportation, is critical for the successful operation of Minnesota's cities and the well -being of city residents. PRIORITY SETTING " A " priority indicates a major issue area to which the League would devote a large amount of time and resources, working actively with legislators and other groups to seek new laws or regulations and, when appropriate introduce legislation. "B" priority indicates an issue areas that are important to cities but on which the League would probably spend less time unless the legislature or other groups mount a major effort to which the League would respond. "C" priority indicates an issue areas to which the League would respond only when other groups rise the issue and to which the League would not commit a significant amount of staff time. Printed on recycled paper 367 TABLE OF CONTENTS Pag Foreword ......, ............ ............................... Committee Members i ........ ..................... ............. v Development Strategies DS - 1 . DS - 2. Economic D vee lopment and Redevelopment (A) . Economic DS -3. Development Authorities (B)......,,,,,,�.:� Job Impact Statements (B) , 3 DS -4'. ... .........•.•.....•:..-.•.:::.•. ,.s housing (B) :.:....... . DS -5: ................::.....:.�.., Development Financ. ing (B) 5 DS -6. ,....�` .... Expansion of URAP -like Programsto 6 DS -7. All Cities (B) Municipal Service Districts (B) DS-8. Small Cities Development Block Grant ............... 7 Programs (B) . • ........................... DS -9. Prevailing Wage (B .•. ... ) 8 DS -10. Hazardous Waste Cleanup �( " " " " " 8 DS -11. Shortened Foreclosure Period on Abandoned. Residential Properties (B) DS -12 DS -13 ................ Tax Relief for Rehabilitated Properties (B) 10 ........ State and Local Economic Development and 11 Redevelopment Fund (B) DS -14 ••••" Tax Exempt Status of Land Cities Hold 11 for Development (C) ...... DS -15 ... ........ Community Development Principles (C) "' 12 ............ ••••• 13 Elections and Ethics . EE -1. Presidential Primary (A) EE -2. .............. ..." " " " " Election Administration (A) 17 EE -3. .., Local Elections (B) " " " " " '•••••• 17 EE -4. EE .,,,,,,.,,.. Lobbyist Reportin Re " " " " ' g quirements (B)�,,,,,,,,,,,,,, 18 -5. Schedule for Redistricting (B) 20 EE -6. ,,,,,,,, ,,,,, City Election Campaigns (C) " " 20 EE -7. .... Optional Poll Hours (C) ��" .......... 21 EE -8. EE -9. Authority .......... .....•........•. y to Fill Vacancies by Appointment (B) Mail -in 21 ..... Balloting (C) ......o, 22 EE -10. ,,,•,.„ ., ,, Voting Equipment (C) " ' , .. •• 22 EE Recall of Local Elected Officials (C) -12. ,.,,,,..... Initiative and Referendum (C) .............• .. • 23 ........ 24 General Legislation and Personnel GLP -1. Mandates (A) GLP -2. Comparable Worth • (B).," " " '••• 27 GLP -3. Employee Benefits (B) .,,,,,,••" " " " " " " '•• 28 GLP -4. GLP -5. Employee Training and Education. Requirements • (B) • ... Gopher 29 State One -Call (B) GLP -6. •.,, Liquor Issures (B) .... "••••••• 30 GLP -7. Local Police and Paid Fire GLP -8. Relief• Associations (B).. Minnesota Public Employment Labor Relations 31 Act (PELRA) (B) GLP -9. Open Meetings and Dat............( .. ... ........ "•• Data Practices 31 • (B) ,,,,,,,,,,,,,,, 33 Revenue GLP -10. Presumptions for Workers' Compensation RS -1. • GLP -11. Benefits (B) ...... ............................... Public Contracting (B) 34 68 GLP -12. ............................ Public Employees Retirement Association (PERA) 35 RS -4. Truth in Taxation (B) .............................. Benefits, Financing, and Administration (B) ...... 36 Reserve Funds (B) ......... ....................... GLP -13. Tort Liability and Insurance (B) ................... 37 72 GLP -14. Utility Service Territories (B) .................... 38 RS -8. GLP -15. Veterans' Preference (B) ........................... 39 Sale Ratio Issues (B) ......... ... .............. GLP -16. Cable Communications (C) ........................... 40 74 GLP -17. Government Training Service Funding (C) ............ 40 RS -12. GI.P -18. GLP -19. Military Leaves (C) . ............................... Social Investing (C) 41 ....... ......... ................. State Audits /City Financial Reporting GLP -20. ........ ................. .... State Financing of the District Court System (C) ... 41 41 75 76 GLP -21. State Licensing of Contractors (C) ................. 42 GLP -22. Time and Distance Residency Requirements (C) ....... 42 GLP -23. Towing of Abandoned Vehicles (C) ................... 43 GLP -24. Volunteer Firefighters (C) ........................ 44 Land Use, Energy, Environment, and Transportation LUEET -1. Annexation (A) .. ............................... 47 LUEET -2. Solid and Hazardous Waste Management (A) ......... 47 LUEET -3. Transportation Funding (A) ....... ............... 50 LUEET -4. Energy Conservation (B) .......................... 52 LUEET -5. Environmental Trust Fund (B) ..................... 53 LUEET -6. Protection of Wetlands (B) ....................... 55 LUEET -7. Mass Transit Funding (B) .. ........ ...... 56 • LUEET -8. LUEET -9. .... Transportation Structure and Responsibility (B) .. Wastewater Treatment (B) ......................... 56 57 LUEET -10. Water Conservation and Preservation (B) .......... 59 LUEET -11. Zoning, Subdivision, and Planning LUEET -12. Statutes (B) . ........ ........ ............... Concurrent Detachment and Annexation (C) ......... 60 62 LUEET -13. Eminent Domain Law (C) ........................... 62 LUEET -14. Pesticides and Other Hazardous Materials (C) ..... 63 Revenue Sources RS -1. Property Tax Peform and State Aid to Cities (A) .... 67 RS -2. Service Fees for Government -Owned Property (A) ..... 68 RS -3. Elimination of Levy Limits (B) ..................... 69 RS -4. Truth in Taxation (B) .............................. 70 RS -5. Reserve Funds (B) ......... ....................... 71 RS -6. Sales and Motor Vehicle Excise Tax Extension (B) .,. 72 RS -7. State Administrative Costs (B) ..................... 72 RS -8. Stdbillty of State Revenues (B) .................... 71 RS -9. Sale Ratio Issues (B) ......... ... .............. 7, RS -10. Penalties /Interest - Delinquent Taxes (B) ............ 74 RS-11. Special Assessments for Public Infrastructure RS -12. Improvements (B) .. ............................... License Fees (C) 75 RS -13. ....... ......... ................. State Audits /City Financial Reporting 75 kS -14. Requirements (C) .. ............................... Storm Sewer Districts (C) .......................... 75 76 3271 Federa Legislative FL -1. Ant -D� rug Abuse: Prevention and Assistance ...•..••. 79 FL - 2. Transportation FL - 3 • Federal .....+•....• ..... " " " " " " " ••• /Local Fiscal Relations 80 FL -4 • .... Single Family .. .... ' ........ " ly Mortgage Bonds 82 FL -5. ...... .. Rural Development ..........•...• 83 FL -6• Cable Television Regulation 84 FL -7. ...............••...••.• Homelessness /Housing Issues ... ' .. ' " .. " •. 85 FL -8. ..... Federal .......•.......•..• Mandates 87 FL -9. .... . ............... Solid Waste Management ........ ' .. " 88 FL -10. .................... " .... "' Refugee Assistance 89 FL 11. Passenger Facility Charges .& Airport••••••�.••••.••� 90" r di . Trust Fund Fxpentlires ..........::...�. ".-:::..' �:::.:.. as 9 n FL -12. Airport Noise Control ...... (The Federal legislative policies do not have priorities listed because they are not prioritized.) • • 3a 7z, - iv - LMC LEGISLATIVE POLICY COMMITTEE MEMBERS (a Dev elopment : ;trategi William T. King, City Administrator, Wacori" -- Chair Duke Addicks, State Legisia .ve Liai -:)n, Minnean_c?is Duane D. Aden, City Administrator, Marshall Steve Ahmann, Councilmember, Willmar Cynthia Albright, Councilmember, Duluth Bruce C. Anderson, Mayor, Argyle Jeff Arnold, Council;. -2mber, Morris Steven Boehlke, Mayor, Montevideo William W. Burns, City Manager, Fridley Dave :allister, City Administrator, Gaylord Jackie Cherryhomes, Councilmember, Minneapolis David Childs, City Manager, New Brightor, Robert A. Durbin, Councilmember, Young America John Frohrip, HRA Executive Director, Sauk Rapids Garrison. Hale City Administrator, Annandale Jean L. Harris, Councilmember, Eden Prairie Barry P. Johnson, City Administrator, Woodbury Dean Johnson, Community Development Dir., Rosemount Kevin Maas, Economic Development Dir., Chaska Paula Maccabee, Councilmember, St. Paul Steve Mercil, Exec. Dir. Development Authority, Crookston Steven Mielke, Community Development Dir., Hopkins Larry Mitchell, Councilmember, St. Louis Park John Moravec, Councilmember, Crystal Fred Naaktgeboren, Councilmember, Buffalo Patrick Nasi, City Administrator, Hibbing Jahn O'Rourke, Mayor, Austi;. Robert E. Olson, Mayor, Brainerd Lyle R. Olson, Dir. of Administrative Services, Bloomington Lyle Puppe, Cuu ;lcilmember, Cottage Grove George Rossbach, Actg. Mayor, Maplewood Man Smith, Councilmember, Cottonwood Paul Steinman, Development Director, Big Lake David-Thompson, Councilmember, Golden Valley Craig Waldron, Economic Development Dir., Roseville Daniel Weiss, Councilmembec St. Cloud Charles Whiting, City Administrator, Janesville Alf R. Wikstrom, City Administrator, Young America E lecti ons and Ethic Mary Mueller, Ci;:y Clerk, Apple Valley -- Chair .iaine Niehoff, Councilmember, Melrose -- Vice Chair Karen Ari.lECson, Councilmember, Minnetonka G1 -n Dale Anderson, Councilmember, Pine Raver 1'rancene Clark- Leisinger, City Clerk, Mound Judith Cox, City Clerk, Shakopee Greg Engdahl, Clerk, St. Cloud 3273 LMC LEGISLATIVE POLICY COMMITTEE MEMBERS Elections an d Ethics (Cont'd) Darlene George, City Clerk, Crystal J. Diann Goetten, C�juncilmember, Orono Carole Grimm, MN Clerks & Finance Officers Assoc. Sue Joi,nson, City Clerk, Rosemount Brad Jorgens, Councilmember, Beardsley Dianne Latuff, Asst. Manager - Clerk, West St. Paul Myrna Maikkala, City Clerk, Brooklyn Park Joelce Mercil, Director of Elections ;_Minneapolie Doris Nivala, Admin. Clerk- Treasurer; Has Lake Al Olson, City Clerk, St. Paul Susan Powers, City Clerk, Burnsv_.ile Nancy Selby, Councilmember, Rochester Jo -Anne Student, Deputy Clerk, Columbia Heights Liz Witt, Administrative Asst., Eagan Evelyn Woulfe, City Clerk, Bloomington General Legislation and Personnel Mark Nagel, City Manager, Anoka -- Chair Richard Abraham, City Administrator, Lake City James Attwood, Councilmember, Howard Lake Gary Bastian, Mayor, Maplewood Shirley Blaisdell, Clerk Treasurer, Emily Lynn Boland, Personnel Director, Apple Valley Frank Boylfs, Assistant City Manager, Plymouth David M. Brown, Mayor, Goodridge Lorraine Browne, Mayor, Atwater Larry G. Buboltz, Mayor, Detroit Lakes Thomas Burt, City Manager, St. Anthony Joan Campbell, Councilmerber, Minneapolis James Cosgrove, Administrative Services Dir., So. St. Paul Patricia Crawford, Clerk Treasurer, Motley Mike Crnobrna, Personnel Director, Burnsville Stever L. Devich, Admin Service- Dir., David L. Di.nnel, Councilmember, Ortonville Jerry Dulgar, City Manager, Crystal Richard Frings, Mayor, Bovey Glen R. Gabriel, Public Safety Dir., Mankato James Genellie, Actg. City Manager, Hopkins Karl rlade, Councilmember, Alexendria Robert Gustafson, Mayor, Chizago City Holly Hansen, Minn. Assoc. of Cable Television Ken Hartung, Asst. Administrator, Woodbury nick Hierstein, City Administrator, Owatonna Brian Holzer, Fire Chief, Burnsville David Jacobson, Mayor, Wells Stephan Jilk, City Administrator, Rosemount Melvin kilbo, Police Chief, Orono Tony Knapp, Councilmember, Mankato Richfield Administators • • • - Vi - LMC LEGISLATIVE POLICY COMMITTEE MEMBERS • General I ,e islat and Pe (Cont'd) Paul McAlpine, Councilmember, Maple Lake Gerald McCullough, City Administrator, Braham Ed Meister, City Administrator, Lindstrom Kent Michaelson, Dir.. Personnel 6 Labor Relations, Bloomington Ron Moorse, Adtr Asst., Roseville Harlan M. Nelson, Mayor, Albert Lea Ken Orttel, Councilmember, Andover Desyl L. Peterson, City Attorney, Minnetonka Clarence Ranallo, Minn. Municipal .average Assoc. Robert Schaefer, City Administrator, Inver Grove Heights Ryan Schroeder, Asst. City Manager, Robbinsdale Gene Schuldt, Councilmember, Elk River Sue Schumacher, Asst. to City Manager, Maple Grove Ulie Seal, Fire Chief, Bloomington Cynthia Eeelhammer, Mayors Office, St. Paul Richard Letzler, Clerk- Administrator, Osseo Mary Ellen Spoden, Councilmember, W tKins Joyce Twistol, Clerk, Blaine Wayne L. Weber, Mayor, Sherbui Charles Winkelman, Mayor, St. d Karen Youngblom, Clerk- Treasure., brook Park Betty Zachmann, Clerk Treasurer, Winsted 0 Land Use, Energy, Environme and Transportation Marilyn Corcoran, Mayor, Dayton -- Chair Robert P. Ambrose, Councilmember, Wayzata Jerome Bohnsack, Clerk- Administrator, New Prague Gerald Brever, City Administrator, Staples Bruce Bullert, City Engineer, City Engineers Assoc. of Minn. Douglas F. Bunkers, City Administrator, Madison Milton Burstad, Councilmember, Thief River Falls Chuck Canfield, Councilmember, Rochester Jeffrey Dains, Councilmember, Lauderdale Susan Dunn, Mayor, Lake Elmo Julian Empson, Policy Analyst, St. Paul Rosemary Given Amble, Councilmember, Bemidji Roger J. Goswitz, Councilmember, St. Paul Hei.cy Gredvig, Councilmember, Crookston John F. Hanscom, Councilmember, Faribault Richard Hefti, Public Works Dir., kosemount Sue Hess, Councilmember, St. Cloud Jon Hohenstein, Asst. to City Administrator, Eagan Jcyce Iverson, Clerk, Rushford Village Curtis Jacobsen, City Administrator, Howard Lake Carol John-.on, Councilmember, Minneapolis Gloria Johnson, Councilmember, Golden Valley Marvin Johnson, Mayor, Independence Vernon A. Johnson, Councilmember, Roseville 3;Z -)5" LMC LEGISLATIVE POLICY COMMITTEE MEMBERS Land Use, En Environment, and ' °'ransportati (font -ld Mark Karnowski, Clerk Administrator, Chisago City Linus H. Knobbe, Councilmember, Rosa Creek Roger Knutson, City Attorney, Lakeville James Krautkremer, Mayor, Brooklyn Park Roger Laufenburger, Councilmember, Lewiston Larry Lee, Community Development Air., Bloomington Harry A. Lyon, Jr., Councilmember, No. St. Paul Dean Massett, Council Administrotor,'Red Wing John McLouth, Water Super" nten"46it; Mora Michelle McPherson, "City of Fridley Robert F. Morgan, City Administrator, Branch Craig Morris, Mayor, Lakeland Elmer Morris, Councilmember, Afton James Pengra, Councilmember, Jackson Marty Pinkney, Councilmember, Moorhead Ernest Priebe, Councilmember, Hatfield Steve Quam, Mayor, Richfield Bonnie Bescie Rietz, Councilmember, Austin Paul Setzepfandt, Councilmember, Bird Island Kathleen Sheran, Councilmember, Mankato Chuck Siggerud, Public Works Dir., Burnsvilles Betty Sindt, Councilmember, Lakeville Dave Smiglewski, Councilmember, Granite Falls Eric Sorenson, City Manager, Winona Marsha Soucheray, Councilmember, Shoreview Glenda Spiotta, City Administrator, Carver Al Storms, Councilmember, Cologne Blair Tremere, Community Development Dir., Plymouth Katherine Trummer, Mayor, So. St. Paul Gloria Vierling, Councilmember, Shakopee Richard Waataja, Clerk- Treasurer, Cook Bernard Weitzman, Councilmember, Lilyd.ale Gene White, Councilmember, Prior Lake Chuck Wolden, Councilmember, Owatonna Revenue Sources • 0 Bob Long, Councilmember., St. Paul -- Chair Bob Filson, City Administrator, Mora -- former Chair Larry Bakken, Councilmember, Golden Valley Bill Barnhart, Local Liaison, Minneapolis Linda Barton, City Manager, Burnsville Willitm Bassett, City Manager, Mankato Mary Lou Beckman, Mayor, Lake City Mark Berg, Councilmember, Red Lake Falls Gary R. Berger, City Administrator, Arden Hills Edward Burrell, Finance Director, Roseville Paul Ciernia, Councilmember, Falcon Heights Don Darling, Finance Director, Rosemount LMC LEGISLATIVE POLICY COMMITTEE MEMBERS 0 Revenue S (Contfd) Charles Darth, Intergovt. Relations Dir., Brooklyn Park Terry Dussault, Asst. to City Manager, Blaine Kevin Frazell, City Administrator, Cottage Grove Leonard R. Green, Councilmember, Kensington Robert Haarman, Administrator, Sauk Rapids Chris Hagelie, Administrator, St. Cloud Blaine C. Hill, Clerk- Treasurer, Breckenridge Robert W. Johnson, City Administrator, Montgomery Darrell Johnson, Treasurer /Finance Officer, Winona Ferner (Skip) Johnson, Councilmember, Mound David J. Kennedy, City Attorney, Crystal Duane Knutson, Mayor, Fertile Dennis R. Kraft, City Administrator, Shakopee Mark Lenz, City Administrator, Mahtomedi Lloyd Lind, Councilmember, Bemidji Jean McConnell, Councilmember, Rochester Paul McLaughlin, Council President, International Falls Michael Mornson, City Administrator, Big Lake Jim Nitchals, Administrator, Fergus Falls LaNelle Olsen, Councilmember, Northfield Lyle R. Olson, Dir. of Administrative Services, Bloomington Craig Rapp, City Manager, Brooklyn Park Bryan Read, City Administrator, Kenyon Al Ringsmuth, Mayor, Waite Park. Frank Salerno, Mayor, Ely Mark Sievert, City Administrator, St. James Greg Sparks, City Administrator, Worthington David Unmacht, City Manager, Prior Lake Dan Vogt, City Administrator, Brainerd Bill Waller, City Coordinator, Wells James Willis, City Manager, Plymouth Liz Witt, Administrative Asst., Eagan Federal Legislative Clarence Ranallo, Councilmember .,t. Anthony -- Chair Joannell Dyrstad, Mayor, Re: .._ag -- Vice Chair James W. Antonen, City Manager, Moorhead Larry Bakken, Councilmember, Golden Valley Patrick Boley, Intergovernmental Relations Intern, St. Paul Janel Bush, Federal Liaison, Minneapolis Steve Cramer, Councilmember, Minneapolis Robert J. Cully, Mayor, Jordan Dave Ellison, Asst. City Manager, Mankato Dennis Filipek, Councilmember, Loretto Kathleen Gaylord, Counciimember, So. St. Paul Toni Hengested, Councilmember, Dellwood Frank Jewell, Councilmember, Duluth James Krautkremer, Mayor, Brooklyn Park - - '3a�? LMC LEGISLATIVE POLICY COMMITTEE MEMBERS F ederal Legislative (Cont Millie MacLeod, Councilmember, Moorhead Steve North, Asst. City Manager, Roseville Steven Perkins, City Administrator, Luverne Neil Peterson, Mayor, Bloomington Yvonne Prettner, Councilmember, Duluth Don Ramstad, Deputy Mayor, Maple Grove Tony Scalion, Councilmember, Minneapolis Cynthia Seelhammer, Mayor's Office, -St. Paul Peter Solinger, Councilmember,- Rochester. Peter Stolley, City Administrator, Northfield Bill Wells, Asst. to City Manager, Burnsville John Young, Jr., Councilmember, Hawley • 3x78 - x - League of Minnesota Cities Policy DS -1. DS -2. DS -3. DS-4. DS -5. DS -6. DS -7. DS -8. DS -9. DS -10. DS -11. DS -12. DS -13. DS -14. DS -15. • 18.3 University Ave. East St. Paul, MN 55101.2526 (612) 227 -5600 (FAX: 221.0986) DEVELOPMENT STRATEGIES Priority Economic Development and Redevelopment A Economic Development Authorities B Job Impact Statements B Housing B Development Financing B Expansion of URAP -like Programs to All Cities B Municipal Service Districts B Small Cities Community Development Block Grant Program B Prevailing Wage B Hazardous Waste Cleanup B Shortened Foreclosure Period on Abandoned Properties B Tax Relief for Rehabilitated Properties B State and Local Economic Development and Redevelopment Fund B Tax- exempt Status of Land Cities Hold for Development C Community Development Principles C Printed on recycled paper 3;Z 77 183 University Ave. East St. Paul, MN 55101.2526 • League of Minnesota Cities (612) 227.5600 (FAX: 221.0986) DEVELOPMENT STR ATEGIES DS -1. Economic Development and Redevelopment (A) The League supports creation of a State of Minnesota deve ment policy se forth the statewide goals for economic development and redevelopment along with tools appropriate for each level of government to ac those goals. The League of Minnesota Cities is anxious to work with the Legislature to create a formal statement of the state's economic development and redevelopment policy and to assist in the creation of tools that will enable the state and local governments to carry out that policy. The League commends the Governor's Commission on Affordable Housing for .,the 1990s, or setting the agenda to enact a statewide housing policy, and hopes that their work will serve as a model for developing a statewide economic development and redevelopment policy. Cities believe that they have the responsibility for the physical conditions and the development of the state's urbanized land. Until 1990 tax increment financing (TIF) was virtually the only tool they had available for positive intervention to arrest the spread of blight and slums and encourage sound economic development. Legislative changes in the TIF laws in 1988, 1989, and 1990 have made it increasingly difficult, if not impossible to use TIF. If cities are to have primary responsibility for economic development and redevelopment, and if TIF is to be the primary tool available to them, some changes enacted in 1990 will have to be repealed. These include, but are not limited to, the LGA /HACA cuts, particularly for housing and redevelopment districts, to allow modification of TIF districts after five years for significant large redevelopment projects. DS -2. Economic Developmen Authorities (B) The League sup leg islation which woul provide city economic dev elopment authorities with the same power and authority as certain citie have r eceived in port authority acts. The League believes that it is unfair and unreasonable to grant 3a 80 _ DS -2. Economic Development Authorities (B) (t:ontfd greater authority and power to some cities in the economic • development field and requests the following changes: 1. Authorize all cities to designated economic development areas anywhere within their jurisdiction, not as present law provides which requires that economic development areas be contiguous and meet the tax increment finance (TIF) redevelopment /blighted area test; 2. Authorize the issuance of debt with respect to project activities within economic development districts without a referendum; 3. Authorize the economic development'iuthority to build - buildings or structures on land the authority owns; and 4. Allow cities to choose the number of council representatives that will be members of the board of an economic development authority. Presently, the minimum number of council representatives is in state statutes. DS -3. Job Impact S tatements (B The League urges the Legislatur not to add burden which cities must face durin the develo meet rocess bv mandati.n g the prep tion�af ob impact analysis n the event of otent al ob d s lacement due o city land use controls or development action Lea ue unless a n ficant number of 'obs will be dis laced. The acce is mak n c t es res onsible for coord nat ng benefits to workers who are displaced due to c1t act on but o oses cha I, n I c I ties w th f I nano al obligations for add t onal benefits for those workers when 'they are d s laced because of zoning changes or de actions. The state looks to cities to preserve and enhance the existing tax base and to promote economic development by creating additional jobs. Cities currently face substantial requirements of due process in order to execute development projects and to enact zoning changes. No legislation should be adopted to restrict or condition basic city land use controls in the zoning field. Land use control, through zoning, is an inherently basic city activi.ty which has little or no relationship to the diminution of existing employment. Typically, zoning changes requiring the phasing out of outmoded land uses, grandfather the existing facilities. City development and redevelopment , :tivities that may cause some people to lose their jobs typically lead to a net gain in jobs city wide. When people are displaced because of city action, it is reas_)nable to expect cities to be responsible for coordinating and facilitating the access people displaced by such activities have to public benefits. The League of Minnesota Cities supports preparation of disclosure statements when city activities will displace jobs, providing such statements do not create excessive administrative burden, and city responsibility for monitoring the effects on displaced workers does not extend beyond completion of the new project. 3a 91 DS -4. Housing (B The League of Minneso Cities support foE measures which ena hous nq stock and to f nance n mu 1L foam ly hous that meet. aistricts which w moderate - income market value in a used for some pur from its resent of the TIF d str also supports ind loss of federally housing. created e. The sin gta r es the Le ectesto construct c local needs. cuts for tax Roy de hous f 20 pEcent not rece ve state fundin subsidized un is and to ma islature t conti inue reserve affordable n_ of s ngle and The Lea a therefore I ncrement I f nano nq ing for low and "reasing the share of the I c ng d str ct t 5al car, be ae increase to 3S rcent ad the non -hous nq port on act subsidy. The League cities to rev the — a n publ c1Y owned If construction of low and moderate - income housing is to remain a statewide priority, cities will need additional flexibility to assist these projects. The League supports elimination of the LGA /HACA cuts for tax increment financing housing districts established after April 30 1990 as an effective way to encourage construction of more low and moderate - income housing. Property tax relief for low - income rental housing should be tied to agreements by developers and property owners to maintain affordable rates to assure long term availability of such units. The League agrees with the Legislative Auditors Office that changes in the states role in housing require the Legislature to examine the mission and structure of the Minnesota HOusing Finance Agency in order to increase the participation of state and local government in responses to changing demographic and economic conditions and priorities for housing assistance. The League opposes any tightening of the housing impact and replacement mandates which were enacted by the 1989 Legislature. The League also opposes the extension of the mandate to all cities. Currently, public agencies acquire housing after extensive due process and are require to provide relocation benefits and assistance. Measures that require cities to replace low- income housing on a one - for -one basis unreasonable intrude and hinder public improvements and stymie efforts to improve the local economy and increase the local standard of living. Taxes paid on low and moderate - income housing are too low to support the development of the necessary infrastructure for these projects using tax increment financing. Low and moderate - income housing generally require a greater subsidy than can be provided by 20 percent of the market value of 'he project. The League therefore urges the Legislature to restore the share of the market zlue of a housing tax increment financing district that is not low ar.d moderate - income housing to 35 percent. 32,8z - 5 - DS -4. Housing (B) (cont�d) 0 The League supports the procedure for allocating low - income housing a credits enacted by the 1990 Legislature. The League supports narrowing the difference between property tax capacity rates for low and moderate income ower - occupied and rental housing in order to encourage the private sector to construct more multifamily housing. The League commends efforts to support construction of owner - occupied housing for low and moderate- income households. DS -5. Developmen Financinq (B The League supports the continued use of industrial development bon and other tax - exempt instruments as development tools Tax exempt final, :ing allows cities to undertake a diverse range of activities too prevent economic deterioration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the local tax base. The League asks the Legislature to do what it can to encourage the federal government to extend the authority tc issue tax exempt bonds for development beyond its 1990 sunset date. k deral tax legislatin has substantially changed the applicability of x- exempt development financing. The League recommends the following principles: 1. Municipal retention of maximum of Minnesota tax exempt development allocation authority; 2. Maintenance of local discretion and flexibility in development decisions; and 3. Minimization of state control of local development decisions. The League asks that the governor and the Legislature continua to involve the League in developing a method of allocating the authority to issue tax exempt bonds. DS -6. Expansion of URAP -like Programs to All Cities JdB The Lea4lue sUPPorts extension of a URA -like need of neighborhood and downtown r ---- to mentogram to all cities in available to cit ies currentl � p p ni g the funds not reduc participating in the URAP program are is extremely important that all cities remain vital. The argument t the Greater Minnesota Corporation will answer the needs of rural - 6 - -3-X 803 DS -6. Expansion of URAP -like Programs to All Cities (B) (cont'd) Minnesota is inadequate. The Greater Minnesota Corporation's efforts • at commercial, industrial, and agricultural activity in Greater Minnesota, for example, will not have a direct or significant impact on problems like blighted housing and deteriorating downtowns. Many of these problems are not suitable to be financed with special assessments. To limit neighborhood revitalization efforts to only a few cities is inequitable. All cities with problem neighbonccods should be eligible to develop programs and receive additional funding. _;:.,�x� The Urban Redevelopment Action Program (URAP) serving the cities of Minneapolis,, St. Paul, and Duluth is a model for a program that should be expanded to meet the nerds of other cities. Funds cities raise to provide a local match in such a program should be outside of levy limits. DS -7. Municipal Service Di stricts (B The League supports legislation allowing cities to c service districts. Cities should have authorit to of impro vements listed in Minn. Stat. 429.021 relat construct on re acement an ma ntenance of such th side lks Utters storm a sewers water s treet 1 ghts, a nd public malls Derki¢_ nr s xes should be n t he distriFf reate municipal finance the typ ing to the ing! 1a streets works syst S available to __--i service • inan e Court decisions concerning special assessments have made it even more difficult for cities to use special assessments to finance public services and improvements. The Minnesota Supreme Court has interpreted the Minnesota Constitution to require not only that a special assessment project 'specially benefit affected parcels or property, but also that the city be able to prove that the market value of a property will increase in direct relation to the amount of the special assessment applied to that property. This interpretation has created particular problems for several important city functions. First, it is more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to newly built improvements. This hinders cities from meeting the widely recognized need for maintenance of the existing public infrastructure. Second, cities' abilities to finance annual operating and maintenance ,Osts of some services to property through the use of Special service charges is either unclear or non - existent under current law. The only current financing alternative to special assessments Or services charges is the general property tax. But it may not be desirable to use the general property tax to finance some capital or operating expenses. For example, if a road is used almost exclusively 3a8y: DS -7. Municipal Service Districts (B) (cont'd) by people living in one corner of a city, it is bad public policy o require the cost of replacing that road be borne by all the property in the city. This is especially true if the property in tha rest of the city has already been assessed for similar improvements. Or, if the central business or mall of a city benefits from more frequent snowplowing or street cleaning, better lighting, etc., it may not be good policy to have all the city taxpayers share in those expenses. DS -8. Small Cities Community Development Blo Grant Proqrams (B The League supports the state "s continued administration of the small cities portion of the Community Development Block Grant CDBG _ ) program. The League also su pports the continuation of the set -aside of federal funds for economic development grants and augmented state appropriations to suppl ement the federal funds set aside. The League supp development of a method for allocating _ funds that is free from politi�c`al nfluence. The small cities CDBG program should continue as a source of funding which encourages cities to develop viable communities by providing decent housing and suitable living environments and expanding economic * opportunities, principally for low and moderate - income people. The state should maintain the CDBG program balance between cities economic development needs and the needs of low and moderate - income people. Cities should retain maximum flexibility in determining how *7 carry out CDBG program objectives. The League suggests that an expanded program require state funds to be used to match local funds. The precise matching formula needs to be determined. Any local levies to participate in the program should be outside of levy limits. The program should be designed to encourage cities to recycle state funds and the local match. The purpose of the expanded program should be to`'leverage public funds ar.d to fill in financing gaps. These funds should not be used to provide financial incentives to new or relocating businesses. DS -9. Prevailing Wage (B) The League supports the evaluation o the statefs prevailing wake system scheduled to be completed by February 1, 1991 The Le ague opposes requiring payment of prevailing wage fo economic development and redevelopmentpro�ects that recei assistance from lo cal go vernments or from the state. including grants, loans, loan guarantees, i s ubsidies, tax credits, property tax defermen Pr reductions property ac writed subsidi utility co nnections, and tax a batements provided by a ev ernuent agen 3 .2 8S" DS -9 ._ Prevailing Wage (B) (font *d interest cost savings from tax - exempt bonds and other securities issued by a government agency on behalf of a person; wage subsidies and other employment training or other financing tool or assistance utilized by the government agency to encourage development. The League believes that wages earned by city employees or by employees of firms contracting with cities should be consistent with wages earned by people working at similar jobs in the community. Cities should . neiti er underMVVvarpay their, direct op .indirect aiaployees:` Th4 fr'esant syskem esignates the wage earned by the largest number of people in a job class as the prevailing wage. This is the •modal"' wage for that class which is not necessarily the representative wage in a community. Requiring prevailing wages to be paid for assisted development projects will increase the costs of projects limiting their size, and making some of the impossible to execute. Requiring prevailing wages to be paid in local projects will make it impossible for smaller contractors, particularly in Greater Minnesota, to compete for projects and would give unfair advantage to larger urban contractors. Smaller firms which are not 'double breastedo are generally not able to pay prevailing wages. There are problems in some areas with how the prevailing wage is determined. Particularly in Greater Minnesota, the higher wages paid in the largest city in a county will dictate the prevailing wage in all the smaller communities in the county. The actual wages paid in these smaller counties tend to be less than the state - designated "prevailing wage.ff DS -10. Hazardous Waste Cleanup (B) The eminent do have the e - supp orts le a site tote min act o-n. amended to excl 1 i a� i - ` - for — ' ariisii iing n conn hazardous subst statewide revol uae muni cl ea�nupaa ection w d slation which ,t for contamina Th e League su of cleaning up ward. The Lea and Liability A c pal ties and antes. T ving loan wou a am elioration (re sp the release or th League further su and to he lp c ties allow a city to gain efore comm encing a formal leg sl aton which would dous waste sites withheld s that the Minnesota nn. Stat. Ch. 115B) be public bodies from onse) costs and da mages reatened release of pports creation of a finance cleanup costs. Minnesota cities have difficulty in redeveloping sites that require clean up of chemical contamination. Inability to clean up and redevelop contaminated sites has significant negative effects on the area in which the sites are located, and it has broad implications for general public health and safety. 3�SL. CITY COUNCIL PACKET - 11 -13 -90 #3 a ° ,€ a t Ce { � y ' Hazardous waste cuahu�a , (a) ('cunt *d) � z �d 4 11 ftes"t Jaw does not allow cities access to potentially contamin+ieee ` sitee to test for pollution until cities own the land. cities need r tee► conduct these tests in order to estimate the extent of any } oont"Ination as well as cost of cleaning up those sites. `2. B R'hon cities are awarded land in a condemnation proceeding, the commissioners award should be reduced by the estimated cost of cleaning up any pollution. If the estimated pollution cleanup casts are hot known, cities should be allowed to take the property while r k retaining the right to recover pollution cleanup costs from the owner.. x W*r Present law, when cities hold title, even for a few seconds, to arty that contain hazardous substances, they can be held liable k for *.he costs of cleaning up that sits. The potential of liability When cities acquire ,land for the sole � purpose of reselling it to so One who will be responsible for redeveloping the site is delaying redevelopment of sites known to contain hazardous waste. Redevelopment of polluted sites could proceed faster than it presently does if there were a statewide revolving loan fund to help cities finance cleanup costs in potentially redevelopable sites when state and federal Osuperfund"' money is .zot available and /or tax: increments generated in hazardous substance subdistricts are not sufficient to finance redevelopment costs. The state and federal 0 superfund' is limited, and recent changes to the tax increment law make it even less 0 likely that money generated from a hazardous substance subdistrict will be sufficient to finance the cost of cleanup. DS -11. Shortened Foreclosure Period ci Abandoned Residential Property (B) The League supports shortening the foreclosure period on abandoned property from is present 12 to 18 months to two to three months. There are considerable negative spillover effects from allowing a long foreclosure period for abandoned residential property. During the current.12 to 18 month foreclosure period, when abandoned residential property is vacant, it is subject to insufficient security, vandalism, and fire. These properties blight the nei g hborhoods in which they are located_ .mend they dater home owners in 'the immediate area from r maintaining and rehabilitating their own 'property. Shortening the foreclosure process will allow housing authorities to address the problem of abandoned property more aggressively than they are now able to, and negative spillover effects can be reduced significantly. Minn. Stat. 582.032 provides that mortgage executed after December 31, 1989, securing properties which (1) are 10 acres or less; (2) contain residential dwellings of less than five units; and (3) are not agricultural, be provided a redemption period of five weeks by the court if evidence is presented that the premises have been abandoned (adopted 1989). The Legislature attempted to create a balance between - 10 _ 3�8� WWWA w stis VAS G AMO SWICar.141n. Tax rtlisf will only be granted for p`�►�tEtts Mhere the total cost of rehabilitation is at least 10 percent of the value o! the building.• Higher property tax payments after a property has been rehabilitated and reassessed acts as a disincentive to rehabilitate both single and multifamily residential properties. Deferring increased taxes for ffve yearn rill act as an incentive to rehabilitate property. State and Local Sconoeic Development a nd Redevelopment Fund Cities differ in the emphasis they choose to put on economic development and redevelopment activities. Cities choosing, or needing, to take ah act ive role should be allowed to tax their residents for this purpose. The League believes all tax sources- - property, sales, and income -- should be considered for this purpose. OP . XJL - Ok la. _ st t If the Legislature is interested in enacting such a tax the �►nes Cities is willing to work with the Legislature to devise o tW System that is equitable. unity efforts, particularly in low - income acrd /or low - wealth unities, should be matched by the state, according to a formula that seeks to counterbalance the distribution of income and /or wealth io'Kinnesota cities. The League suggests that the best source of state funds for such a program in the Greater Minnesota Corporation` The GMC was created to be a source of funds for creating, jobs in Minnesota, and economic development and redevelopment are ma particularly in low- wealth cites. DS Tax- pgemot status of L nd Cities; Hold for Development (C) "0 ILeaaue supports arantinv unlimited tax - exempt status to p roperty Until recently, almost all property a political subdivision owned was granted tax - exempt status. In 1979, the Legislature changed the law to provide that property a political subdivision of'the state holds for later resale for economic development purposes would be considered a public purpose, and therefore tax- exempt for a maximum period of three years. In 1984, the Legislature revised the statute, providing tax -exempt status for a period of eight years in most situations and granting an exemption for an unlimited period of years if the property is `held for housing programs or is classified as &blighted land& under state law. The 1984 law provides that property will be taxable if the city acquires it for economic development purposes, a building or other improvement are constructed after it was acquired, and if more than one -half of the floor space of the buildings or improvements available for lease to or use by a private individual corporation, or other entity is leased to or otherwise used by, a private individual, corporation, or other entity. This policy is intended to create an incentive for political subdivisions to engage in economic development activities, as well as to promote returning property to the tax rolls. Unfortunately, it does not fully recognize that the process of developing industrial and economic growth, rehabilitating, or building housing may extend over a long period of time. The provision of improvements and leasing of one -half of the property discourages cities from being active in establishing and maintaining local development corporations, from retaining as such control as possible over their economic development and planning process, and - 12 - JiR s? The state of Minnesota enacted major initiatives in the economic developrent field during the 1987 session of the Legislature. The state created a Greater Minnesota Corporation (GMC), a the authority of the GomsUnity development division of the Department of Trade and Economic Development, and provided significant new funding for there activities. The legislation establishing these initiatives Provides great flexibility to the state in implementing these now and expanded programs. The state faces many choices in bringing the programs into operati6n. The League encourages GMC to work closely with cities when developing and implementing GMC development programs. The cities of Minnesota urge the Legislature and the governor to recognize city governments as the foundation of economic development and establish a partnership with cities in the mutual objective of improving and encouraging economic activities in Minnesota. Minnesota cities have traditionally been responsible for their own economic growth. since the 19608, cities have promoted development through the use of industrial revenue bonds, tax increment financing (TI!), and housing (or mortgage revenue) bonds. Substantial federal grant programs supplemented local resources. The economic realities of the 1990s require even greater efforts by cities in community and economic development. As federal assistaAce disappears, cities are forced to become more creative in the ways they use and leverage available resources. Community and economic development legislation should respond to the following concerns: I. Protection of cities# ability to finance capital improvements; Z. Management of economic growth to maximize cities• existing capital investment • lJ - 14 - 32 ?/ ELECTIONS AND ETHICS Policy -1. EE -2. EE -3. EE -4. BE -5. EE -6. EE -7. EE -8. EE -9. EE -10. EE -11. EE -12. Presidential Primary Election Administration Local Elections Lobbyist Reporting Requirements Schedule for Redistricting City Election Campaigns Optional Poll Hours Authority to Fill Vacancies by Appointment Mail -In Balloting Voting Equipment Recall of Local Elected officials Initiative and Referendum Priority A A 8 8 B C C C C C C C Printed on recyckd paper 3 a9a.. • * Preparation of ballots and election equipment; * 8upt plie and personnel (including election judges and election admin strative and technical staff); * Advertising, newspaper notices, and postage; * Polling place rentals and transportation related to election activities; and * Maintaining of political party preference voting records. EE -2. Election Administration (A) the ?7 * Make it clear that cities have the option to conduct voter registration and balloting in adjacent rooms; �* Require pubiic education facilities (as well as other public institutions) to make available a room not apart from other activities within the facility which is large enough to accommodate all election activities and which is handicapped accessible, according to state law * Require schools (as well as other public institutions) to make available convenient parking spaces adjacent to polling locations; • * Require that local election officials approve the selection of the polling location and the room(s) in which election activities will be conducted; - 17 - bs? 0 * Eliminate penalties for cancelling of activities in public educational facilities that results from the obligation to make appropriate space available for election activities ;' * Make those who vouch for persons registering at the polls on election day subject to the same penalties that apply to those found guilty of fraudulent voter registration; * Modify penalties for violation of state voter registration requirements to increase the likelihood of prosecution of offenders, particularly for violations of election day registration provisions; * Authorize cities to allocate costs to other election jurisdictions and to receive payment for a portion of all direct costs to the city for conducting balloting in combined elections including expenses for - all election equipment, supplies and personnel (including election judges and election administrative and technic 1 staff), - transportation related to election activities, - advertizing and newspaper notices, communication devices and postage (including postage for election judges and absentee ballots and applications), - computer time for preparation of voter registration rosters. The League urges the Legialature to refrain from intruding on the authority of cites to establish the date of local elections. Legislative proposals to consolidate all local elections raise serious concerns for cities. Problems associated with overlapping election districts, multiple election issues, voter confusion, ballot secrecy, and the need to establish cost - sharing responsibilities are difficult to overcome. The impact of such circumstances differs from city to city. Continued legislative interest in limiting the number of local elections must be tempered with a realistic concern for difficulties presented as well as for the added expense to cities for conducting multiple elections. • C 3211 - Ig - EE -3.___ Local Elections (B) Y -3. Local Elections B Cont•d City off icials support measures to reduce the confl ba incongruent school and county election districts and the corporate City limits and precinct lines. Lack of conformity of school district boundaries with those of cities is a serious deficiency in conducting combined local elections. The League also recogmends the following improvements in the interest of maintaining strong voter interest and participation in the election I. Make it clear that cities are authorized to'detarmine the form of bsllotinq when school district or other local elections are conducted on the same day as regular city elections; 3. Place city elective offices on the ballot iss ediately following there for federal, state, legislative, and county offices and before judicial positions; 3. Authorize cities to carry out the following election. administration duties and responsibilities + Coordination of preparation and printing of mutiple ballots, * Selection and approval of polling place locations and roams, * Rstablishment of the level of election judge compensation, • Transportation related to election activities, • Conduct of election equipment testing and maintenance, • Recruitment and training of election judges, • Allocation of costs among election jurisdictions that hold combined elections with regular city elections; e. Retain authority for cities to schedule special elections on ballot questions, bond referenda, and hone rule charter amendments and to fill vacancies in city elective offices. ' Cities have resisted ' „ pruposaitd= to designate a iingli ocal�,govsrament election day because of the' potential `for voter confu Yon and` thi" - perception of fairness in the election process. The Legislature needs to provide incentives to local units of goverment to cooperate in scheduling elections and to respond to voter interest in combining elections where feasible. • - 19 - 3295 -4. Lobbyist Reporting Requirements t8) for eiti vities to Since the Legislature has enacted comprehensive reporting requirements for lobbyists and those units of goverment which employ then or expend public funds for such imposes, retention of this additional reporting requirement is unnecessary. The newly established lobbyist reporting and registration requirements will be effective in 1991; therefore, the Legislature should terminate the current reporting system with the report due in September 1990. The schedule below would provide the minimum time necessary tc carry out local redistricting. If no constraints are forthc:ming that would adversely affect completion of city redistricting plans. * January 24: Completion of legislative redistricting. * March 9: Completion of cities'' new precinct and wards for local election districts. * March 10: Deadline for publication by counties of 'Notice of Purpose& to announce intent to reapportion county election districts. * April 1: Adoption of county reapportionment plans. This schedule will necessitate an adjustment of preliminary scheduling for legislative redistricting that would place completion on March 26, the latest possible date by which the Legislature is required to be reapportioned for the 1992 elections. It is imperative for the decisions on 109isiative reapportionment to be made in a more timel y manner because of the impact of those decisions.on other levels of government that are also responsible to complete redrawing of election districts, to accurately record and correct voter registration records, and to inform voters and potential candidates prior to the 1 92 elections of the changes that have taken place. The Legislature will receive final census data with which to begin the reapportionment process on April 1, 1991. The new schedule provides 10 months for the completion of that responsibility. Cities would have 45 days from the time of the approval of the legislative • 20 - EE -5. Schedule for Redistricting (a) M W-5. Schedule for Redistricting ( a) reaFportionsent plan to redraw local precinct and ward lines. Oounties would then have from March 9 (when new city precinct and linen must be appr.wed until April i to complete their task to redraw Jaunty commissioner districts. It is important to point out that during this time, counties, cities, townships, and school districts will also be having elections, necessitating additional voter registration and election it►istration - dqJ0 to be • cdr?� 9U►t�R i�f _ , , yr ►:,a respou tibilitiss assoa a ; rlLbl xedaat►ing p�csaitrdk fIS -t L. boundaries. Township elections will be held larch 10; the Presidential Primary is scheduled April 7; school board elections in many districts will be held on May 19. Candidate filings are scheduled to open July 7. At that time, it is essential that all reapportionment plans be in effect. EE - 6. City Elec Cam (C) credits • E Candidates should be encouraged to seek broad backing from constituents. Providing income tax credits should be permitted for city election campaign contributors. This change would correspond to current law that authorizes townships with populations of less than 500 to not a later time for voting to begin for such elections. There are 390, citfes; -with populations of less "than $OO, sacordfnq o preliminary 1990 census"liqures. This ilexibility in polling hours would reduce election costs for those cities and would permit local elected officials to adjust hours of polling to meet the needs of local voters.. Townships of less than 500 population in non - metropolitan areas are currently authorized to set a time no later than 10 a.m. for opening the polls for state elections. Requirements for posting nd publishing of the change in hours and notification of the county auditor 30 days prior to the election would provide sufficient notice in advance of election day. - 21 - Z � EE -7. Optional Poll Hours (C) U -8. Authority to Fill vacancies by Appointment (C) T'h e_lea supports retention of authority for cities to f Current state law authorizes cities to hold special elections to fill vacancies for councilmember or mayor which occur during the first two years of a four -year term. The law also allows cities to select the date for such special elections. Vacancies that occur after that time may be filled by appointment until the date of the regular city election. Legislation that would prohibit cities from filling vacancies by appointment for local elective offices is ill - advised, costly, and needlessly creates obstacles to local self - governance. Such restrictions undermine the authority of cities to conduct regular governmental activities and to carry out statutory responsibilities. Vacancies in the offices of mayor, city council, and /or elected city clerk must be filled promptly to assure that a quorum is maintained and to permit the city to effectively conduct official business. There are more than 130 standard plan cities, many of them very small communities in which the position of city clerk is an elective office. It would be irresponsible and unworkable to require such cities to wait until the date of the next regular city election to fill vacancies in that office. In addition, for the nearly 700 cities that hold regular city elections in November of even - numbered years, such a requirement could force the city to hold an extra election in the odd- numbered year, thereby substantially increasing local election costs. 8E -9. Mail -in Balloting (c) - 22 - • 30M While it is important for the county auditor to be informed in advance of scheduled city elections, the city council should be fuXly authorized to schedule such an election on a ballot question and to provide appropriate notice to the auditor as required for other local elections. 9 EE -9. Mail -i Balloting (C) (Coned) Mail -in balloting has been successfully conducted in a number of cities in' the past two years. Increased voter participation as well as cost - savings have been realized. ES -10. Voting agaipment (C) The League opposes state - mandated changes to election laws that are of no benefit to city elections, that matte equipment obsolete or costly to retrofit, or sake elections difficult to administer. EE -11. Recall of Local Elected officials (C) The League opposes state - mandated recall of city elected officials. Extending recall to all local governments is inappropriate and unnecessary because: I. It is of limited usefulness under the Constitution; and 2. Existing statutes which authorize removal from office of elected officials convicted of serious crimes essentially serve the same purpose as recall. The Minnesota Supreme Court has held that recall is a form of removal from office. Since the Minnesota Constituion provides that officers may be removed only for malfeasance or nonfeasance, recall can therefore only be used in those instances. Cities may adopt home rule charters and include recall provisions; nearly half the home rule charter cities have done so. Because of constitutional restrictions, however, recall is rare. Further, where elected officials have been convicted of serious wrongdoing while holding office, cities have succeeded in declaring the office vacant under N.S. 351.02, thereby removing elected officials who have been convicted of a serious offense based on the failure to uphold their responsibility as a public officeholder. I 347? _2J_ The League supports protection of citigst investment in voting equipment. Certification of equipment should be thorcuo and provide time. assurance that the equipment will be usable for a long period of There is no need for legislation to impose initiative and referendum. The law permits city residents to adopt a home rule charter to provide for- it and enables then to adopt provisions to meet their needs. Vhere city voters have chosen not to establish initiative and referendum, the Legislature should not act to impose it. Two - thirds of cities with charters provide for initiative and referendum, with varying procedures. The Legislature should continue to allow city voters to decide whether to provide for such procedures. • LI 33oo - 21 - League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 ( 612) 227.5600 (FAX: 221.W) GENERAL LEGISLATION AND PERSONNEL • Polic Priority GLP -1. Mandates A GLP -2. Comparable Worth B GLP -3. Employee Benefits B GLP -4. Employee Training and Education Requirements B GLP -5. Gopher State One -Call B GLP -6. Liquor Issues B GLP -7. Local Police and Paid Fire Relief Associations B GLP -8. Minnesota Public Employment Labor Relations Act (PELRA) B GLP -9. Open Meetings and Data Practices B GLP -10. Presumptions for Workers' Compensation Benefits B GLP -11. Public Contracting B GLP -12. Public Employees Retirement Association (PERA) Benefits, Financing, and Administration B GLP -13. Tort Liability and Insurance B GLP -14. Utility Service Territories B GLP -15. Vetera�sl Preference 8 GLP -16. Cable Communications C GLP -17. Government Training Service Funding C GLP -18. Military Leaves C GLP -19. Social Investing C GLP - 20. State Financing of the District Court System C GLP -21. State Licensing of Contractors C GLP -22. Time and Distance Residency Requirements C GLP -23. Towing of Abandoned Vehicles C GLP -24. Volunteer Firefighters C - 25 - Printed on recycled paper 330 `■e 8 NNU171 ($1Xn74W(FA&n14W) F k 3 � GENERAL LRGISLATION AND EMUMMZL One of the most serious problems facing cities is the growth in the number and cost of federal and state - mandated programs which substitute the judgments of Congress and the Legislature for local budget priorities. Recent examples of costly mandated programs include affirmative action, comparable worth, employee right to know, legal compliance audits, and newspaper publications. Special bills to address this problem on an ad hoc basis have not provided a permanent or statewide solution to these problems. The League therefore supports the contibuation and improvement of legislation which requires the state to adopt a policy of deliberate restraint on its mandated programs. First and foremost, the Legislature should recognize the absurdity of its current definition and classification system of mandates which results in treating costly mandates like comparable worth studies and implementation as non - program mandates which need not be reimbursed by the state. Mandatory fiscal notes identifying local government costs on any new mandated programs when they are introduced in the Legislature, and a statement of compelling statewide interest to accompany all state mandate, should continue to be required. Similar procedures should be required of state agency rulemaking. The League further supports the recently adopted Governorl's Advisory Council on State and Local Relations teeommend d guidelines - for mandating fcor the'legislative and executive hranches. New mandates should include revenues or alternative revenue producing mechanisms, other than the general property tax subject to levy limits. Also, the Legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. Some states have enacted, and others are considering, amendments to their state constitutions regarding mandates. In an attempt to foster accountability, these amendments specify that local governments would not have to comply with state mandates which are not accompanied by 33 -2,_ GLP-l. Mandates tA) GLP -1. Mandates (A) (Cont'd) state funds or which do not specifically authorize local governments to raise revenues locally to pay for the mandate. The initial experience with these amendments seems favorable to both the states and their political subdivisions, and does indeed foster acountability for program decisions and tax levels. GLP -2. Comparable worth (B) Tne League supports efforts to eliminate any sex -based differences in compensation of public employees and asks the Legislature to refrain n 199 form of a special levy or adjustments or a limit on those employers for which a such as those with too few positions. ng financial a r istance to cities in the , ermanent levy ..ase adjustments for equity he amoun of equity adjustments which a i a n year. Following a review of Leg sli ature should exempt from the law job evaluation system proves unworkable, employees or too many single incumbent job The 1990 Legislature enacted significant amendments to the state's comparable worth legislation. Many local governments will incur substantial costs in adjusting their implementation programs. As a result of the changes, some cities may not finish implementation by the December 1991 deadline. Further changes only months prior to the deadline would be irresponsible. Following the deadline, the Legislature should evaluate the implementation reports and consider options for providing financial assistance to those jurisdictions still deemed out of compliance with legislative goals. GLP -3. employee Benefits (B) The Lea 4e supports legislati . romo_ting the efficien a nd economical Provision of em to ee benefits including life health and dental care for c r_ n o s and specifically opposes legislation s "' o e `o groups of to unilateral) se Wect e r cu ar care prow dera. The League further asks the Legislature to refrain from mandating additional benefits to public employees absent considering the financial implications of these additional benefits. The Legislature has frequently mandated additional benefits and workplace regulations applicable to public and private employers. While many of these actions are worthwhile purposes, they have a significant impact on local finances and on the collective bargaining process. The Legislature must bear in mind that to the extent that _2g_ 330,3 G_LP -3. Employee Benef (B) (Cont•d certain benefits are given away unilaterally there is no need to bargain for them, thus allowing public employees to demand other benefits through negotiation. While it is unrealistic perhaps for the Legislature to refrain totally from mandating certain benefits, they should consider the ramifications of their actions and understand their substantial role in increasing the personnel costs of local governments. Citi is like 'all �loyerd,��aalaived at the' apidl risYnW at' of health byre* jti ' seta T • , ealth dare bvatlabiYity, cir itical issue "in"'many parts of the state. The League supports efforts to ensure the availability of quality health care at affordable costs. However, some past legislative actions have limited cities flexibility in selecting health care providers. Specifically, as an element of the creation of a statewide health plan for public employees the Legislature provided that exclusive representatives may unilaterally determine whether their employees will participate in the state plan, leaving only the proportion of premium paid by the public employer subject to bargaining. The result may be additional administrative or personnel costs to the public employer. The Legislature should eliminate the unilateral selection authority it has granted exclusive representatives. GLP -4. Employee Trdining and Education Requirements (B) onal ana rinancia e train of The Legislature recently considered proposals to require state certification for firefighters and dispatchers, and four -year college degrees for police officers. There have been other related proposals, all which seem to ignore the significant impact on local recruitment and retention and cost containment efforts. Rather iespohd with additional state requirements, the League suppdfti 4ffbkts by "thlk "statd - to mdk training programs more readily aVailible 'fotllocal'"'dmployees'aa' well as financial assistance by the state to encourage local governments to provide additional training and educational opportunities for their employees. Further, alternative methods should be provided for entry into these positions. • 33"Dy- -29- • GLP -5. Gopher State One -Call (8) The cities and other local to One -Call excavation The 1987 Legislature enacted a one -call excavation notice system. Among other requirements, the law requires local governments that issue permits for an activity involving excavation to continuously display a state prescribed excavator's and operator's notice, and to provide all permit applicants a copy of the state law (Minn. Stat. 216D.02). All excavators are then required to contact the state notification center at least 48 hours prior to excavation (except in emergencies). The center is then to contact all operators of underground facilities (cable television, phone, electrical, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and other similar substances) in the area which in turn are required to mark their facilities within 48 hours. Although labeled as a one -call notification center, the system will result in multipl*j contacts. For instance, an excavator will apply to a city with an excavation permit system. The city will notify the excavator of the state law requirements. The excavator then contacts the state notification center which in turn will contact the city, among the operators, of an excavation the city already knows about and will charge them f-+r the notification. This aspect of the system is absurd and should b.: modified to exclude notice to cities when they have an excavation permit system which triggers the system. The Legislature should conduct a review of the one -call system to determine if it is being operated efficiently and to determine if its billing practices should be changed. GLP -6. Liquor Issues (B) The League opposes the establishment of one cla of beer and the off -sale of wine i n other than liquor stores. The establishment of one class of beer in Minnesota would cause substantial problems in controlling the sale of beer in filling stations, . grocery stores,, drpg stores and elsewhere where 3.2 beer is a "Aisb,,' with rQgar e o a ,prapt $ai; for only. one. class of beer in Minnesota, current 3.2 on -sale establishments could be selling strong beer without the supervision and controls imposed upon on -sale liquor establishments and municipal liquor stores, or would be forced to meet most if not all the restrictions on intoxicating liquor establishments. Cities should be fully authorized to establish hours of sale and be expressly authorized to establish differing license fees for establishments having different hours of operation. 3305 - 30 - • S a The establishment of multiple mechanisms to make post retirement adjustments to protect retirees in local police and paid firefighter pension plans is illogizal, confusing, unnecessary, disruptive, and expensive. r 1 GLP -8. Minnesota Public Employment Labor Relations Act (PELRA) (B) 1. The islation be enacted that gives ther request nq arbitration w or allow Cities in Minnesota are very dive-se in their public employment practices. Their ability to deal with employee strikes also varies greatly. The history of bargaining in the public sector has indicated that if cities are properly prepared, even strikes by "essential employees• may not unduly threaten public health and safety. In contrast, the prohibition of the right to strike has forced undue reliance on arbitration ,'which usually has resulted in l!rge;-�`_, a- compinsatf h Wards td essential employees. For these reasons the Lea •` que recommends that legislation be` e'nacted" that gives public employers the option of either requesting arbitration within a specific time or allowing essential employees to legally strike. Further, the League opposes considering any additional employee groups as essential employees. 2. The League recommends the Legislature authorize public to select item-by-item impas arbitration as a method of on. Currently, state law provides that both parties to an arbitration can decide what type of arbitration they are 3301 - 31 If despite city objections, the Legisl authorizes another bene.11 GLP-7. Local Police and Paid Fire Relief Associations (8 GLP -8. Minnesota Public Employment Labor Relations Ac (PELRA) (B) Cony submitting to, final offer item -by -item or final offer total package. since the arbitration will inevitably involve public expenditures from state and local taxpayers, the wishes of the representatives of the taxpayers should be the sole determinant of the type of arbitration. • • 3. The League recommends that the Legislature reinstate the previou definition of em to ees covered by PELRA to people employed for more than 100 work nq days in a calendar vear. The 1983 Legislature reduced the time period that part -time employees must be employed before they are considered employees covered by PELRA. This has resulted in higher wages for some part -time employees, and more significantly, has resulted in cities hiring fewer part -time employees. Additionally, many employees who view their work as temporary or transitory in nature, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Experience with the law has indicated general dissatisfaction with the law by every affected party except unions representing primar=.ly full -time employees. 4. The League opposes any c hanges in PELRA which would permit Public Supervisors of public employees should have their management role acknowledged, and continue to have their status limited so they may meet and confer. In no event should supervisory or confidential employees be represented by an employee organization which represents the employees they supervise. Further limitation of the definition of supervisory personnel would mean that in cities, except city manager cities, no employees could be considered to be supervisory employees i purposes of PELRA. 5. The st be paid on arvAuraLzvn awar secause eitner aide to a contract may precipitate delays in settlements, it WOU14.be, unfair to sanction public employers for the delays. As an' incentive to prompt settlements, the League supports eliminating the ability to make retroactive settlements on arbitration awards. - 32 - 3:3a *2 • The 1990 Legislature passed legislation attempting to address issues raised by the Annandale Advocate and other recent court decisions regarding the confl cts created by provisions of the open meeting law and the data practices act. rAiiiie !xi` .•.:Ltiwt.i vei ..ls y i .}4 ti�ii71 V j '�:irir i i' 1' + "*OPVMP 3P Mho r ?he infant bf- the'opsn ieetL4*,1L*ieAd� W within' ficEii f � ZINai limits the access of persons to the actions and motivations of government. The data practices act is intended to ensure within practical limits the privacy of persons who willingly or unwillingly become involved with their government. when private or other - classified information must be discussed by a public body subject to the open meeting law, as inevitably it must in many situations, the government is forced to attempt to meet two conflicting statutes. The 1990 Legislature attempted to identify likely areas of conflict and to provide clear rules for local governments to follow. Unfortunately, not all circumstances could have been anticipated nor remaining ambiguities addressed. Even though the new law only went Into effect on August 1, 1990, certain issues have already been raised. The League supports amendments addressing the following Issues: , 1.' Should the law be administered re'roactively, thus requiring release of documentation support. ,g disciplinary actions fially determined prior to August 1? 2. Does an individual have to be notified of their right to have an open hearing, thus in effect waiving their right to privacy? 3. Do veterans preference hearings and civil service proceedings qualify as arbitrations which extend the period during which supporting documentation remains private or confidential? 4. If these proceedings also qualify as arbitration, how, do local, governments deal with the different appeal periods and processes; is the data private until all administrative appeal. periods. lapse? S. 'What reasonable�eiforts must a local government make to keep private data which must be discussed publicly? 6. what are the rules when data or meetings involve troth private and public data? City officials are making good faith efforts to comply with both laws. without additional clarification, however, the Legislature must realize that city officials owe it to their constituents to limit the cityls exposures to liability. Consequently, cities will continue to be conservative in releasing data where there might be potential 3308 - 33 - GLP-9. Open Meetings and Data Practices (8) GLP -9. Open Meetings and Data Practices (B) (Cont•d) liability. Further, it seems absurd to continue data classification as private if governing bodies must discuss it publicly. The logic of the Annandale decision is sound and the League urges the Legislature to return to the rule that if private data is discussed it must be discussed privately or alternatively that the current data classifi + --ation system should be replaced by a more flexible system dealing with government information practices. GLP -10. Presumptions for Workers' Compe Benefits (B) e supports modifications to the workers' compensation (Minn. Stat. 176.011, subd. 15) which would restrict ons of occupational diseases ses to apply only after an empl lish an absence of personal risk factors that could have e disease or illness. The law allows for the legal presumption that police, fire, paramedics, emergency medical technicians, and nurses contract certain diseases or illnesses due to their employment. Employers must then rebut the presumption by introduction of evidence. This burden is difficult and increases the chance that employees receive compensation for non -work caused illnesses and diseases. Currently, the law provides the following presumptions for the following personnel: Police and fire -- Myocarditis, coronary sclerosis, pneumonia or its sequel Police, fire, para- medic, emergency medical technician, nurse -- Infectious or communicable disease (exposures outside of a hospital). Fire -- Cancer All of the listed disease or illnesses are common to the entire population and an equal or greater correlation may exist between the specific illness and the individual's personal risk factors such as smoking, diet, exercise, heredity, and lifestyle than the correlation between the job and the illness. A For this reason, the League supports legislation limiting the presumption to cases where the employee can demonstrate limited personal risk factors, or alternately the Legislature should clarify the right of a local government employer to prohibit smoking on or off -duty and to require other measures to limit non -work causes of these illnesses and diseases. • - 34 - 33Dq GLP -11. Public Contracting (B) S. Cq islative ma to clari sery ze to 0 As governmental bodies, cities and other local governments have an obligation to engage in fair and public contracting practices. State laws have attempted to provide guidance to local governments in their contracting practices. The League supports legislation updating these statutes to reflect inflation and to r+odify provisions to meet current needs or unique situations. 1. The League supports referencing the contract amounts over which sealed bids must taken in the amounts specified in Minn. Stat. 412.311. These statutes govern purchasing practices of statutory cities. However, in a 1978 opinion the attorney general stated that the bidding requirements for statutory cities are governed by the dollar limits of the uniform contracting law rather than Minn. Stat. 412.311. This opinion has been followed by most cities although recently there has been evidence of some continuing confusion. In order to clarify the mptter, the Legislature should adopt language making the two statutes consistent. 2. The Legislature should increase the purchasing authority of city managers in Plan B cities from $1,000 to conform to the amounts in the uniform municipal contracting law for contracts which do not have to be let after taking sealed bids. Minn. Stat. 412.691, first enacted in 1949, provides that Plan B managers are the chief purchasing agent of their city. Currently, all purchases for the city and all contracts are made by the manager when the amount of the purchase or contract does not exceed $1,000; but all claims resulting therefrom must be audited and approved by the council similar to other claims. All other contracts and purchases are made by the council after obtaining the recommendation of the manager. The Legislature in 1959 increased the statutory amounts from $500 to $1,000. It seems reasonable to increase the amount to the level specified in the uniform contracting law fo purchases that do not need competitive bidding, which is currently $15,o00. 3. The League supports clarifying uncertainties that have arisen regarding when cities must obtain contractor's performance bonds. Minn. Stat. 574.26 provides that contractor's performance bonds must be obtained in order to validate any city contract for the doing of any public work, unless the contract is for less than $10,000. Letters of credit may be used as an alternative for projects up to $50,000. • .3.3/0 - 35 - GLP -11. Public Contracting (B) (Contfd) Minn. Stat. 469.155 provides that for industrial development projects a city may choose either to require a bond or may rely on the mechanics lien statutes to protect subcontractors, but in a pending court action at least one district court judge has ruled that a city may be deemed negligent if it does not require a bond. The League supports a continuing review of these statutes and supports clarifying legislation that allows cities to determine without fear of liability whether bonds or other security should be provided by a particular developer or contractor on public projects or development projects. Additionally, the Legislature should remove the dollar restriction that allows letters of credit only on public projects which are less than $50,000 and allow cities to determine which form of security best protects the citizen of the city regardless of the project cost. 4. The League suppc_ts legislation authorizing city councils to delegate authority to other city officers, employees, or consultants to approve up to a specified amount or percentage in change orders to pay for unforeseen circumstances both in public improvements under Chapter 429 and in other contract situations under the uniform municipal contracting law (Minn. Stat. 471.345). 0 GLP -12. Pu blic Finan�cina. and Ret ssociation (PERA) Benefit current early- retirement reduc tion factor for current employees cially ves Members have provided substantial service in reliance on these beneficial and supposed permanent fund features. 2. The League of Minnesota Cities opposes modification of the "high f i t mu F d t on. .in, l9 ?, , ,of. - *Ji gh, f vs year": bent t u A or ERp provided vary, adequate, pension benefits for career municipal employees. Further shortening of the averaging period would create windfalls for some PERA members and multiply opportunities for manipulation of service and salaries to maximize pension benefits without proportional contributions to the fund. 3. The 1989 Legislature made major benefit improvements, changed statutor assumptions and the time table for f ull fun ding. Subs tant al ex erienc' wIt the new law should be ga ned before a O signif i cant changes are author zed by the Legislature. Any contributi n reduct permitted by excess reserves or excessive - 36 - 33// 1. The League opposes any change in the PERA rule of 90 or the G Public Employees Retire Association (PERA) Benefits, F1nAt1nina_ and ldmin ntvAt nn /R1 frnn **dl current contributions or combinations of the two should be of such amounts as benefit the employer and employee equally as a percentage of overall employee salary or in the case of police and fire, in the same percentages as contributions are made. 4. The present 22st-retirement investment fund-should continue.— - P qp n sm However, a vol untary alternative n a on a us nt should be rovided �gQiah permits si i�` i ` mt64tmenteiit . � stocks, which when measured over extended time periods have historically produced a better rate of return than fixed income investment. 5. The Legislature should amend the present provision on disbursement of the two nrcent tax provision on automobile casualty nsurance to allow expenditures b the recip ent political subdivision of an excess over the employer's share of HUH6 retirement c osts for any employee or retired employee health nsurance costss�nstead of reau r nc oavment to PERA for transfer to the nubl c emnlovees GLP -13. Tort Liability and Insurance (B) The League supports legislation reducing the exposure of cities to on from negligent individuals. The League also • The growth of tort litigation over the past several years has resulted in increasing liability for governmental entities, private businesses, and individual citizens. Additionally, business practices of insurance companies have played a significant role in insurance pricing. The League supports reasonable reforms addressing both sides of the liability insurance issue. The municipal tort liability act was,.,enACt WAft 1963 to protect the public treasury, while giving "citIzi66 'thW arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity. The act has served that purpose well in the past. However, courts frequently forget or ignore the positive benefits secured to citizens as a result of the act, which includes liability exceptions and limitaticns. 1. Continuing our system of clearly defining and limiting the scope of public liability through legislation. The League strongly supports 33AZ y The special vulnerability of far -flung government operations to debilitating tort suits continues to require the existence of a tort claims act, applicable to local governments as well as the state. Thai League recommends the following: - 37 - GLP -13. To Liabil and Insurance (B) (Cont'd) retention of the dollar limitations on governmental liability. The current limits of $200,000/$600,000 seem sufficient at this time but should be reviewed periodically to ensure that those injured are not unfairly compensated and that the limits remain constitutional. The limits should be set at an amount that allows all levels of government to economically procure coverage, and provide sufficient lead time to avoid to the extent possible budgetary problems. Additionally, the limits should conform to the extent possible with coverage limits available from insurers. 2. The League supports modifying state laws providing for punitive damages. Punitive damages, intended to punish and deter egregious conduct, have not been effective because the standards of applicability have been too vague. The League does not oppose the total elimination of punitive damages, but would prefer that the Legislature specify that punitive damages may be awarded only when the conduct involved manifests a malicious and flagrant indifference to safety, and place monetary limits on such awards or require payment of some of the damages awarded to the public, rather than to the plaintiff. 3. The League favors eliminating joint and sexeral liability except in limited circumstances. The fault -based system of damage awards has apparently eroded. In order to facilitate the return to a fault -based system, joint liability should be abolished in cases where defendants have not acted in concert, and a modified comparative fault system should be used to evaluate the actions of other individuals involved with the injury and a3sess damages only in proportion to the amount of each person's fault. At the very least, the Legislature should retain the 1986 modification to the comparative fault statute that eliminates joint liability for governmental defendants when they are less than 35 percent at fault. 4. In order to protect any enacted legislation from constitutional equal protection challenge, the Legislature should establish rationales defining the problem and the intent of the Legislature. Further, all government entities should share the same exceptions and limitations in order to avoid an equal protection challenge. G1J?-14. Utility Service Territories (B) lation confirming the cities: i to require franc telecommunication, steam,a service within municipal bo municipal utility, to serve a without paying prohibitive s charges. s or ail nun- munici ai electr of water utilities as a preco ries, and 2) if city has or territory within city bounda culative, or unjustified buyo sot& c as d starts a In order to plan in the most effective and economical way for city economic development and infrastructure needs including those not - 38 - 3,343 GUII -14. Utility Service Territories (8) (Cont•d) directly related to gas and electric or other services, cities need substantial controls over the type, location, cost, and layout of electric, gas, and other utilities. They must also be able to cause relocation of the same without great public expense. Recent decisions of the Public Service Commission have called into question city powers to franchise in or serve new areas of the city. Rigid service territory boundaries established by the commission must be subject to practical modification to best serve the needs of city residents and the *%aft a* %a & "91*4 to y*lV9K*1s eO aaaga a WA ., isol nt treys : iilfion*rl GLP -15. Veterans# Preference (8) The Minnesota Supreme Court, has indicated that these statutes need to* be amended. The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment pendi the hearing when the veteran does not request a hearing within 10 days or when an impartial hearing body determines that the dismissal was for just cause. 2. The League supports legislation providing spe cific time lines to be r so no Later than 90 days following a Currently,an employee has: 60 days from the date of the employers notiae of discipline or. dismissal to request it wheariik #: ' if a "fieari Is requested, there are -no time lines for holding 'hearings or renderin? decisions. Under this systea,.a termination decision can, and has, taken more than a year, during which employee receives full pay and benefits. The result is extremely costly to cities, particularly small cities, which often must hire replacement workers for this period. The Leaguefs proposal to provide a more expedited process would not infringe on the employee's right to a hearing, but would ensure a more efficient and cost - effective procedure. 33�y 39 - Current statutes entitle a veteran to at least two different hearing procedures to challenge any disciplinary action. This is inefficient and may be unworkable, since the standards f - )r court review of the decisions of veteransO preference boards and grievance arbitrators vary significantly. 0 GLP -16. Cable Communications (C) The League supports strengthening the existing M innesota cable act. Minn. Stat. Chapter 238, in its present form, is very important to local governments because it protects cities rights to enforce local standards and cable operator commitments for technical, construction, and programming performance. Any changes should strengthen the authority of local governments to franchise and regulate cable communication systems in their communities. Additionally, the state should reinstitute active monitoring, administration, and enforcement of cable with specific reference to the proper filing of initial and modified franchise ordinances, franchise renewals, and transfers of ownership. Relationships between local franchising authorities and cable operators - �se defined at the federal level by the Cable Communications Policy Act of 1984, at the state level by Minnesota Statutes Chapter 238, and at the local level by local cable franchise ordinances. In 1985, the Legislature abolished the Minnesota Cable Communications Board, an appointed body of the Department of Administration which promulgated and enforced provision of the cable legislation and accompanying rules. This legislation codified some previously existing board rules into statutory form and reassigned responsibility for telecommunications from the board to the commissioner of commerce. However, in 1987 the Legislature discontinued any state enforcement for cable. GLP -17. Governm Training Service Funding ( CZ The League supports continued state financial funding for the Government Training Service. The Government Training Service ;GTS) has been invaluable in maximizing training opportunities while minimizing training costs for local gp, grnment X i�als and staff -over the past 10 years. Both the need an R demand �or; services are greater than ever during these times of tight budgets. GTS continues to respond on behalf of all local jurisdictions in Minnesota by developing innovative, low -cost alternatives and exploring cost- effective delivery systems. The Legislature should continue state financial support for GTS. - 40 - 331,5' Under current law, a city employee, as well as any other public employee, is entitled to leave with full pay and accrual of seniority status and other benefits for all the time the employee is engaged in short - term (15 days or less) military servi while receiving full military pay.. Cit es, pertisuai�.Y4osp,:h abire„ pmt - tre y replacement employees when others take h�li arp save, suffer a significant financial hardship not shared by private sector employers who are not required to provide short -term paid military leaves. Public employees should only have to pay the difference between the employee's military pay and their regular wage for this 15 -day period. Any longer leave period should be without pay and the accrual of seniority and other benefits should be suspended for military leaves beyond 30 days. Current law which provides for mandatory leaves and reinstatement after wars, declared emergencies, active duty training, and duty training should be changed to provide for mandatory leaves and reinstatement only after wars and declared emergencies. Employees should not be entitled to leave and be reinstated for active or inactive training duty. • GLP -19. Social Investing (C) Public of max be invested solely f Investment management responsibility reserves should be removed from the lodged in a politically independent limited to people qualified to manag pension programs. for public employee pension state Hoard of Investment and board, the membership of which is e investment portfolios for large GLP -20.r- Stag 1►1nbncing of th0 Dfstrict Court syetem ,(9) _ to the state of the obligation for aerenaer sy stem provicea that the transfer or related actions reduce ci revenue sources or li c t access to the Judi c sys tem. The League generally supports the transfer of court system* financing obligations to the state as necessary and proper following the recent transfer of the administration and overnight responsibilities to the 3-1 41 - GLP -18. Military Leaves (C) GLP -20. State F l- ancing of the Distric Court System (C) (Cont'd i s state. However, similar to the position of the Legislature, administration, courts, and public defender system, cities do not want to be negatively impacted by the transfer either financially or administratively. The League specifically opposes any effort to divert to the state fines, fees, or other revenues meant to partially compensate cities for their law enforcement and prosecution costs. GLP -21. State Licensing of Contractors (C) _opposes the statefs takeover of trade contractor licensin state acts to create a sin le licensing s ystem ci ies given the opportunity to partici ate in the formulation of and allowed an additional surcharge on building permits to f cat on of lic itus, and the state should commit a proper level of enf Licensing of general trade contractors and various other activities has long been a local prerogative, and the mechanism for license review, issuanc( and enforcement is already in place. The primary reason that local licensing has been successful and therefore maintained at the local level is that inspection and enforcement personnel reside at the local level, know the area and activities, and are familiar with local ordinance and restrictions, thus providing better and faster enforcement. There are bene:its to both types of systems. Any state system should seek to combine the advantages of statewide uniformity and local familiarity. First and foremost, if the state seeks to license contractors, it must make and maintain a firm commitment to provide the resources to enforce the state system. Second, cities should participate fully in establishing standards and procedures for the statefs system. Finally, similar to other state licensing systems which rely on local governments to confirm license status, a means of reimbursing local officials for their costs should be included in any state system. GLP -22. Time and Distance Residency Requirements (C) _-WaqUe supports l islation allowing cities in the metropolitan e enact reasonable area and response time restr ct ons if there a demonstrated Job necessity for certa n employees to reside close In recent years the Legislature has limited the authority of cities and other local units of government to impose residency requirements for their employees. The Legislature has recognized, however, the need for insuring the ability of certain employees to be available to respond to emergency situations. 3317 GLP -22. Time and Distance Residency Requirements (C) '(Cont'd) In 1984, in the same bill which prohibited non - metropolitan cities from le enacting blanket residency requirements, the Legislature specifically allowed non - metropolitan cities to enact reasonable area and response time restrictions if there were demonstrated job necessities for employees to reside close to the city. Urtfoitunately, a drafting error Prohibited metropolitan cities from enacting these restrictions. In 1985, the Legislature acted to allow metropolitan communities to impose reasonable time and distance requirements for volunteer firefighters. 'l ivmamt_bfl `Eh ;' 1� ORI NO &t on where metropolitan communitios cannot impose reasonable time and distance requirements for their police officers, paid firefighters, or any employee, with the exception of volunteer firefighters. The League recommends that the Legislature grant metropolitan cities the same authority granted non - metropolitan cities to impose reasonable time and distance requirements where the city can show a demonstrated job - related necessity. Because these requirements must pass this difficult test and directly affect the public safety of the community, these requirements should, under no circumstances, be considered as mandatory subjects of collective bargaining. GLP -23. Towing of Abandoned Vehicles (C) 9 The League supports le islation clarifying the authority of cities to impound abandoned motor vehicles. State law prohibits a private vehicle to vehicle from private property unless the the owner of the vehicle or of the owner 465.75). While this statute intended to companies from improper towing practices ramifications of the law go too far. wer from removing a motor tower has the permission of of the property (Mirn. Stat. prohibit hawkish towing is laudable, the Cities are authorized to impound abandoned motor vehicles and state law provides a detailed process to accomplish the removal of health hazards and eyesores (Minn. Stat. 1688.04). Unfortunately, the recent leg islative act could bps construed to prohibit cities from utilizing private towers to remove and impound abandoned or junked automobiles. Cities couM. be forced to use its own employees and equipment because it is not in the business of towing." The law should be amended by adding an exclusion for private towers who act at the direction of a city following the procedures prescribed in Minnesota law. Additionally, 1999 legislation generally prohibited towing prior to the lapse of a four -hour period. The law, which was modeled after the City of MinneapolisO towing ordinance, does not allow enough flexibility for unigLe circumstances in various cities. For instance, cities with lakes and public accesses have a serious problem with 331 S - 43 - GLP -23. Towing of Abandoned Vehicles (C) (Cont'd) vehicles and boat trailers being parked near the access in a manner which inhibits or prevents others from using the access. The Legislature should loosen the law to allow cities to address these unique circumstances. GLP -24. V olunteer Firefiqhters (C In the absence of an overriding and well - demonstrated need to provide full vesting for short service the League opposes further reductio in current statutor s for vesting volunteer firefighter pensions. Statutory changes to allow local volunteer firefighter relief associations to pay full yearly pension benefit portions to retirees with less than 20 years of service will increase actuarial costs to cities and reduce incentives for long service. • A 1] X33/ ? - League of M innesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FA:�: 221.0986) LAND USE, ENERGY, ENVIRONMENT AND TRANSPORTATION Po licy LUEET -1. Annexation LUEET -2. Solid and Hazardous Waste Management Lt'EET -3. Transportation Funding LUEET -4. Energy Conservation LUF.ET -5. Environmental Trust Fund LUEET-6. Protection of Wetlands LUEET -7. Mass Transit Funding LUEET -8. Transportation Structure and Responsibility LUEET -9. Wastewater Treatment LUEET -10. Water Conservation and Preservation LUEET -11. Zoning, Subdivision, and Planning Statutes LUEET -12. Concurrent Detachment and Annexation LUEET-13. Eminent Domain Law LUEET-14. Pesticides and Other Hazardous Materials Priority A A A B B B B B B B B C C C i s L 33ao - 45 - Primed on recycled paper League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221-0986) ss - LAND US ENERGY, ENT ENVIRONM AND T1�SPORTAT�nW s1i :�� ,::Cl.yo �.:'�..� FJ T. 14; V111 r }„la,.. 1 ..J.Y 4. � . ♦ w .,, + � Ni � .�, :..s i�k. r r� 4•i V 1w�! 1' .�., .....jG -t� ., .,, r„_. �l "'.•. ..J ♦.tii �':� �.1R 37.� �� Z�. Public policies which encourage substantial development in non -urban areas and which extend public services beyond existing jurisdictions and service areas are wasteful and counter - productive. Additionally, shoreland and prime agricultural land are major natural and economic resources and the state should include as a major objective, their preservation, and wise use. • Particular attention should be given to the problem of development and the delivery of governmental services to urbanizing fringe areas. State law should continue to encourage the preservation of shoreland and prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The League recommends: 1. That state statutes regulating annexation be changed to make it easier for cities to annex developed or developing land, within unincorporated areas designated as a growth area by the annexing city. It is unfair to city residents to have individuals avoid paying their fair share for municipal services provided by the city government by living in the fringe area around a city; and Z. Cities should be given the authority to extend their zoning ordinance and subdivision controls up to two miles outside the city's boundaries regardless of the existence of county or township controls. X11 . : ,. . - - The problem of regulating, controlling, and disposing of solid and hazardous waste will continue to be a major environmental issue";both ry .3 3?/ + TI . .. - IVE nationally and in Minnesota. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and issues raised by the League and local governments, and we recommend the Legislature for its actions. The existing waste management and control system for handling and disposal of hazardous materials centralizes responsibility at the state level, but requires the cooperation and support of all levels of government. The system established for solid waste is more diffuse, relying on cities to control and regulate collection, counties to regulate or operate existing resource recovery or disposal facilities, and the state to coordinate responsibilities and plan for future disposal needs. Both systems foster and encourage abatement, recycling, and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. The system appears to be working, and therefore the League does not perceive a need for major changes to existing legislation at the present time. But any future legislation that may be considered should enhance and not diminish the emphasis on these concerns. The Legislature should adopt provisions promoting timely and consistent decision - making, including establishing timelines for review and approval processes if appropriate. 1. Effective planning. To the greatest extent possible, all levels and units of government and the private sector should be involved in all phases of planning and managing the solid and hazardous waste streams to assure a cost - effective and environmentally sound solid waste and hazardous waste disposal system. 2. Alternatives to landfills. The Leagua strongly endorses abatement, recycling, and resource recovery activities and programs to reduce the need for the land disposal of waste. The goal should be to reduce, to the maximum extent practical, the need for land disposal of unprocessed solid waste, and to totally eliminate the land disposal of hazardous waste. The League supports annual statewide recycling goals for local governments based on a percent of total tons of mixed municipal solid waste generated. The League supports the prohibition of disposal of unprocessed solid waste in landfills, as cost- efficient and environmentally safe alternatives are developed and funding is provided to cities to implement their responsibilities. Ash from waste to energy facilities should continue to be regulated as a special waste. 3. Funding for recycling, reduction., and .abatement efforts. The League supports alternatives to general taxes as sources of financing conservation Efforts. These alternatives can include specific taxes, additional fees on landfill or disposal facility users, and state or county grants and loans. Financial assistance programs need to be . regularly reviewed and continued if necessary to effectuate waste reduction. Changes in financing should be implemented in a manner 3 3 a<IR, _ LUE T -2. Solid and Hazardous Waste Management (A) (Cont'd) which avoids budgetary disruption. The Legislature should continue to fund educational and operational pilot program efforts on the subject of solid and hazardous waste disposal, including alternatives for the disposal of household hazardous waste, such as those promoted by the household hazardous waste reduction project. The League also supports legislation rewiring that the 6% garbage sales tax (SCORE tax) be distributed directly to the local unit of government that actually operates the recycling program within that jurisdiction. 4. Incentives for recycling. The League supports efforts to provide a financial incentive for individuals to recycle. Cities should be provided financial incentives to adopt variable rate collection charges that encourage individuals and businesses to reduce waste generation. Additionally, incentives should be provided for curbside pick -up of recyclable materials. 5. Financial incentives for recyclable packaging. The League supports efforts at the state and federal level to institute financial incentives to avoid single -use packaging materials. The state should not pre -empt local regulatory authority in the absence of an effective, state -wide regulatory framework or program which is at least as strong as reulgations already adopted by cities. Further, financial or other incentives should be used to encourage environmentally acceptable product generation and handling. 6. Clean -up of hazardous substance locations. The clean -up and decontamination of existing hazardous waste sites should continue before there is further damage to public health and environment. If a responsible party can be identified, that party should be liable for clean -up costs and personal injury damages as defined in law. If a responsible party cannot be identified, then the clean -up should be financed by the state superfund. Cities which acquire land should not, because of their acquisition, become th= responsible parties for clean- up. Damage caps and state indemnification provisions should be modified to clarify the liability exposure of local governments. Local governments should be protected from extreme clean -up costs. 7. Condemnation awards. The League supports legislation ensuring that condemnation awards to compensate for a takiAg of polluted land are adjusted to accurately reflect the fair market value of the land in its polluted condition, rather than its fair market value after pollutants are removed by the acquiring au- hority. 8. Implementation cf federal superfund community right -to -know and emergency response provisions. Amendments to the federal superfund law require individuals and businesses possessing hazardous materials to report the size and nature of their inventories to state and local agencies and require the creation of hazardous materials response teams. The League supports the adoption of state programs which minimize the cost of these programs to our citizens while fully meeting federal requirements. The new law and subsequent regulations have the potential for imposing significant costs on local governments. These 3 323 - 49 - LUEET-2. Solid and Hazardous Waste (A) ( ont d) additional costs and administrative burdens should be carefully monitored and efforts made to reduce the impact on cities, such as seeking to consolidate the reporting, recordkeeping, and inspection requirements. The LeaguA supports state assistance in establishing regional hazardous material response teams throughout the state by agreements with existing departments or groups of departments. All associated costs should be assumed by the state in arder to ensure uniform protection and equitable financial burdens. Additionally, cities as the likely first respondees to any incident, should be given priority in establishing emergency response plans. 9. Management of solid waste collection and disposal. Cities should retain their existing authority to organize collection and regulate solid waste facilities and should not be required by statute to compensate parties for changes in regulations nor have their local authority to regulate land uses unilaterally overridden by other levels of government. LUEET -3. Transportati -- Fundinu tA� The League su legislative action vroviding an adequa a nd stable source of hignway a nd transit funding, An efficient transportation system is a vital element in planning for fiscal, economic, and social development at state, regional, and local levels. Since the agricultural and recreational economy of the state and its cities are dependent upon highway transportation, it is necessary to�detern.ine long -range highway needs to assure the vitality of the state's economy. Furthermore, environmental concerns and the need to conserve energy require the use of alternate modes of transportation in meeting the diverse needs which exist in various communities and regions of the state. Additional road funding is necessary. Tied in with the funding issue are the issues of jurisdiction studies and turnbacks, and potential constitutional amendments regarding the current' allocation formula for road funds (62 percent to the state, 29 percent to the counties, and nine percent to cities over 5,000 population). Jurisdictional studies that attempt to establish the level of use for particular roads (i.e. classifying roads as collectors, arterials, etc.) have for the most part been completed. Some groups advocate the assignment of road maintenance responsibilities to other levels of government. u 33ay - 50 - U ET M Funding • • st able , _ _ - • c • or t. The League supports targeting the highway user fund to be used only for expenditures related to improvement, construction, and maintenance of the highway system and municipal and county state aid programs. The highway user fund could be supported through fue?, and vehicle registration taxes. At this time, the Teague does not support further increases in state fuel taxes. The League supports creation of a transportation services fund for expenditures related to other transportation services such as public safety, law enforcement, and related activities. The transportation services fund could be supported through driver's license fees, sales taxes, and motor vehicle excise tax (MVET) revenues. The League supports creation of a transit fund for mass ' and light rail transit (LRT) expenditures. The transit fund could also receive MVET revenues. Any remaining MVET funds should be used for additional highway construction and maintenance. 2. The League supports legislative efforts to establish a system of direct appropriations to cities under 5,000 population This could be accomplished through either a constitutional amendment modifying the 62 -29••9 formula for the highway user fund, as part of the current 29 percent county share, or at the level that townships receive direct appropriations. Mandatory state guidelines concerning county use of road funds should be required to insure that all communities within a county receive an equitable share of these funds. Further, the state should establish minimum county funding participation requirements for state and federal highway projects. 3. The Leaaua sunnortc nnnnrtimitioc fnr toll facilities. Cities should be given the flexibility necessary to finance future needs through public, private, or joint agreements. 4 . a 5. The Legislature should authorize cities to establish. a . thei option. road access charges for new residential commercial, and industrial development Growing communities are finding it increasingly difficult to finance construction of facilities needed for new residential, commercial, and industrial development. Assessments on developing property for sewers and streets which directly benefit the property are the most common available legal option. - 51 - 3,VS t?.• •1 t• Often, however, there are major streets leading to new developments that need to be constructed. Under current law, only the abutting benefitted property can be specially assessed, and then only for the degree of benefit. This is generally inadequate to, pay for the roadway upgrades which are necessary to serve larger populations. Cities should be allowed to levy such charges on an area or per lot basis at the time subdivisions are approved, (similar to park dedication fees), or on existing open lots when a building permit is issued. For other services, the Legislature has recognized similar problems and authorized charges to provide facilities which do not directly abut the affected property. Two such instances are park dedication fees and sewer availability charges. 6. transit lRT). and transportation infrastructcre provided it is supported by met opolitan area int erest s, � includinn the As - socia ion of "Ietr Munir�palities If the Legislature approves authority for this sales tax, overall tax burdens on metropolitan residents should be studied and existing funding distributions should not be reduced. 7. Increased support shoo be rovide for alternative and innovative transportation Programs Dependency on the current primary transportation options should be lessened. All Minnesota governments should continue to encourage increased energy conservation, travel - demand management, ride -share programs, alternative fuels, and res;archo and education for such options. In keeping with this commitment, the Legislature should restore funding for the bikeway grants proq m This program is necessary to help promote safety in this growing transportation and recreational activity. LUEET -4 Energy Conservation ($L Overall energy conservation strategies involving the public, private, commercial, and industrial sectors are being developed based on the rationale that conservation efforts achieve the, greatest energy savings at the lowest cost. Many of these efforts are receiving valuable assistance from the state. The League believes that a city's individual energy conservation strategy can be accomplished if the Legislature permits or establishes some of the following measures. 1. Conservation efforts. The League recommends support of the use of bonding and special levies by local governments for implementation of energy conservation measures, including building energy audits. This 0 authority would supplement the current municipal energy loan program. The Legislature should also continue to encourage private sector 33 a� 6 - 52 LUEET -4. Energy Conservation (B) (Cont' conservation through tax credits and other incentives and should explore the possibility of expanding incentives for earth - sheltered, solar, super - insulated, and underground development. 2. District heating and cooling. The League supports efforts to promote statewide applications of district heating and cooling technology includingc providing additional funds or the ability to special levy for conducting district heating and cooling feasibility studies at the community level, ensuring consideration of district heatinq and cooling potential in the power plant'siting process, and continuing use of the state district heating bond program for renovation of existing district heating and cooling systems. 3. Energy assistance. Rising energy costs will continue to place a burden on the economic vitality of communities in Minnesota. The League recommends: a) Continuation of the fuel assistance program for low- income households, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participation in weatherization programs if the recipient is the owner, b) Support for weatherization programs operated through cities, counties, and community a -,tion prograL agencies; . c) Continued support for the Minnesota Housing and Finance Agency's loan and grant program for home weatherization. 4. Local regulatory authority. Focal governments are in the best position to assess local needs and regulate energy consumption within their communities. The League recommends giving any municipality the option to adopt and enforce an energy code that may be more stringent than the state building code for purposes of energy conservation. LUEET-5. Environmental Trust Fund (a) Zh_ - voters have approved a constitutional amendment fo the creation of W__ ronmental trust-fund. the Leaislature should art nrr,mnt 1 v t superfund The 1988 Legislature concluded that all Minnesotans share the responsibility to ensure wise stewardship of the state's environment and natural resources for the benefit of current citizens and future generations, and that the proper management of the state's environment and natural resources requires foresight, planning, and long -term activities that allow the state to preserve its high quality environment and provide for wise use of its natural resources. In order to provide a long -term, consistent, and stable source of funding, the Legislature asked Minnesota's citizens to approve the creation of a constitutionally dedicated environment and natural resources trust fund 33A? - 53 - LUEET -5. ' t Trust Fun (B1 «�++�'dl financed by one -half of the state lottery (with voter approval ) and other state appropriations. The ballot indicated that the environmental trust fund "will be used for air, water, land, fish, wildlife, and other natural resources." The voters measure overwhelmingly. approved the Although the fund is constitutionally created, the eligibility of programs and projects for funding is set by statute. Current law provides that the following programs or projects are eligible for financing from the trust fund: * R.I.M. (Reinvest in Minnesota), a grogram encouraging the use of marginal agricultural land as wildlife habitat; * Research projects; * Data collection; * Public education programs; * Capital projects preserving or protecting unique resources; and * Activities the preserve or enhance wildlife, fish, and other natural resources that otherwise may Le substantial i impaired or destroyed in any area of the state. Projects or programs specifically excluded from eligibility include: * Superfund cleanup actions; * wastewater treatment projects; and * Solid waste disposal facilities (incinerators, landfills, etc.) The legislation does provide that if the principal of the trust fund reaches or exceeds $200 million, to up five percent of the fund ($lo million) may be used to provide cities with below market rate interest loans for water system improvements. Every one of the environmental protection programs identified as ineligible to receive trust funds have estimated needs of tens and hundred of millions of dollars. The need to allocate governmental resources to ensure adequate and clean water for drinking, recreation, and commercial use should be one of Minnesota's highest priorities. The efficient management of solid wasts is also an immediate and demonstrated need. Yet these programs are ineligible for trust fund financing. A trust fund may indeed be needed. Butthe Legislature should act to ensure that an environment and natural resources trust fund not ignore current serious and expensive environmental problems. A balance between short- and long -term environment and natural resources needs should and can be established. The state should adequately finance current programs designed to provide this and future generations with a quality environment and abundant natural resources, and increasing the types of programs eligible for funding from the trust fund is - - ie way for the state to meet its obligations. �A E - 54 - LI ST - 6. Proteqtion of Wetla do s (8) • Wetlands are extremely valuable public resources. These areas provide many important environmental and'public benefits, including facilitating ground water recharge and storm water management, providing valuable wildlife habitat, and otherwise generally promoting our quality of life. Similar to our other natural resources, the state's interest in preserving and enhancing wetland areas must be balanced with other interests. In the case of wetlands, the primary competing interests are developmental, either agricultural or urban. The current state regulatory framework is not as effective as it could be in managing our wetlands resource. The League urges the Legislature to modify and expand our state's existing regulatory framework. Legislation in this area should include the following features: 1. The size and types of wetlands which are protected should be expanded, however, there should not be rigid adherence to an acreage threshold or wetland classification system which by the nature of the subject can not be precisely applied. Regulations which ere limited in their application only to those wetland areas which are of a certain S size or certain type are necessarily arbitrary and should be avoided. 2. Though the protections should not be limited to particular sizes and types of wetlands, it is essential that property owners and governmental agencies have adequate notice of what lands are subject to particular use restrictions. Efforts should be made to make the regulatory efforts widely known and as easy to understand as possible. 3. While the state needs to have a primary responsibility with regard to establishing uniform standards and procedures, local units of government, particularly cities, must be allowed substantial flexibility in determining the proper balance among the competing interests of wetland preservation and enhancement and land development. To the extent possible, multiple review and approval by numerous levels of government should be avoided. 4. Water management organizations in the metropolitan area and counties in greater Minnesota should be charged with lead responsibility in integrating new wetland protection requirements into the existing water planning system. Local governments should retain responsibility for the actual land use controls with full defense and indemnification by the state for conformance to state regulations. 5. The state and local water planning organizations should be provided sufficient resources in order to make technical assistance to cities -?r other development review agencies. 3 3�Y LUEET -6. Prot ection of Wetlands (B) (Cont'd) 6. Methods of compensating owners for limiting the use of their property and local governments for lost tax revenue should be implemented in conjunction with the regulatory framework. 1. Mass transit funding should rem a priority for the staff Funding for the existing level of operation for mass transit should be maintained at a fixed share formula for local governments. 2. The League sunnnrta MnnAT ..a au_ ___ . 3. Existing railroad trackage/ rights -of = w" Retitioned for abate ?n should be-:)reserved, Appropriate government agencies should, throu alternate public use, save this trackage until rail system:: once again become economically feasible or needed because of energy considerations. Also, the possibility and feasibility of utiizing existing railroad trackage as part of a fixed guideway and /or light rail mass transit system should be studied. to 2,500; total mileage currently in the system Considering the additional cities reaching the population threshold and mileage being added by cities, such an increase is appropriate at this aw limits MSAS mileage is approximately 2,300. eligible 5,000 currently eligible time. 3. wing mechanism for transfer. -ng Jurisdiction of roads should b fine tuned including in�rpasing the leVal of funding in the munirin turnback a ccount, and orohib itinar unilateral rounnatinna Reclassifying many roadways in the state by appropriate use classification and jurisdiction gas been studied and proposed as an alternative to increased state funding. The increased cost for cities to assume responsibility for general maintenance and life -cycle treatment greatly exceeds current financial capacities of cities. And, rather than saving money, turnbacks merely make the property tLxpayer- - rather than the users -- responsible for financing highways. For these 3330 - 56 - I t-1• f 'fIl• U I� J reasons, no wholesale program of highway turnbacks should be instituted at this time. The League also recommends the following changes to help facilitate turnbacks: a) State aid rules should be changed to allow counties to upgrade county state aid highways using county state aid highway (C.S.A.H.) funds prior to turnback when cities concur and without penalty (as under current rules); and b) The League supports allowing cities to determine if a turnback road will be designated as a state -aid road or local street. If the city chooses to designate the road as a state -aid road, this designation should not affect the standard designation process, so that developing cities will. be able to continue to designate a percentage of new road growth as part of the state -aid system. 4. The League ohooses legislation allowing longer truck tractor and trailer combinations on Minnesot highways. public safety and increased infrastructure costs are caused by these trucks, such as off - tracking of rear wheels, acceleration distance needs, and time and distance required for passing, financing for waste-water treatment Clean water is vitally important to the citizens of this country and particularly to residents and visitors of Minnesota. Minnesota's cities remain committed to improving water quality. Unfortunately, the costs involved in providing cleaner water are staggering. Because of the incredible cost, it is economically impractical to immediately eliminate wastewater pollution. Therefore, all levels of government must take a reasonably balanced approach to solving the wastewater pollution problem. The ability of cities to comply with any clean water program is contingent upon the availability of adequate funds for treatment facilities. Since 1978, federal grant funding for the wastewater treatment construction grant program has been rapidly phased out. The same budget constraints facing the federal government exist at the state and local level but to a greater degree due to limited revenue sources. • 1. The League supports federal and state efforts to establish a stable funding program with 80 percent state /federal funding and 20 percent local funding. General funding to support this program is essential, _ 333! LUEET -9. Wastewate Treatmen 1B1 LUEET -9. Wast tiat&__ M_eatment (B) (Cont'd) either from state bonds or general revenues. 2. The League supports equalization efforts. Cities which received financial assistance between 1985 and 1987 were required to locally finance between 30 and 50 percent of construction costs. Cities receiving grants both before and after this period, received grants that allowed local financing to be no more than 20 percent of the project costs. The grant recipients that paid 30 to 50 percent should receive a small supplemental grant from the state to reduce t:ie local share to 20 percent, thus equalizing benefits among communities. Revenues to finance this equalization effort should not diminish other wastewater treatment financing programs. 3. The League also supports alternatives to grant programs. Revolving loan funds are acceptable financing alternatives to the extent that grant programs are not sufficiently funded and the loan program is supplementary to, and not a replacement fo.:, grant programs Smaller communities without sufficient local resources must be assured of an appropriate level of grant financing in order to meet effluent standards. Any loan program should take into consideration local financial capabilities. 4. The League supports efforts to eliminate or minimize preliminary grant review processes. The construction grants should seek to encourage immediate construction with minimal prior review by the Minnesota Pollution Control Agency and 19 g y provide reimbursement to communities on the basis of proven performance in reducing pollutants in wastewater effluent. The program should avoid discouraging privatization and innovative treatment methods. The reimbursement program should ensure state financing within a reasonable period of time, not to exceed five years. Entry into the reimbursement program should be predi. ^ated on financing being available within the five -year period. 5. The League supports a full legislative review of water quality permit fees and opposes the imposition of these fees on local units of government to the extent that the actual state's costs cannot be specifically justified and only serve as an alternative means for the state to raise revenue. If fees are determined to be properly imposed on governmental units, the fees should be based solely on the cost of actually providing governmental services to the political subdivision, and private sector alternatives should be made available to ensure minimal costs to local taxpayers. 6. The League opposes efforts by either the state or federal governments to institute enforcement actions or impose increased fees or charges a;jainst communities for failure to meet effluent standards while at the same time assigning these communities a low priority on the needs list for state and federal funding. 7. The League supports recent Pollution Control Agency efforts to have agency staff available to communities as resources for operator assistance, evaluation of treatment needs, educational or liaiscn 33,�.Z - ; � - LUEET -9. Wastewater Tree - v nt (B1 (Cont'd) efforts, and rate setting assistance. The League particularly supports the use of neighboring city staff as additional advisors for communities. The League requests that the Legislature provide additional staff and resources to the agency to cc and expand the community assistance program. 8. The League also supports the continuation of efforts on individual wastewater treatment systems to reduce pollution problems which may be caused by these systems. 9. The League supports providing incentives for local plant and infrastructure replacement or upgrade funds to the extent that the requirements Are achievable by all cities, required of all permittees, and insulated from direct or indirect appropriation by the state. Further, thAre must be adequate assurances that the existence of infrastructure replacement reserve funds will not be used in any way for reducing state .%nancial assistance or tax relief programs. 1 JEET -10. Water Conservation and Preservation ! B1 The Learn supports state and federal financial assistance for storm • water treatment and legislation establishing a framework and nrovidi incentives for local governme to adopt p grams or plans aimed at ---- - - - - - __ ...I- - - - - In order to safeguard the public health and the environment it is necessary to conserve and preserve our water resources as a valuable state resource. Many watershed districts, counties, cities, and towns have done a g•,,od job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost - effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems, instead of establishing a new system or creating new organizations. The League supports as a basic principle that no one has the right to pollute either ground or surface water resources. A reasonable relationship of economic and social costs and benefits should be a precondition toward achieving a goal of non - degradation or treatment resulting in clean water. The ability of cities to meet goals must be recognized as contingent upon the availability of adequate funding, including state assistance. These principles should apply to both the protection of our drinking water supplies and the operation of municipal services. Because water issues affect many state agencies and come under the jurisdiction of numerous legislative committees, policy making in the area of water resources has been somewhat fragmented a -d confused. The League, therefore, supported the creation of a Legislative Commission - 51.3 - 3333 LUEET-10. Water Conservation and Preservation (B1 (Cont'd) on Water by the 1989 Legislature. 0 Local units of government should retain the basic responsibility for surface water management, as they are the revel of government closest to the problem. In 1982, legislation required local governments in the metropolitan area to adopt surface v3ter run off controls and regulations. In 1985, legislation encouraged similar steps to be taken in the non - metropolitan area of the state. Further, state financial assistance will be necessary to translate these plans into effective management programs. Legislation passed in 1987 creating the clean water partnership will provide financial and technical assistance to local governments. These statutes should be given sufficient time to work, before additional programs or extensive changes to existing programs are enacted by the Legislature. The possibility of intergovernmental conflict should be studied and dispute resolution mechanism should be re- evaluated. The Legislature should provide additional funds to further encourage cities and other local governments to undertake water planning, clean up, prevention, aad management activities. Specifically, additional state funds are necessary to finance mandated programs such as well sealing, removal of underground storage tanks, and clean up of contaminated water supplies. Special levies should also be made available to fund water management projects. 0 LUEET -11, Zoning Subdivision and Planning Statutes 1 BZ The League supports the existing planninq enabling statutes and oDL ..Fes changes that would restrict cities' current su bstantive and procedural flexibility to address unique circumstances Minnesota's zoning, planning, and subdivision statutes and regulations are essential to promoting economic development, preserving environmental resources, and ensuring the efficient delivery of public services. The Governor's Advisory Council on State -Local Relations recently conducted a thorough review of the state's planning and zoning laws. The League participated in this study. A subcommittee of local elected officials was foamed to review the recommendations developed by a technical committee cc.oposed of planning officials from townships, cities, counties, regional development commissions, and the state. Those recommendations have been collected in a report on land use legislation, and draft legislation has been prepared. In general, the League supports those sections of the proposed legislation that preserve or provide flexibility for cities to plan and regulate land uses, and opposes those sections that limit a city's ability to tailor procedures and controls to meet local needs. 333 LUE -- 11. Zonina Subdivision and Planning Statutes (B� (Cont�dl Specifically, the League supports the following. 1. The Legislature should change the requirement of undue hardship to a more reasonable standard, which would loosen the current standard to reflect common practice in granting variances. 2. The League supports requiring the adoption of a comprehensive plan in order to have zoning or other land use controls as long as the comprehensive plan is merely a statement of goals, objectives, and policies, and present and proposed land use maps. Recent cases have called into question the common practice of passing ordinances without a supporting comprehensive plan. Metropolitan cities have had this requirement for several years; and should continue to be covered by the Metropolitan Land Planning Act. Cities should have a five -year grace period to adopt a comprehensive plan, and financial assistance should be made available. 3. The Legislature should authorize cities to use impact fees and other development - related fees to partially offset the public costs that are associated with development. The League strongly opposes the following. 1. The state should not mandate administrative procedures and roles of elected and appointed officials which eliminate or diminish the decision - making authority and flexibility municipal officials needs, and now have, under the current enabling law. 2. The League opposes requiring the creation of a separate planning commission or board of adjustment. These requirements would unnecessarily limit the authority of a city to establish a structure that meets its unique situation. In addition, smaller communities may find it difficult to recruit board members. At the very least, an intermediate appeal from the board of adjustment to the council should be allowed by ordinance. 3. The League is opposed to prohibiting the practice of conditional zoning. Cities should be authorized to use conditional zoning a the discretion of the local government. 4. The League opposes requiring that zoning controls be rigidly consistent with the comprehensive plan. The courts have used inconsistencies between the plan and ordinances that almost inevitably result to compel rezonings. As a result, the Legislature clarified that zoning ordinances will control in situations where uses in the two documents are not consistent. This has greatly solved the problem and should not be unnecessarily modified. S. The League disagrees with the fringe area growth proposal. This proposal would allow any single local government unit to force the creation of a joint advisory board to review existing controls that govern land within a quarter mile of the city's boundaries and existing 333.5" - �l �- LUEET - 11. Zonin4 Subdivision and Planning Statutes ( (Cont'd) controls that govern land within two miles outside the city limits. Any two or three local governments could force the creation of a joint is planning board which would serve as a joint planning commission for the designated area. Board recommendations would have to be acted on within 45 days by the governing units represented on the board. The joint board should not have any advisory or other authority within the city boundaries since the purpose of the board is to evaluate existing controls and make recommendations on controls necessary to properly manage fringe area growth. 6. The Department of Natural Resources has recently adopted amendments to the state's shoreland regulations. These rule amendments will necessitate the modification of all local shoreland ordinances. While experience with the current state regulations has demonstrated the need for revisions in order to effectuate state policy regarding the use of shoreland areas, the state must provide technical and funding assistance to cities and other local units of government in modifying local plans. Funding assistance should net be based solely on miles of shoreland within a jurisdiction but should also reflect the greater development pressures in cities. LUEET -12. Concurrent Detachment bpd Annexation (�1 The League supports legislation restricting the ability of individual .,,.,.- -&.. -- - ---- - - In 1985 the state's annexation statutes were amended to allow an owner of land to petition the Municipal Board for concurrent detachment and annexation. Prior to 1985, only the affected cities could begin the process. Since the amendment, several instances have arisen where owners have petitioned the board because they were dissatisfied about land use or development assistance decisions made by the host city. The Legislature should either repeal the property owner petition provision or provide the affected cities a right to veto the petition. At the very least, the Legislature should provide a list of factors for the Municipal Board to analyze when considering requests for concurrent detachment and annexation. LUEET -13. Eminent Domain Law (C} The League recommends that the legislature und a comRr etudy of the eminent domain statutes. The League believes the entire eminent domain process should be 0 critically reviewed and streamlined. This examination should include a 3336 LUEET -13. Eminent DomainnLow ;C) (Cont'd) . re- evaluation of an alternative system of review of condemnation awards. For example, the examination should review using a professional referee, a hearing examiner, etc., rather than a court; using a professional referee in lieu of three commissioners to establish the value of the land; the public purposes for which the law amy be used, including its use to encourage economic development, the difficulty posed by the existence of pollution on the condemned property; and the legality and feasibility of collecting past property taxes on property in instances where the award is substantially in excess of the market value of the property for tax purposes. LUEET -14. Pesticides and Other Hazardous M (C) he League s upports legislation requiring local consent prior to state licensing of agricultural and industrial chemic storage and distribution centers and enabling local units of government to regulate the intra -city transportation, storage, application, sale, and disposal of pesti and other hazardous materials. Individuals and governments at all revels are experiencing problems as a result of the use and transportation of pesticides, herbicides, and related chemicals by industry, farms, residences, and others. The public health and safety concerns raised by the use of pesticides and 40 other chemicals must be addressed. The Minnesota Department of Agriculture is required by current law to regulate the use and storage of agricultural chemicals and any local regulation in this area, with the exception of local licensing, p3nalty, and enforceJent. This pre-emption of locally established standards could lead to the granting of licenses by the state for operations which are a threat to the public health and safety of local communities. To protect against this eventuality, the Department of Agriculture should be required to obtain local consent prior to the V censing of any agricultural chemical storage or distributions center. Also, if the local government unit decides to regulate agricultural chemicals, state regulation should supplement, not pre -empt such r ^gulation. The League encourages tighter state regulation of agricultural chemical run -off from aerial spraying and ground application of pesticides that may affect water quality, as well as research into the long -term effects of the use of agricultural chemicals on the general population, and possible alternatives for the agricultural industry. To foster stricter regulation, the Legislature should transfer the regulatory authority of the Department of Agriculture to the Health Department or the Minnesota Pollution Control Agency. E 3332 League of Minnesota Cities Pol icy RS -1. RS -2. RS -3. RS -4. RS -5. RS -6. RS -7. RS -a. RS -9. RS -10. RS -11. RS -12. RS -13. RS -34. 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) REVENUE SOURCES Priority Property Tax Reform and State Aid to Cities A Service Fees for Government -Owned Property A Elimination of Levy Limits B Tr in Taxation B Reserve Funds B Sales and Motor Vehicle Excise Tax Extension B State Administrative Costs B Stability of State Revenues B Sales Ratio Issues B Penalties /Interest - Delinquent Taxes B Special Assessments for Public Infrastructure Improvements B License Fees C State Audits /City Financial Reporting Requirements C Storm Sewer Districts C • • • 3338 - 65 - Printed on reacted paper League of Minnesota Cities 183 University Ave. Last St. Paul, NN 55101.2526 (612) 227.5600 (FAX: 221.0986) REVENUE SOURCES RS -1. Property Tax Reform and State Aid to Cities Over the last several years, massive changes have been enacted in our property tax structure. These changes have made cities primary sources of revenue - -the property tax and state aid -- extremely unstable and unpredictable. In 1990 alone, the state shifted $84 million been targeted to cities, to school districts cut $15.6 million of the remaining amount of local government aid (LGA) and homestead and (HACA), along with a ratcheting down of levy city budgets and :caking the delivery of essei for many cities. of state aid, that had and then retroactively aid. These cuts in city agricultural credit aid limits, are straining Itial services difficult In enacting changes in Minnesota's ^roperty tax system, the League recommends the following: I. Local go vernment aid LGA or an a ivalent r r of sharing revenues collecte on a statewide basis with cities,_ should rem- n an essential com Went of the property tax system. The League opposes further cuts in LGA or HACA and further transfers of aid to school districts or counties. Such aid cuts and transfers will increase disparities in tax burdens between taxing jurisdictions, affect cities' abilities to compete fairly for residents and economic development, and threaten the delivery of essential city services. Cities, just like schools and counties, deliver basic, essential services and need financial assistance from the state to deliver those services. 2. The WA formula should reflect a city's need its a enditure leve and its local revenue - s n ca ac t . The League recocnizes the probl ew - vaused by IW property tax capac ty, and recommends , that the LGA"�t�r1e' address those ptobl'ems. Meny cities are also confronted by problems which create 'nigher revenue needs. only by addressing both sides of the revenue and expenditure equation -- capacity and need - -can a balanced state aid formula be designed. 3. The Legislature s hould dedicate on an on oinq basis an est ablish �ed pp ercentage of state persona an corpor ncome tax collections and/or state sales tax collections foi fina the annual local ro ert tax relief programs. The percentage i n it ally established should generate the same level of funding as -67- �9 a w RS -1. Prope Tax Reform and State Aid to Cities A Cont that provided in Pay 1990 for city property tax relief programs. This dedication would provide a stable source of revenue for cities and reaffirm the state's commitment to a strong state - local fiscal partnership. 4. If tax co] state t rate of more ra and fed levels. the state does lect ons for c unding for suc. infl t on to ra t de dicate an esta ams of sta a • n X%.XW.&04.L une increased costs caused by sta fates should be taken into account in setting aid 5. While providing ro ert tax relief to commercial industrial rental and high-valued homestead property should remai a r orit this rel..ef should not be Pai for through cuts n c tv ai d nor achieved through cuts in city spending. Such cuts should not shift Quraens betwee cities. Given the continued constraints placed on the taxing abilities of local governments and the state's original 'Minnesota Miracle"' commitment to provide property tax relief, the League believes it is wholly unfair to reduce state funding for cities and their residents. Cities are now critically dependent on state aid to reduce property tax burdens in their communities. Policy makexs must recognize that any cuts in funding for cities and their residents will likely result in higher property tax levels and cuts in needed city services. For two decades, the state has assumed a role in reducing property tax burdens. Tax and government financing reforms enacted in the late 1960s and early 1970s shifted the mechanisms for raising revenue away from local governments and toward the state With passage of the 1967 Tax Reform and Relief Act, the 1971 Omnibus Tax bill (the so- called "Minnesota Miracleo), and later tax legislation, the state obligated itself to lower property tax burdens by levying increased sales and income taxes. The increased sales and income tax revenue was to be used by the state to partly replace the property tax as the state assumed a larger share of the ccsts of delivering local government services. As a trade -off for providing aid to local governments, the state imposed levy► ,,k *Rita on �paa� � QV a t$, and. tobk 6"Y' their authajrjty; 'Z! ►1r loc X y atiles oar„ • C� RS -2. Service Fees for Government - Owned Property (A) Tile Le islature should establish a p rogram for reimb ur�sin�g municipalities for sere ces to state and r e onal facilities. The program should (1) ensure that state and regional agencies pay ..or services that benefit their property and 2 al,ow cities to receive compensat on for services that are funded thro general revenue. 33 7 o _6F�_ RS-2. Service Fees for Government -Owned Property (W (Cont such as police and fire, which are valuable to state and regional agencies. The State of Minnesota owns a significant amount of property within cities in the state. Cities provide a range of services that benefit these properties. However, since the state is exempt from paying property taxes, municipalities are not reimbursed for the cost of these services. This places an unreasonable burden on cities. The state of Nys n established a program called wPayment for Municipal Scrviceso in 1973. The program provides a mechanism for municipalities to be reimbursed by the state for services they provide to state -owned properties. Through a formula based on the value of state -owned buildings within a city, the Wisconsin system reimburses cities for police, fire,"and solid waste services. RS -3. Elimina of Levy Limits (B The Lea . recommends: that the Leqislature fulfill its commitment to repeal city levy limits for Par 1993 es c a 1 n 1 ht of the 1990 reducti in agitate ald to cities an truth in taxat on reru reT ments. Removal of levy limits would enhance local accountability and allow cities to plan for and respond to changing financial conditions and the increasing costs of mandates. Levy limits are unworkable and inconsistent with the principles of local self- government and accountability. Local elected officials are accountable to the publi: and should be entrusted to use responsibly their taxing authority. For three years in a.row, cities have had to cope with levy limits that are below the inflation rate and below the growth experienced in their populations and households. In 1990, the already tight three percent levy limit was reduced to only 1.5 percent -- allowing only a 1.5 percent increase in spending for cities subje=t to levy limits. These levy limits are severely limiting jities' abilities to finance essential services,. especially in light of the rising costs resulting from various state mandates, such as comparable worth. ,The ,Legislatu:•e sound v 44 -"lowl4ittng levy limits. based on what . ttiidd a city " actual1y v �p" 'thd pt-lor -year, rather than on what a city was authorized'to' levy in the previous year. This tightening of the levy limit base can have the unfortunate effect of encouraging cities to levy to their maximum limit in order to preserve their future levying authority. • - 69 - 3 3 Y/ RS -4. Truth in Taxation (B) The League recommends improvements in the truth in taxation law desig to make the rocess meanin ful for pr operty taxpayers and workable for cities and other local un ti s of overnment. The Lea ue believes that all levels of local overnment ncludin count es and districts as well as the st government should be revu red to follow s imilar truth In taxati( requirements for on budget and tax - issues. public hearings The Iegislature should make changes in the following areas. 1. Now that truth -in taxation is in l ace, le limits should be abolished. If the Legislature continu.- to mpose restrict ve levy limits then on1v cities which need to exceed their le limits should be required to go through the truth in taxation nrocPcc_ 2. Parcel- spec ific truth in taxation notices shou be required as soo _as pcssible in ail coun so that the precise impact of budget and levy decisions on individual taxpayers bills are displayed State funds should be appr to fiiance compliance with this state mandate. Under current law, most counties (except Hennepin, Ramsay, and St. Louis) are required to produce a general notice that only indicates the proposed levy (after reduction by LGA) and the percent Increase or decrease from the previous year's levy. In many cases, such statements will mislead taxpayers about the effects of levy changes on their property tax bills. Only a parcel- specific notice can avoid misleading taxpayers. 3. Local governments should be allowed to amend the levy that they prrel.iminaril ro ose to the county auditor on September 'Tin addition the truth in taxation rocess should a 1 onl to a local units levies, not its t otal budget. Truth in taxation requ res budget adoption and le% certification by September 1. Many cities will have a difficult time realistically assessing their budget needs that far in advance of the beginning of the budget year. The early certification date, in combination with the rule that prevents the city's final levy from exceeding its preliminary September 1 estimate, could work against responsible budgeting and force cities to overestimate their budget needs in order to avoid potential revenue shortfalls. 4, Since truth in taxatioa notices should be sent t each parcel of ro ert local un is s ould not be r red to pubiish newspaper advertisements. If required to publi a not ce, a city should be allowed to use its official newspaper, as long as it is one of general interest and readership in the community. 5. The meth for calc ulating the proposed tax increases shown on taxpayer trut i n taxatio notices should reflect as accurately as possibl the a ct ua l e ar_ -to -year increases or decreases occurring in taxPa ers' t bills. 33 4 Z RS -4. Truth in Taxation (B) (ContId� • 6. As a state mandat the costs of truth in taxation requirement should be fully funded The current appropriation is unl kely to cover the costs of administering truth in taxation and cities, counties, townships, and schools will have to share in the excess costs. 7. Prop tax statements provided to homeowners should a ccurately reflect the amount of state tax relief Provided for the rcel of ro _ The current method of artificially calculat ng Rhhomestea er — edit• amounts is not acceptable. This method can result in showing the homestead credit amount rising while the RAGA payments to local governments are declining. RS - 5. Poli 'on Reserve Funds (B The Le isliture should not attempt to control or restrict city cash balances or reserves. Reserves are necessary to m,i ntain the fiscal vi ability of city government s to purchase capital goods and i nfrastructure, and to ma nta.n h gh level bond rat nqs There are several reasons why cities must carry adequate reserves and cash balances. First, cities need substantial cash balances at the beginning of their fiscal year to finance their expenditures for the first six months of the year. By statute, cities' fiscal year is on a calendar year basis, running from January 1 through December 31. The main sources of city revenue are property taxes and state aid. Property tax payments are not made to cities until June and state aid is not provided until late July - -six to seven months.into the city fiscal year. Without a substantial cash balance at the beginning of the year, cities will not have funds to operate for the first half of the fi.:.:,al year. The only alternative would be for the city to engage in costly borrowing which is neither in the taxpayers' nor the state's interest. The state auditor and city auditing firms have recommended that to be prudent, cities should carry an end -of -the -year dedicated cash balance sufficient to fund city expenditures for the first half of the year.—s. Second, many cities, in order to save taxpayer dollars and avoid paying costly debt interest, accumulate reserves for major capital purchases and infrastructure. A common example is increasing reserves to purchase an expensive fire engine or public works vehicle. In some cities, it may appear as if a city has a large reserve compared to its annual expenditures, but in reality it is "'saving" for a major purchase and has minimal real cash reserves. Because of the vast differences in the size of the 855 cities of Minnesota and the various local preferences in financing purchases, it would be bad public policy for the Legislature to restrict or eliminate cities' abilities to accumulate reserve funds. ,33 Y3 - 71 - RS -5. Reserve Funds (B) (contId) Third, cities need some reserves to meet emergency or unanticipated . expenditures created, for example, by natural disasters, lawsuits, and premature breakdown of vital equipment. Finally, the bond rating firms require liquidity and ability to pay debt in order to receive a favorable bond rating. Bond rating firms scrutinize city reserve levels when rating bonds. The better the bond rating, the lower the interest cost is to the taxpayer. RS -6. Sales and Motor Vehicle Excise Tax Extension (B The Lea ue o Pos&s forcinq local governments to a the six Per sales and motor veh cle exc se tax on anX of the r urchases nclud nq urchases of cap tal equipment whether purchased by a contractor or d rectly by the city Forcing local governments to pay the state sales tax means one level of government is taxing another. This increased sales tax will directly result in increased local property taxes. Public safety vehicle should continue to be exempt from the six percent sales and motor vehicle excise tax. RS -7. State Admini strative costs (B) The Lea e OPPoses d state administrative costs from funds approor ated for ro ert tax rel ef. In add t on f a state a enc s re re to recover costs throw h a state char a -back for sery ces to loca un is then dur n adm n strtt ve hear n s the state should be re red to ust ifX their char es o h n the bas s of the services rnv AsA a.— a.%._ _M-__ ' - - _ All state government costs should be subject to the standard appropriation review process and be funded directly by specific state appropriation, not by a broad deduction from property tax relief programs. While decisions on the necessary staffing and funding levels for state agencies are made by the appropriations committees, tax policy decisions should be handled by the tax committees. When state administrative costs are financed through the local government aid (LGA) appropriation, funds available for property tax relief are reduced, defeating the purpose of VA. In 1990, such state costs included the unprecedented large sum of $460,000 to fund the state auditors office and certain department of administration functions related to local government. In the case of the state auditors office, earmarked deductions from LGA are being used to finance over 40 percent of the auditor's state- appropriated budget, an inappropriate action in the League's opinion. 334 - 72 - RS -7. State Administrative Costs (B) (Cont'd) M Furthermore, LGA funds are being used to finance auditor and department of administration operations which do not relate to cities, but to all local governments, including counties, school districts, and townships. The LGA program is largely designed for and used by cities. Other state programs -- county income disparity aids, school aids -- largely benefit other units of local government. The League believes it 's wholly inappropriate and unfair to almost exclusively tap city funds for which relate to all units of t • f l 99ver Wt3aavzr !tool t to r:: ?= +- r. -,-,� ?f¢f ry %4- t��1 f. 0., ! . A L ..I ., In order to promote a'cohesive and coordinated state tax policy and provide for adequate review of proposed state agency costs, it is recommended that no state agency's administrative costs be deducted from property tax relief funds. This will allow the tax committees to fully determine the level of property tax relief to be provided. RS -8. Stability of State Revenues (B The League urges adoption of fiscal and revenue Policies that will stabilize state revenues and thereby lead to more eredictable fundin levels for loca governments. Inevitasly, Inevitably, the stability of revenues flowing to l oca l governments in dependent on the stability of revenues flower to the state. In this regard, the League supeorts the establi shment of a p ermanent b udget reserve equal to a minimum of fi p ercent of total state outlays. When budget shortfalls occur this reserve should be used to avoi pairing ai d cuts in the middle of cities udget years, after any c ompensat i ng action can be taken. The reserve should be built up during years of economic prosperity and used only to protect the state budget from unexpected economic downturns, not for tax reductions or expenditure increases. Such a budget reserve is necessary, given the relatively volatile tax bases on which the state currently relies (particularly the income tax and sales tax), and the potential for error in revenue and economic forecasting. Should problems. with budget shortfalls persist even after establishment o't a budget reserve, the Legislature should consider ttie ;tollow�idto,a "policy ioptions to stabilize state revenues, ' including: * Broadening the sales tax base. Broadening the sales tax base could lead to more stable revanues. * Temporary suspension of indexing of the state income tax structure or temporary leases in other taxes (such as the sales or income tax ) in the event of aszable budget shortfal The League supports an automatic i ncrease i n income and corporate tax rates when the budget reserve is forecast to tall below $150 million. * Refraining from further income or sales tax reductions unless it Is certain that budget a will not mater al ze. - 73 - 33 45 RS -9. Sales Ratio Issu B The League urges the Leqislature to require that appraisals be used rather than a countywide average, for determining the sales ratio in small communities where few sales occur. Various state formulas consider property tax base valuation in distributing aid. Sales ratios are calculated for each jurisdiction by comparing actual selling prices of properties to the estimated market value assigned by the assessor. These sales ratios are used to equalize assessed values so that all local governments are treated fairly and not rewarded or punished based on their assessment practices. Sales ratios are thus important determinants of the level of state aid received by a community. Yet, in small communities, there are often not enough sales in a given class of property to permit an accurate determination of a sales ratio. In these cases, a countywide average is applied. The county average, however, may be overly influenced by sales in a larger regional center and thus may not accurately reflect the experience of smaller cities. RS-10. Penalties and Interest on Delinquent Property Taxes (B) When a property taxpayer is delinquent in paying real estate taxes, cities - -just like counties and school districts -- suffer a loss of expected revenue and the loss of the current value of these taxes. Delayed tax payments may cause a city to reduce services or spend down reserves. Current law apportions one -half of penalty and interest payments to counties and one -half to school districts. Counties are able to use this revenue without restrictions; it is treated as "other income." Cities should have an equal opportunity to have revenues restored by being eligible to receive the penalties and interest on their share of delinquent property taxes. • 33 % - 74 - Under current law, only counties and school districts receive penalty and interest payments on delinquent property taxes. Cities only receive penalties and interest for their special assessments. RS -11. Special Assessments for Public Infrastructure Improvements u The League supports legislation allowinq cities t use special assessments as a means of f nancin ubl c infrast repairs and i mprovements based on a "cost of cervice or "service charge"' method rather than the current method wh ch re uires the cit to show a special benefit or increase in market value to the affected property. "-12. License Fees ( C) The Legislature should repeal all maximum fee provisions relating to off -sale liquor, on -sale wine bo ttle club, and Sunday liquor license and allow cities to decide locall the appropriate fee to charge for such With few exceptions, the statutes granting authority to issue licenses it permits do not specify maximum fees. Cities should have the disciAion to set fees based on their own costs, needs, and standards. Case law provides ample limitations on cities power to set license lees by requiring that revenues produced must be related to the cost of issuing the license and regulating the licensed business. It is inappropriate for the Legislature to set maximum fees for off -sale liquor, on -sale wine, bottle club, and Sunday liquor license fees. Cities have acted responsibly in setting on -sale liquor license fees. It makes no sense to grant them that power but deny them the power to set fees for off -sale liquor, on -sale wine, bottle club, and Sunday liquor licenses. There is no evidence to show that lifting the statutory cap would lead to unjustified fee increases. Some reasonable increases in off -sale license fees could be expected since the statutory maximum fee has not been increased in over 30 years. RS -13. State Audits and City Financial Reporting Requirements (C) The League supports continuation of the existing auditing and financial reporting re rements for cities. Thera is no need to requ e cities un er 2,500 to follow sorer orous accounting requirements than resent ex st or to have annual a udits. AAAitinnalIX, the state auditor should not be Qiven the power or responsibility to audit local gover nments or their nstrumental ties. The League supports requirements that co es of local — audits be sent to the state auditor a regular basis. The private sector is fully competent to conduct governmental audits and may b more economical and practical than a state agency. - 75 - 5 7 7 RS -13. State Audits and City Financia Re ortin Requirements (C) Cont'd —� . Minnesota has one of the most modern and rigorous systems of oversight of municipal finances in the nation. The state auditor currently reviews annual financial reports of all cities. Cities over 2,500 mu have annual audits and the state auditor has the authority to audit a city upon receipt of a petition. RS -14. Storm Sewer Districts (C) The League supports legislatio which c larifies t he procedures necessary to create storm sewer districts and to undertake improvement projects within the dist w hich are financed by ad va lorem taxes on prop erties within the d si trict. Current law (Minn. Stat. 444.18) authorizes cities to create special districts within their boundaries to undertake storm sewer projects, including mains, holding ponds, and related facilities for the collection and disposal of storm water. Projects may be financed within the district by the imposition of ad valorem taxes. However, the storm sewer district law stipulates that special assessment procedures (Minn.Stat. 429.031 to 429.081) must be followed when a city undertakes a storm sewer project. The courts have recognized that many of the special assessment procedures do not make sense when applied to the creation or use of tax districts. The courts have invited the Legislature to adopt specific procedures applicable to storm sewer districts. The League supports amending existing statutes to clarify what procedures cities should follow in undertaking storm sewer projects. e 33 League of Minnesot Cities • • Policy 183 University Ave. East St. Paul, MN 55101 -2526 (612)'227 -5600 (FAX: 221.0986) FEDERAL LEGISLATIVE FL -1. Anti -Drug Abuse: Prevention and Assistance FL -2. Transportation FL -3. Federal /Local Fiscal Relations FL -4. Single Family Mortgage Bonds FL -5. Rural Development FL -6. Cable Television Regulation FL -7. Homelessness /Housing Issues FL -8. Federal Mandates FL -9. Solid Waste Management FL -10. Refugee Assistance FL -11. Passenger Facility Charges S Airport Trust Fund Expenditures FL -12. Airport Noise control 77 - Priulcd on recycled paper 33 V9 183 University Ave. East St. Paul, MN 55101.2526 • League of Minnesota Cities (612) 227 .5 6 00 (FAX 221 -0986) FEDERAL LEGIS FL -1. Anti -Drug Abuse: Prevention and Assistance hr The League of Minnesota Cities supports full funding of the drug abuse act and urges the federal government in partnership with cities to provide assistance to local law e nforcement agencies, courts, schools community organizations, treatment a lities, and other local resources to combat drug abuse and relat crime. The failure of soma states to pass through grant allocations to cities threatens to undo valuable interjurisdictionil cooperation in implementing statewide drug control strategies. Congress must make it possible for cities to receive funding in a timely manner by requiring states to distribute funds efficiently and direct funds to local units of government. Such agreements must assure allocation of at least 80 percent of drug control activities and demonstrate that smaller non - metropolitan efforts are awarded a proportionate share of funding Coordination and broad -based ((operation should be encouraged at state and local levels in order to increase the effectiveness of measures to deal with the grievous personal, social, and economic consequences of drug abuse. City officials realize the need for reasonable controls to assure accountability in the use of federal funds. It is also important that federal. grant requirements remain flexible and that complicated grant application procedures be kept to a minimum. The League supporte efforts of the Minnesota State Office of Drug Policy to seek waivers to assist local governments in providing the 25 percent local match required for receipt of federal funds. Ot states should be encouraged to seek such waivers from the federal overnmeiit to aid cities wh ch do not have suff c ent local revenues to Prov de mat funds. The L eague 012poses proposals to ra se . local xatch re - irements to 50 Pezcent since this would make c t es w th a smal Pr tax sea nel g ble for fe deral grants. In view of federal budget constraints the League urges Congress, in concert with state and local government, to support efforts to strengthen the capacity and improve the effectiveness of local law enforcement agencies, both urban and rural, to combat drug trafficking and other illegal activities that threaten neighborhoods and the safety of city streets and homes. It is also necessary for the federal government to intensify U.S. and international efforts to reduce the agricultural and manufacturing sources of illicit drugs in other nations. 3354 - ' - FL -1. A nti -Dr ug ` Abuse_ Prevention and Assistance Contod) • Strategies to reduce the supply and demand for drugs must be clearly defined with realistic objectives and goals. It is essential that Congress provide a consistent stable source of funding for federal grants programs and permit sufficient flexibility at the local level to allow cities to make use of funds in a timely and effective manner. Past experience demonstrates it is difficult to implement effective local strategies when restrictive and complicated grant application procedures are imposed and funding levels are unstai;le. The trend toward increased alcohol abuse among youth is equally alarming and difficult to eradicate. Direct experience with this problem at the state and local levels has provided an understanding of substance abuse problems. For all these reasons, local officials must be granted the flexibility to design programs to address the special problems faced in their communities. Serious economic problems and cultural differences within city populations also create special problems which must also be overccric to rE_ci,'ce the spL�ad of drug and alcohol abuse. Local officials are in the best position to help individuals at highest risk of addiction ove -cc.m obstacles of distrust and lack of confidence in government-sponsored actions. FL -2. Transportation 4D The League of Minnesota C ities su re of national transportation prio to: * Improve commuter mobili tr affic congestion, air quality, and energy con * Increase investment in t echnilogies that offer _s olutions to t he problems resulting froia de on movement of vehicles includi research and de velo men_ o f tr ails ortati alternatives * All ocate feder funds t prin cipal arte to relieve interstate highway congestion; * Include met and non -metro (primary) h the Metropolitan Council in the national h systems in Minnesota; �- way sy designated by hw ay class c tion * Increase reli on mov emen t of pe ople by providing incentive to commuters to use ma ss transit or highw transportation alternatives - and Maint federal investment in trans portatio n on a longterm basi The completion of the federal interstate highway system signals a critical turning point in the 70 -year relationship of federal, state, and local governments in surface transportation programs. When the surface transportation assistance act eypires at the end of FY 3�3YI FL -2. Transportation (Contid) federal highway and transit programs must be restructured to rAspond . to new directions for the movement of people and commodities. The League strongly advocates the continued direct involvement of city• officials in the development of new directions for a national surface transportation program. The League agrees that the Transportation Advisory Group (TAG) has correctly identified the following key elements of a restructured federal transportation program: - ��?�'' ,fns. . * Mutual agreement by federal, state, and local government on the levels of federal funding for all categori ^s of federal highway programs - -4R (interstate repair, reconstruction, and rehabilitation and renovation); BRR (bridge replacement and repair); rural; and urban /suburban. * Increased recognition of the importance of rural as well as urban transportation investments that directly benefit development of investments in agriculture, tourism, and industry; * Mandatory pass- thruugh of funds for urban /suburban roads to cities or metropolitan planning organizations for areas above 200,000 population; * Separate and prominent transit program and removal of barriers to intermodal, interagency, and public /private cooperation; * Flexible transfer of highway and transit funds to meet local needs, to encourage innovative approaches to emerging urban and suburban mobility problems; * Increasing incentives for increased transit ridership; * Increasing integration of transportation modes for freight linkages to railheads, ports, and markets; * Single authorization of transit programs including designation of funds for discretionary uses; * More emphasis on management of transportation demand through the use of high occupancy. vehicle ,lanes (HOVs), ridesharing, traffic signal timing, ramp meterinq, staggered work hours, and other transportation management techniques; and * Immediate draw down of the balance and accumulated interest in federal highway and airport trust funds and the return of those revenues to maintain highway, airport, and transit systems. The League recognizes the important role of the Center for Transportation Studies (CTS) at the University of Minnesota in conducting research studies to better understand the role of transportation in maintaining competitive regional and state economies. The effect of transportation on the survival of rural - 81 - FL -2. Transportation (Con communities and the impact on the growth of key industries are important areas of study identified by CTs for 1989 -9o. Study of these and other issues (such as improving the useful life of road surfaces and bridge superstructure) will help define where federal, state, and local dollars can effectively be allocated. FL -3. Federal /Local Fiscal Relations The League of Minnesota Cities supports the authority of cities to issue ta:( exempt municipal bonds and opposes federal intrusion when such restrictions result in higher issuance costs, loss of investor incentives in the construction and preservation of affordable housing, or loss of tax - exempt status for general obligation and municipal. bonds The League urges Congress to eliminate restrictions which reduce cr limit the authority of cities to use tax - exempt financing and to resist further efforts to intrude on local bonding authority. The League supports investor incentives for construction and preservation of affordable housing, include the following: • * Rehabilation tax credits; * Low -and moderate - income housing tax credits. Such tax policy should be made a permanent feature of federal -" l oc�l fiscal relations. in addition, the League supports policies to make low .Income housing tax credits more workable by making full credit available for projects in which cities use tax - exempt financing or Community Development Block Grant (CDBG) funds. The League also supports the following policies to broaden the authority of cities to use tax - exempt financing: * Restoration of the pril•ati use test to 25 percent for bond issues of less than $25 million; * Expansion of qualifications for exemption from bank and arbitrage deductibility= arid. * Maintenance of the current limit on the authority of non - profit corporations to issue tax - exempt bonds. Federal regulation of municipal bonds should not require unnecessary reporting. Failure to report bond issues to federal regulatory agencies should not result in ':.axation of interest income to the city. The League also opposes retroactive arbitrage and reoate liability for tax - exempt bonds issued after enactment of the 1986 tax reform act that result in increased cost to cities. 3353 FL -3. Federal /Local Fiscal Relations (Cont Federal arbitrage restrictions should not apply to municipal bond reserves or sinking funds. Arbitrage which results from fluctuating interest rates, issuance procedures, prudent management of the bond issue or refundings should not be subject to retroactive tax liability. Cities' authority to issue mortgage revenue bonds (MRBs) should be extended for at least three years to support redevelopment and to provide affordable housing. the League supports reasonable income eligibility requirements in order to target MRBs to areas where 5o percent or more of the families have incomes of 80 percent or less of the statewide median as well as to areas of severe economic distress. Previous congressional proposals to restrict the availability of MRBs . have required recapture of a portion of the interest subsidy received if the home is sold within the five years. Recaptures provisions and effective dates of proposed restrictions would impose strict tax liability on bond issuers and add unreasonable costs for qualified homebuyers at a time when cities are struggling to make affordable housing available. Effective dates for recapture provisions and disclosure requirements for bond issuers with outstanding Me would seriously hamper bond sales and result in a loss of financing for housing needs. City officials view the program as a means to provide homeownership opportunities to buyers with limited in -omen while encouraging flexibj.lity in housing purchases as family conditions change. At the same time, the program gives families a means of building home equity, a anur ce of neiahbort ood and community strengtt}� an t _.stabil : . . _ a.. Creater flexib li y should be pern in the use of allocations of aartgage revenue bonds for programs in targeted areas. Under existing law, the first -tije hometuyer requirement is waived in census tracts where 70 percent or more of families have incomes of 80 percent or less of the state -wide median. This should be broadened to permit bond issuers to elect to waive the first -time homebuyer requirements in census tracts in which 50 percent or more of the families have incomes of 90 percent or less of median. This proposal would aid cities in meeting housing needs in transitional neighborhouds and would be an important tool neighborhood stability in areas where property is likely t cc:nverted to rental use or abandoned. 335q to encourage o be • D FL -4. Single Family Mortgage Bonds -- - - -� FL -3. Rural Development The League supports pr rams and increased funding to strengthen rural economies and to aid c tieE in Providi n sere ces and public impro vements that st mulate economic deve o ment. Such prograi.as must uphold the auth ority of c1t es to provide public utility services and mu st recognize the importance of orderly growth within a comprehensive 1i ;nd use planning process which involves cooperation among local units of , City officials urge the federal government to increase the capacity of local units of government to deal with problems of groundwater contamination anal water resource management in order to comply with federal environmental standard and to make services available to residents in surrounling rural areas. The League opposes initiatives to make rural electric cooperatives (RECs) eligible for low interest loans to provide water dnd sewer services in areas without such service delivery. Such policies are not in keeping with the purpose or role of RECs to provide electricity to support family farms and to strengthen the agricultural sector. The mission of rural electric cooperatives has historicalll been to provide farmers and those living outside urban centers with electric service. It is not the mission of the rural electric cooperatives to • duplicate or compete with cities for the provision of water and sanitary sewer service in areas adjacent to cities. Increased REC interest in competing with cities to provide such utility services in rural area has raised serious concerns at the local level. Cities are experiencing increased intrusion by RECs in annexation proceedings and disputes and in the delivery of municipal services to subdivision. It is evident that, on a national level, the Rural Electrification Administration is encouraging local cooperatives to pursue authority to provide utility services that cities hove traditionally been authorized to deliver. Many lawsuits are currently pending in the state court systems. These lawsuits: involve situations where federally supported rural electric cooperatives are intruding into developing urban areas in conflict with an existing municipal utility which is ready to provide utility services including sewer and water and electric service. If Congress enacts legislation that makes REC eligible to borrow funds for development of rural utility systems, such financing should be approved only if the followiiig criteria are satisfied; * Demonstration that the proposal will neither result in nor encourage the loss of valuable agricultural land and resources; • - 84 - . 335S FL -5. Rural Development (Cont * Completion of an environmental impact statement or other evaluation of the affect of such facilities on: water resources, population settiement patterns, development strategies and availability of other federal grants or loans (EPA water and sewer loans and grants); * Compliance with i:.cal comprehensive land use and water management policies; and # Demenstiggtion,- _that: proposed rural..utility systems- wili'nof "create` obstacles to annexation and orderly growth of cities. Further, rural development legislation must incorporate the following elements: * The role and capacity of cities to deliver water and sewer services must be recognized; * Cities with current or planned capacity to deliver water and sewer service should have ,& right of first refusal to extend utilities to properties requesting improvements; * Cities should participate directly in the review of REC project proposals to serve locations adjacent to cities; * Any federal funding which is provided should be administered by the • agency most experienced in rural development, F?M. * The legislation should clarify that water and sanitary sewer funding for RECs is not intended to provide the RECs with compensable water and sanitary sewer service territory rights in any State court or State agency proceeding. Unplanned development in unincorporated areas (rural sprawl) will create new problems in rural communities. such development consumes limited environmental and financial resources and weakens, rather than strengthens, local economies in agricultural areas. City officials urge the federal government to strengthen the role and capacity of cities in such locales to raintain a quality of life, 1 encourage economic development, sustain a growing population, and efficiently use agricuIXW#- ,, r Qurces,: "'.F.` : 1i C.!' �tS ±t�".'Sa rir'i cj �.•. i�"�c;: ' 7 J i. : i � _ ` <'.. '' "_ FL -5. Cable Television Regulation The League of Minnesota Cities Urges Congress to re-examine provisions of the 1984 cable co - mmun cat. ons _policy act that affect local regulation of cable - franchise o Brat ons and servi -- T � h — eLeaque also has a strong interest n ach ev n a more appr o r ate ba ance Between local author t to man ate access to cable commun cat ons services for city residents and the - opportunity for the cab a Industr to effectively compete with broadcast telev s on and the telecommun cat ens nduntrv_ 335 - 85 - FL -6. Cable T Regu (Conttd) 40 LMC supports the following changes in the 1984 cable communications policy act to: * Permit telephone companies to own, and operate cable systems subject to city regulation on the same terms and conditions that apply to local regulation of other cable franchise operations; * Assure that rural areas have access through satellite broadcast and other competing technologies to services available on cable systems; * Improve leased access requirements to provide a set -aside of channel capacity for use by commercial programmers not connecte,3 with the cable operator as well as by public and educational institutions; * Assure that local commercial broadcast stations will continue to have access to cable channels in order to prov;d? locally originated programming and news programs of local interest; * Establish a legislative definition of effective competition to authorize locate rate regulation if comparable alternative television programming and services are not available to city residents at rates competitive with those charged by the cable operator; * Broaden discretion in franchise renewal proceedings to eliminate requirements that make it necessary for city officials to disprove that, prior to renewal, the city had previously acknowledged and tolerated violations of the original franchise agreement; * Require paymants by cable franchise operators to support the operation of public, educations and government access (PEG) channels; * Authorize cities to establish and enforce local technical standards to assure the quality of local cable signals; * Provide cities with increased authority ors. modification p and timetables to permit effective enforcement of exist4ng franchise agreements during pending modification proceedings; * Authorize cities to establish minimum service requirements when requesting proposals from cable franchise operators to assure access to programming that meets local needs; * Require city regulation of the placement and numbering of local broadcast signals and other p:orram services co prevent retieriny of basic services; * Guarantee blanket immunity for actions taker, by the city consistent with the cable communications policy act; and * Protect the entity operating public access facilities from liability. ,33S7 FL -6. Cable Television R lation Contfd If the U.S. Supreme Court determines that the cable television industry has broad rights to control program content, distribution, and access to cable systems, the following measures may also be necessary for the protection of local interests: * Prohibit common ownership of cable program networks and cable systems (vertical integration) to prevent concentration of ownership and control of prograaming, distribution, and access to,cable. chat ® p' `il;x►d it^ro.idla�caz� aze�- rtoi �.�ldi•�s.r, t_� * Require expansion of capacity of the cable system to respond to future demand for channel access; * Require cable operators to make channel capacity available on a first -come, first - served basis; and * Eliminate the five percent limit on franchise fees and permit city franchise authorities to establish fees without federal interference. Congressional action to reauthorize the Stewart B. McKinney homeless assistance act is encouraging in light of previous federal action to restore FY budget cuts in homeless assistance programs. Restoration of funding levels for emergency shelter grants, sect0on 8 moderate income, and SRO rehabilitation r important to cities in local efforts to prodeshousingusereices.- Demonstration supportive, housing programs and supplemental assistance, along wit:, health care and mental health block grants, emergency food and shelter, s and, emergency sery f unded . i ,should continueAoubep,a3r,% .mil s. ' .B_T ";S ESt1r3t hrrr. Long -term federal assistance to the homelees should include a firm commitment to financing low- income housing programs such as Section 8 new construction and substantial rehabilitation programs, Farmers Home Adm;nistration housing loans, and other federal elderly and handicapped housing assistance for those in poverty. Measures that promote maintenance and rehabilitation of low- income housing for families and individuals are also important strategies to reduce homelessness. Programs are needed to support availability of such housing in rural areas as well. Tax incentives for construction 33 D - 87 - FL -7. Homelessness /Housing Issues FL -7. Homelessness /Housing Issues (Cont* and rehabilitation of low- income housing must be continued and improved to make it possible for cities to effectively respond to such housing needs. The lack of adequate community mental health services also aggravates the increase in the number of persons who are homeless. The needs of vulnerable individuals remain a major concern for local officials. The federal government must work with states and cities to improve eligibility for health care, long -term transitional housing, food stamps, and other federally subsidized benefits to assist such individuals. F L -8. Federal Mandates The League of Minnesota Cities urges Conq� to en provide reimbursement to cities for the direct cost with federal policie s reg ulations , and national' st additional costs and responsibilitie on o tY should also address the need for flexibility in imp programs and limit the fiscal impact and overburden government. ct legislat ementing federal on local The League acknowledges the important role of the federal government in addressing issues of national concern. It is equally important, however, that federal legislation which imposes increased responsibilities and duties on cities also address the impact of such requirements at the local level. In recent years, the federal government has largely overlooked the fact that such mandates often require cities to use local revenues to cover the cost of compliance with such national standards. Disparities in local fiscal capacity and the adverse effects of federal mandates on local government are indisputable evidence of the need for Congress to take seriously the need to take better account of the local impact of mandates. City officials are justifiably alarmed at the prospect of the increased costly responsibilities and regulations imposed by the federal government at a time of declining levels of federal aid to cities. Among current and pending federal policies, the following have direct and substantial fiscal impact on cities: * Medicare coverage for currently exempt city employees; * Federal gas and diesel fucl tax liability; * Distribution of retirement benefits to public employees prior to retirement; * Medicare coverage for election judges; * Restrictions on local municipal bond authority; * Water and air quality standards; and * Incinerator ash disposal requirements. 3357 FL-8. Federal Mandates (Cont Members of Congress should work with local officials to determine ho'j to limit the fiscal and other overburdens of such requirements on the operation of city government. Further, the League supports an assessment of current federal programs, regulations, and policies to determine the extent of adverse cost, structural, and intergovernmental impacts on cities. The League supports federal legislation to require that cost impact stAtements (fiscal notes) . belAncluded on all tederaY 'le�islat��re' pro dka sj'�� ..rules, and regulationwpriov `to ki#dhii�iit "oi enfo`r'cemeR Traditionally, city officials have agreed to comply with federal requirements associated with the distribution of federal aid to local government, federal housing assistance, community development block grants, wastewater treatment construction grants, etc. In recent years, however, congressional policymaking in response to changing national priorities has often resulted in shifting new duties and responsibilities to the local level without a corresponding increase in federal revenue to cities or the expansion of local authority to raise revenues to pay for those new mandates. FL -9. Solid Waste Management The League of Minnesota Cities strongly urges Congress to establish a national program of env ronmentsl nr nr t as l r%M,M r%, 7E 80110 waste disposal a environmentally safe suges are needed to * Establish packaging standards for manufacturers, distributors, and retailers and require all new products and packaging to be non - toxic, recyclable, and /or biodegradable; * Authorize the U.S. Environmental Protection Agency to require industry to eliminate toxic, no and /or non - biodegradable products and_packaging; - ';. * 'Prowidi tund inq ; and other assistance` to expand tfie _market `o�r recyolaDiLes; * Restore favorable tax treatment for financing of resource recovery facilities, landfills, and recycling centers; * Develop national recycling goals and initiatives; * Provide funding for pilot recycling programs to assist cities to develop new recycling methods and programs; S * Develop siting criteria for waste disposal facilities; 3366 - 89 - FL -9. Solid Waste Mana ement ContId * Regulate resource recovery and ash emissions throu h a permitt process that requires periodic monitoring and achievable emission controls; * Require retrofitting of existing incinerators only to correct major pollution problems not recognized at the time of construction or to require installation of available, cost - effective new technologies; * Designate incinerator ash as a special waste and establish testing and treatment requirements along with development of flexible methods of ash disposal for residue that has been tested or treated; and * Establish design criteria for ash monofills to be used for untreated or toxic ash. Further, the federal government should develop options for solid waste disposal and assist local government in implementing cost - effective programs to reduce the chance of future environmental damage from waste disposal methods. Source reduction also plays a critical part in management of increasing costs of disposal. Congress should establish packaging standards for manufacturers, distributors, and retailers to reduce the volume and pollutior problems associated with toxic and non - biodegradable materials. Removal of toxic, non - recyclable, or • non - biodegradable packaging and products should be a ;major focus of a national solid waste management policy. Development of integrated strategies that use source reduction, recycling, resource recovery, and landfilling is required. LMC supports National League of Cities development of a national solid waste management policy for cities to provide management options that allow cities to meet local needs. FL - 10. Refugee Assistance The Leagu of Minnesota Cities supports full funding of a Refugee Act of 1 980 and urges C ongress to imp coordin. betwe 90-- the — . - - - -- -- -- - - ormulation of --- --� -w; _&W&nJWW iic: . wns Leaqu also ur es that the Nat onal League of Cities and the fe eral government study refugee resettlement concerns and that the federal government take further action based on timely research. Refugees who settle in the United States, particularly Southeast Asians, face a number of serious problems. The educational system is generally ill - equipped to help young refugees and their children. Along with the obvious cultural and linguistic barriers to achieving self- sufficiency, educational problems promote a cycle of poverty and . welfare dependence among refugees. In addition, refugees experience - 90 - 3341 F L -10. Refugee Assistance (Cont social and psychological problems that are uniquely related to their i past experiences and recent settlement in the United States. Their isolation from other Americans and the lack of federal funding for specific education, social services, and job training for refugees compounds the problem. The continual arrival of new refugees, the significant numbers of settled refugees, and the cultural and linguistic barriers to serving these unique people all point to,an ever- growing strain -upon cities,. counties'; and states across the nation. The League recommends that the federal government study these concerns to assist in the formation of a more comprehensive program to achieve the goals of self - sufficiency and cultural assimilation for refugees. Increased federal funding to special programs for refugees has been encouraging. Restoration of funding levels for AFDC, Refugee Cash Assistance, State and County administrative costs, and the Refugee Unaccompanied Minor Program continues to be important to cities coping with the strain of refugee resettlement. However, municipalities do not have the resources to adequately address refugee concerns. Resettlement is a national issue, and the League of Minnesota Cities feels that more federal assistance is warranted. Funding levels for assistance programs to refugees need to be mor3 representAtive of annual admission levels. Further Congressional action should establish greater cohesion among the refugee admissions Policy of the U.S. Department of State, the level of appropriations for assistance programs established by Congress, and the administration of the Refugee Assistance Act by the Office of Refugee Resettlement in the Department of Health and Human Services. FT,-11. Passenger Facility Charges & Airpor T rust Fun Expenditures The Le,� urges Congress to authorize local airports to impose Passeng, Facility Charges (PFCs) to fund airport capital development projects. The League urges the federal government to spend Sown balances in the airport and airway trust funds as the prinicipal mechanism for financing airport development and improvements. Legislation'authorizing airport operators to levy PPCs on airline ~� passenger tickets should be approved only if federal financial support for other local airport programs is maintained and airline passengers are protected from exorbitant price increases for connecting to major airline routes at regional hub airports. Another essential condition for enactment of PFC legislation is the spending down the Airport Trust Fund surplus over the next five years. Smalle airport and air travelers dependent on connecting flights • must also be assured of ro ortionate revenu and equity in the mposit on of PFCs on such tickets. 33ZZ, - 91 - CJ FL-11. Passenger Facility Charges & Airport T rust F Exp JC Congress must increase the rate of spending out of exi- tinq trust funds to meet pressing local capital needs and to 4nc grants to smaller airports. Airports should also be granted flexibility in the use of PFC revenues for: * Airport access road improvements; * Noise reduction and measures designed t aid nearby resident neighborhoods seriously impacted by airport operation and # Airport operational costs. The transfer of a portion of Aviation Trust Fund entitlement funds from large and medium hub airports that levy PFCs to smaller non -hub airports is a means by which Small cities can als L from PFCE assengers using connects lights. It is estimated that PFCs will generate more than $1 billion per year to be used for construction, improved safety, and better air traffic control. FAA figures put annual airport capital improvement needs at $10 billion at present. The current proposal would charge passengers a maximum of $3 per enplanement, with no more than two such levies per one way ticket, regardless of the number of connections. • While increasing competition among also provide sufficient safeguards regional passenger airservice. It airline passengers from smaller ai for connecting flights at hub airp disproportionately higher fares as airlines, such legislation must for consumers to strengthen is alsn essential to assure tha ports who rely on reasonable rates a is are not required to pay result of imposition of PFCs. Ticketing and travel schedules that require more than two co nnecti fl ghts should not be subject to disaproport onate levy n1 g o PFCs City offici support restoration of funding to the Essenti Air Service Program for small municipal airports hurt by deregula Provisions that would prevent the U.S. Department of Transportation from reducing the number of cities in the program and authorize sufficient funds (at least $26.6 million for FY' 93.) from the federal Aviation Trust Fund must be key components of federal policy and must be included in legis at on to authorize PFCs at larger airports. FL -12. Airport Noise Control The League of Minnesota Cities strongly supports enactment of a national noise policy which upholds local authority to regulate airport noise levels and aircraft operations to protect the health, safety, and well -being of the public. Congress must not pre -empt local zoning authority and policies aimed at reducing unacceptable - 92 - 3.313 FL -12. Airport Noise Contrcl (Contf aircraft noise levels that affect nearby neighborhoods and populations. 0 The federal government should establish firm deadlines for the phasing out of older, noisier aircraft used by commercial and air cargo carriers. Congress must also act to restrict use of Stage II aircraft by air carriers when a ban on such airplanes goes into effect in Europe. Communities adjacent to municipal or major hub airports must continue to have authority to impose noise restrictions and to regulate airport capacity to provide for the health aad safety of residents and those living and working in nearby locations affected by airport operations. Cities must be free to protect public health and safety by adopting land use and zoning regulations, licensing requirements, and other measures desiqned to preserve the character and quality of life of ,nearby residential areas affected by airport operations. The Federal Aviation Administratian should also adopt 'non- addition" rules to regulate the use of Stage II aircra,�t by domestic air carriers following the ban on the use of such planes in Europe. • C 330 - 9 3 - • DATE November 1, 1990 RECD NOV 5 l�jziu TO: Commi ssioners HENNEPIN FROM (' Judy Chumley, Deptity Clerk of the Board Li SUBJECT MEMBER AT LARGE APPOINTMENTS - 1991 As required under the open appointments policy, attached is the Annual List of all Member -At -Large Appointments that are due to expire in 1991. E Attach: cc: Douglas Bryant, Superintendent Joel Settles Sub. Henn. Regional Park District Henn. Conservation Dist. Fred Johnson Dale ALkmann Chuck Sprafka Bob Ronlf Gary Macomber - Atty - M'haha Creek Watershed District Bd. Bill Brumfield Gary VanBe:isekom Bruce Malkerson - Atty - Watershed District Boards Jim Erchul, Acting Director - CASH Bd. Lit Sands Barbara Thell Mel Sinn - Soil 6 Water Phil Eckhert Monica Sausen • Mental Health Assoc. of MN 328 East Henn. Ave. Mpls., MN 55414 Various Municipalities V/0' 3365 E W W s — r 1991 SCHEDULE FOR COMMITTEE APPOINTMENTS MEMBERS AT I,RGE TERM ENDING COMMITTEE /BOARD ----- - - - - -- ----------------------------------------- 01/01/91 SUBURBAN HENN. REGIONAL PARK DISTRICT 01/02/91 PERSONNEL BOARD 01/31/91 LIBRARY BOARD 03/08/91 MINNEEAHA CREEK W/S DISTRICT INCUMBENT Mona H. Moede Robert T. Dolan Milton Goldstein Jack Cole Thomas Maple, Jr. Richard Miller NOV -11990 LENGTH OF TERM -------- - - - - -- 4 years 4 years 3 years 3 years 03/14/91 HENNEPIN TEA PRIVATE INDUSTRY COUNCIL Douglas Davis 03/22/91 LOWER MN RIVER W/S DISTRICT William Jaeger, Jr. 05/02/91 HENNEPIN TEA PRIVATE INDUSTRY COUNCIL Morgan Smith 05/10/91 HENNEPIN TEA PRIVATE INDUSTRY COUNCIL Paul Bridges Thomas Zalac J. Eric Earl 07/30/91 RILEY- PURGATORY -BLUFF CREEK W/S DISTRICT Howard Peterson 08/29/91 HENNEPIN TEA PRIVATE INDUSTRY COUNCIL James McDonough, Jr. 09/29/91 NINE MILE CREEK W/S DISTRICT Dr. Eugene Davis 09/30/91 COMMUNITY ACTION FOR SUBURBAN HENNEPIN BD VACANT VACANT VACANT VACANT VACANT Gloria Johnson 12/31/91 0 CAPITAL BUDGETING TASK FORCE COMMUNITY HEALTH SERVICES ADVISORY C'TEE COUNTY EXTENSION COMMITTEE 0 Edward J. Grabowski Walter I. Sandison Patti Sue Selseth Jerry Dulgar La Donna Hoy Jerry Thelen Gayle Hallin Walter Fehst Mary Tambornino Laurel Deloria Mary Hathaway Leonard Franklin Joan B. DeMeules 3 years 3 years 3 years 3 years 3 years 3 years 3 years 1 year 4 years 2 years 3 yes r� RECD NO V o • • November 6, 1990 Mr. Eugene Hoff Mound Public Works Department 5468 Lynwood Blvd. Mound, MN 55364 Dear Mr. Hoff: I wanted to thank you for routing some fill from the City to our lot located at the corner of Sherwood Drive and Commerce Blvd. We appreciated the clean fill that was delivered and actually could probably use more at the site but we are afraid to do anything amore without a permit. Because both Paul and I had enquired at the City about the appropriate ways of obtaining fill, and were informed by the building inspector that a permit would be needed if we changed the slopes dramatically, we decided we had better halt the dumping until we knew more clearly what our plan was going to be. At the moment, we are undecided as to how far we want to pursue getting a permit for fill. The added cost of having to obtain a survey with the grades and slopes is something we wanted to consider before we put any more money into the lot. Once again, thank you for dumping the fill and hopefully, if we decide that more is needed, you will consider us once again. Paul and Wendy Lewin C �'—' ice. C411-r 3347 r GG u� 33Lg , J • 0 R.D. SJOGREN, Ph.D. D1odar November 5, 1990 Edward J. Shukle, Jr. City Manager, City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mr. Shukle: RECD NGV 81990 W.J. CAESAR Business Admin. In response to your letter of October 16, 1990, we will forward your request to the Scientific Peer Review Board. They already are aware of the situation by receiving copies of the correspondence that has taken place, by direct correspondence with Ms. Pacholke (see letters Pom Dr. Keith Solomon), and frr -n her presentation at the SPRP meeting on October 30, 1990. The SPRP has directed laboratory research looking at acute and/or chronic effects of methoprene on Cladocera, copepods, amphipods, Leopard Frogs and of Bacillus thuringlenris israelensis (Bti) on mosquitoes, chironomids, crayfish, American Toads, and Chorus Frogs. In addition, there are studies investigating effects of control materials on chironomids, invertebrate fauna, Redwing Blackbirds and songbirds. If you could clarify the specific scope of investigation desired, this would help direct the SPRP in future assignment of studies. An agreement was made with Ms. Pacholke in early July of 1990 that we would not spray in the Lake Langdc.t area. This was honored for the remainder of the field season. For our records, please verify that Ms. Pacholke's request is representative of other residents in the Lake Lasgdon area. If that is the case, we will continue to omit the Lake Langdon area from our control program. Subsequent meetings will then not be necessary. Thank you for your objective involvement in this situwici. Sincerely. 1) , f� Robert D. Sjogren, Ph.D. Director 0 cc: Richard Anderson, Ph.D. METROPOLITAN MOSQUITO CONTROL DISTRICT 2380 WYCLIFF STREET 9 ST. PAUL. MINNESOTA 551 8 612 AFFIRMATIVE AFFIRMATIVE ACTION EMPLOYER 33 C i T) \ if N l( )t r , l / MOUND ESGTA 51,364 16l,214 October 16, 1990 Dr. R;,bert D. S,jogren, Director Metropolitan Mosquito Control District 2380 Wycliff Jtreet St. Paul, MN 55114 Dear Dr. Sjogren: Ms. Mary Pacholke, 2624 Wested a Boulevard, Mound, MN., has appealed to the City of Mound, City Council to ask the Council to refrain from any mosquito spraying in the Lake Langdon area of Mound. This request came about because Ms. Pacholke claims that she has gotten sick along with her animals due to the mosquito spraying that was done this past spring. She came to the regular city council meeting of October 9, 1990 and made her request. The City Council and staff have received cc,:�ies of all of the correspondence between Ms. Pacholke and the Minnesota Departmtrit of Agriculture, University of Minnesota and Metropolitan Mosquito Control District. The Council directed that' t::e staff write a letter to the Scientific Peer Review Panel., asking them to research the problem that Ms. Pacholke has identified. The City Council is not agreeing with Ms. Pacholke's complaint, but however, feels that some follow up is needed. They asked me to contact your Review Panel to research the problem and to ask the Metropolitan Mosquito Control District to have staff available to meet with Ms. Pacholke prior to any spraying next year in the Lake Langdon area. I have two quzstions: 1. Can the Scientific Peer Review Panel investigate this matter further? 2. C a n t h e Metropolitan Mosquito Control District make available staff to meet with Ms. Pacholke prior to any spraying in the Lake Langdon area for next years spraying season? Please advise me as to whether these two above items can be achieved. I look forward to hearing from you. Sin Edward hukle, Jr. City Mahager ES:ls 33 -K • �/ Tv 154 October 9, 1990 The vote was unanimously in favor. Motion carried. • • R GAVXN 5900 ENCHANTID ROAD, LO 0069 VARIUKE FRONT •_ The Building Official exp pined that the Planning Commission recommended denial of the variance request due to lack of hardship and the proposed garage would be too close to the garage behind it which creates an unsafe condition. The Council discussed this item. They pointed out that the applicant could attached this garage to the dwelling. MOTION made by Joh 48on, seconded by JesseL to refer this item to Staff tc prepare a resolution of denial. The vote _ was unanimously in favor. Notion carried. r 1.3 REQUEST TO LE JjRARD - NARY PAC$, , 26�.— MSTEDQB BLEU, Mary Pacholke asked that the City Council request that the Metropolitan Mosquito Control District not do any spraying for mosquitoes by helicopter in the Mound area. She related her reasons for not wanting any spraying, i.e. sickness of herself and her animals, other animals in 1-he neighbo.-hood dying. The Council discussed Ms. Pacho'ke's complaints, the letters from the Minnesota Dept. of Agriculture, a 1e 4ter from the University of Minnesota, and a letter from tile Metropolitan Mosquito Control District. The letters from the MN. Dept. of Agriculture and the MMCL stated that they have investigated Ms. Pacholke's complaint regarding improper pesticide applicatioi s to Lake Langdor and have determined that no pesticide misuse has been substantiated. The letters state that ETI and not methoprene was applied. NOTION made by Johnson, seconded by Jensen to direct staff to write a letter to the Scientific peer Review Panel asking them to research this problem and send a summary of their results to the City of Mound. Also asking the NMCD to have +� people on hand with Ns p 'kaholke to monitor the spraying !� L-1 st year :gin Lake Largdon. The v%:•.e was unanimously in favor. Notion carried. l� �7 COMMENTS & ORGOEB IO NS FROM CITIZ PRESEIaT There were none. e 337/ }.r. • LAKE MINNETONKA CONSERVATION DISTRICT WATER STRUCTURES 6 ENVIRONMENT COMMITTEE A G E N D A 7:30 a.m., Saturday, November 17, 1990 Shorewood City Hall 5755 Country Club Road REC'J NOV 13 IS90 0 1. Minnetonka Boat Rentals: Requesting a reconsideration of Board action of 10/28/87 which amended the variance order of 6/27/84 providing for one additional pontoon as temporary fishing rental storage from fishing opener to July 1, changing to full- season storage. 2. Excelsior Bay Yacht Club, dba Excelsior Park Tavern, update on EAW status with City of Excelsior and request by applicant to continue the arrangement of 1990 to operate existing facility providing for 10 transient and 22 storage slips, accompanied by the full schedule of amenities for the 40 -slip new marina. ?. Review final copy of amendment to Code 2.95, Subd. 4(b), Airenities, for Board action. 4. Deposit zefunds A. Ci.t7 of Wayzata for new dock license and special density applications (@ $i00 each = $200) B. DMA deposits (@ $100 each): City of Deer'-even Minnetonka Yacht Ciub City of Excelsior Wayzata Yacht Club Methodist Lakeside 5. Additional businesa recommended by the committee. ENV 1,,ONHENT • 1. Eurasian Water Milfoil Task Force, Chair Reese A. Progress on 1991 budget B. Operaticns Plan update 2. Additional business recommended Lv the committee. 11 -9 -90 LAKE MINNETONKA CONSERVATION DISTRICT • / i W'D NOV 13 1990 TO: "Dock" Committee FROM: Staff I DATE: November 9, 1940 SUBJ: Minnetonka boat Rentals' request to make temporary slip permanent Minnetonka Boat Rentals is licensed for 44 BSU (24 rental, 18 slides and 2 transient) on 195' of shoreline. The density of boats per feet of shoreline is 1.4.4'. In September "" C: - r' J.:nes , owner of Minnetonka Boat Rentals, asked for a mal storage of a fishing pontoon next to slip #8. On October 28, 1987 the Board approved temporary storage of a rental pontoon to provide additional fishing access to the lake during the fishing season, from fishing opener to July 1. is The applicant is now requesting that this temporary storage pro- vision be extended to full-season storage. This necessitates the consideration of adding an additional licensed slip to a com- mercial marina already at a density in excess of 1 :10. The options are to approve an additional slip, further increasing density, or to cout!nue the Board's original action of October 28, 1987, t•eaffirming the applicant is to remove the pontoon on July 1 as his privilege expires. The applicant has been invited to the November 17 committee meeting to discuss the matter. RT :jlm att: site plan, minutes excerpt • STA LOC ATION O EXISTI D O CKS - FOR - : - Mr. Char J is Subject to Order of 6- 27 -84, and t „ D - that the section of dockage that Nov 13 will not be used under the variance Order for;tie -on of the pontoon which was moved, be fenced. _ 4 -22 -87 One additional pontoon -dos approved for temporary Ii f� - s�� ti \ fishing - rental storage from fishing opener - ` ��., :• '" 'Y ; to July 1 _apDrove�� (1 . ` ;'`, �� ,, .i` �> 10 -2847 1 ..e �'' �1 ti J� �I 1 4 i L ell, \ i On the north side of the applicant's authorized dock use area, a variance of five feet is requested. The original plan of applicant's has been amended so that the slips on the north side of the dock use area do not extend toward or encouraje encroachment into the adjacent dock use area. ORDER On the basis of the foregoing, IT IS ORDERED: 1. That a variance on the soutir side of the subject dock use area is granted foc the temporary storage of boats subject to the following conditions: a. The variance shall be used for no more than two fishing boats. b. The variance is granted only for purposes of allowing loading and unloading of such fishing boats. No permanent or overnight storage shall be allowed. C. The dock is to he constructed so as to comply with the set back requirements of the LMCD Code of Ordinances. 2. That a variance of five feet is granted on the north side of the subject dock use area for constrr tion of a clock in compliance with the at t — ., ed plan. 3. That a new dock license is granted for the construc- tion of a multiple commercial dock in accordance with the attached plan. 4. That the dock license and variances hereby y:anted are subject to the following conditions: a. That the applicant submit to the District an as -built survey within 60 days of the completion of construction of the docks. b. That there be no increase in the total length of dockage or slip length or number of beats stored beyond 100 feet frorn the shoie line The variance sought on the south side o1r the applicant's dock use area is solely for the purpose of allowing temporary • storage, for purposes of loading and unloading, of two fishing boats within the set back area. The dock itself will comply with the requirements of the LMCD Code. On the north side of the applicant's authorized dock use area, a variance of five feet is requested. The original plan of applicant's has been amended so that the slips on the north side of the dock use area do not extend toward or encouraje encroachment into the adjacent dock use area. ORDER On the basis of the foregoing, IT IS ORDERED: 1. That a variance on the soutir side of the subject dock use area is granted foc the temporary storage of boats subject to the following conditions: a. The variance shall be used for no more than two fishing boats. b. The variance is granted only for purposes of allowing loading and unloading of such fishing boats. No permanent or overnight storage shall be allowed. C. The dock is to he constructed so as to comply with the set back requirements of the LMCD Code of Ordinances. 2. That a variance of five feet is granted on the north side of the subject dock use area for constrr tion of a clock in compliance with the at t — ., ed plan. 3. That a new dock license is granted for the construc- tion of a multiple commercial dock in accordance with the attached plan. 4. That the dock license and variances hereby y:anted are subject to the following conditions: a. That the applicant submit to the District an as -built survey within 60 days of the completion of construction of the docks. b. That there be no increase in the total length of dockage or slip length or number of beats stored beyond 100 feet frorn the shoie line • measured from elevation 929.4 National Geodetic Vertical Datum. C. That four watercraft availability units be reserved for the storage of rental pontoon boats, these four slips being the two outermost slips of the north section of docks, the north side of the northernmost dock slip extending from the shore line, and the north side of the northernmost, west - facing slip on the main dock structure. The license issued hereby shall grant no vested rights to the use of Lake Minnetonka. Such use ,hall at all times remain subject to regulation Ly the District to assure the public of reasonable and equitable access to the lake. By order of the Board of Directors of the Lake Minnetonka Conservation District this , >i 1 "' day of I)"/ _ , 1989. 1 . /I�a..� Frank Mixa, Executive Director • • LMCD Board Minutes April 22, 1987 . Page 2 Bjorlin Moved, Ree a Seconded that the committee report be accepted. Motion, Ayes 1111, Nays 101. —� Clevenger Moved, Garwood Seconded that the as-built from Minnetonka AS- BUILTS: Boat Rentals 6 Edgewater Marina be accepted with the stipulatior MINNETONKA that the section of dockage t4at will not be used under the variance BOAT RENTAL Order for tie -on of the pontoon which was moved, be fenced. Motion, b Ayes [111, Nays to]. Garwo -jd Moved, Reese Seconded that the as -built from North Shore NORTH SIIORF. Drive Marina be accepted, subject to legal review, and •►ith the DRIVE MAR1I4' stipulation that the east side of the main dock be fenced. Motion, Ayes 1111, Nays 101. i s LMCD Board Minutes October 28, 1987 Page 2 Reese Moved, Kraemer Seconded that the Minnetonka Boat Rental vari- MTKA 110A I' ante order be amended to provide for one additional pontoon as RENTAL temporary fishtng storage, from fishing opener to July 1. ORDER Motiot., Ayes 191, Nays 101. AMENDED 171