Loading...
HomeMy WebLinkAboutAgenda Packets - 1986/11/031. 2. 3. 4. 5. 6, CITY OF MOUNDS VIEW CITY COUNCIL AGENDA SESSION NOVEMBER 3, 1986 7:00 P.M. Consideration of Staff Memorandum Regarding Fire Department Request for Supplementary Funding Consideration of Staff Memorandum Regarding League of Minnesota Cities 1987 Proposed City policies and Priorities Consideration of Resolution No. 2121 Commending and Appreciatiri7 Matt and Greg Rowley Consideration of Staff Memorandum Regarding JLN Tax Increment Proposal at 4807 Mustang Circle Consideration of Emergency Response Critique - July B, 1986 Williams Pipeline Disaster (Information Received Previously) Consideration of Staff Memorandum Regarding Kutchner Request and Code Appeal Consideration of Staff Memorandum Regarding MN DOT Reconveyance of Land Consideration of Staff Memorandum Red Oak Turn Back Consideration of Staff Memorandum Regarding Chapter 40 Mobile Home District 10. Consideration of Staff Memorandum Regarding Driveway Survey for Variance Requests for 2267 Lois Drive and 2272 Lois Drive 11. Third Quarter Staff Report - Director of Public Works . - UIVAPPR011ePROCEEDINGS OF THE CITY COUNCICITY OF MOUNDS VIEW � RAMSEY COUNTY, MINNESOTA Regular Meeting ing October 27, 1986 Mounds View City Hall 2401 Hwy. 10,Mounds View, MN 55112 -----------------------------------------•--- 1. Call to The Mounds View City Council was called to order Order by Mayor Linke at 7:03 PM on Monday, October 27, 1986. 2. Pledge of The Pledge of Allegiance was said. Allegiance MEMBERS PRESENT: Councilmembers Blanchard, Quick, HaR;;r, Haake and Mayor Linke. ALSO PRESENT: City Attorney Meyers, C1erY./Admini- strator Pauley and Public Works/Community Development Director Thatcher. Motion/Second: Haake/Blanchard to approve the October 986 minutes as corrected. 5 ayes 0 nays Motion/Second: Quick/Hankner to approve the October 2J, 1986 minutes as presented. 5 ayes 0 nays Mayor Linke closed the regular meeting and opened the first public hearing at 7:05 PM. Phil Carlson, representing JLN Development, stated they have assisted Staff in preparing the EAW Scoping document, and he reviewed what the EAW is, and the necessity for it, and the procedure that was followed. He stated is is addressing four major issues, storm water run-off, erosion, air and noise pollution, and traffic. 3. Roll Call 4. Approval of Minutes: October 13 a,nd October 20, 1986 Motion Carried Motion Carried 5A. Public Hearin JLN Developme Scoping Dcmt. EAW Mounds View City Council �.5q F� r F M October 27, 1986 Regular Meeting F? irU A9 '� i Page Two ee i i - _________________________ LF�..___ _I_ a ;• ,..-,��-__----_- b d e 9 �i � @ � _,�l �„ Director Thatcher stated the scoping period ends on November 6, for any written documentation to be sub- mitted to the City, and the City will need to make a final decision by November 10. Be added the Minnesota Historial Society is in the process of doing a search of the area also, and they will have their findings to the City by November 6. Wally Johnson, representing his mother who lives at 2287 County Road H2, stated he would like a survey made of the existing noise levels at County Road H2 and Quincy, to compare to the anticipated noise levels with increased traffic. Mr. Carlson replied such an analysis is a routine part of the EAW and will be included in it. Mr. Johnson stated that in comparing the EAW and Comp Plan, he feels this development would be introducing adverse problems to the area to the north, and he feels they could all be resolved to the residents satisfaction if the Comp Plan -ps followed. He stated he takes exception with 'on #12, and asked that the study specifically at: the development on the basis of the Comp Plan. Councilmember Haake stated she endorses Mr. Johnson's comments. Mayor Linke closed the public hearing and reopened the regular meeting at 7:19 PM. Mayor Linke closed the regular meeting and opened the 5B. •1986 Long next public hearing at 7:19 PM. Term Financial Plan Mayor Linke reviewed the purpose of the 1987 long term financial plan and the process that was followed. He stated a copy is available at City Hall during normal working hours, for the public to review. Mayor Linke closed the public hearing and reopened the regular meeting at 7:21 PM. Mayor Linke closed the regular meeting and opened 5C. Red Oak School the next public hearing at 7:21 PM. Site Major Subdivision Director Thatcher introduced Chuck Cook, of Continental Development, the developer who is pro- posing to develop the site into 16 single family lots. Mr. Cook stated th%y nsd held an informational meeting some time ago, and he has just now finished the plat. Ile showed a diagram of the area, showing how the 16 single family lots would be situated and Mounds View City Council October 27, 1986 Regular Meeting �1� a- ':'!..1 Page Three ----------------------------- '---'--�-'-, �- - -- ------ where the cul-de-sac would be located. He explained ` very little grading would be required, as the land is so high already. Director Thatcher reviewed the plat map, showing the proposed layout of the lots and access. He stated the Planning Commission had reviewed the preliminary plat and they recommend approval. He added the site is not in the flood plain or wetland. Mayor Linke asked if the holding pond would hold water at times other than heavy rains. Director Thatcher replied that it would not, that the water would drain out rapidly, since this is high, dry ground. Mayor Linke expressed concern with the direction of the flow for some of the '.cs. Director Thatcher explained the grading plan is not being approved at this time, and is will be submitted at a later date. Councilmember Haake stated she was concerned about the existing homes with the long back yards. She added she understands they were all contacted, and she wants to make sure they understand they will be land -locked with this development. She added she feels R-1 is very desirable for this area, and it will be a benefit to have the land back on the tax rolls. Duane McCarty asked if the fuel tanks had been removed from underground yet. Mr. Cook replied they had been removed. Director Thatcher stated the developer would like to build on the lots fronting Red Oak and Sherwood as soon as possible, as all the services are in there and the lots are ready to go. He added the interior lots, on the cul-de-sac would be developed next spring. Arnold Knapp asked if Mr. Cook would be building on all the lots or selling them off. Mr. Cook replied he will be selling to other realtors, with plan approval. He added that the cost of the lots will dictate the types of homes that will be built. Dill Prits, 8072 Long Lake Road, asked what would happen to the fence that is still there from when the school was there. Mr. Cook replied he would like to see the fence remain, but it has .been his experience with other school Mounds View Cit Council � 1f� _` A ri ,--Octtoberr27,.1986 Y J a, J Regular Meeting 'T7 ^ Page Four property he has developed, that the fence may encroach on some property lines. He added that if that is the { case, it is certainly the property owner's perogative to remove that section of fence, if they like. Rick Voke, 8135 Red Oak Drive, stated that between his and his mother's lots, they would have enough property to subdivide, but they had never been approached by anyone, asking if they were interested. Director Thatcher replied he had personally gone door to door in the neighborhood to talk to the residents, and anyone that was not at home, he left his business card in their door, with a note to call him if they were interested. Mr. Cook pointed out that he and Director Thatcher had discussed Mr. Voke's lot, and that next to it, but did not pursue it any further as the two lots combined did not have enough frontage for three lots without a variance. Mr. Voke asked for a clarification of the proposed setbacks for Red Oak Drive. Director Thatcher explained the setbacks have been adjusted somewhat, and the houses to go in on Red Oak Drive can meet the setback but cannot be any closer that what is there without a variance. He added that - Lot 2 was given a 10' setback variance by the Planning Commission, to Allow for enough buildable square footage on that lot, and the one house on Red Oak could then meet up with the setback for Lot 2. Mayor Linke closed the public hearing and reopened the regular meeting at 7:37 PM. Harold Stassen, former Governor of Minnesota, gave 6. Residents copies of a recommendation he was forwarding to the Requests and Secretary of Transportation, regarding the pipeline Comments from running through Mounds View, and he reviewed it with the Floor the Council and also read his letter to Joseph Nall, Chairman of the NTSB panel. lie explained he has had a life long interest in the people of Minnesota and their safety. The Council thanked Mr. Stassen for his involvement in the issue. Dennis Richardson, 2320 Highway 10, asked the Council for a temporary occupancy permit for their car wash facility. Director Thatcher explained Staff does recommend a temporary occupancy permit for Suds and Shine, contingent upon approval from the Building Inspector. Mounds View City Council October 27, 1986 Regular Meeting .- iJ Page Five --------------------------°-S"-��� Councilmember Hankner asked when the fence would be installed. Mr. Richardson replied it is scheduled for Saturday, November 1. Motion/Second: Hankner/Quick to grant a temporary occupancy permit for Suds and Shine at 2320 Highway 10, contingent upon approval from the Building Inspector. 5 ayes 0 nays Motion Carried Councilmember Blanchard asked that the payment to 7. Approval of Johnco of $8,949 be removed from Item I, as it is Consent Agenda on the agenda for discussion and approval later in the meeting. Motion/Second: Hankner/Blanchard to approve the consent agenda, minus the payment to Johnco on Item I, and waive the reading. 5 ayes 0 nays Motion Carried Motion/Second: Haake/Blanchard to approve Resolution 8. Consideration No. 2120, regarding Planning Case 184-86 for the Red of ,esolution Oak School site, and waive the reading. No. 2120 5 ayes 0 nays Motion Carried Motion/Second: Quick/Hankner to approve the first 9. 1'st Reading of reading of Ordinance No. 414, adopting the 1986 long- Ordinance term financial plan, and waive the reading. No. 414 5 ayes 0 nays Motion Carried Director Thatcher revieed the need for potassium 10. Consideration permanganate feed equipment fox Well No. 3, at of Staff Memo Water Treatment Plant No. 1, and he reviewed the On City Projei two bids that had been received. 86-7 Motion/Second: Haake/Blanchard to award the project to R. L. Anderson-Beckstrom, Inc., in an amount not to exceed $14,947, with the money to come from 1986 project line 700-122-4123. 5 ayes 0 nays Motion Carried U. Mounds View City Council a f r �_ ?r„Y October 27, 1986 Regular Meeting pp -------------•---- C F _� Page Six T , . r - Director Thatcher explained that pursuant to Council's 11. Considera#'�n authorization of the project in July 1986, Staff would of Staff( i now like a specific award made at this time, for a Regarding"' specific dollar amount, and he reviewed the two bids Gale/Yost that were received. Addition Clerk/Administrator Pauley explained this was a formality only, as the work had already been approved by the Council. Motion/Second: Quick/Hankner to authorize award of the project for the bike path to Johnco, in an amount not to exceed $8,949.00, with the money coming from the contingency ;- ;.-ount. 5 ayes 0 nays Councilmember Blanchard stated she still felt the work could have waited, in view of the fact that the contingency fund is going down due to the pipeline situation. Mayor Linke explained the work had already been done, and this is merely a formality in approving the payment. Councilmember Haake stated she agreed with Council- member'Blanchard's comments, but she realizes the work has been done. Motion/Second: Blanchard/Hankner to approve the payment of $8,949.00 to Johnco, with the funds coming from the contingency account. 5 ayes 0 nays Motion Carried Motion Carried Motion/Second: Quick/Haake to approve Resolution 12. Consideration No. 2119, approving the appointment of Thomas of Resolution Kinney as a full-time City employee, and waive the No. 2119 reading. 5 ayes 0 nays Motion Carried Police Chief P.amacher updated the Council of activity 13. Department in the Police Department for the past quarter, anil Head Quarterly he presented an overhead projection, showing how Reports Mounds View is rated in crime statistics when compared to surrounding communities. Fie reported the four reservists are attending school now and should be graduating in December. He also commended Jack Chambers for the excellent work he did on the Tammi Schapel murder case. Finance Director Brager presented the third quarter Mounds View City Council October 27, 1986 Regular Meeting '• Page Seven --------------- -------------------------- financial report to the Council, and he reviewed the ® activities of the Finance Department for the past quarter, and what they have scheduled for the next few months. Councilmember Haake pointed out that Mounds View's mill rate has not gone up in the past three years, which is great, but she had hoped to see that on the front page of the New Brighton Bulletin, rather than in the middle of the paper. Mayor Linke stated he was also concerned with that issue, and would be addressing it in his report later in the meeting. Park Director Mary Saarion reviewed the activities of the Park, Recreation and Forestry Department for the past quarter. She reported a number of trees have been removed due to disease, but the percentage is down over 1995. She also reported the summer programs had gone over very well and had a very good participation level. Director Thatcher reviewed the activities of the Public Works/Community Development Department for the past quarter. He reported the majority of fire inspection duties have gone back to the Fire Department, and they have bud:;eted for someone for 1987, to work for 4 or 5 months, to do both apartment and fire inspections in the City. Director Thatcher reported they have received verbal 14. Report of Public Works/ approval of the loan for the study of the planning Land Community area of Districts 6 and 12, of. the Comprehensive and he asked authorization Development Use Plan, from the Met Council, of Gunnar isberg, as had previously Director to retain the services been discussed, in an amount not to exceed $14,825, contingent upon receiving written approval from the Met Council. Clerk/Administrator Pauley reviewed what would be done with the plan, and that it would be an 18 month process, be involving more than Districts 6 and 12, and would he would like to move more than one document. He added ahead at this time and not lose momentum. It was the concensus of the Council to wait for the the written contract from the Met Council, approving did not feel loan, before proceeding any further, as they the momentum would be lost. Director Thatcher asked for clarification from the Council of exactly where they would like the stop signs placed in conjunction with for County Road H2 and going north, the JLN Development, lie presented an overhead planned of the area, indicating where he understood they map wanted the signs. lie added they would have the signs in place yet this fall. Mounds View City Council October 27 1986 Regular Meeting r`i page Eights ------------------------t --- -- U — --------------------- �L It was the concensus of the Council to have the stop signs placed as was shown. Attorney Meyers reported the Ramsey County Court System has been unified, and all the judges are now district court judges, and it is working very well out of the New Brighton facility. Attorney Meyers reported he and Clerk/Administrator Pauley had attended the NTSB hearings, and reviewed what has happened to date with that. Councilmember Blanchard read a prepared statement, saving some City Staff had spoken behind her back to certain individuals, stating how she was going to vote and her standing on certain issues, and that she was extremely angry that this had been done, and the individuals involved knew who they were and she expected an apology and retraction. Councilmember Quick had no report. Councilmember Hankner reported she had attended the pipeline safety commission meeting. Councilmember Haake had no report. Mayor Linke reported he will be passing the report on courtroom consolidation on to the Council, once he receives it. Mayor Linke reported he had sent a letter to the New Brighton Bulletin, regarding the placement of articles on the City of Mounds View in that paper, stating he felt Mounds View was not being given it's share of front page space and coverage. fie also pointed out that Mounds View is not listed on their letterhead, as other City's are. He reported he had received a lengthy response back from Gene Skiba, the editor, and he would be making copies for the Council. Clerk/Administrator Pauley asked the Council to set a meeting of the Canvasing Board for 5 PM on November 5, 1986. Motion/Second: Quick/Blanchard to set a meeting of the Canvasing Board for 5 PM on Wednesday, November 5, 1986. 5 ayes 0 nays 15. Report of Attorney 16. Reports of Councilmembers: Councilmember Blanchard Councilmember Quick C'; 17• Report of Clerk/Admini- strator Motion Carried Mounds View City Council October 27, 1986 Regular Meeting� _. Page Nine Clerk/Administrator Pauley reported the Ramsey County Board will be having a presentation made to them the morning of November 3 by Williams Pipeline Company, and he will provide further details to the Council as he receives them. Mayor Linke adjourned the meeting at 9:22 PM. 18. Adjournment Respectfully submitted, Donald F. Pauley Clerk/Administrator U I �r MEMO TO: MAYOR AND CITY COUN I FROM: CLERK-ADMINISTRAT DATE: OCTOBER 28, 1986 SUBJECT: FIRE DEPARTMENT REQUEST FOR SUPPLEMENTARY FUNDING Attached please find a letter frcm Fire Chief Fagerstrom indicating that the Metropolitan Airports Commission paid an amountss an what was ed for revenues from Budget, Pursuant to the provisions of the contract e between theCity billedof 879 Mounds View and the Fire Department, $1, to the City pursuant to the distribution and formula provisions. Staff would recommend payment of this amount from the City's Contingency Account. RECOM14ENDATION: Staff would recommend payment of $1,879 reflecting the City's share of revenue shortfalls to the Spring Lake Park/Blaine/Mounds View Fire Department pursuant to the provisions of their contract with said funds to be paid from the City's Contingency Account. rFP/mjs Attachment: HEADQUARTERS 1810 Highway 10 Spring Lake Park, Minnesota 55432 October 24, 1986 r � c 1O City of Mo::nds View Attention: Donald F. Pauley 2401 highway 10 St. Paul, Minnesota 55112 Dear Don: Please accept this letter as our billing for Mounds View's share of the shortfall in the budget due to MAC not paying the total amount budgeted for 1986. The amount outstanding has been divided between the three cities using the same cost distribution formula as the 1986 budget. Amount budgated for MAC, 1986 $20,100 Actual amount paid by MAC (11,840) Total amount still needed $8,260 MOUNDS VLBW'S SNARE/AMOUNT DOB $1,879 Yours very truly, Ron Nager eportment m Chief of RF/Js J"� 0k9.'t'- C MEMO TO: MAYOR AND CITY COUNCIJ.�/a J FROM: CLERK-ADMINISTRATOR(-x/�rj�j`/-'j/( DATE: OCTOBER 27, 1986 SUBJECT: LEAGUE OR MINNESOTA CITIES 1987 PROPOSED CITY POLICIES AND PRIORITIES Attached for your information is a copy of the League of Minnesota Cities 1987 Proposed City Policies and Priorities prepared by their various legislative study committees. After reviewing this document, it has beer, my determination that no conflicts exist between these proposed policies and City policies, procedures or practices. I would, however, make special note of policy Fi-11, page 84, regarding state and local pipeline safety control. I would commend this policy to you and recommend that the City representative attending the policy adoption meeting on November 20 speak specifically in favor of this proposed policy. This item is being placed on vour agenda for your discussion and I would request your direction as to who will be representing the City at the November 20 meeting. DFP/mjs Attachment: ,;J (7 11 league of minnesota c�'itiec October 9, 1986 TO: ors, MsY Manage e 9 d Clerks FROM: Donald A. Sla x utive Director RE: Proposed policies and the policy adoption meeting Enclosed with this letter is a copy of the League of Minnesota Cities' 1987 Proposed City Policies and Priorities. Please consider them carefully and share them with other officials in your city. We are sending them out now, so you will have time to take formal action on them at a council meeting prior to the League's Policy Adoption Meeting on November 20, 1986. The Policy Adoption Meeting is in addition to the League's Legislative Conference which will be held on March 10, 1987. The League Board requested the change to boost participation in the policy adoption process and to give Leaprre lobbyists more time to prepare legislation before the session begins. The timing for policy adoption is only one of the changes in the process this year. The other major change was to bring up policy issues at the League's regional meetings so city officials could discuss the policies, offer comments, and express their ^.pinions. League staff then took this information back to the policy committees for consideration. This gave more city officials a chance to mold the policies during the early stages of policy development. And, from the comments on the regional meeting surveys, League members appreciated this opportunity. Again, please study the enclosed policies, and plan to attend the Policy Adoption Meeting on November 20, 1986 to vote on them. Remember, each city has a vote at that meeting. The Policy Adoption Meeting will be at the Sheraton -Midway Hotel in St. Paul, beginning at 10:00 am. (Registration opens at 9:00 sm -- See attached information for details.) 1 : t; h u uvr-rt:rtty !;I;. I)ln Al. rninnr.3UCFr 55101 161 21 227-5600 Policy Adoption AZeeting We're doing things differently this year... Mints The League will adnpl legislative policies in November this year, instead of at the beginning of the legislative session. Why: Adopting policies earlier will give League mem' bers and lobbyists an opportunity to contact legislators and draft legislation concerning policies before Ilse ses- sion begins. ". ere: The Policy Adoption Meeting will be at the : Sheraton Midway -St. Paul off of Hwy. 94 (400 N. Hotline Ave.). When: Thursday, Nor. 20, 1986 at 9 a.m. 111ho: A8 member cities should try to attend. Each j city has a rote. Cost: T'-ere is no fee for this meeting. ` TOAT-ie � taw_-.--' Agenda 9.30 a.m. Registration (coffee and rolls) 9:15.9:45 a.m. Pre -conference policy briefing 10 a.m. Policy adoption ... lunch on your omm .. . There is no fee for this meeting. Legislative poll:;- adoption cretin& Thursday, November 20, 1966 5heroton Mldvay St. Paul 400 North Hemline �. 5t. Paul, M 55104 Q Q City: Contact Person: Telephone e: w W P A.C. L O E h .y s E O ,to p as 1 N Name Title Address Zip Code T Tend registration to Coyle arodt, League of Minnesota Cities, 163 University Ave. East, St. Paul, Mx 55101 r C U. vV (W u Sheraton IUidway-SLPaul 400 Nonh H,mline, St. Paul, rdinnnon 5$104 (617)642-1234 N.. Add,esi League of Mirr,e xe Cities Noember 20. 198C Tv insure spar/rate waailability, please respond prior to N>.+rber 1, 1936. Please Specify: _ S56.00 a Tex Single (One Person) 5'ete _Zip _ $56.0 . Tex Double (%j o People) I r.0 rvo..Iw , CDPM b.... ynv^,1 Ij rM nunp,on wnA MD•�IM D4V lt1{ fVDI\'Pl IINt M0,41N Dar Y[{t AMIOA1 Datl DIrAOIWE DAII ICI.du C.,dl Nbmbr ,w brn.rm+Un, CHECK IN TIME 3:00 Ph'. I_1 CHECK OUT TIME I:OOPM October 1986 47 i 1987 Proposed City Policies and Prioities For distribution to all member cities. All mayors, managers, and clerks receive a copy of the proposed policies. Please share this document with your councilmembers. LMC Legislative Study Committees have developed these policies and the LMC Legislative Committee is recommending them to the memLership. Each policy has an A, B, or C, priority. An explanation of each level is in the Foreword. Please review these proposed policies before the 1987 Policy Adoption Meeting. City officials will adopt legislative policies at that meeting on Thursday, November 20, 1986 at the Sheraton —Midway, St. Paul. League of Minnesota Cities Foreword One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle through which cities can define common problems and develop policies and proposals to solve them. To accomplish this purpose, the League has a three -step process: First, legislative study committees of city officials study the issues and propose policies to address issues. They assign priorities according to importance. Second, the leagues Legislative Committee reviews the policies and priorities and makes any changes the comittee members deem necessary. The Legislative Committee consists of the LMC Board of Directors and the chairs of the legislative study committees. Third, representatives of all member cities meet at the annual Policy Adoption Meeting to adopt the policies. Amendments to the policies are possible with a two-thirds majority of those voting on the issue. The policy statements and legislative proposals in this puLlication are the result of that process. They provide the LMC Board of Directors and staff vitS -- guidance when testifying before legislative committees and taking other actions with legislative or policy implications. Priority designation of the policy is in parentlinses at the end of the policy title. The study committees developed the priorities and the Legislative Committee reviewed them and, in some cases, modified them. The priorities give additional guidance to the LMC Board and staff in implementing the League's legislative program. "A" priority indicates a major issue, where the League would Introduce legislation or would wort: actively with other groups to seek new laws and regulations. "B" prior!ty Indicates items that are important to cities but where the. League would probably spend substantially less time unless the Legislature or other groups mounted a major effort to which LMC had to respond. while the League might initiate leg!slation on B priority items, these would be relatively non -controversial :terns, or those where most of the research has already been completed, licit priority indicates items where the League would respond only when other groups raise the issue. Pelicy Page r1 Development Strategies (Clair: Mayor Mary Anderson, Golden Valley) DS-I. Tax Increment Financing (A) .......................... 3 DS-2. Economic Development Authorities (A) ......................... 4 DS-3. Development Financing (A) .................................... 5 DS-4. Housing (B).................................................. 6 DS-5. Economic Development Funds (B) ............................... 7 DS-6. Municipal Service Districts (B) .............................. 8 DS-7. Community Development Principles (C) 9 DS-8. Tax -.Exempt Status of Land Held by Cities for Development (C) .. ........... ................ 10 . . ... .. ..... DS-9. Small Cities Community Block Grant Program (C) ............... 11 Government Structure and General L¢gislatinn (Chair: Councilmember Larry Bakken, Golden Valley) CSCL-1. Tort Liability and Insurance (A) ........................... 14 GSGI- 2. Open Meetings (A) .......................................... 16 CSGL-3. .. .... . ... ..... Mandates (B) ..... .... ..... ................. 17 CSCL-5. Purchasing Authority of Plan B Managers (B) ................ 19 GSCI. 6. Towing of Abandoned Vehicles (B) ........................... 19 GSGL-7. State Licensing of Contractors (B) .......................... 20 GSGL-8. State Audits and City Financial Reporting Requirements (B)...................................... I... 20 CSCL-9. Government Training Service (B) .............. .......... .. 21 CSGL-10. Charitable Gambling Enforcement Fees (B) ................... 21 CSCL-11. ,mint Powers Act (B)....................................... 21 GSCI.-12. Cable Communications (B)................................... 22 GSGL-13. Conflict of lnterest/Incompatibility of Offices (B) ......... 22 CSGL-14. Absentee Balloting (B).........I........................... 23 GSGL-15. Precinct Boundary Changes (R) .............................. 23 GSGL-16. Uniform Local Government Election Day (3) ........ I......... 24 CSCL-17. Campaign and Finance Disclosure (B) ........................ 25 GSCI.-I8. Voting Equipment (B).............. I........................ 25 CSGL-19. Election Day Registration and Administrative Improvements (B).......................................... 26 GSCI: 20. Optional Poll Hours (C)•..I.............................. 26 GSGL-21. City Election Campaigns (C)................................ 27 GSGL-22. Primary Dates (C).............................. I........... 27 GSGL-23. Verification of Petitions (C) .............................. 27 Land Use, Energy, Environment, and Transportation (Chair: Tom Eidem, City Administrator, Monticello) LUEET-I. Wastewater Treatment (A) ................................... 30 LUREI-2. Land Use, Planning, and Annexation (A) ..................... 32 LUEET-3 Solid and Hazardous Waste Management (R) .................. 33 LUEET-4 Transportation (B)........................................ 35 LUEET-5 Ground and Surface Water Management (B) ................... 37 LUEET-6 Regulation of. Pesticides and Other Chemicals (B) .......... 38 LUEET-7 Eminent Domain Law (C)........I........................... 39 LUEET-8 Energy Conservation and Production (C) .................... 40 Policy page Personnel. and Public Safes (Chair: Pete Stolley, Administrator, ' Northfield) PPS-1. Veterans' Preference (A) .................................... 44 _ PPS-2. Minnesota Public Employment Labor Relations Act (A) ......... 45 PPS-3. PERA Benefits, Financing, and Administration (B) ............ 47 i PPS-4. Local Government Pay Equity Act (B) ......................... 50 i PPS-5. Military Leaves (B)......................................... 51 PPS-6. Time and Distance Residency Requirements (B) ................ 51 PPS-7. Unemployment Compensation (B) ............................... 52 PPS-8. One Class of Beer (B)....................................... 52 PPS-9. Firefighter Certification (B)................................ _ 53 PPS-10. Workers' Compensation (C)..........I........................ 53 PPS-11. Modifications to the State Building Code (C) ................ 54 PPS-12. Social Investing (C)........................................ 54 .i PPS-13. Emergency Medical Services (C) .1............I 54 PPS-14. ............... Ambulance Drivers -- Training for Drivers (C) ............... 55 Revenue Sources (Chair: Mayor Sig Steue, Lindstrom) RS-1. Municipal Bonds (A) .......................................... 59 RS-2. .Special Assessment Financing (A) 60 �..` RS-3. State Administrative Costs (A) ............................... 61 RS-4. Property Tax Reform .......................................... 62 RSLocal Government Aids (B).................................... 63 RS-o. State Funding to Cities (R)................................... 64 RS-7. Elimination of Levy Limits (B) ............................... 65 RS-8. Stability of Revenues (R).................................... 66 RS-9. Sales Ratio Study (C).................. I ...... I .......... I... _ 61 RS-10. License Feea (C)............................................. 67 RS-11. Equipment Financing (C) ...................................... 68 RS-12. Railroad and Telephone Tayation (C) .......................... 68 RS-13. Tax -Exempt Property (C)...................................... 69 R.S-14. Local Option Taxes (C)....................................... 69 Federal Legislative (Chair: Councilmember Steve Cramer, Minneapolis) FL-l. Federal Tax Policy: Impact on Cities ......................... 73 FL-2. General Revenue Sharing (GRS)................................ 75 FL-3. Targeted Fiscal Assistance ................................... 76 FL -Is. Federal Deficit Reduction ............. I ............. I........ 77 FL-5. Low and Moderate -Income Housing ............................. 78 FL-6. Homelessness.................................................. 79 FL-7. Medicate Deductions for City Employees ........................ 80 FL-8. Mandates ....................... :........... I ...... I.......... 81 FL-9. Stotmwater Permits ........................................... 82 FL-10. Superfund ........ .... ... .. .. ............................ 83 FL-11. State and Local Pipeline Safety Council ...................... 84 R league of minnesota cities Polic Title Priorit DS-1 Tax Increment Financing A DS-2 Economic Development Authorities A DS-3 Development Financing A DS-4 Housing B DS-5 Economic Development Funds B DS-6 Municipal Service Districts B DS-7 Community Development Principles C DS-B Tax -Exempt Status of Land Held by Cities for Development C DS-9 Small Cities Community Block Grant Program C 103 university avenue east;. se. Paul. minnesota 55101 (612) 227-5600 -1- DS-1. Tax Increment Financing (A) The cities. that Tax increment finance has permitted many cities in various parts of the state to define and carry out rehabilitation, redevelopment, housing, and economic development projects on their own initiative. It represents the most feasible and effective legal strategy which is currently available to cities to preserve and improve their physical and economic environment. In view of the dramatic reductions in federal sssistanc^ for development and housing, tax increment finance remains one of the few options available for cities to promote growth and developmen� in their cities. The League oppoaes volume limits or penalities for municipal use of tax increment finance. Should the Legislature decided that particular tax increment financa practices should he modified, those practices should be dealt with through specific proposals rather than the establishment of a volume limitation. -3- DS-2. Economic Development Authorities (A) The League believes that it is unfair and unreasonable to grant greater authority and power to some cities in the economic development field and requests the following legislative changes accordingly: 1. Authorize all cities to designate economic development areas anywhere within their jurisdiction, not as present law provides requiring that economic development areas be continguous and meet the tax increment finance redevelopment/blighted area test. 2. Authorize the issuance of debt with respect to project activities within economic development districts without a referendum. 3. Authorize a separate levy of .75 mills for economic development purposes. 4. Authorize the economic development authority to build buildings or structures on land owned by the authority. =4- �� DS-3. Development Financing (A) The League supports the continued use of industrial development bonds and other tax-exempt instruments as development tools. The following principles should apply to the allocation of tax-exempt development authority: 1. A maximum of Minnesota tax-exempt development allocation authority being retained by municipalities. 2. The maintenance of local discretion and flexibility in development decisions. ; 3. The minimization of state control of local development decisions. Tax-exempt financing allows cities to undertake a diverse range of activities to prevent economic deterioration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the fl local tax bane. Pending federal tax legislation would substantially change the applicability of tax-exempt development financing. Should the state become involved in designing a new system appropriating tax-exempt bond authority to cities, the League recommends that the above three principles apply, in general, and that the League be centrally involved with the governor and the Legislature in fasMoning an equitable system. -5- DS-4. Housing (B) Federal tax reform legislation as well as substantial cuts in HUD housing programs have dealt a severe blow to many cities' housing efforts. State legislation preserving existing tools such as tax exempt finance, interest rate write down, and taxable options in tax increment and revenue bonding are more icportant than ever. In addition, new legislation providing cities with new resources must be considered. Cities recognize that incentives for the construction and rehabilitation of housing form a vital part of city redevelopment efforts and serve the housing reeds of its citizens, especielly those of low and moderate incomes. The League also supports new legislation which includes specialized opportunities for small communities to participate in state housing and development programs. The League, in geueinl, suy'yJrte auandmcnta to Cho^•^' A62C necessary to further assist cities in using housing revenue bond programs both as a redevelopment tool and as a way to provide housing for low- and moderate -income households. As for the Minnesota Housing Finance Agency (MIFA), program funds should be targeted to cities in a manner consistent with local plans and programs. The MIFA should continue to improve its procedure whereby representatives of a diverse group of cities, chosen in consultation with the League, can participate in targeting funds to cities. -6- DS-5. Economic Development Funds (B) Recently cities have sought -:racial legislation to establish special funds intended to be used to promote economic growth within their communities. These "capital seed funds", are financed either through general fund monies or general obligation bond proceeds. Cities have used them for the purposes of making grants, loans, and other development activities. -7- DS-6. Municipal Service Districts (R) Recent court decisions concerning special assessments have made it more difficult for cities to use special assessments to finance public services and improvements. The Minnesota Supreme Court has interpreted the state Constitution to tequire not only that a special assessment project "specially benefit" affected parcels of property, but also that the city be able to prove that the market value of a property will increase in direct relation to the arount of the special assessment applied to that property. This interpretation has created particular problems for several important city functions. First, it is more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to newly built improvements. This hinders cities from meeting the widely recognized need for maintenance of the existing public infrastructure. Second, cities' ability to finance annual operating and maintenance costs of some services to property through the use of special service charges is either unclear or non-existent under current law. The only current financing alternative to special assessments or service charges is the general property tax. But it may not be desirable to use the general property tax to finance some capital or operating expenses. For example, if a road is used almost exclusively by people living in one corner of a city, it may be bad public policy to require the cost of replacing that road to be borne by all the property in the city. This is especially true if the property in the rest of the city has already been assessed for similar improvements. - Or, if the central business district or mall of a city benefits from more frequent snowplowing or street cleaning, better lighting, etc. it may not be good policy to have all the city taxpayers share in those expenses. IM DS-7. Community Development Principles (C) Minnesota cities have traditionally been responsible for their own economic growth. During the '60s and '70s, cities promoted development through the use of industrial revenue bonds, tax increment financing, and housing (or mortgage revenue) bonds. Substantial federal grant programs supplemented local resources. The economic realities of the 1980s require even greater efforts by cities in community and economic development. As federal assistance disappears, cities are forced to become more creative in the use and leveraging of available resources. In recent years, the ntate has assisted cities' development efforts through legislation and agency -administered programs, including Minnesota Main Street, Star Cities, Minnesota Housing Finance Agency loan programs, and small business rehabilitation loan programs. State legislaticn must continue to provide maximum flexibility for titles to carry out community development activities. Additionally, the state must actively promote economic development through direct assistance to businesses and more extensive technical assistance to maximize cities' ability to leverage local, state, and federal resources. 1. Protection of cities' ability to finance capital improvements; 2. Management of economic growth to maximize cities' existing capital. investment; 3. Revitalization of cities reversing the trend of d_ iersion of population and economic activity; 4. Recognition and allowance for the great differences between cities regarding their stages of growth and development, demographics, and types of economic activity within and adjacent to their borders; and 5. The Legislature should enable the Small Business Finance Agency to package projects which are approved by local city councils into larger industrial revenue bonds. -9- DF-8. Tax -Exempt Status of land Held by Cities for Development (C) T..e League supports granting unlimited tax-exempt status to property held by cities and their political. subdivisions for later resale to promote economic Up until recently, almost all property owned by political subdivisions was granted tax-exempt status. In 1979, the Legislature changed the law to provide that property held by a political subdivision of the state for later resale fur 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, however, that the property will be taxable if the property is acquired for economic development purposes, and building or other improvements are constructed after acquisition of the property, and if more than _ one-half of the floor space of the buildings or Improvements available for lease to or use by a private individual, corporation, or other entity is leased to or otherwise used by a private individual, corporation, or other entity. The overall intent of the statute is to create an incentive for political subdivisions to engage in economic development activities as well as to promote moving the property back onto the tax rolls. Unfortunately, it does not fully recognize that the process of developing industrial and economic growth, rehabilitating, or building housing may extend over a long period of time. The uncertainty caused by the vague provision on improvements and leasing of one-half of the property discourages cities from being active in establishing;l and maintaining local development corporations, from retaining as much control as possible over their economic development and planning process, and from being - selective as to the type of development which may occur in the city. Cities have every incentive to get property back on the tax rolls as soon as possible. Therefore, the League recommends that the provision concerning one-half installation of improvements ba deleted or at the very least clarified, and that the eight -year limit on tax-exempt status be removed. -10- /1 DS-9. Small Cities Community Block Grant Program (C) 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 environment and expanding economic opportunities, principally for purposes of low- and moderate-ircome," in compliance with congressional intent. The state should maintain the CDBG program balance between cities' economic development needs and the needs of low- and moderate -income people. Cities should retain maximum flexibility in determining how to carry out CDBG program objectives. -11- league of minnesota cities Lug Priority GSGL-1 Tort Liability and Insurance A GSGL-2 Open Meetings A GSGL-3 Mandates B GSCL-5 Purchasing Authority of Plan B Managers B GSGL-6 Towing of Abandoned Vehicles B GSCL-7 State Licensing of Contractors B GSGL-B State Audits and City Financial Reporting Requirements B GSCL-9 Government Training Service B GSGL-10 Charitable Gambling Enforcement Fees B GSGL-11 Joint Powers Act B - c3GL-12 Cable Communications B GSGL-13 Conflict of Interest/incompatibility of Offices B GSGL-14 Absentee Balloting B GSGL-15 Precinct Boundary Changes B GSGL-16 Uniform Local Government Election Day B GSGL-17 Campaign and Finance Disclosure B GSGL-IB Voting Equipment B GSCL-19 Election Day Registration and Administrative Improvements B GSGL-20 Optional Poll Hours C GSGL-21 City Election Campaigns C GSGL-22 Primary Dates C 1 Ci:3i i.inivereiLy avenue east;, st, pni d, " 'Irmo ,0ta 55101 161 2) 227-5600 -13- GS1;1,-1. Tort Liability and Insurance (A) While many debate whether there has been an "explosion," it is fairly well established that the growth of tort litigation over the past saveral 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 the recent insurance crisis. The - League supports reasonable reforms dealing with both sides of the liability insurance issue. The Municipal Tort Liability Act was enacted in 1963 to protect the public treasury while giving the citizen relief from the arbitrary, confusing, and - administratively expensive prior doctrine of sovereign immunity with its inconsistent and irrational distinctions between governmental and proprietary activities. The act has served that purpose well in the past. However, courts frequently forget or ignore the positive benefits secured to citizens damaged by public servants as a result of enactment of the comprehensive act which includes some limitations on liability and some qualifications of normal tort claims procedure. . 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 or local governments and the state. The need for some type of limitations is evidenced by recent experiences with the insurance market. The 1986 Legislature responded to some of these concerns in enacting the _ 1986 Tort Reform Act, but the problems continue to exist and further action is necessary. The League recommends the following changes in the tort liability system: 1. The procurement of insurance should not constitute a waiver of any limitation or immunity provided by law except the dollar limitations and in that event the policy must expressly waive such limitation with specificity. 2. ['unitive damages, intended to punish and deter egregious conduct, have not been effective because the standards of applicability have been too vague. The League does not oppose the total elimination of punitive damages, but would prefer that the Legislature specify that punitive damages may be awarded only when the conduct involved manifests malicious and flagrant indifference to safety, and places monetary Limits on such awards. If however, the Legislature is unwilling to raise the standards for punitive damages, it must address the concern of city officers and employees who may be personally liable and cities should be given the option to either defend and indemnify or not to defend and indemnify its officers or employees for punitive damages claimed and levied against them. Such decisions must be made by the city within a reasonable time after being served with a summons and -14- CSCL-1. Tort Liability and Insurance (cont'd) (A) complaint alleging conduct that may resulL in a punitivr damage claim. The decision of Lhe city should be inadmissable in any trial in which the claim of punitive damages is made. 3. The fault -based system of damage awards has apparently eroded. In order to facilitate the return to a fault -based system, joint liability should be abolished in cases where defendants have not acted in concert and a modified comparative fault system should be used to evaluate the actions of other persons involved with the injury and assess damages in proportion to the amount of each person's fault. If however, the Legislature is unwilling to do this, it should modify the 1986 legislative language dealing with joint liabil.icy to make it apply to all defendants or establish a legislative rationale for having it apply only to governmental entities. 4. In order to protect any enacted legislation from constitutional equal protection challenge, the Legislature should establish rationales defining the problem befnL addressed and the intent of the Legislature. -15- OSGL-2. Open Meetings (A) The League recommends that the. City Officials strongly support the bauic premise of the Open Meeting Law --to assure the public's right to be informed about the conduct of public business. Experience with this law since 1974, however, indicates clearly that there are areas where the legislation should be amended in the public interest. The League believes that thane are certain specific instances where the public interest would be better served by permitting P. local governing body to meet in executive or closed session. These Instances include certain discussions reiating to employees such as "hiring" interviews, discussions regarding the purchase or sale of land for a public purpose, and discussions of information protected under the Data Practices Act. These latter situations are particularly troublesome since it is often necessary for the council to choose between violating either thn Open Meeting Law or the Data Practices Act. Additionally, the League opposes nny legix:lative attempt to alter the recent court ruling that the Ope•i Meeting Law applies only to meetings where a quorum of the governing body or its established committees is present. The ruling clarified the law which was often viewed as applying to any meeting between two office holders. Limiting the application of the law to gatherings of a quorum or more is a common sense approach to irplementing the statute and should not be altered. -16- ^ GSGL-3. Mandales (gl • The League opposes any adds ndnn,min revenue sources to Imol One of the most serious problems facing cities is the growth in the number and cost of federal and state -mandated programs which substitute the Judgments of Congress and the State Legislature for local budget priorities. Recent examples of costly mandated programs include 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 Lhese problems. The League therefore supports the 1985 legislation which requires the state to adopt a policy of deliberate restraint on its mandated programs, including providing a mandatory fiscal note identifying local government costs on any new mandated programs when Lhey are introduced in the legislature and a statement of compelling statewide interest to accompany all state mandates. The League further supports the recently adopted Governor's Adviscry Council on Slate and Local Relations recommended guidelines for mandating for the legislative and executive branches. Revenues or alternative revenue producing mechanisms, other than the general property tax subject to levy 'limits, must accompany new mandates. Also, the Legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. - -17- 1 CSGL-5. Purchasing Authority of Plan B Managers (8) Currently the law allows Plan B city managers to make purchases under $1,000 without council approval. This provision has not been changed for many years and inflation lies seriously eroded the utility of the, provision. The law should be amended to increase the figure to the dollar amounts in the Uniform Municipal Contracting Law which allows purchases under $15,000 to be made relatively easily. GSGL-6. Towing of Abandoned Vehicles (B) The League supports legislation clarifying the authority of cities to impound abandoned motor vehicles. Recently, the Legislature passed Minnesota Statutes 465.75 which prohibits a private vehicle tower from removing a motor vehicle from private property unless fie has the permission of the owner of the vehicle or of the owner of the property. While the intent of this statute to prohibit hawkish towing companies from improper towing practices is laudable, toe ramifications of the law go too far. Cities are authorized to impound abandoned motor vehicles and Minnesota Statutes 168B.04 provides a detailed process to accomplish the removal of health hazards and eyesores. Unfortunately, the recent legislative act could be construed to prohibit cities from utilizing private towers to remove and impound abandoned or Junked automobiles. Cities could be forced to use its own employees and equipment because it is not "in the business of towing." The law should be amended by adding an exclusion for private towers who act at the direction of a city following the procedures prescribed in Minnesota law. -19- GS(;L-7. State Licensing of Contractors (8) The League opposes the_state's tnkeover of trade contractor licensine. Licensing of general trade contractors and various other, activities has long been a local prerogative, and the mechanism for license review, issuance, and enforcement is already in place. The primary reason that local licensing has been successful and therefore maintained at the local level In that Inspection and enforcement personnel reside at the local level, know the area and activities, and are familiar with local ordinance and restrictions, thus providing better and faster enforcement. Suggestions have been made to form a statewide licensing authority and split the revenue among the licensing agency and various municipalities with the cities maintaining enforcement tasks. It is questionable under this arrangement if either the agency or municipalities would have enough funds to accomplish the respective tasks. The current proposals seem to overly complicate the existing system which is effectively regulating the contractors and may result in a reduction of small contractors who operate in only a limited number of communities. GSGL-8. State Audits end City Financial Reporting, Requirements (8) The League supports continuation of the existing auditing and financial reporting requirements for cities. 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 cities. Cities over 2,500 must have annual audits and the state auditor has the authority to audit a city upon receipt of a petition. There is no need to require cities under 2,500 to follow more rigorous accounting requirements than presently exist or to have annual audits. Additionally, the state auditor should not be given the power or responsibility to audit local governments or their instrumentalities. The League supports requirements that provide copies of local audits be sent to the state auditor on a regular basis. The private sector is fully competent to conduct governmental audits and may be more economical end practical than a state agency. -20- CSCL-9 Government Training Service Funding (B) 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 government officials and staff over the past ten years. Both the need and the demand for services are greater than ever during these times of tight budgets. GTS continues to respond on behalf of all local jurisdictions in Minnesota by developing innovative, low-cost alternatives and exploring cost-effective delivery systems. The Legislature should continue state financial support for GTS. GSGL-10. Charitable Gambling Enforcement Fees (B) Since the establishment of the State Charitable Gambling Control Board and liberalization of the charitable gambling permitted within various establishments, there has been a significant increase in local enforcement needs and costs, while the main source of funding these costs, the local license fet., has been precluded by state action from being used. The 1986 legislation authorizing an investigation tee does not raise sufficient revenues to compensate cities for costs of enforcement. GSGL-11. Joint Powers Act (B) In conducting a review of the current act the League urges the Governor's Advisory Council on State -Local Relations or the Legislature to consider the policy behind establishing, such boards and the need to encourage cooperation between governmental units. The main goal of the study should be to encourage the use and establishment of joint power boards. -21- CSCL-12. Cable Communications (B) The League supports continuation of the existing Minnesota Statutes Chapter 238. -' Cities in Minnesotn enjoy among the most modern and technically sound cable communications systems in t1,e world due to strong partnerships and commitments among cable operators slid federal, state, and local governments. These relationships are defined at the federal level by the Cable Communications Policy Act of 1984, at the state level by Minnesota Statutes Chapter 238, and at t1,e local level by local cable franchise ordinances. In 1985, the Minnesota Legislature abolished the Minnesota Cable Communications Board, an appointed body of the Department of Administration which prc;._,gated and enforced Minnesota Statutes Chapter 238 and its accompanying riles. This legislation codifiad some previously existing board rules into statutory form and reassigned responsibility for the enforcement of Minnesota Statutes Chapter 238 from the board to the commissioner of commerce. Minnesota Statutes Chapter 238, in its present form, is very important to local governments because it protects ciries rights to enforce local standards and cable operator commitments for technical, construction, and programming performance. No changes should be made to Minnesota Statues Chapter 238 until a thorough and cooperative effort involving local and state government and cable operators, Is completed. Such an effort should include analysis of present federal and state law and contemporaneous judicial and business environments. lM� CSCL-13. Conflict of Interest/Incompatibility of Offices (B) City and other local government officials have expressed concern over the confusing law dealing with official conflicts of interest. The law is written in such a way that applying it to situations involving both contractual and non -contractual conflict of interest has caused numerous problems. Therefore, the League supports amendments clarifying this area of the law. -22- 11 GSGL-14. Absentee Balloting (11) The League supports the use of punch card voting devices for absentee balloting in henith care facilities and mailed absentee ballots. Currently, the law allows the use of punch card devices for absentee balloting when a voter applies in person to the city clerk or county auditor for an absentee ballot. The League reconnnends that the law be expanded to include use of punch card devices for all absentee balloting, including mailed ballots and absentee balloting in health care faeilltics. School districts ballots are not available the 30 days in advance as required by law due to their filing dates. Filing dates should be changed in order to comply with the Minnesota election law. GSGL-15. Precinct Boundary Changes (B) a Current law requires counties to redistrict county commissioner districts within 180 days after receiving final census figures. Cities are not permitted to change precinct boundaries during a five ]cur period ending January 1 in a year ending in two. Therefore, counties following city ward and precinct lines use old boundaries, which in many cases will need to be changed before the 199 elections. -23- ■ Q GSCL-16. Uniform Local Government Election Day (D) r i The League opposes the designation of a uniform local government election day. Home rile charter cities currently have the authority through their charters to designate when they want to hold their local elections. Statutory cities may establish either ar_ odd or even year November election date. Decisions affecting only local units of government should be made at the local level unless an overriding state interest can be demonstrated. The League believes that there :a no statewide necessity to provide for a uniform local government election. day. However, if the Legislature enacts a uniform local government election day, the following features West be included: 1. Home rule charter cities should retain the option of setting their own election date. 2. Municipal primary elections should continue to be optional. 3. All direct costs of state-man"ted changes and additions to present city election duties should be paid by the state. -24- GSGL-17. Campaign and Finance Disclosure (B) Ti.. tosoon aunnnrts leaio ation which Non 1. Distinctions between types of campaign committees and reporting requirements should be eliminated. 2. The League opposes any state -mandated requirement of candidates for city office to file statements of economic interest. 3. The League opposes campaign contribution limits or reporting requirement.; citizs less than 20,000 population. 4. To the extent permitted by the state and federal Constitutions, individuals who actively seek to influence the nomination, election, or defeat of a candidate or ballot quest_an through the expenditure of their personal funds, or funds they solicit, should be required to make reports to the same extent as corporations, associations, or persons working together. GSGL-18. Voting Equipment (B) -25- GSGL 19 Election nay Registration and Administrative improvements (B) The League supports voter registration prior to election day and encuurages ,_......,,..Ea �,,rranr nvsrem of voter registration. _ .. The following steps would improve the current system: 1. Election day registration and voting should be permitted, but not mandated, to take place in adjacent roams. 2. Require public entities to make available facilities for polling places. 3. Certain penalties for election day infractions are so severe that they constitute a barrier to effective enforcement of the law. The League recommends that the laws he reviewed and modified where necessary so that the laws can be effectively enforced. 4. The League encourages the promotion of pre -election day registration through the media and all. other available means. 5. Permitting election judges to sign ballots prior to sending out absentee ballots. 6. Write-in candidates with less than five percent of tha total vote cast would need not be listed on election returns. 7. Require the use of county registration systems at school district elections when held in conjunction with state or municipal elections ;.nd to follow state and municipal election laws. GSGL-20 Optional Poll Hours (C) 1 Prior to 1983, cities under 1.000 population locate, outside the metropolitan area could by Tesolution fix the poll hours no Later than 9:00 a.m. for a state general election and no later than 5:00 p.m. for a state primary. This flexibility would reduce costs to very small cities. The Lengue also supports legislation for municipalities to set their polling hours by referendum. -26- CSCL-21. City Election Campaigns (C) i The League support extending income tax Candidates should be encouraged to seek broader backing from among constituents. Extending income tax credits or permitting deductions by using criteria for state deductions should be permitted for city election campaigns. CSCL-22. Primary Dates (C) 1. Filing dates for municipal and school district offices should close no less than 45 days prior to municipal or school district elections to provide ample time to prepare and distribute absentee ballots. 2. Changes in the primary dates should consider that filing dates for state and municipal elections should be as uniform as practical. u _27- league of minnesota cities ERILX Title Priority LUEET-1 Wastewater Treatment A LUEET-2 Land Use, Planning, and Annexation A LUEET-3 Solid and Hazardous Waste Management B LUEET-4 Transportation B LUEET-5 Ground and Surface Water Management B LUEET-6 Regulation of Pesticides and Other Chemicals B LUEET-7 Eminent Domain law C LUEET-B Energy Conservation and Production C 1 FJ,"7 university avenue east. st:. Paul, minnesota 55'101 (61 2) 227.5600 -29- LUEET-l. Wastewater Treatment. (A) The League supports increased state and federal assistance, and alternative ...,,...,me_ Which ornvide financine for wastewater treatment construction ects. Clean water is vitally important to the citizens of this country and particularly to residents and visitors of Minnesota. MInnesota's cities remain committed to improving water quality. Unfortunately, the costs involved in providing cleaner water are staggering. Because of the incredible cost, it must he recognized that it is economically impractical to immediately eliminate wastewater pollution. Therefore, all levels of government must take a r:asouably balanced approach to solving the wastewater pollution problem. The ability of cities to comply with any clean water program must be recognized as contingent upon the availability of adequate funds for treatment facilities. Since 1978, federal funding for the wastewater treatment construction grant program has been cut in half. Additionally, the federal share of construction grants dropped from 75 to 55 percent in fiscal year 1985. The same budget constraints facing the federal government exist at the state and _ local level but to a greater degree due to a limited,income base. It is unfair to those city residents who in the past have contributed their federal tax dollars to projects in other locations to he faced with a tripling of the local share for a project in their area. For this reason, if the federal government does not return the federal share for rehabilitation, repair, Upgrading, and new construction of treatment facilities to 75 percent, the state should be the lev^_1 of government to bear the increased burden. Alternatives Co grant programs, such as revolving loan funds are acceptable financing alternatives to the extent that grant programs are not sufficiently funded P-1 t `� the loan program is supplementary to, and not a replacement for, grant programs. Any loan program should take into consideration varying local financial capabilities. The League commends the Legislature for the enactment in 1984 of a separate state grants program and 1985 legislation which increased overall state financing assistance in certain circumstances. lncreased revenues are needed for this program and the. League opposes any reduction in the amount of the cigarette tax dedicated to wastewater treatment funding. The Legislature should increase state -provided financing assistance through a general fund appropriation, state bond proceeds, or other appropriate sources. The League recommends that the Legislature establish an expanded reimbursable grant program using up to one-half of the fords currently appropriated to wastewater treatment. This program, to be offered to communities on a totally voluntary basis, should seek to encourage immediate construction wirh minimal prior review by the Minnesota Pollution Control Agency and provide reimbursement to communities on the basis of proven performance in reducing pollutants in wastewater effluent. The program should be structured to the extent practical to avoid discouraging privatization and innovative treatment methods. -30- LUEET-1. Wastewater Treatment (cont'd) (A) The league supports a full review by the legislature of proposed water quality permit fees and opposes the imposition of these fees on local units of government to the extent that they 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. The League, however, does not oppose financing mechanisms which aeek to equalize past grants with present or future grant programs. It is inequitable and the League opposes efforts by either the state or federal governments to institute enforcement actions or impose increased fees or charges against communities for failure to meet effluent standards while at the some time assigning these communities a low priority on the needs list for state and federal funding. -31- LUEET-2. I•and Use, Planning, and Annexation. (A) In conducting a review of any proposal affecting land use, planning, development, or annexation, the league urges the Governor's Council on State. local Relations or the Legislature to consider that public policies which encourage substantial development in non -urban areas and which extend publi- _ services beyond existing jurisdictions and service areas are wasteful and counter -productive. Additionally, it should be accepted by all that ptice - agricultural land is a major natural and economic resource and any state land use strategy must include as a major objective the preservation of prime agricultural land. _ Particular attention should given to the problem of development and the delivery of governmental services to urbanizing fringe areas. Recommendations and proposals fur statutory change should be presented to the 1987 Legislature. Pending these recommendations, the League urges the Legislature to refrain from amending the state's planning and annexation statutes in any way in the 1987 session. State law should continue to encourage the preservation of prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The state should also encourage local governments to adopt agricultural preservation policies and ordinances. It must also be considered that, even if these steps are taken, a great' deal of development will still occur in the fringe areas sutrounding cities. The League recommends as a long-term goal that state statutes regulating annexation be changed to make it easier for cities to annex this developed or developing land, in order to insure the integrity of our governmental systeue. 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. -32- LUEET-3. solid and Hazardous Waste Management (B) The lea ue supports state programs designed to minimize or eliminate need to landfill solid and hazardous waste. The problem of regulating, controlling, and disposing of solid and ..azardous waste will be one of the major environmental issues of the next decade, both nationally and locally. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and issues raised by the League and local government and we commend the Legislature for its actions. The existing waste management and control system for the handling and disposal of hazardous materials centralizes responsibility at the state level but requires the cooperation and support of all levels of government. The system established for solid waste is more diffuse, relying on cities to control and regulate collection, counties to regulate or operate existing landfills, and the state to coordinate responsibilities and plan for future disposal needs. Both systems have been designed to foster and encourage abatement, recycling, and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. The system has not been entirely implemented as yet, but it appears to be working and therefore the League does not perceive a need for major changes to existing legislation at the present time, but any future legislation that may be considered should enhance and not diminish the emphasis on these concerns: 1. Effective Planning. To the greatest extent possible, all levels and units of government and the private sector should be involved in p..l phases of planning and managing the solid and hazardous waste streams to assure a cost-efficient and environmentally sound solid waste and hazardous waste disposal system. 2. Alternatives to Landfills. The League strongly endorses abatement, recycling, and resource recovery activities and programs to reduce the need for the land disposalof waste. The goal should be to reduce to the maximum extent practical the need fer land disposal of unprocessed solid waste, and to totally avoid the land disposal of hazardous waste. The League would support the eventual prohibition of Jisposal of unprocessed solid waste in landfills as cost-efficient alternatives are developed site funding is provided to cities to implement their responsibilities in a revised solid waste management system. A tax on solid waste deposited in landfills would be supported by the League it the funds derived from the tax would be used to establish a fund to pay for post-clnoure costs of landfills and to finance recycling sod abatemment programs in the political jurisdiction where the tax is derived. .n order to make local waste programs viable, a process for regulating the flow of solid waste must be available to provide a sufficient source of waste for any recovery program or facility. The Leagup also supports the concept that producers of solid waste should pay the true and full costs of solid waste disposal and commends the Legislature for its forward looking initiatives during -33- LUEET-3. Solid and Hazardous Waste Management (cont'd) (n) the 1984 session in which a three -tiered system of fees on land -disposed solid waste was established with the intent of establishing a fee structure based on the type of waste disposed of In landfills. The Legislature should continue to fund educational efforts on the subject of solid and hazardous waste disposal, including alternatives for the disposal of household hazardous waste. 3. Compensation and Incentives for Communities. Waste disposal facilities have many undesirable impacts on "host" communities, and compensation for all direct and indirect costs incurred by the community should ba provided. Direct costs include such things as fire protection, water and sewer services, buffer zone design and amenities, and litter clean-up, while indirect costs include such items as road maintenance, monitoring costs, end -use planning, and city administrative costs associated with the facility. The current authority for landfill host communities to impose a fee op. waste deposited in the landfill should not be reduced. 4. Funding for Environmental, Personal, and Property Damages. Recent studies have indicated that most, if not all, landfills eventually cause groundwater contamination problems. It is largely undetermined at this point what the eventual impacts will be, and in contemplation of this, the League supports a surtax on solid waste going into landfills which will go into a fund dedicated to compensate people or communities injured or damaged by adverse environmental incidents caused by environmental contamination, including real or personal property damage, personal injuries, clean-up activities, and alternative water supplies. S. Clean-up of Hazardous Substance Locations. The clean-up and decontamination of existing hazardous waste sites should continue before there 1 Is further damsFA to public health and environment. If a responsible party can be identified, 0 .. 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. 6. Condemnation Awards. The League cupports legislation ensuring r.hat condemnation awards to compensate for a taking of polluted land are adjusted to accurately reflect the fair market value of the land in its polluted condition rather than its fair market value after pollutants are removed by the acquiring authority. , -34- LUFF.T-4. Transportation (F) 11 An efficient transportation system is a vital element in planning for the fiscal, economic, and social development at state, regional, and local levels. Since the agricultural and recreational economy of the state and its cities are long-rangeuhighlway needsrtoeassureithe vitality ofsthe state'sreconomy. Y• B g g Y Furthermore, environmental concerns and the need to conserve energy require n be utilized in meeting the diverse needs that alternate modes of transportatio which exist in various rnmmunities and regions of the state. In order to provide a more adequate state governmental structure and funding mechanism for transportation system planning and development, the League recommends that the foIlowinG changes be made: 1. Turnbacks. The state Highway Study commission has been studying the possibility of ays in to riate classifications rand ajurisdiction. rTile wincestatea increased cost for cities ptopassumeLL3e responsibility for general maintenance and life cycle treatment far exceeds the . For this reason, no wholesale program current financial capacities of cities of highway turnbacks should be instituted at this time. instead, existing mechanisms for the orderly turnback of roads should he fine tuned, including increasing the level of funding in the municipal turnback accoun, and ations or s by road t unlesstprohibiting a hearingisheld and ltile rroad al eiscbrought upttonits kauthorities normal maintenance standards before the revocation is effective. other changes needed to facilitate turnbacks include: a) State aid rules should be changed to allow counties to upgrade county state aid highways using c.s.a.h. funds prior to turnback with city concurrence and without penalty as currently imposed by the rules; b) Tile League supports use of a portion of the highway motor vehicle excise tax to provide an adequate source for turnback funds, and; c) The League supports allowing cities to determine if a turnback road will be designated as a state -aid road or local street and if the city chooses to designate the road as a state -aid road this designation should not affect the standard designation process so that developing cities will be able to continue to designate a percentage of new road growth as part of the state -old system. 2. An adequate levelof highway user funds should be awin'.ained so that highway maintenance and reconstruction may be continued, and adequate funds be available for the state -aid street program. 3. The League supports the continued dedication of the sales tax on motor vehicle sales for transportation purposes, and advocates the prompt transfer of the motor vehicle excise tax into the highway user and transit assistance fund. -35- LUEET-4. Transportation (cont'd) (D) The Legislature has recently taken appropriate steps in this direction by / increasing license fees and the gasoline tax to maintain this fund. Efforts should be made to eliminate any inequities in the motor vehicle license fee ..- schedules and other vehicle taxes. The League supports legislative efforts to establish a system of direct appropriations to citieo under 5,000 out of the 29 percent county share of the highway user funds at least to the extent that townships receive direct - appropriations, as well as mandatory state guidelines concerning county use of these funds to ensure that all communities within a county receive an equitable share of these funds. Further, the state should establish minimum county funding participation requirements for projects. 4. The special state bonding program should be continued to provide funds for counties, towns, and cities for the replacement or repair of bridges. 5. Mass transit funding should remain a priority for the state. Funding for the existing, level of operation for mass transit should be maintained at a fixed share formula for local governments. 6. The Legislature should continue the Minnesota Department of Transportation as the ride -share program coordinating ager.cy and to provide ndequate funding for its continuation. 7. The possibility and feasibility of utilizing existing railroad trackage as part of a fixed guideway and/or light rail mass transit system should be addressed. if existing railroad trackage/rights-of-way are petitioned for ^. abandonment, these or portions thereof should be preserved by appropriate �! government agencies through alternate public use until rail systems once again become economically feasible or needed because of energy considerations. 8. The Legislature should restore the bikeway grants program in order to promote safety in a growing recreational activity. 9. The League opposes legislation allowing truck tractor and trailer combinations of up to 110 feet on Minnesota highways due to the public entity .. and infrastructure cost problems caused by these trucks, such as off tracking of rear wheels, acceleration distance needs, and time and distance required for passing. -36- LUEET-5. Ground and Surface Water Management (B) In order to safeguard the public health and the environment it is necessary to plan and manage our water resourceu as a valuable state resource. Many watershed districts, counties, cities, and towns have done a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost-effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems instead of establishing a new system or creating new organizations. Local units of government should retain the basic responsibility for surface water management as they are the level of government closest to the problem. In 1982, legislation required local governments in the metropolitan area to adopt surface water run-off controls and regulations; 1985 legislation encourages similar steps to be taken in the non:-metrupolitan area of the state. These statutes should be given sufficient time to work before additional programs or extensive changes to existing programs are enacted by the Legislature. The possibility of intergovernmental conflict should be studied and dispute resolution mechanisms should be reevaluated. The Legislature should provide funds to further encourage counties to undertake water planning activities, and these state funds should be made available to cities that are required to make substantial amendments to local - plans and controls, or that are employed to assist the county in preparation of the comprehensive water plan. Special levies should also be made available to fund water management projects. -31- M LUEP.T-6. gc ulation of Pesticides and Other Chemicals (D) Under current low, the Department of Agriculture is required to regulate the use and storage of agricultural chemicals pre-empting any local regulation in this area. This pre-emption of local control ling caused the granting of licenses by the state for operations which are a threat to the public health and safety of local communities. Therefore, the Department of Agriculture should be required to obtain local consent prior to the licensing of any agricultural chemical storage or distribution center. Also, if the local government unit decides to regulate agricultural chemicals, state regulation should supplement, not pre-empt such regulation. The League encourages tighter regulation of agricultural chemical run-off - from aerial spraying and ground application that may affect water quality, as well as research into the lonh-term effects of the use of agricultural chemicals on the general population. -3d- LUEET-7. Eminent Domain Law (C) The League recommends that the Legislature undertake a thorough study of the eminent domain statutes. The League believes the entire eminent domain process should be critically reviewed and streamlined. This examination should include a re-evaluation of the advisabilit, of an alternative system of review of condemnation awards, for exauple a professional referee, a hearing examiner, etc. rather then 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 may be uned, 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. -39- IUEK'T-8. Energy Conservation and Production (C) The League supports legisiou providing incentives for energy ,.>na„rt{,,., 1n iatherh the ouhlie and nrivate sectors. Overall energy conservation strategies involving the public, private, commercial, and industrial sectors are being developed by cities based on the rationale that conservation efforts achieve the greatest energy savings at the lowest cost. The League believes that a city's individual energy conservation strategy can be accomplished if the Legislature permits or establishes come of the following measures: 1. Retrofit of Local Government Buildings. Local governments and school districts operate nearly 8,000 buildings in Minnesota. Possible energy savings in this sector range from 16 to 67 percent of current energy consumption by implementing operation maintenance changes and capital improvements programs. The League recommends support of the use of special levies to local governments for implementation of energy conservation measures, including building energy audits. This special levy could be designed to complement 1983 legislation authorizing 10-year installment payment contracts for capital equipment or services intended to improve the energy efficiency of municipally owned buildings. It would also supplement the existing special-purpose capital expenditure levy law available now on]- to school districts. 2. District Heating. To promote statewide applications of district :seating technology and to allow communities to make most efficient use of the State District Heating Bond Program, the. League recommends the following; �..' a) The Legislature should provide additional funds or the ability to special levy for conducting district heating fea:ibilfty studies at the community level; b) The Legislature should strongly encourage consideration of district heating potential in the power plant siting process. c) The Legislature should continue to allow use of the State District Heating Bond Program for renovation of existing district heating systems. d) Repayment of state bond issues would follow repayment of local obligations. 3. Low and Moderate Income 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 1n energy conuervation 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 CAP agencies, and; -40- LUEET-8. Energy Conservation and Production (cont'd) (C) c) continued support for the Minnesota Rousing and Finance Agency's loan 1 and grant program for home weatherization. 4. Conservation and Renewable Energy Financing. Declining federal support for implementing conservation and renewable resource projects will place a significant burden on local government attempts to maintain vital services to their rest!„nts and promote community development. The League recommends that cities be allowed to bond and to make a special levy for energy conservation and renewable resource projects. The Legislature should also continue to encourage private sector conservation through tax credits and other incentives and should explore the possibility of expanding incentives for earth -sheltered, super -insulated, and underground development. 5. Local Regulatory Authority. Local governments are in the beet position to asscss 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. -41- Ilil� IIII I�U league of minnesota cities Palit Title Priority PPS -I. Veterans' Preference A PPS-2. Minnesota Public Employment Labor Relsti.ons Act A PPS-3. PERA Benefits, Financing, and Administration B PPS-4. Local Government Pay Equity Act B PPS-5. Military Leaves B PPS-5. Time and Distance Residency Requirements B PPS-7. Unemployment Compensation B PPS-B. One Class of Beer B PPS-9. Firefighter Certification B IPPS-10. Workers' Compensation C PPS-11. Modifications to the State Building Code C i PPS-12. Social Investing C PPS-13. Emergency Medical Services C PPS-14. i Ambulance Drivers -- Training for Driven. C 1 77: 1 i u uvnr!;rtty avenue enst., ,t. p uJ, ini esoca 55101 (6123 227-5600 -43- PPS -I. Veterans' Preference (A) Current statutes entitle a veteran to at least two different hearing procedures to challenge any disciplinary actiun. This is not only grossly inefficient but may also he unworkable since the standards for court review of the decisions of veterans' preference boards and grievance arbitrators vary significantly. The Minnesota Supreme Court in a recent decision also has indicated to the Legislature that these statutes need to be amended. The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment pending the hearing when the veteran does not request a hearing within lU days or when an impartial hearing body determines that the dismissal was for just cause. Currently an employee has 60 days from the date of the employer's notice to discipline or dismiss to request a hearing and if a hearing is requested, there are no time lines for holding hearings or rendering decisions. Under this current system, a termination determination can, and has, taken more than a year, during which the employee receives full pay and benefits. The result is extremely costly to cities, particularly small cities, which often must hire replacement workers for this period. The League's proposal to provide a more expedited process would not infringe on the employee's right to a hearing, but would ensure a more efficient and cost-effective procedure. f PPS-2. Minnesota Public EmploZTent Labor Relations Act (PELRA) (A) Cities in Minnesota are very diverse in their public employment practices. Their ability to deal witil employee strikes also vnries greatly. The history of bargaining in the public sector has indicated that if properly prepared for, even striker. by "essential employees" may not unduly threnten public health and safety. In contrast, the prohibition of the right to strike has forced undue reliance on arbitration, which usually has resulted in large compensation awards to essential employees. For these reasons, the League recommends that legislation be enacted that gives public employers the optic.i of either requesting arbitration within a specific time or ellowing essential employees to legally strike. The 1983 Legislature reduced the period of time 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 but, more significantly, has resulted in cities hiring fewer part-time employees. Additionally, many employees who view their work as temporary or transitory in nature, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Experience with the law over the last two years has indicated general dissatisfaction with the law by every affected party except unions representing . primarily full-time employees. Supervisors of public employees should have their management role ncknowledged and continue to have their status limited to meet and confer. In no event should supervisory or confidential employees be represented by an employee organization which represents the employees Lhe, supervise. Further limitation of the definition of supervisory personnel would mean thnt in all. but city manager cities, no employees could be considered to be supervisory employees for purposes of 1'ELRA. Employees presently have a variety of grievance procedures available to them, including civil service systems, veterans' preference, and procedures agreed to under collective bargaining. It makes little sense for an employee to -45- Public Employees Retirement Association (PERA) -- 1. The League of Minnesota Cities opposes modification of the "high five" formula. The adoption in 1973 of the "high five year" benefit formula for PERA has provided very adequate pension benefits for career municipal employees. Further shortening of the averaging period would create windfalls for some PERA members and multiply opportunities for manipulation of service and salaries to maximize pension benefits without proportional contributions to the fund. 2. Any increases in PERA benefits should be granted only to the extent that proposed contributions and current reserves are sufficient to fully fund the increases in the opinion of one or more recognized pension actuaries who are independent of the PERA organization. Any benefit increase or contribution reductions permitted by excess reserves or excessive currant• contributions or combinations of the two should be of such amounts as to benefit the employer and employee equally as a percentage of overall employee salary. 3. PERA should not be authorized to create any additional health care plans for retired employees. However, direct transfer of premiums from PERA to the Minnesota Comprehensive Health Association should be authorized at the request of any PERA member from the member's own account. The present PERA retirement system in effect provides a cafeteria plan approach to retirement benefits. Those who need a spousal retirement annuity or life insurance coverage can purchase these benefits from PERA accepting actuarially reduced primary retirement benefits. Retirees who are not eligible to remain in the group health insurance plan of the local unit from which they are retiring, can always use their retirement funds to the extent they are adequate to buy health coverage through the Minnesota Comprehensive Health Association for persons that are 65 years of age and less.. Persons 65 and over without automatic medicare coverage can buy that coverage at reasonable cost. 4. If any increase in benefits is enacted for PERA retirees, the resulting costs should not be paid from the PERA fiord, but rather should be financed by a direct appropriation from the state general fund. 5. The LMC supports the continuation of the Minnesota post -retirement investment fund as a means of providing post -retirement increases in the pension benefits of retirees under the statewide pension. funds. 6. No money or funding should be transferred directly or indirectly from PERA to less well funded plans. Since integration of pension fund administration mechanisms may lead to combining the funds, the INC. opposes any move to combine administration of the three statewide pension programs. 7. The Legislature should amend the present provision on disbursement of the two percent tax provision on automobile casualty insurance to allow expenditures by the recipient political subdivision of any excess over the employer's share of police retirement costs for any police department purpose instead of requiring payment to the PERA police and fire fund. -47- _- __ ___ ..-... .........,.o....�.. t+�j -- oenerius rinancin , and Administration (cont'd) (B) Since the PERA police and fire fund has now essentially achieved full funding, employers' and employees' contributions should be reduced to an amount sufficient to pay normal costs. Furthermore, the employer (taxpayers) through payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension purposes. 8. Individual local police and fire relief associations, with city consent, should be allowed to merge into the PERA police and fire funds only if all active members are brought under the PERA benefit structure and if: a) savings will accrue to the city in the opinion of the stare actuary as well as in the opinion of the affected municipality; and b) all actual funding liabilities as calculated by a state actuary which are transferred to or assumed by the post -retirement fund are immediately reiai,ursed to the fund by the transferring city; and c) all actual funding liabilities as calculated by a state actuary which are transferred to the PERA active fund shall he reimbursed to PERA at either the percentage that the PERA police and fire active member fund is funded in the year of consolidation or the percentage that fund was funded on the date of the Moorhead local fund consolidation, whichever is greater; and d) transferring employees shall draw benefits at the PERA level based upon the salary level upon which pension contributions were made. 9. A new defined contribution pension plan for municipal first responderh� •,••a municipal ambulance volunteers who do not receive credit for their ambulance its under any other pension program should be created by legislation. This 1u.:d should be administered by PERA or another administrator on a statewide basis but with full power of the respective local governmental units to chose whether to participate, the level of contribution each year, the source of funding, and the minimum service period to vest benefits. 10. The League opposes any change in the PERA Rule of 90 or the current early -retirement reduction factor. PERA is the only statewide pension fund with members eligible for the Rule of 90 and with a one-fourth percent pension reduction per month under age 65 early -retirement reduction factor. Members have provided substantial service in reliance on these beneficial and purportedly permanent fund features. 11. if the federal government should require all newly hired police and fire personnel to participate in Social Security, current PERA contributions rates and benefits should be halved for affected new hires. 12. The league does not oppose an extension of the "Rule of 85" window to June 15, 1987 to allow teachers to finish their school year. If any extension is granted, all public employees should be treated similarly. Any extension beyond June 15, 1987, should be preceded by an audit of the program to determine the costs and benefits. -48- PPS-3. Public Employees Retirement Associntion tenon) -- oeneuLn, r,,.e„�.,,s, and Administration (cont'd) (B) 13. The PERA and workers' compensation laws should be returned to their pre-1984 status and PERA disability payments should be an offset from required workers' compensation payments to disabled employees. PERA finds it burdensome or impossible to effectively offset workers' compensation disability benefits from PERA disability payments. Proposals to allow receipt and retention of both may provide greater income to disabled workers than to those continuing to work and may this increase malingering. _49- PPS-4. Local Government Pay z4uity Act (8) The 1984 Legislature required all local units of government to conduct job evaluation studies and to implement those studies in order to remedy sex -based differentials in compensation. Cities have expended a great deal. of staff time and money in undertaking the studies and seeking to implement those studies by the 1987 statutory deadline. The primer) .ssue now facing cities, aside from funding the implementation, is ensuring the implemented studies can be maintained. In negotiatio .5 a^' settlements with most employees, the governing body is ultimately responsible for the compensation provided employees. If the governing body, through a settlement with a particular employee class, creates inequity as defined by the statute, it will be responsible for that inequity and ultimately will have to increase or freeze compensation until equity is once again achieved. This is not the case with essential employees organized under the Public Employment Labor Relations Act. These employees, to the extent that agreement with the local government can not be attained, have their compensation established through mandatory binding arbitration. The end result of the interplay between these statutes could be that the overall level of compensation for all employees, not just essential employees, will be set not by the local elected officials required to raise the reveques to pay for employees' w. compensation, but rather by arbitrators. The League strongly opposes any legislation which has the effect of promoting this result, strongly opposes legislation which excludes police, fire, and other essential employees from the pay equity act, and supports legislation which ensures that the local officials charged with setting property tax levels also set local government employee compensation levels. -50- PPS-5. Military Leaves (11) that the statutes be amended Under current law i•.S. i92.26 and 192.261) a city employee, as well as other public employees, is entitled n leave with full pay and accrual of seniority status and other benefits for all the time that employee is engaged in short-term (15 days or less) military service and at this same time receives full military pay. Cities, particularly those which must hire part-time replacement employees when others take military leave, suffer a significant financial hardship not shared by private sector crplo5ars who are not required to provide short-term paid military leaves. Public employees should only be required to pay the difference between the employees military pay and their regular wage for this 15 day period. Any longer leave period should be without pay and the accrual of seniority and other benefits should be suspended for military leaves beyond 30 days. Current law which provides for mandatory leaves and reinstatement after wars, declared emergencies, active duty training, and duty training should be changed to provide for mandatory leaves and reinstatement only after wars and declared emergencies. Employees should not be entitled to leave and be reinstated for active or inactive training duty. PPS-6. Time and Distance Residency Requirements (B) The (' job necessity for certain employees to reside close to the city. In recent years the Legislature has limited the authority of cities and other local units of government to impose residency requirements for their employees. The Legislature has recognized, however, the need for insuring the ability of certain employees to be available to respond to emergency situations. In 1984, in the same bill which prohibited non -metropolitan cities from enacting blanket residency requirements, toe Legislature specifically allowed non -metropolitan cities to enact, reasonable area and response time restrictions if there were demonstrated job necessities for employes to reside close to the city. Unfortunately, a drafting error prohibited metropolitan cities from enacting these restrictions. In 1985, the Legislature acted to allow metropolitan communities to impose reasonable time and distance requirements for volunteer firefighters. The result of the 1984 and 1985 legislative actions is a situation where metropolitan communities still cannot impose reasonable time and distance requirements for their police officers, paid firefighters, or any employee with the exception of volunteer firefighters. The League recommends that the Legislature grant metropolitan cities the same authority granted non -metropolitan cities to impose reasonable time and distnnce 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 t tinder no circumstances be considered as mandatory subjects of collective bargaining. -51- PPS-l. Unemployment Compensation (B) The requalification period for employees who voluntarily quit or are dismissed for cause is too low and should be substantially Increased. In addition, the League believes that individuals who knowingly a, ept temporary employment of specific limited durations not exceeding one year and whose employment is thus ended, should be deemed to have voluntarily ended their employment and thus should be disqualified for certain benefits. The employers involved should not be saddled with unemployment compensation coots for individuals who accept and perhaps even plan for the termination of such employment. Also, students temporarily employed as interns should be ineligible for unemployment compensatiun since the position is primarily an educational experience which by its very nature is net expected to be of indefinite duration. Finally, the current law unfairly treats cities employing part-time police, fire, or park personnel which are required to contribute to unemployment compensation due to termination from other employment even though the psrt-time employment is continued. PPS-8. One Class of Beer (B) establishment of one The establishment of one class of beer problems in controlling the sale of beer in drug stores, and elsewhere where 3.2 beer is establishments would be selling strong beer establishments and municipal liquor stores. -52- in Minnesota would cause substsntirl filling stations, grocery stores, presently sold. Also, 3.2 on -sale in competition with on -sale liquor PPS-9. Firefighter Certification (6) Recent proposals to establish a state professional qualifications board charged with certifying both voluntary and full-time firefighters are unnecessary t,. assure proper training of local firefighters and could too easily be changed into mandatory certificarions programs. The League supports efforts by the state to make training programs more readily available for local firefighters as well as financial assistance by the state to encourage local governments to provide additional training for firefighters. PPS-10. Workers' Compensation (C) Existing workers' compensation statutes create a presumption that heart and lung ailments of police and fire personnel arise from employment. However, personal risk factors, such as smoking, can be more significant in some cases than Job -related factors. For this reason, the League supports limiting the presumption to cases where the employee can demonstrate limited personal risk factors. -53- PPS-11. Modifications to the State building Code (C) PPS-12. Social Investing. (C) Investment management responsibility for public employee pension reserves should be removed from the state Board of Investment and lodged in a politically independent board the membership of which is limited to persons qualified to manage investment portfolios for large pension programs. Cf PPS-13. Emergency Medical Services (C) sources. Cities as a group are the single largest provider of ambulance services in the state and form a vital part of the network of emergency services. To maintain and improve the emergency services network for all residents of the state the Legislature must provide funding for training and equipping emergency medical personnel. State grants and aids should be available to enable all cities to have access to adequate emergency medical services. Additionally, with the increasing interest in paramedic services, the Legislature should assist in providing easily accessible training on a statewide basis at minimum cost in order to meet appropriate qualifVat ions. -54- PPS-14 Ambulance Drivers -- Training for Driver. (C) -55- iiii R ,�n127,51-1111 �U league of minnesota cities Polity Title Prior U RS-1 Municipal Bonds A RS•-2 Special Assessment Financing A F -s4 RS-3 State Administrative Costs A RS-4 Property Tax Reform Aug RS-5 Local Government Aids B W P.S-6 State Funding to Cities B a RS-7 Elimination of Levy Limits B y RS-8 Stability of Revenues B F RS-9 Sales Ratio Study C RS-10 License Fees C`o« RS-11 Equipment Financing RS-12 Railroad and Telephone Taxation C La RS-13 Tax -Exempt Property C Rs-14 Local Option Taxes C 1 f3:) .uiivrn`: pity avenue eae;t„ se. paid, _r57_ne ota 55101 (61 2 227-5600 RS-1. Municipal. Bonds (A) The traditional way of financing most local public improvements and facilities has been, aid will likely continue to be, through the issuance of bonds. But the public bond market is :urdrrgn;ng dr-• is change. Changes in federal tax law will not only restrict local autit, in their ability to issue some beads, but for the first tine_ al..i subject Lne interest earned on certain municipal bonds to an alternative minimum tax. As a result interest rates may have to be higher in order for the public sector to compete with private investments in the taxable bond market. Indeed, the imposition of interest rate limitations in this context could prevent bond sales. It is the League's contention that artificial ceilings on bond interest rates do not effectively hold down interest rates and may, in fact, add somewhat to the costs of bond issuance by the creation cf additional legal and procedural requirements. Interest rates in the bond market fluctuate in response to a combination of economic forces. Local officials must operate within the realities of such a market. Whether or not there is a statutory ceiling, local officials have every incentive to keep issuance costs as low as possible. Therefore, the League recommends that the interest limit be permanently repealed to enable local officials to effectively respond to whatever bond market• changes occur as the .. result of market forces or federal action. -59- RS-2. Special Assessment Financing (A) Special assessments financed by bonds In 1982, the Legislature changed the law governing the statutory interest ceiling for municipal bonds. The revised law, which provides for s floating monthly maximum interest rate, creates a problem affecting the interest rate which a municipality may charge on special assessments. The interest rate which may be charged is determined according to the maximum rate allowed to be paid on municipal bonds "for the month in which the resolution authorizing the special assessment is adnpted." If a city sells the nssessmenc bonds in a later month, the interest rate payable an the bonds may be greater than that allowed extra costs.charged for the special assessment. The city is left having absorb costs. The League recommends that the law be rhanged to ensure that a city may charge an interest rate on special assessments at least one percentage point higher than the rate payable on the bonds which finance the assessment. Special assessments financed internally by a city Currently, M.S. 429.061, aubd. 2 limits the rate of interest on assessments financed out of the general fund to eight percent. Efforts by the 1986 Legislature to change this law have resulted in confusion. 8enefitted property should not receive a windfall from the general land nor should it subsidize the general fund through its assessments. For these reasons, the League supports legislation authorizing general -fund -financed improvements to be assessed with an interest rate at least one percent greater than the maximum interest rate allowable on local obligations as determined monthly by the finance commissioner. Special assessments against state property Current law, M.S. 435.19, provides for the collection of assessments against other governmental jurisdictions. The law basically allows the governmental unit which owns the property to determine the amount to be paid, as well as when it will be paid. This is impractical since it results in interim financing by the local unit of government; the governmentally owned property should be assessed similarly to privately owned property and any law authorizing the state or other governmental units to refuse to pay the assessed amount, or determine the time and amount of the payment, should be repealed. -60- I RS-3. State Administrative Costs (A) programs. When state administrative costs are financed through the local government aid appropriation, funds available for property tax relief are reduced. In 1986 such state costs included $16,000 for the state demographer's offic+:. In addition, while decisions on the necessary staffing and funding levels for state agencies are made by the appro,)riations ccmmittees, tax policy decisions are generally handled by the tax committees. Coordination between committees is often difficult in the final weeks of the legislative session. In a prior year, such coordination problems resulted in nullifying the absolute grandfather clause. 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 and retain responsibility for such provisions as the grandfather clause. -61- RS-4 Property Tax Reform (A) addressed within the above tenets. The League has formed a technical committee to review and respond to the details of major property tax reform proposals as they are proposed, Many significant changes in the property tax system are currently being considered. The 1, ague believes it is critical that any proposal be evaluated on the basis of its impact on individual communities. A proposal that may appear balanced on a statewide basis can have very disparate effects on individual cities. The difference in property tax burdens among taxpayers living in neighboring tar. jurisdictions which provide similar services must also be kept within reasonable limits. Any significant tax burden disparities would adversely affect cities' abilities to compete on a fair basis for residents and economic development. Tax increment districts are dependent on the mill rate and assessment ratins of the current property tax system. The financial viability of those projects should not be jeopardized by state -imposed changes in the tax structure. Likewise, enterprise zone businesses have been recruited based on a commitment that they would receive a preferential classification ratio in the calculation of their property tax obligations. These development districts should be protected from any negative consequences of tax reform. The tax increment financing plan in effect at the time legislation is passed should be the basis for determining remedies. -62- RS-5. Local Government Aid (LGA) (g) local government aid is a major source of revenue which complements cities' other significant revenue source, the property tax. As such, LGA must be distributed among cities in a way which alleviates the problems inherent with reliance on the property tax. Cities vary markedly in their ability to raise money from property taxes. There are also wide variations among cities in their citizens' reeds for services and the costs of providing those services. A complementary revenue source for cities is necessary precisely because a city's ability to raise revenue fLom the property tax does not necessarily coincide with the cost of the services which that city must provide its citizens. Therefore, the LGA formula should reflect both the individual city's need and its local revenue raising capacity. -53- RS-6. State Funding to Cities (B) Property tax relief should _ontinue to be a high priority. Policy makers must recognize that any cuts in funding for cities will likely result in higher property tax lev..ls. For nearly two decaLac, the state has appropriately assumed a role in reducing property tax burdens. A longstanding commitment for such relief has been made to both the public and municipalities. The state must not renege on that promise by proposing reductions in local government aid. Tax and government financing reforms enacted during the past two decades have dramatically shifted the mechanisms for raising revenue away from local government and toward the state. Local governments have thus become heavily dependent on state -collected revenue. With passage of the 1967 Tax Reform and Relief Act, the 1971 Omnibus Tar. bill (the so-called "Minnesota Miracle"), and later tax legislation, the state obligated itself to lower property tax burdens, levy increased sales and income taxes, and use the increased revenue from such yam„ taxes to assume a larger share of the costs of delivering local government services. Q.,• As a trade-off for providing, aid to local governments the state imposed levy limits on local governments end prohibited them from imposing new or increased sales or income taxes. Given such constraints on the taxing abilities of local government and the state's long-standing commitment to provide property tax relief, the League believes it would be wholly unfair to reduce state funding for local governments, particularly at a time when cities' costs are rising and their tax bases are shrinking. -64- C RS-7. Elimination of Levy Limits (B) Cities in Minnesota must comply with multiple limits on their ability to levv taxes. These limits make it difficult for many cities to adequately plan for and respond to changing conditions. Federal cutbacks, skyrocketing insurance costs, costs of comparable worth salary adjustments, and other forces often require cities to re-examine their budgets. Levy limits prevent some local officials from using property taxes as a source of revenue to provide for adequate reserves or absorb increased costs. Local elected officials are accountable to the public and should be entrusted to responsibly use their taxing authority. Cities exist in a very dynamic, changing environment. They are expected to quickly respond to changing federal policies, state mandates, court rulings, and market forces such as those currently shaking the insurance industry. Statewide limits artificially constrain the options available to elected officials and are too inflexible. All cities are subject to a per capita limit outlined in M.S. 275.11. Certain levies are allowed outside this levy limit, but these special levies differ from those contained in other limits. ' Statutory cities are further constrained by a nillage limit on their general purposes levy found in M.S. 612.251. Special purpose levies are allowed outside of this levy limit. Home rule cities may have levy limits 1n their charter. Their charter limits may be affected by M.S. 426.04 if it is less than 13 1/3 mills. Iron Range home rule cities in which more than 25 percent of the assessed value consists of iron ore have special provisions in the statute. Policy makers are most familine with the percentage limit in M.S. 275.51. The 1983 Legislature exempted cities with fewer than 5,000 residents from this limitation. This was a positive step, however, cities of all sizes should be trusted to use their taxing authority. Given uncertainties in state and federal financial aids and the diverse problems and circumstances faced by cities, uniform limits are impractical. These limits ate inconsistent with the principles of local self-government and accountability and should therefore be repealed. -65- RS-8 Stability of State Revenues (g) The reserve should be built up during years of economic prosperity and used only to protect the state budget from unexpected economic downturns, not for tax reductions or expenditure Increases. Such a budget reserve is necessary given the relatively volatile tax bases on which the state currently relies (particularly the income tax and sales tax) and the potential for error in revenue and economic forecasting. in recent years the uncertainty of the state -local fiscall relationship lies made short- and long-term financial planning very difficult at the local level. During the earlier part of this decade, local jurisdictions were left with severe revenue shortfalls and cash flow problems because of the sharp and unexpected decline in state revenue. State aids to local Wrisdictions were cut substantially and aid payments were delayed, often in the middle of the budget year when compensating action was nearly impossible. In addition, cities :mve been unable to plan their budgets with any degree of confidence given the major year-to-year changes that have occurred in the overall funding level for local government aid, in the formula used to distribute local government aid, in levy limit laws, and in state property tax �s» relief programs. Cities need to be able to rely on predictable revenue sources that will be adequate to maintain the level of services required by their citizens. Should problems with budget shortfalls persist even after establishment of a budget reserve, the Legislature should consider additional policy options to stabilize state revenues, including: * broadening of the sales tax base to include purchases of some necessities, such as clothing and personal services. Applying the sales tax to some necessities could lead to more stable revenues since demand for such necessities is Likely to continue even during times of economic adversity. * temporary suspension of indexing of the state income tax structure or temporary increases in other taxes (such as the sales tax) in the event of a sizable budget shortfall. * refraining, from further income or sales tax reductions unless it is certain that budget shortfalls will not materialize. -66- RS-9. Sales Ratio Study (C) Various state formulas consider property tax base valuation in distributing aid. Snles ratios are calculpted for each jurisdiction by comparing actual selling prices of properties to the estimated market value assigned by the assessor. These sales ratios are used to equalize assessed values so that all local governments are treated fairly and not rewarded or punished based on their assessment practices. Sales ratios are thus important determinants of the level of state aid received by a community. Yet, in small communities, there are often few sales in a given class of property to permit an accurate determinction of a sales ratio. In these cases, a county -wide average is applied. The county average, however, may be overly influenced by sales in a larger regional center and thus not accurately reflect the experience of smaller cities. RS-10. License Fees (C) The Leeisl.ature should repeal all maximum fee provisiunss off -:ale liquor, on- tc to Witt, few exceptions, the statutes granting authority to issue licenses or permits do not specify maximum fees. Cities should have the discretion to set fees based on their own coats, needs, and standards. Case law provides ample limitntfons on cities' power to set license fees by requiring that revenues produced must be related to the cost of issuing the license and regulating the licensed business. It is inappropriate for the legislature to set maximum fees for off -sale liquor, on -sale wine, bottle club, and Sunday liquor license fees. Cities have acted responsibly in setting on -sale liquor license fees. It makes no sense to grant them that power but deny them the 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. -67- RS-11. Equipment Financing (C) M.S. 412.32 should be amended so that all Minnesota cities are able to Statutory cities, in Minnesota have the power to issue certification of indebtedness, payable in not more than five years, to purchase capital equipment (M.S. 412.301). If the amount of the certificates exceeds one percent of the city's assessed valuation, a reverse referendum provision applies. In 1983, the Legislature granted similar financing, powers to Minnesota's home rule charter cities (M.S. 412.32), without any reverse referendum provision. However, the total principal amount of the certificates (or "capital notes") issued in a fiscal year is limited to no more than one -tenth of one percent of the city's assessed value that year. In many cities, this limit is prohibitively low, and effectively prevents the city from making use of the authority granted in this statute. RS-12. Railroad and Telephone Taxation (C) The existing system for taxation of railroad operating property is not consistent with the taxation of other commercial and industrial properties. The present formula values railroad operating property at about 20 percent of the value which would be determined by a local assessor using generally accepted assessing principles. The League recommends that a new system of property taxation be established which would tax both railroads and telephone companies operating in Minnesota in a manner consistent with the taxation of the commercial and industrial properties. ME RS-13. Tax -Exempt Property (C) One of the glaring inequities in the Minnesota tax system involves local services that are provided free to tax-exempt property owned or used by the state, counties, school districts, regional government bodies, and by certain non -government organizations. It is widely acknowledged that such property benefits directly from government services such as police and fire protection and street services provided by cities. Since there is no legal 'oasis for claiming reimbursement for the costs of such services, they are borne by the local taxpayers. Furthermore, such property is concentrated in certain cities, resulting in a heavy and disproportionate cost burden upon those cities. RS-14. Local Option Taxes (C) The League recommends that cities be given local option to raise other non-traditional revenue sources to enhance local financial flexibility. -69- Policy FL-1. F1: 2. FL-3. FL-4. FL-5. FL-6. FL-7. FL-g. FL-9. FL-10. FL 11. league of minnesota cities Title Federal Tax Policy: Impact on Cities General Revenue Sharing Targeted Fiscal As-istance Federal Deficit Reduction Low- and Moderate -Income Housing Homelessnes Medicare Deductions for City Employees Mandates Stormwater Permits Superfund State and Local Pipeline Safety Control c 1 i13 ui iiversil;y avenue east, st. paul. minnesota 55101 161 21227-5600 -71- FL-1 Federal Tax Policy: Impact on Cities Further, Minnesota cities are concerned about the repeal of the deductibility of state and local sales taxes. As the negative effects of thesa restrictions become evident, LMC urges Congress to re-examine and remove those provisions that hamper the ability of cities in Minnesota to raise revenues and provide for local needs. Passage of federal ta-_ reform legislation vill have profound effects on every coomunity through changes in tax burden for city residents and businesses, and through the imposition of new mandates, and limits placed on the authority of cities to raise revenues. Ironically, the sweeping restrictions on municipal bond authority will not produce revenues to the federal treasury that had been anticipated. Transition rules in the final legislation provide exemptions for many projects that would otherwise be ineligible for tax-exempt financing. The cost of those transition rules actually offsets most of the new federal revenues anticipated as a result of bond restrictions. Yet, the impact of those limits and restrictions will seriously constrain the authority of cities to raise needed revenues to maintain infrastructure and support local econom'c development priorities. The repeal of the deductibility of state and local sales taxes will also increase pressure to turn to the property tax to fund more public services. Retroactive changes in cities' authority to issue tax exempt municipal bonds impose significant restrictions. Redefinition of public purpose bonds reduces the amount of use, benefit or security of the bond by a private entity, from the current 25 percent to 10 percent. Further, any portion of the bond value over $15 million that benefits a non -governmental entity must be authorized under a lowered state per capita volume cap allocation. Earnings on general obligation and revenue bonds are now subject to limits on arbitrage that may be earned and excess arbitrage earnings will have to be rebated to the federal government. The fact that small cities are expected to benefit from exclusions for cities that reasonably expect to issue less than $5 million in bonds per year is not much help when measured against numerous cost increases for new issuance and reporting requirements. The repeal of bank deductibility and the unprecedented taxation of municipal bond interest through the alternative minimum tax will have a dramatic impact on the marketing of municipal bonds and are likely to result in increased bond issuance costs to cities. -73- FL-1. Federal Tax Policy: Impact on Cities (cont'd) r It is estimated that the restrictions and imposition of a lover per capita volume limit on private purpose bond authority will result in the loss of 84 percent of the bond authority available to cities and other units of government in Minnesota in 1986. As a result, cities will face long delays in obtaining appraval of bonds for local projectc. Some needed improvements m2y pimply not be made or when authorized, the projects are likely to have incresa.-_ in cost to the city. Finally, restrictions placed in the bill with respect to real estate investment make it more difficult for cities to meet local housing needs. Such changes are likely to lead to serious problems for cities as the value and financial stability of both commercial property and multi -family housing projects decline. Federal tax reforms also eliminate major tax incentives for the construction of low- and moderate -income housing (and do not seek to compensate for that loss with any increase in federal housing assistance to cities). For all these reasons, as well as for other negative effects of recent federal income tax reforms that have not yet become apparent, the League of Minnesota Cities urges Congress to make necessary changes In the federal income tax provisions to enable cities to meet local needs. -74- 4 FL 2 General Revenue Sharing (CAS) Recognition le the importance programfofpdirect federal assistanceg basic services ttohe local cities. level must be reflected in a program Continued funding is needed along with revised allocation of GRS psyments to provide needed assistance to cities with most needs and the least ability to pay for local services. FFY'87 GRS appropriations are not to be funded through reductions in other programs to aid cities. GRS provides the most efficient program of direct federal assistance to local government, along with the flexibility that permits cities to use GRS funds for needs and priorities determined at the local level. The purposes for which General Revenue Sharing was created remain valid: Direct assistance for general purpose local government to compensate cities for the cost of federal mandates as well as to aid in the funding of local services in areas of national Interest. GRS also provides revenues to assist cities in nationallicies and is overcThose purposes adverseming effects federal o purposeshavespecial meaningforcities where unemployment, and loss of local tax base and real estate values place an unreasonable burden on local taxpayers to fund basic public services. Reauthorization of GRS as an entitlement program is needed; making it subject to annual appropriations aggravates current uncertainty over the future of the program. If funding is not available for a multiyear entitlement, it would be preferable to extend current payments for at least FFY 87 while preparing a transition to a program that recognizes differences in local fiscal capaity and al nd ion at directs mostcassistance otodcities nwith nthe ae greatest needandlthetleasththe resources. -75- FL-3. Targeted Fiscal Assistance The allocation of such federal aid must r,^cogni-e differences among states and direct funding to local unitsof government with ,e most need and the greatest responsibility for the provision and dali•.et, of public services. It is clear that a more precise definition and recognition cf the level of basic local public services and responsibilities must be incorporated into the method of determining the distribution of funds smoug local units of government. The value of federal fiscal assistance to local government also i, +ends on the reliability of funding and the ability of the program to respond to changing local economic and fiscnl cond'.tions. It is imperative that targeted fiscal assistance be enactad as an entitlement to provide continuing federal aid to those cities with the greatest c,ecd where local fiscal capacity is low. The League's support of a more targeted approach to the distribution of direct federal aid to cities is consistent with LMC support of General Revenue Sharing. In the event that Congress fails to reauthorize GRS, LMC urges support for a program of targeted federal fiscal assistance to cities. -76- FL-4. Federal Deficit Reduction Congress is the appropriate representative institution to determine how to reduce the federal deficit while retaining the federal -local partnership and programs to meet the needs of cities. The League strongly urges the President and Congress to work together to develop a balanced plan to raise federal revenues and restrain future expenditures to bring the federal budget into balance within the next three years. Minnesota city officials are also concerned about the use of Highway Trust Funds to balance the federal budget. Such actions break faith with the compact with highway users stating that highway user fees are to be used only for transportation purposes. They should not be used for deceptive efforts at deficit reduction. Rather, such funds must be returned to states in a timely manner with appropriate levels of spending authofrty in keeping with the revenues that accrue to the Highway Trust Fund. Action by the U.S. House of Representatives (in August 1986) to defeat efforts to restore the automatic triggering of budget cuts for cities is encouraging. Such decreases have already produced severe reductions in federal aid to cities; restoration cf automatic sequestering could result in the loss of at least 5.7 percent more in federal funds for cities beginning in October 1986 (as of final snapshot of federal deficit provided on 10/6/86). Such reductions would then occur twice within a single budget year for cities and fail to take into account the impact on cities or their residents. When added to the increase in the cost of new federal mandates; restrictions on cities' authority to raise revenues under new L_ reform legislation; and the record losses already incurred as a result of the sharp decreases in federal funds for cities since 1981, the triggering of a third round of automatic Gramm-Rudman budget cutbacks to citieu would produce sharp decreases in every federal program for cities while protecting 90 percent of total federalexpenditures from such across-the-board reductions. Congressional budget reconciliation action taken to reduce the curr_•nt federal deficit below the Gramm-Rudman target for FFY '87, while welcomed as a move that forestalls immediate additional Gramm-Rudman cuts, does nothing to resolve current federal deficit reduction policy which unreasonably targets 100 percent of federal programs to cities for severe budget reductions while protecting nearly all other federal expenditures fre such across-the-board budget cutbacks. -77- FL-5. Low- and Moderate -Income Nousin Federal housing policy must include continuation of low- and moderate -income housing subsldies and funding for new construction of affordable housing as well as assurance that new federal low-income housing tax credits will be available to encourage investment in such housing projects financed with tax-exempt bonds. Expiration of federal subsidies for low- and moderate -income unite, in combination with the withdrawal of federal tax preference items for investors in those properties, is likely to lead to substantial rent increases without a change in the emphasis of federal housing policy. Displacement of renters who will not be able to afford higher rents will threaten the availability of decent, affordable rental housing in many cities. The analysis of low- and moderate -income housing needs completed recently by the National Association of Housing and Redevelopment Offficfals (N.AHRO) underlines the need for reform of federal housing policy to respond to the increased need for affordable housing in cities. It is estimated, according to NANRO housing statistics, that one out of six households will require such housing subsidies within the next 15 years. Special emphasis must be placed on provision of rental assistance to individuals and families as well as on rehabilitation of single- and multi -family housing units. No sinr,'e approach is spfficient to deal with the wide range of housing needs throughout the nation. Therefore, it is imperative that a combination of federal programs and assistance be supported and that the current decline in the federal role in such housing assistance be reversed. The League urges Congress to provide incentives to owners of private low - and moderate -income housing units to retain that property for such tenants rather than to sell ur redevelop the site. In addition, Congress must extend Section 8 rental subsidies for another 15-year period to provide housing for city residents who are not able to afford unsubsldized rents. The provision of federal tax reform legislation placing multi -family housing bonds under the lowered state volume limits should be reversed. The use of the new federal low-income housing tax credit should be allowed for housing rehabilitation projects and those using federal housing subsidies and loans. There is also a continuing need for federal programs to stimulate constrdction of new affordable housing, to increase home ownership, and to rehabilitate public housing as well as to provide for special as housing needs, such as shelters for the homeless. -78- C FL-6. Homelessness Responses are needed in coordination with those of community -based organizations, churches, businesses, and private foundations. Along with the National League of Cities, the League supports federal efforts in the following areas: emergency assistance, long-term support, and preventive measures. At the federal level, the League supports aid programs to assist local homeless shelters; continuation and expansion of the Emergency Food and Shelter Program; and expansion of demonstration projects to provide for chronically mentally and phys:caLly disabled persons who arc homeless. Deliberate efforts are also needed at the national level to identify and make available surplus federal property and equipment to meet the needs of emergency shelters. Over the long-term, the federal government must promote and insist on the maintenance of the supply of low-income single and family housing. Of equal importance is renewed federal support for rural housing programs to minimize the trend of homeless migration to urban centers. LMC supports NLC policy urging review of Section 504 of the federal Rehabilitation Act to put an end to discrimination against the mentally disabled. Finally, extension of SSI eligibility to three months is needed for homeless people receiving care in Medicaid facilities, along with improvement of pre-release procedures to assure that such benefits continue after discharge, as needed. -79- FL-T. Medicare Deductions for City Employees Congress extended the requirement for Medicare coverage to all newly hired state and local employees, including city election judges, as of April 1, 1986, as part of the FFY'86 budget reconcilliation prccers. Expanding mandatory participation in Medicare for remaining city (and other state and local) employees amounts to levying a new payroll tax. When coupled with deep cuts already made in federal funds to cities for FFY'87, such extended coverage requirements would have an immediate and serious fiscal impact on cities. Application of such a comprehensive mandate has presented cities with unexpected difficulties. Responsibilities for the conduct of elections, for example, is likely to become not only more expenaive but also more difficult to recruit and retain elections judges who will be required to have, Medicare deductions made from their modest level of payment for an essential local government function. Anticipated federal income tax cuts to middle -income employees would be largely wiped out by such requirements. The proposal would more than offset the tax cut anticipated by the four to five million people not currently participating in Medicare. It is estimated that the '8'I cost nationally to state and local government will be $395 million, with an additional $395 million in tax increases for employees. In Minnesota, based on 1985 payroll figures, projected total city payroll cost increases would be at least $14 million next year. FL-8. Mandates Mandates have increasingly become a serious so-irce of conflict between the local and federal levels of government. As the federal role in domestic programs has declined and assistance to cities has been reduced, the cost of such federal requirements has been more difficult to afford at the local level. Often such requirements do not reasonably respond to limited tax base and local needs. In addition, congressional efforts to reduce the federal deficit have passed on new costs to local government including expansion of Medicare coverage requirements for employees sad accelerated payment of social security deductions. Tax reform provisions will also add to costs of issuing municipal bonds. S. 2387 requires both the executive and legislative branches of the federal government to become more aware of the costs to local government of implementing such regulations. The legislation also requires the federal government to direct its attention to ways in which such costs can be reduced. The concept of regulatory relief is welcome aid to dealing with the growth in the number and coat of federal mandates that often overlook local priorities and fiscal capacity. PL-9. Stormwater Permits Primary focus of national pollution discharge standards should be on industrial run-off and areas determined to be causing significant pollution problems in association with such activity. The League also recognizes the seriousness of agricultural sources of such pollution and urges that guidelines be developed to encourage states and cities to undertake action to restrict discharges that exceed national or state pollution standards. The League supports congressional action to modify proposed EPA regulations to require direct consultation with state and local officials in the development of EPA stormwater management policy for state and local government and the involvement of local officials in the development of the state stormwater management plan. Such guidelines would take into consideration geographic variables, costs and benefits and seek to address the most serious pollution discharge problems. Elimination of proposed requirements for cities to obtain permits for every stormwater outfall is essential in the design of an abatement program directed at the most serious stormwater management problems. Cities must not be forced to undertake testing and regulation of stormwater run-off from countless locations. It would b, impossible for the U.S. Environmental Protection Agency to enforce such permit requirements for all locations. FL-10. Superfund The League continues to support the need for a broad -based tax to be imposed on generators, users, and manufacturers of hazardous materials ao well as on other industrial sources of such materials. Such revenues are critically needed to accomplish hazardous waste site clean-up activities. Concern for needed funding makes it imperative that reliable and stable sources of revenue be provided to assure that the EPA -mandated schedule of clean-up is achieved. Congressional action to improve the level of funding and the federal sharing of clean-up costs for abandoned hazardous waste sites is encouraging to cities. Extension of the 90 percent federal cost share for operation and maintenance of clean• -up sites to include treatment and measures required to restore quality of ground and surface water is a major improvement over current provisions. The inclusion of a more realistic timeline of up to 10 years for such activities strengthens the role of the federal government in restoring the local environment. The right of cities to sue for damages to natural resources and to undertake clean-up activities in advance of approval of plane by the state pollution control agency is responsive to cities' concerns for prompt action and the need to protect local residents. The authority of cities to seek recovery of clean-up costs of previously contaminated property acquired by the city is an eessential protection for innocent third parties. New provisions that mandate a schedule of clean-up activities and establishment of funding for sites operated by the Department of Defense is important recognition of the responsibility of the federal government to remove threats to local residents caused by military production or activities within the city. -83- FL-11. State and Local Pipeline Safety Control WHEREAS, the rece : rupture and explosion of a gasoline pipeline in Hounds View, Minnesota, has remonstrated the potentially hazardous conditions of underground pipeline transport of volatile petroleum products through the residential, commercial, and industrial areas of the nation's cities; and WHEREAS, there are nearly 2 million miles of liquid and natural gas pipelines throughout the nation which receive inadequate federal monitoring or inspection and; WHEREAS, current federal law appears to pre-empt state and local authority to regulate the operation, monitoring, transport, and safety of such pipelines; and WHEREAS, federal legislation has been introduced to establish a community right -to -know policy with respect to substances transported through such pipelines and to require the use of monitoring and valve techniques for both new and old pipelines to detect leakage and assure automatic shutdown in the case of such incidents; NOW, THEREFORE, BE IT RESOLVED the National League of Cities should strongly support MR 5401, to amend the Liquid Pipeline Safety Act of 1979 and the Natural Gas Pipeline Safety Act of 1968 to require more stringent testing procedures; increased community notification; installation of automatic shut-off valves on all pipelines; and prohibiting construction of new pipelines within 150 feet of residential, hospital, nursing home, school, or correctional facilities or other permanently inhabited facility. f -84- RESOLUTION NO. 2121 CITY OF MOUNDS VIEW COU14TY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF COMMENDATION AND APPRECIATION TO MATT AND GREG ROWLEY WHEREAS, on the morning of July 8, 1986 the City of Mounds View experienced a catastrophe caused by the rupture of an 8 inch hazardous liquid pipeline running through the City and subsequent explosion and fires resulting in the deaths of two Mounds View residents and severe injuries to a third; and WHEREAS, in response to this incident various indiv`.- duals, organizations, and communities have come to the support and encouragement of the City of Mounds View and the Spano and Balk families; and WHEREAS, Matt and Gregg Rowley offered their time to expeditiously and efficiently deliver to the homes in the affected area the City's Neighborhood Update; and WHEREAS, such a generous gesture deserves public recognition and acknowledgement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View on behalf of the residents of the e City commends Matt and Greg Rowley for their outstanding ® J community service and offers our heartfelt appreciation for e their unselfish generosity. Adopted this loth day of November, 1906. ATTEST: Mayor Linke Councilmember Blanchard Councilmember Haake Councilmember Hankner. Councilmember Quick Clerk -Administrator Pauley 3 1-1 MEMO TO: MAYOR AND CITY COUNCILw FROM: CLEP.R-ADMINISTRATO tw DATE: OCTOBER 8, 1986 SUBJECT: JLN TAX INCREMENT PROPOSAL AT 4807 MUSTANG CIRCLE Attached please find correspondence from Timothy J. Nelson, of JLN Development, indicating their desire to enter into discussions regarding a possible tax increment development at 4807 Mustang Circle in the Mounds View Industrial Park for a proposed office/warehouse/manufacturing facility. It is Staff's sinderstanding that the proposal specifically calls for the development of a building to be used by Chandler -Wilbert Vault Company who will be displaced from their existing Roseville facility as a result of a develop- ment JLN is undertaking in that community. The proposed development has been approved by the Mounds View Planning Commission and was to have been considered by the City Council at n Public Bearing, which was subsequently tabled, due to financial difficulties with respect to the project. It is our understanding that JLN proposes the tax increment financing package in order to resolve those diffi- culties and allow for the project to be undertaken thus, further allowing their Roseville project to'be'completed. Staff would request Council direction desire to review this proposal and consultation from Mr. Walt Hartman, of the feasibility and viability of th posal. DFP/dmm with respect to your authorization to seek Holmes & Graven as to e aforementioned pro- C, JLNDEVELOPt1ENT, INC. 2045 RiceStreet ,�N5 6 76 .. P.a Bnx 1J291 St Paul, A1N55113 .N !o 6121487-3619 RECEIV�� October 3, 1986 1110 SYf �ti Mr. Donald F. Pauley Clerk -Administrator Mr. Steven W. Thatcher Director of Public Works/Community Development CITY OF MOUNDS VIEW 2401 Highway 10 Mounds View, MN 55112 RE: Proposed Office/Warehouse/Manufacturing Development at 4807 Mustang Circle, Mounds View Dear Mr. Paul.ey and Mr. Thatcher: As a follow-up to our recent discussions concerning our proposed industrial development project•at•the above - mentioned location, we have prepared the enclosed Development Proposal Summary concerning that project and our intention to seek Tax Increment Financing for the same. We understand and anticipate that a separata tax incremerrc financing district would need to be established in the area of this site, and as we have discussed, there appears to be factual and legal basis for the creation of such district. We look forward to discussing this matter with you and Walt Hartman in the very near future. Sincerely, JLN DEVELOPMENT, INC. Tmhsn CWF/kj Enclosure REAL ESTATE DEVELOPMENT DEVELOPMENT PROPOSAL SUMMARY By: JLN Development, Inc. (Developer) 2055 North Rice Street St. Paul, MN 55113 To: City of Mounds View (City) Project: Office and Warehouse/Manufacturing facility Site: Approximately 10 acres, located at 4807 Mustang Circle in the Mounds View Industrial Park #3 (See attached plat map). DESCRIPTION OF PROPOSED DEVELOP14EIlT The Developer proposes the development of a 40,700 square foot office and warehouse/manufacturing facility at the above -mentioned location. The project will also include an auxiliary storage building of approximately 5,000 square feet and ninety (90) parking stalls. The site is approximately 10 acres in size, however, the project will utilize less than 3 acres of developable area. The remainder of the site consists of wetlands and peat -type soils. The Developer expects that the facility will be utilized as a corporate headquarters and manufacturing/warehousing facility by a single tenant or ow::(jr. The proposed development is snore specifically described and depicted in the site and building plans submitted in connection with this summary. CITY APPROVALS AND ASSISTANCE The Mounds View Planning Commission recommended approval of the development at its meeting of June 4, 1986 (Planning case #192-86), but City Council consideration of the proposed development was subsequently postponed at the request of the Developer. The Developer will seek site plan and special use permit approval from the City Council in the near future. In addition, and as an essential part of the development of the property, the Developer will seek tax increment financing from the City in the sum of $400,000.00. The tax increment financing would be based upon an agreed tax valuation for the improvements to the property in the range of $1,750,000.00. The Developer feels that tax increment financing in this amount is economically vica..a within the present standards permitted by law and is consistent with tax increment financing presently available through other communities in the immediate area. The tax increment financing which the Developer is requesting is necessary for land acquisition and site preparation. The Developer would suggest that a sale/buy back approach be utilized in connection with the tax increment financing, and would be in a position to provide the City with proposed forms of agreement for use in connection therewith. CONCIfJ&ION The foregoing constitutes a very brief summary of the basic elements of the Developers proposal for development of the noted property. We shall look forward to discussing these matters with the City and its representatives in greater detail. : i P tf.al�� a 7977s _ -I :r• 31f oo "� fW --- �r---------- ' — i.Plkt V r � N • at°f� U M1 7� •� • TTl.. o �,�~ 8 i NpUS�R ppR 4 5 MEMO TO: Clerk -Administrator and City Council / i FROM: Director of Public Works/Community Developmen DATE: October 30, 1986 SUBJECT: HOWARD KUTCHER VARIANCE REQUEST PLANNING CASE NO. 198-86 Attached please find the following: (1) My September 25, 1986, memo to the Planning Commission and its attachments. (2) Minutes of the Planning Commission's October 15, 1986, meeting. The Planning Connnission denied Mr. Howard Kutcher's variance request. The Planning Commission then voted on a motion to recommend to the City Council that the maximum size of garages be increased from a 3-car garage to a 4-car garage, I am not sure if Mr. Kutcher will be present on Monday night. I have been unable to reach him by phone and he has not sent a letter indicating that he will appeal the Planning Commission's denial of his variance request. Staff requests Your direction on increasing the maximum size for ., a garage. .L SWT/bac 4L PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, t4INNESOTA Special Pteeting October 15, 1986 Mounds View City Hall Mounds View, MN 55112 ------------------ 2401 Hwy. 10, The Mounds View Planning Commission was called to order by Chairman Mountin at 7:40 p.m. on Wednesday, October 15, 1986. MEMBERS PRESENT: Commissioners Zollner, biller Fors and and Chairman Mountin. ALSO PRESENT: Public Works/Community Develop- ment Director Thatcher. 1. Call to Order 2. Roll .all Motion/Second: Miller/Forslund to table 3. Approval of approval of the minutes until the next Minutes: August 21, 1986 regular meeting.�e tember 3, 1986 6 tember 17, 1986 4+ Motion Carried a 4 ayes 0 nays i There were no citizens requests or comments 4. Residents Reand from the floor. Comments from the Floor Director Thatcher reviewed the request of 5. Howard Kutcher Howard F. Kutcher for a variance. Mr. Kutcher Case 198-86 proposes to construct a 480 square foot addition to his existing 478 square foot garage bringing the total square footage to 958. Director Thatcher noted that City Code Chapter 40.09, Subd. C(1)c, states that in an R-1 District no garage shall exceed 864 square feet in area. Commissioner Forslund expressed her concern with regard to the health, safety and welfare of the residents at this address due to the fact that the lot is extremely large and on a busy street that has no on -street parking available. Motion/Second: Forslund/Miller to grant the variance and to amend the City Code to allow 4 car garages in an R-1, Residential District. 2 ayes 2 nays Motion Failed Mounds View Planning Commission Special Meeting Commissioners Mountin and Zollner voted against the motion stating they felt there was no demonstrated hardship. Motion/Second: Mcuntion/Forslund to recommend amending City Code to allow 4 car garages. 4 ayes 0 nayes October 15, 1986 Page Two �. ----------------- Motion Carried MotionjSecond: Mountin/Zollner to approve 6. Consideration Resolution No. 175-86 recommending approval of Proposed of proposed Ordinance No. 415 regarding acces- ordinance Amending sory buildings in mobile home parks. Chapter 40, Zoning 4 ayes 0 nays It was noted that the applicant, Mr. Charles Cook, was not present. Director Thatcher reviewed the request of Mr. Cook for a major subdivision (1 log into 16) of the Red Oak Park plat. Motion/Second: Forslund/Miller to adopt Resolution No. 174-86. 4 ayes 0 nays It was noted that the applicant, Mr. Daryl Blasberg, was not present. Director. Thatcher reviewed the request of Mr. Blasberg to vacate a portion of the City sewer easement located at 8106 Groveland Road. Motion/Second: Miller/Zollner to adopt Resolution No. 172-86. 4 ayes 0 nayes Motion Carried 7. Charles Cook Case 184-86 Motion Carried 8. Daryl B1aGberg 8106 Groveland Rd., Case 191-86 Motion Carried Directer Thatcher reviewed the request of JLN 9. JLN Development Development for P.U.D. approval to construct Pinecrest Proper- 231,000 square feet of office/service; 481,000 ties, Case 199-86 square feet of light industrial; and 4,000 square feet of restaurant. Mounds View Planning Commission October 15, 1986 Special Meeting Page Three Motion/Second: 2ollner/Miller to adopt Resolution No. 173-86. 3 ayes 1 nay Motion Carried Commissioner Forslund voted against the motion stating that she cannot support a development plan which is geared more to the north res.dential area than south toward Highway 10. She felt the I-1 zoning was a togetherness with the residents and noted the Council minutes, dated May 29, 1984, established an 1-1 zoning with no impact on the R-1 District, which Councilmembers Blanchard, Hcnkner and Linke voted for. She also noted that this brought the I-1 property in conformance with the Comprehensive Flan. Councilmember Forslund explained that the JLN Development does not comply with the Comprehensive Plan, which states I-1 Districts shall have no impact on R-1 Districts. Buildings fronting on County Road H-2 will have a County Road 11-2 address, therefore, having a direct impact on the R-1 District. She also explained that drivers (trucks or cars) will be coming to County Road I1-2 addresses directly off of Highway 10, County Road H-2 or I-35W to Quincy Street, and how traffic reaches or leaves their destination will be determined by the driver, not the Developer or the City. Councilmember Forslund reported that the EAW Study for the JLN Developers clearly puts an impact on Quincy Street and County Road H-2. She indicated that Quincy Street will become a collector street rather than a local street. Councilmember Forslund expressed that the residents did bargain in good faith with the Planning Commission and City Council in 1984. She feels that JLN does build a nice development, but would like to see them focus their development more toward Highway 10 rather than fronting County Road H-2. Chairmen Mountion adjourned the meeting at 10. Adjournment 9:52 p.m. Respectfully submitted, Steven W. Thatcher, P.E. Director of Public Works/ Community Development 111,ID) TO: Planning Commission q EROII: Director nr. Public Works/Community Development" I DATE: September 25, 1986 SIIIwix'r: 11011ARD F. KIITCIII•;R V,".PrANCI; RI;01117ST (7070 SILVIiIt LAKE. ROAD) Attached please find a planning application submitted by Howard F. KuLcher. dated SepLember. 15, 1906, for a variance request. Also atLached is a memo to the Planning Commission Crom Mr. Ki trher. Mr. Kutcher is requesting a variance to construct a 480 square foot addition Lo his existing 478 square f:ooL garage. With the proposed addition, I:he total square footage of the garage would be 958 square Feet. City Code Chapter 40.09, Subd. C(I)c, states that in an R-1 DisLrh L no garage shall exceed 864 square feet in area. SI:arf has reviewed the application submitted by tor. Kutcher for 94 square Cool. variance for his garage and recommends that the request be denied due Lo lack of. undue hardship. /bc CITY OF MOUNDS VIEW PLANNING APPLICATION Date Sept. 15, 1986 'PLICANT: Name Howard F. rutcher Phone 786-8108 i Address 7070 Silver Lake Road Mounds View, MN - 55432 Interest in Property (check appropriate box): owner of Record Contractor for Deed Owner Other (Explain) _ Lessee, Operator, Manager Agreement to Purchase Documentary evidence of applicant's interest In the property may be required before floal City action on this request. PROPERTY: Address/General location 7070 Silver Lake Road Mounds View, MN. Legal Owner: Nnme/Address Same Present Use (Check Appropriate Box): Undeveloped/Vacant Apartment Single Family Dwelling Runiness F.sablishment Duplex Dwelling N Industrial Establishment Hultiple Dwelling (3-6 units) Other (explain) Property Classification: ® Abstract ❑ Torrena may—,-j') vnArn� I1. 9-� REQUEST: I hereby declare that the above statements are true FOR OFFICE USE ONLY: RASE FEES" Subdlvialon, Major Snhdlvinlon, Minor Rezoning Conditional Ilse Variance Coda Appeal Alteral.lon Permit ($1.50) ($75) ($50) ($5o) ($50) Sp. oc ($50) _ ($5o) — *Ilnie Feen In parenthesis ore non -re hmdnhle. Park Fond Dedication Date Paid --- Recelpt Number _ ADDITIONAL FEES Reapportionment Puhllc Hearting Notices Staff, Consultant Reviews Miscellaneous Sobtotnt TOTAL FEES Date Paid Recelpt Number / TO: Mounds .View Planning Commission �i`/�G RE: Variance - Maximum Garage Square Footage Gentlemen; We are requesting a variance to exceed the maximum garage square footage by 94 square feet. We need this additional space for a number of reasons have outlined them as follows: A. Securing our personal property B. Having an aesthetically pleasing homestead C. Family and public safety To understand the above points better, let us offer a little family in- .e.�► formation. Our family consists of 5 members, of which 4 drive and have cars, plus we have a company truck and motor boat. Needless to say, we re- quire both indoor and outdoor parking space. At present, we have an attached 2 car garage, this leaves 4 vehicles in the f driveway. Since "on street parkin " is not allowed on Silver Lake Road, this only adds to ie problem. Under your present size limitations, (864 square feet) our maximum garage addition could only be one stall (16 feet) wide. This really does not solve out parking or turn -a -round problem. We are therefore asking that you allow us an additional 4 feet of width to improve out conditions. Please nct= that we are still 30 feet from out property line and do not exceed any other restrictions. In reference to the three aforementioned points, please let me explain further: 6a-4-r �. A. We, like everyone with valued personal property are concerned with its 0"TT77'r security. The additional. space we have requested will help provide that. r.+ttG B. Our family is also concerned about our homes appearance dnd with the ad- ditional width, the overall garage would .look better. Please reference the attached drawings with Drawing IA showing a 201 addition and 18 a 16' addi- tion. After reviewing these drawings, I think you will agree that the extra width presents a better balanced building and more aesthically pleasing addition. C. Now, for the most important point, safety. The more vehicles parked in the driveway, the more problem we have exiting and entering Silver Lake Road. With a full driveway, it is almost impossible to turnaround, therefore the only way out is to back onto it. This creates a hardship and hazardous con- dition under normal times and is worse.during rush hour traffic. There is even groaterdanger,when guests visit our home and must back out onto the roadway since they are not fimilar with traffic conditions and the road lay- out. fr c�rnyu Page 2, cont'd ble will use eand theeMounds vView nCommunity tbe safer aand more iaesthicallythelp this pleasing without compromising the City's building standards. Thank your for your consideration. Sincerely, The Kutcher Family Ile Howard F. Kutcher 7070 Silver Lake Road Mounds View, MN. 55432 _ .am�i�`�iYr.-gcixs c-emu.....,....__. _ ii^^. ��-_�__..-...<.wT+ra+cN.rn�-v^.J^*:v:.++rcrrn-�.,_.•v Noll G.AntA! L. EY. /.S7/NG 6AR46-0- — EL E UA7/4/j A'aw'Y" 7070 31L1/0-4 �Jts Ra. iYJOUNo vital. mini. �uIL /.4 of 2 .kwazlru 70-10 1.71 LI/E 4.� � r w �n �J VN F�C.CSTtL /!a n MEMO TO: Clerk -Administrator and City Council /��A� FROM: Director of Public Works/Community Developme`t DATE: October 13, 1986 SUBJECT: OCTOBER 2, 1986, LETTER FROM R. J. DIMNEEN, DIRECTOR OFFICE OF RIGHT-OF-WAYS AND SURVEYS, MN/DOT Attached please find the subject letter. As tar as I know, the City did not request to purchase the subject land. As far as I can tell, we do not need this land. Therefore, I recommend that we send Mr. Dinneen a letter stating that we do not want or need this parcel. If you have any questions, please contact me. SWT/bac �,\NNESOT9 y0 h �j.or TFP� October 2, 1986 Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 Mr. Steve Thatcher Public Works/Community Development Director City of Moundsview 2401 Highway 10 North Moundsview, Minnesota 55112 In reply refer to: 7300 S.P. 6284 (35W=394) 901 Ramsey County Parcels 84, 85 and 86 Sale of Right of Way Dear Mr. Thatcher: Phone 612-296-8647 �fo Z,rex4 The request of the City of Moundsview to purchase a portion of the State's highway right of way in the SE4 SE$ of Section 8, Township 30 North, Range 23 West has now been approved. The area surplus to our present needs contains 1.63 acres and is shown in red on the enclosed map. An appraisal has now been completed which establishes the fair market value of the subject tract at $152,700.00. Upon receiving payment of this &mount in the form of a city warrant made payable to "rommissioner o£ Transportation - Trunk Hiqhwa Fund" und" we will convey the subject tract to the City of Moundsview "for public purposes". Please note that the tract will have access to Highway Avenue via the adjacent Metropolitan Transit Commission Park and Ride Site. Enclosed is the Legal Description to be used in the State's Quit Claim Deed. Please direct the payment and any questions that you may have to Mr. Ken Kloek, Room 509, Mn/DOT Building, St. Paul, Minnesota 55155 (phone: 296-8647). Sincere .r 1 yiv�-r R. J. Din ee erector Office of Rig t of Way and Surveys Encicsures: Map Legal Description An Equal Oppo-mary Employe, June t5, 1986 RW00027777G DESCRIPTION FOR RECONVEYANCE Parcels 84, 85 and 86 S.P. 6284 (35W=394) 901 All of Tract A described below: Tract A. Quarterpart ofoSectionSoutheast 8, TownshipQuarter North, RangeSoutheast 23We Ramsey County, Minnesota, described as follows: From point on Line 1 described below, distant 554.41 feet easterly of its point of beginning, run northerly at right angles to said Line 1 for 50 feet to the point beginning of Tract A to be described; thence run northerly to a point distant 75 feet southerly (measured at right angles) of a point on Line 2 described below, distant 626.66 feet westerly of its point of beginning; thence run easterly along a line run parallel with and distant 75 feet southerly of 51 Line 2 to its intersection with a lice rur• parallel with and distant 120 feet west of the east line of si Section 6; thence run southerly on said 120 foot parallel line to its intersection with a line run parallel with and distant 50 feet northerly of said Line 1; thence run westerly on said 50 foot parallel line to the point of beginning of said Tract A; Line 1, From a point on the south line of said Section 8, distant 897.5 feet west of the southeast corner thereof, run northwesterly at an angle of 54 degreesi minutes 00 seconds from said south section line (measured from west to north) for 169.29 feet to thel point of beginning of Line 1 to be described; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 126.73 feet; thence deflect t the right on a 10 degree 00 minute 00 second curve (delta angle 35 degrees 10 minutes 52 seconds) for 351.81 feet; thence on tangent to said curve for 35. feet; thence deflect to the left on a 7 degree 00 minute 00 second curve (delta angle 17 degrees 30 minutes 00 seconds) for 250 feet to a point of never curvature; thence deflect to the right on a 7 degree minute 00 second curve (delta angle 16 degrees 48 minutes 00 seconds) for 240 feet and there terminati Line 2. From a point on the south line of Section 9, Townshi 30 North, Range 23 West, distant 80.31 feet east of southwest corner thereof, run northerly at right ang to said south section line for 667.87 feet to the p of beginning of. Line 2 to be descrlhorl; thence def] RW00027777G Parcels 84, 85 and 86--Continued (2) June 25, 1986 to the left at an angle of 90 degrees 00 minutes 00 seccnds for 404.39 feet; thence deflect to the left on a 6 degree 00 minute 00 second curve (delta angle 34 degrees 28 minutes 52 seconds) for 574.69 feet and there terminating; containing 1.63 acres, more or less; Subject to the following restrictions: No access shall bb permitted to Trunk Highway No. 394 renumbered 35W, to Trunk Highway No. 62 renumbered 10 or to Highway Avenue from the lands herein conveyed; except that access shall be permitted along the west line of said lands (over the adjacent lands) to Highway Avenue, between points distant 97.42 feet and 157.42 feet northeasterly of the point of termination of Line 2 described above (both distances measured along said Line 2). 0 6 64 qz R—T :,4 /, -il..: 21 ---- oth., `� i MEMO TO: Clerk -Administrator and City Council � FROM: Director of Public Works/Community Developme✓..y/y DATE: October 13, 1986 SUBJECT: RED OAK DRIVE TURN BACK Ramsey County staff is verbally requesting that the City of Mounds View send Ramsey County a letter stating that we accept Red Oak Drive from T.H. 10 to County Road J as a City street. Attached please find my memo dated October 3, 1985, and Ramsey County Board of Commissioners Resolution No. 85-665 dated October 21, 1985. Ramsey County Resolution No. 85-665 states that Ramsey County Department of Public Works is authorized to mike certain repairs up to a maximum of $3,000.00 on Red Oak Drive. Ramsey County patched the street ir the summer of 1986. The file on this project does not indicate what type of work Ramsey County proposed to do on the drive. Is the work Ramsey County did on the drive acceptable to you and, if so, do you want to send Dan Schacht of Ramsey County a letter indicating that the City accepts Red Oak Drive as a City street? Staff requests direction on this matter. SWT/bac MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Corme-in ".y Development DATE: October 3, 1985 SUBJECT: LED OAK DRIVE FROM TRUNK BIG_8NAY_10 TO COUNTY ROAD J I understand thatlRamse', Coun cuhiect road back to the it County roauS and without approval from the PC I also understand that the county started consi eying t is after the City of Mounds View requested that the county install a stop sign at the intersection of Red Gak Drive and Ardan Avenue. I also understand that the county says that the warrants or needs for a stop sign at this intersection are not met for a county road per county standards. Since the possibility of turn back of the subject road to the City directly affects areas of my responsibility and the budget that I am responsible for, I believe that you would be interested in my opinion on this issue. I fully understand that the final decision is up to you and I will abide by your decision. I would like to rev'p estimated cost of maintaining Rea u priye from Trunk 1liahwav 10 to oun y oa J. The for following c Red Oak estimate summarizes the yearly maintenancdost estimate does not include the cost of recon- Drive. struction The cost of the street and assumes no inflation. ESTIMATED MAINTENANCE ITEM NO. DESCRIPTION COST PER YEAR 1 Snow Plowing ($26,000/yr./33 Miles) $ 800.00 150.000.00 2 Street Sweeping (S5,000/yr../33 Miles) etc.) 1150.00 3 Pot Bole Repair (Labor, Materials, 4 Street Signs 50.00 5 Painting Street Lines 1,400.00 6 Seal Coating - Once every 5 years ($7,000/5 years) 40 1,150.00 7 2" Thick overly - Assume once every Years ($45,600/40 years) that he county could 500.00 8 Storm sewer be liable wfor payingork Assume $10,000 per 20 years ESTIMATED YEARLY MAINTENANCE COST $ 4,300.00 Is FOR !ED OAK DRIVE Clerk -Administrator and City Council Page Two -of Two October 3, 1985 The c0.S_t_QL1fial�ralnu,y aas,�.uLu - - ear). (J the above figures is $129,000 (30 years x $4,300/y There arc appCOXi1n3t"fo 5.5 miles of countre y oads in the_City of Mounds View (Attachment tip. There ace other county roads in th City of Mounds View but they are classified as County State Aid ves money from the State of Highways (CSAH). The county recei Minnesota to maintain these roads and returning the CSAH roads to the City of Mounds View seems unlikely. The county could t-ho" under present state law, turn 5.5 miles of City of noun s View wit ou our approval. This action wouOld seise the cost of maintainin^ the City streets by $? �-� . _ hem ,_< x 30 vearrss This possible shift in tax burden does not seem to be fair to me and I don't think it will seem to be fair to tax payers in the City of Mounds View. I think that the tax payers in Mounds View would want to know how the County Commissioners have voted on this issue. I have heard, although I don't know if it is true, that a majority of the County Commissioners live in St. Paul and a minority of the County Commissioners live in the turning suburbs. Therefore, the voting may back all county roads in Ramsey County to the cities that the county roads are in. This action would 1 , thescitiesave eareupownty erlesseto j large amount of money. App earentlyY �../ stop the county from doing thi:. I�hope that there are some other reasons to allow the county to turn back Red Oak Drive to the Cit-- v otTer an our nee or a Cron sign at Red Oak Drive and Ardan Avenue. I understand that if Red Oak Drive is turned back to the City, the City will want to take the M.S.A. designation off of Jackson Drive and place the M.S.A. designation on Red Oak Drive. If Red Oak Drive is turned back to the City, I recommend that the M.S.A. designation be switched from Jackson Drive to Red Oak Drive. However, by making this switch in M.S.A. designations, we do not increase the revenue to the City for street maintenance. The City is presently receivingg rmaximumgivamount us f maintenance dollars that the M.S.A. p 9am reet maintenance. �, RECOMM ��t I recommend thaw Clty, try to stop t e coun y (/jN/ from turning back Red Oak Drive to the Cit�ackucanno55 e es s seemto outweigh th benefits. I the tur�r stopped_,_ I recommend increasing the budget for street maintenance. �) Ar� I stated-bef:�,Li will abide by your decision. SWT/bac Resolution Board of gamsey Counfy Comm!ssroners Presented By Commiesioner Salvcrda DltE 10-21-85 No. 85i JU- Attention: Budget 6 Accounting; K. Weltzln, County Engineer; Aor Jerry Linke, Hounds View WHEREAS, Red Oak Drive (County Road 126) from State Highway 10 to County Road J, located in the City of Mounds View, is presently under the jurisdiction' of Ramsey County as a county road; and WHEREAS, This portion of Red Oak Drive is functionally classified in the City of Mounds View comprehensive plan as a collector road; a WHEREAS, The Ramsey County Comprehensive Plan recommends that roads which are functionally classified as collector and are under county jurisdiction should be reviewed for their contribution to county residents; and WHEREAS, The City of Hounds View has requested traffic restrictions on Red Oak Drive which would only serve a transport..tion function to the City of Hounds View and not to Ramsey County, and therefore it should be eliminated from the County's Major street rlan; and WHEREAS, Revocation of county roads may be accomplished by resolution of the Board of County Commissioners pursuant to Minnesota Laws 163.11; and WHEREAS, The City of Hounds View has requested certain road repairs estimated to cost $3,962 in conjunction with the county's revocation and turnbackt and WHEREAS, The Ramsey County Public Works Department is willing to perform these repairs during the 1986 construction season; Now, Therefore, Be It RESOLVED, By the Board of Ramsey County Commissioners, that County Road 126 (Red Oak Drive) from State Highway 10 to County Road J is hereby revoked as a county road; and Do It Further RESOLVED, That Red Oak Drive (County Road 126) from State Highway 10 to County Road J is hereby turned over to the jurisdiction of the City of Hounds View effective the date of th;s resolution; and Be It Further RESOLVED, That the Public Works Department is authorized to make certain repairs up to a maximum of $3,000, and the Executive Director is authorized to make the appropriate budget, adjustment; and Be It Further RESOLVED, That tha Public Works Department is directed to prepare a ' "turnback policy" i, conformance with the State Ilighway Jurisdiction Plan when it is accepted by the State Legislature. WRREN W. SCHABER, Chai"" By �—; wr�i � `�``�'"` OW J O , ., C� MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Community Development DATE: October 30, 1986 SUBJECT: PROPOSED ORDINANCE NO. 415, AMENDMENT OF CHAPTER 40 ENTITLED, "ZONING" Attached please find a copy of proposed Ordinance No. 415 regarding permitted accessory uses within mobile hone parks. Also attached is a copy of a letter dated June 10, 1986, that was mailed to owners of mobile home parks located within the City. The Planning Commission at their October 15, 1986, meeting recommended approval of proposed Ordinance No. 415, amending Chapter 40 of the Mounds View Municipal Code regarding permitted uses in an R-5 District. This amendment is being made to clarify what accessory uses are allowed due to the unique nature of manufactured homes. Staff will provide further information at Monday night's meeting. Attachments 0 /^Mounds View Planning Commission Special Meeting ----------------, Commissioners Mountin and Zollner voted against the motion stating they felt there was no demonstrated hardship. Motion Second: Mountion/Forslund to recommend amending C ty Code to allow 4 car garages. 4 ayes 0 nayes October 15, 1986 Page Two Motion Carried Motion Second: Noun tin/zollner to approve 6. consideration ed Resol't on No. 175-86 recommending approval Ordinance Amending of proposed Ordinance No. 415 regarding acces- sory buildings in mobile home parks. 4 ayes 0 nays It was noted that the applicant, Mr. Charles Cook, was not present. Director Thatcher reviewed the request of Mr. Cook for a major. subdivision (1 lot into 16) of the Red Oak Park plat. Motion Second: Forslund/Miller to adopt Reso ut on t:o. 174-86. 4 ayes 1 0 nays It was noted that the applicant, Mr. Daryl Blasberg, was not present. Director Thatcher reviewed the request of Mr. Blasberg to vacate a portion of the City sewer easement located at 8106 Groveland Road. Motion Carried 7. Charles Cook Case 184-86 Motion Carried B. Daryl Blasberg 8106 croveland Rd., Case 191-86 Motion/ST ond. Miller/Zollner to adopt Resolution No. 172-86. 4 Motion Carried ayes 0 nayes Directer Thatcher reviewed the request of JLN 9. pinecrroper- velop Development for P.U.D. approval to construct ties, Case roper- 231,000 square feet of office/service; 481,000 199-86 square feet of light industrial; and 4,000 square feet of restaurant. viie C�� of vounh OAMSEY COUNTY, MINNESOTA 240111IOHWAY TO MOUNDS VIEW, MINN. 55117 15aO055 June 10, 1986 RE: ALLOWED CONS RUI CTION N MOBILE SOME PARKS tIL)UNDS VI The subject of permissable construction within mobile home parks has recently been raised. This letter is to clarify what is allowed and the proper procedure for mobile home owners to follow, Mounds View Building and Zoning Codes allow the follow- ing: 1, One mobile home per lot 2. 61 x 8' entry way addition (for use as an air lock) ft. maximum) 7. Detached storage shed (216 sq. 4. Screened porch 5. Deck 6. Patio The above, if allowed by individual park policy, must be constructed within all applicable buiding and zoning requirements. Construction that is not allowed are building additi-ins that increase living space and garage structures of any type. ' Thr. City of Mounds View will roquire the home owner to t receive permission from the park manager, who has the option of denying any construction. The home owner C would then complete a permit application. (We would like you to please advise the home owner that building permits are required.) If the proposed construction is approved and all fees are paid, a permit will he issued and inspections conducted to help ensure a project that meets code requirements. I. you have any questions, please feel free to contact me. Thank you for your assistance. Sincerely, CITY OF MOUNDS VIEW ii Brian Hoffman Building Inspector BB/bac F- 1 ORDINANCE NO. 415 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE. AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 40 ENTITLED, "ZONING" The Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 40.14, S�,.bd. C, is amended by deleting the following: (1) All permitted accessory uses in an R-4 District. SECTION II. Chapter 40.14, Subd. C, is amended by adding the following: (1) Permitted accessory uses for mobile home and manufactured home parks are limited to: (a) Entryway airlock up to 200 square feet. Entryway airlock exceeding 25 square feet must be engineered to be compatible with existing structure. (b) Detached accessory building (216 square foot maximum) (c) Deck (d) Patio (e) Room addition up to 200 square feet provided that the addition is engineering to be compatible with existing structure (2) Permitted accessory uses for R-5 District uses other than mobile home and manufactured home parks: a. All permitted accessory uses in an R-4 Ditrict. SECTION III. This ordinance shall take effect thirty (30) days after the date of its publication. Read by, the Council of the City of Hounds View on this _ day of , 1986. Read and passed by the City Council of the City of Mounds View this day of , 1986. ATTEST: (SEAL) Mayor Clerk -Administrator / MEMO TO: Clerk -Administrator and City Council ( FROM: Director of Public Works/Community Developmen DATE: October 30, 1986 SUBJECT: DRIVEWAY SURVEY DATED OCTOBER 23, 1986 Attached please find the subject driveway survey. This survey provides some very interesting information on how other cities enforce their City Codes in regards to driveway construction or replacement. Six of the seven cities surveyed indicated that a permit or inspection is not required for driveway construction or replacement. Only the City of Shoreview requires a permit and inspection for driveway construction or replacement. This could be one reason why we have trouble enforcing our City Code in the area of driveway replacement. The survey indicated Maw Brighton, Ardan Hills and St. Louis Park have a zero setback distance for driveways. Six of the surveyed cities have maximum driveway widths at the curb cut varying from 20 feet to 36 feet. Five of the seven surveying cities indicated that if the driveway is destroyed to over 50% of its value, it must be replaced to meet City Code. Approximately, half of the cities surveyed indicated that woodchips or rock could be used next to a driveway and that satisfies City Code requirements. Six of the seven surveyed cities indicated that a property owner can overlay a non -conforming driveway. This survey does not indicate that most all cities approve the installation of a driveway to new houses at the time the owner applies for the building permit. All of the cities enforce this area of their code. Once a new house and driveway are constructed to City Code requirements and the owner receives an occupancy permit, its easy for the owner to widen the driveway on a weekend. This is very similar to the problem we have with filling. Many people fill their yards a little at a time on weekends and we do not know about it. If this survey is accurate for the entire metropolitan area, one could say that most cities to not enforce their City Code in the area of driyeway construction or replacement. Does this mean that we should not enforce our driveway construction requirements: Under present City Code, if an owner overlays a non -conforming driveway and does not destroy the driveway to over 50 percent of its value, we can not force the owner to bring the driveway into conformance because the existing driveway was not destroyed. We would loose in court. Sometimes the non -conforming driveway is non -conforming because the property owner made weekend additions. Property owners do not understand why they cannot replace their existing driveway. We request direction from City Council. CITY OF HOUNDS VIEW ` s DRIVEWAY SURVEY OCTOBER 23, 1985 IS PERMIT OR INSPCC- TIGN REQUIRED FOR DRIVEWAY CONSTRUCTION OR REPLACEMENT? MINIMUM DISTANCE FROM LOT LINE (IN FEET) MAXIMUM DRIVEWAY WIDTH AT CURB CUT (IN FEET) IF A DRIVEWAY IS DESTROYED TO OVER 50" OF ITS VALUE, MUST IT BE REPLACED TO MEET CODE? CAN WOODCHIPS OR ROCK BE USED FOR NON- CONFORMING AREAS? CAN OWNER OVERLAY A NON -CONFORMING DRIVEWAY? c�ti�,,z,x r; _ YES NO 5 0 22 36 YES YES YES YES NO YES HOUNDS VIEW NEW BRIGHTON SPRING LAKE PARK NO 5 22 NO NO YES - - -j' NO 0 UNLIMITED NO YES - I' FROM LOT LINE YES 9 ARDAN HILLS SHOREVIEW YES 5 24 YES -DEPENDING ON LOCAL CONDITIONS- YES YES 7r. NO NO 3 5 FEET - REDUCED TO 32 22 YES YES FNO YES -NO FRIDLEY BLAINE 0' IF NEIGH- BOR APPROVES NO 0 20 YES NO YES ST. LOUIS PARK `.� PROCEEDINGS OF THE CITY COUNC4 CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA __` VF Regular Meeting October 13, 1986 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 --------------------------------------------------------------------••-- The Mounds View City Council was called to order 1. Call to by Mayor Linke at 7:02 PM on Monday, October 13, Order. 1936. The Pledge of Allegiance %as said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Blanchard, Quick, 3. Roll Call Hankner, Haake and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public Works/Community Development Director Thatcher. Motion/Second: Haake/Hankner to approve the 4. Approval of September 22, 1986 minutes as presented. Minutes: September 22, 5 ayes 0 nays 1986 Motion Carried.; Paul Videen, of Midland, Videen and .,ssociates, 5. Residents stated he owns 9 acres of propertv south of the Bel Requests and Rae Ballroom, and he understands the City is talking Comments from about using part of the property for storm water the Floor storage. Ile stated he had spoken with Director Thatcher about combining the water storage in May, but he understands that due to the pipeline situation, nothing has been started yet. Mr. Videen stated he needs a large amount of fill for the property, and he has been offered some from New Brighton, at an extremely good price, and he has submitted his application to the City for a fill permit, but he would like Council action tonight, if possible, as he will lose the fill if he doesn't act on it quickly. Director Thatcher explained Mr. Videen is requesting a fill permit, but this is a fairly complicated issue as the site is in the wetland and food plain. The way the City ordinance reads, a fill permit could not be granted for that site, but in speaking to Attorney Meyers, he feels the City should review it's Mounds View City Council Regular Meeting stance on the flood plain. Mr. Videen stated'he had granted the City an easement on the south and east sides, and in return was pro- vided a ca�lch basin, which in turn created the flood plain area when the street was put in. Attorney Meyers clarified that part of the City improvement did create the wetland on the property. Mr. Videer, stated that since the fill is available immediately, he would like to stockpile it about 20' back from Edgewood Drive, and cover about 24 acres. He added it would not affect the drainage of the area. Councilmember Hankner stated she was concerned with not knowing the whole drainage area and she needs more time to look at it in greater detail. She added she was afraid that hasty action could cause more problems. Mr. Videen replied that 30,000 cubic ieet of fill is very expensive, approximately $100,000, and he coula have it hauled in for $5,500. He added he will lose it if he doesn't take it immediately. Councilmember Blanchard stated the City worked long and hard on the wetland ordinance, and she also would like more time to investigate it before taking any action. Councilmember Quick asked how much of the property is non -wetland, of the 9 acres. Director Thatcher replied approximately half of it, with both the flood plain and wetland being in the middle of the property. He added there is not 21, acres to put the fill on, without requiring Council action. Councilmember Quick asked if Mr. Videen could get permission from Tony Jambor to store the fill on his property, which is adjacent, and the City could require Mr. Videen to post a bond, to allow the fill to be brought in. Mayor Linke stated there are many factors to look at before granting approval. He added the Council wnuld like to find a way around the problem, and stated he would like to discuss it at the next agenda session, and have Staff get all the information together prior to that. Mr. Videen stressed that time is a very big problem, as he must act on this immediately. Councilmember Haake stated she would be willing to call to order on Monday, once Staff has the informa- October 13, 1986 Page Two 10 Mounds View City Council Regular Meeting tion together. Motion/Second: Hankner/Blanchard to have Staff gather all pertinent information for the Council to have a decision, and to have Attorney Meyers get the history and legal information of the property, to be presented at the next agenda session, and to set a special Council meeting for 7 PM, on Monday, October 20. 5 ayes 0 nays Mayor Links introduced the Mounds View Lions Club, specifically Ray Ycung and Mylo Gjerde, who made a presentation to Police Chief Ramacher of stuffed animals to be given to children by the Police Department. Police Chief Ramacher thanked the Lions Club, and explained the animals will be kept in the squad cars, to be given to children the police encounter, who have either been in an accident, abused, or frightened in some way. October 13, 1986 Page Three Motion Carried •- Mayor Linke explained that as the stuffed animals are given out, they will be replaced by the Lions Club, and he also thanked ::ie Lions for their donation. Mayor Linke closed the regular meeting and opened 6A. Public Hearing:'; the first public hearing at 7:32 PM. Phyllis Leenerts Minor Subdivi- Director Thatcher reviewed the request of the sion applicant to divide one lot into two. lie stated it meets all City code requirements, and the Planning Commission has reviewed it and recommends approval. Warren Johnson, 7710 Greenwood Drive, stated he has no objection to the subdivision, as long as whenever the lot is developed it is graded properly, so that the runoff goes toward County Road I and not to his house. Councilmember Hankner explained there is an ordinance in place, the storm water management ordinance, which states that development cannot allow any more runoff than is already there. She added the Council is looking at an overall plan for the entire City, for runoff. Mayor Linke closed the public hearing and reopened the regular meeting at 7:36 PM. Mounds View City Council Regular Meeting Motion/Second: Haake/Quick to approve Resolution No. 2111, approving a minor subdivision for 2609 County Road I, Mounds View Planning Case No. 182-85, and waive the reading. 5 ayes 0 nays Mayor Linke closed the regular meeting and opened the second public hearing at 7:38 PM. John. Hannigan, stating he was representing Kunz Oil Company, explained that in December of 1984, Kunz Oil requested a conditional use permit for remodeling their facilty on Highway 10, and he feels they have complied with all the requirements. He explained they would remove the existing main building and build a new, 19,000 square foot building, and put in new pumps and islands, with new fencing, lighting and so forth. Donald Gross, 8060 Groveland, asked if anything has changed since the original blueprint. Mr. Bannigan replied nothing has ch^aged. Councilmember Blanchard reported the Planning Commission had conducted an informational heari.-.g with the residents of the area, and the residents and Kunz Oil did come to an agreement, which is reflected in this plan. Attorney Meyers explained there is a provision in State law that permits the City to impose a moritor- ium while the Comp Plan is being review. However, this is a pre-existing use, the zoning is proper, the CUP is proper, so the moritorium does not address this specific site. Mayor Linke closed the public hearing and reopened the regular meeting at 7:43 PM. October 13, 1986- Page Four 7. Considera" of Resolu No. 2111 Motion Carried 6B. Public Hearing: K-Gas CUP and Development Review for Gas Station CII Motion/Second: Haake/Blanchard to approve Resolution B. Consideration No. 2112, granting approval to the K-Gas Station, of Resolution regarding Mounds View Planning Case No. 164-84, and No. 2112 waive the reading. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened 6C. Public Hear"v the next- public hearing at 7:45 PM. JLh Develo t Mounds View City Council Regular Meeting Tim Nelson, of JLN Development, introduced their development team and gave a slide presentation of developments they have done in the area and their proposal for their development in Mounds View. Phil Carlson, planning consultant to JLN Development, made a presentation _showing where the area was located in Mounds View, access to it, and presented sketches of the proposed development, showing the layout. Ile also reviewed the planned traffic flow, parking and use of the area. Jim Benshoof, traffic consultant to JLN Development, reviewed the data they have compiled for the traffic flow in and out of the development, and how they anticipate the t::aff_c will flow. Mr. Nelson reviewed the benefits they feel the develop- ment will provide to the City of Mounds View. Councilmember Ilaake asked for a clarification of the number of parking spaces planned for the proposed office and warehouse space. Mr. Nelson explained they had discussed it with Clerk/ Administrator Pauley and Director Thatcher last week and had agreed to provide additional parking spaces if they are needed in the future. Director Thatcher stated he has agreed with JLN to review their plan for parking, but he has not cut down the requirements yet. Clerk!Administrator Pauley stated that based on the numbers presented by JLN last week, it was felt it was workable, and any further development would require t'.:em to come back to the City for further discussion and approval. He added this is a conceptual approval at this time, and they will be in many more times with further details. Director Thatcher clarified that the Planning Commission has not made a recommendation on thi parking yet, and they will be meeting on October 15. Councilmember Hankner stated she feels stop signs would be needed north of the development site, and suggested several locations they should be placed, to keep speed down as cars go through the residential areas. Mr. Carlscn stated he agrees the concern about controlling traffic is very valid, but reminded the Council they are proposing a development within the boundry lines of their property, and they do not have input on what will happen outside the property line, whereas the Council does, and he asked the Council to address the JLN Development itself October 13, 1986 Page Five Mounds View City Council Regular Meeting ------------- October 13, 1966 --------------- Page Six Mayor Linke stated that if the development goes a 50/50 mix of office and warehouse space, it would reduce the anticipated i:raffic flow to and from the area. Kay Radlinger, 2199 County Road 112, stated she can live with the proposed project, but she is concerned about access onto County Road 112, as there are children on Quincy all hours of the day and she does not feel there is a good time for the traffic to go up Quincy at all. She added she does not feel the truckers will obey the signs, prohibiting truck traffic. Mayor Linke replied there are three proposed stop signs to be placed between County Road H2 and County Road I on Quincy, which should significantly slow the traffic. Duane Nelson, 5459 Quincy, stated the people on Quincy were told a few years ago there would be no exit from the development onto County Road H2. Susan Mitchell, 5493 Quincy, stated she does not care how many more cars are projected, she has five children crossing the street all day, and she does riot want the traffic. Betty Wahl, 5425 Quincy, stated she was promised by Steve Thatcher that the development would not be allowed access onto County Road 112. She added she does not want to see an increase in traffic Andrew Hume, 5316 Quincy, presented a petition tv the Council of about 100 signatures, regarding access onto County load H2 and traffic on Quincy. He stated he has two daughters who walk tc school, and the sidewalks are not cleared during the winter, and the children end up walking in the street. Wally Johnson, 2267 County Road H2, stated he was repre- senting his mother at that address. He stated she is not necessarily against the development but he feels it could be done without access onto County Road H2 or using Quincy, and he does not feel the setbacks are wide enough, or the berms high enough. He snagest-ad cutting down on the square footage, to improve the parking situation, and getting access through the vacant property southeast of them, coming off the exit ramp. Mayor Linke explained JLN does not own the property southeast of them, and it is tied up in litigation. He also stated he duabts MnDOT would agree to them tying into the exit ramp. Councilmember Ilankner stated they must keep in mind the health, safety and welfare. in wanting to close off access to County Road H2. Mounds View City Council October 13, 1986 Regular Meeting Page Seven ------------------------------------------------------------------------ Mr. Johnson stated they could have chained accesses, or break -offs, or something similar, for emergencies, and they do not need a through access street. lie added the City could use condemnation to acquire the vacant property for this development. Mayor Linke stated that in addition to part of it being in litigation, the land next to the motel is used as a holding area for the motel. Laurel Larson, of the Mounds View Mobile Home Park, stated they do not have two accesses, and instead have a crash gate as their emergency exit. Russell Paul, 7940 Greenfield, stated he agreed that high berming would be beneficial, and he would like to see a horseshoe effect for the streets, and close off access on County Road H2, and have two signalized intersections on Highway 10. Director Thatcher explained MnDOT will allow only one additional signal on Highway 10 between County Road H and County Road H2. Duane Nelson stated he does not feel one stop light on Highway 10 would be adequate for the amount of traffic going in and out, as is proposed, and many of the people would end up going norta to County Road H2 instead. Mrs. Ratlinger stated she feels access onto County Road H2 and north onto Quincy would benefit the developers only. David Mitchell, 5493 Quincy, stated he feels the developers are deliberately trying to get people to turn out onto Quincy as they leave the development. Mrs. Mitchell stated she feels the community would be too disected with the additional traffic on Quincy. She added there are meetings and activities going on at Pinewood School during other than school hours, and she feels the developers are thinking only of themselves.and recommended they be required to cut out one building, to have room for a turn -around. Jack Johnson, 2211 Highway 10, stated he owns the home adjacent to the proposed development, and he wanted it known that his property is for sale for a fair market value, and he is concerned with being land -locked and devaluation of his property. Joe Ratlinger, 2199 County Road H2, asked who is accountable at the City, as he was told before purchasing his home that no access would be allowed onto County Road 112 when the Property was developed. Mounds View City Council Regular Meeting Councilmember Haake stated she would remember when that was policy in the 1970's, when she was chairman of the Planning Commission, and the intent was to have a ring -road system for any large development. Councilmember Hankner stated the problem is that every- thing is always subject to whatever is planned, and that unless a written document is exchanged, they cannot help what prior information was given out. Director Thatcher stated that back when Pinecrest Properties was being discussed, the developer did not plan on having access onto County Road H2. Councilmember flaake referred to sections of the Comp Plan, .regarding high density residential zoning and traffic. Attorney Meyers pointed out that many years ago, the land was zoned high density residential. Tim Nelson stated he was informed by Staff from the very beginning of concerns with access onto County Road H2, and they tried working a ring -road concept but it would not work. He added that perhaps many of the projects that were proposed before did not follow through because of the traffic flow problems. He added they want to be good neighbors. Mayor Links closed the public hearing at 9:54 PM. Clerk/Administrator Pauley explained a representative from Naegele outdoor Advertising, Inc. was present, in response to the C.ity's stance on political signs. Michael Cronin, of Naegele, explained their billboards are permanent, fixed signs, and at this time of the year, every two years, they have over 250 political billboards in place. He stated that all other communities they deal with regulate these under their codes as billboards, and he asked that Mounds View continue to regulate billboards as billboards and not election signs. Mayor Links explained the City has an ordinance that regulates electioneering signs, and there is a size requirements. Ile added that Mr. Dahl and Mr. Sikorski do not represent this area, and the City does not want these billboards advertising candidates. Ile also explained they are discussing taking billboards out of Mounds View altogether in the future. Councilmember Blanchard pointed out this same issue came up two years ago, and Naegele was cited at that time and paid the fines, and they were aware of the fact it was against City ordinance when they placed the advertisements this year. October 13, 1986 Page Eight Mounds View City Council October 13, 1986 Regular Meeting Page Nine ------------------------------------------------------------------------ �, Mr. Cronin apologized and stated he was present to make an administrative appeal. Ile stated they have not run into this problem anywhere else, and while they were fined two years ago, the problem somehow slipped through the cracks and was not remembered until they received notice from the City recently. Councilmember Iiaake stated she has no problem with a campaign billboard in the City. Clerk/Administrator Pauley stated a warning letter has been issued, giving Naegele 15 days to remove the sign, then a citation will be issued. Councilmember Ilankner stated the City took the stance two years ago, and political billboards do not follow the Code, and she recommended sticking with the Code and implementing the ordinance as it is written today, and then taking the electioneering ordinance under consideration sometime in the future. It was agreed the Council would discuss it further during their next Code review, scheduled for 1987. Councilmember Blanchard asked that Items B and R 9. Approval of be removed from the consent agenda for discussion. Consent Agenda Councilmember Haake asked that Item A be removed for discussion. Motion/Second: Blanchard/Quick to approve the consent agenda, minus Items A, B and R, and waive the reading. 5 ayes 0 nays Motion Carried Councilmember Haake stated that on Item A, the issue was discussed at the agenda session and she had stated then she was opposed to the expenditure of $3,272 for a sprinkler system for the grounds in front of City Hall, as she feels the money could be better used, such as with the increase in oak wilt. She added she feels the hoses and sprinklers can continue to be manually moved around. Councilmember Quick stated he feels this is a good buy for the money, and the system would pay for itself during a dry spell, with the amount of labor that would be involved, and the inflation factor. Councilmember ❑aake reiterated that she felt the funis could be better spent. Mounds View City Council Regular Meeting ------------------------------ Mayor Linke stated they are trying to create an image for the City, and they have received many comments about the flowers that were planted in front, and he feels the sprinkler system would be well worth the money. Motion: Haake to deny the expenditure of $3,272 for an automatic sprinkler system for the front of City Hall. The motion died for lack of a second. Motion/Second: Quick/Blanchard to accept the quote from Aqua Engineering, Inc. for an automatic lawn sprinkler system in the front of City Hall, at a cost of $3,272.00, with the funds to come from the Forestry fund. 4 ayes 1 nay Councilmember Haake voted against the motion, for previously stated reasons. Councilmember Blanchard stated that Items B and R appear to be duplicate items. Clerk/Administrator Pauley requested approval of Item B over Item R, due to the language. Motion/Second: Blanchard/Quick to authorize the installation of underground electrical service by NSP at Groveland Par, at a cost of $9,970.00 to be charged to account r'). 100-380-4513. 5 ayes 0 nays Clerk/Administrator Pauley explained account number 100-380-4513 is the general fund capital improvement account for the Groveland Park tennis courts. Acting Park Director Mary Saarion reviewed her memo of October 9, 1986 to the Council, regarding the Groveland Park tennis courts. Motion/Second: Blanchard/Quick to approve Item R, and authorize Staff to retain Mary Anderson Homes, Inc. for the soil corrections at an amount not to exceed $7,000 including material, and allow Staff to retain NSP to place the utility wires underground at Grove - land Park at a cost of $9,970, with the $13,000 to come from the Park Dedication account and $4,000 from the Groveland Park Foundation Account, no. 100-380-4513. 5 ayes 0 nays October 13, 1986 Page Ten -------- Motion Carried- Notion Carried Motion Carried Mounds View City Council Regular Meeting %�• Councilmember Haake stated she feels JLN is a good development, but she has been concerned about having a ring -road from the very beginning, and she reviewed sections of the Comp Plan which refer to the ring -road concept, including the Development Framework Commercial goals and policies, goal 2, policy G and J, Industrial goals and policies, goal 2F, Residential goals and policies, goal 2, Commercial uses, Transportation goals and policies, goal 8, E and F, Streets and Parking, Collector Streets, and Ring Roads. She stated she would get the information together for the Council that she was referring to. She also added t:iat she feels the intent all along was to have a ring -road system in that area. Councilmember Haake stated she would like more time and discussion on the road alignment and concerns the residents have. She added she likes what th= development will be, and she agrees the property owner has the right to develop his land as best he cam, but they must remember the residents and their concerns. Councilmember flankner stated there is no mandate in the Comp Plan, with the way it is worded, and they need to balance the whole thing out. She stated she feels JLN has done a good job, and she would also like more time to work with the residents and JLN further. She stated she feels the concept is alright, except for the access onto County Road H2. Director Thatcher reported the Planning Commission has not addressed the concept plan, as they did not have a quorum earlier in the month, but the three Commissioners who were present felt it was a good plan, and they do want to discuss the parking again. Attorney Meyers reminded the Council the Planning Commission is an advisory commission only, except for variances. Mayor Linke stated that in visiting with the residents of the area last Saturday, he was told by many that stop signs on Quincy would alleviate their concerns. Councilmember Hankner stated she gets the impression there is mistrust on the part of the residents. Councilmember Quick, stated there is an area of the City that has a ring -road, in Silver Lake Woods, and the same complaints and concerns were expressed by the citizens then, and they are fears of the unknown. Fie stated lie feels stop signs, side walks and so forth will address these problems. fie added that if the area was developed as R1, R2 or R3, they October 13, 1986 Page Eleven 10. Consideration of Resolution No. 2109 Mounds View City Council October 13, 1986 Regular Meeting ------------------------------------------------------------------------ Page Twelve would have a much worse problem, with higher - density per acre. Councilmember Quick stated he feels this is the best development they can get for that site. Motion/Second: Quick/Blanchard to accept Resolu- tion No. 2109 regarding JLN Development, and waive the reading. No vote was taken on the above motion, as Bill Franke, President of JLN Development, stated he has problems with the resolution the way it is worded, specifically with the parking spaces as they are noted, and while they are down to the wire on time, with their option on the property, h3 would like to get together with Staff and work out the final bugs, and then request that the Council call to order at their next agenda session and vote on the resolution then. Motion/Second: Haake/Hankner to table this item until October 20, 1986 at 7:05 PM. 5 ayes 0 nays Motion Carried It was agreed to take the next two items together, 11. Considerat as they address the same issue. of Varianc J Request by Clerk/Administrator Pauley explained the Planning Mr. Young at Commission had denied the variance request of both 2267 Lois Drive ' parties because a hardship was not found. and Mr. Gjerde at 2272 Lois Director Thatcher stated that the Code reads that Drive when a use is destroyed to greater than 50% of it's original use, it must be brought .into conformance when it is replaced, and these two driveways were not. Mayor Linke stated he felt the variances should be given, as they were repairing or replacing an existing condition, not increasing the size. Councilmember Hankner asked why a building permit was not obtained. Clerk/Administrator Pauley explained the contractor did not come in, which is a problem the City has experienced as least a dozen times in the past year, that has been caught. Director Thatcher added that Staff noticed what was being done, as it was being completed. There was considerable discussion among the Council and Staff of the problem of people not taking out Mounds View City Council Regular Meeting -------------------------- the required building permits, and the problems with enforcing it, and that the problem existed - for more than just driveways. Councilmember Hankner stated the problem seems to be not in granting variances but rather in enforcing the code. Clerk/Administrator Pauley responded that it can be no other way than selective, as it would be impossible to enforce any other way as they do not and could not have a Staff large enough to patrol the City and catch everything that was being done, especially on weekends. Councilmember Hankner stated the Council is being asked to not enforce the Code uniformly. Mayor Linke stated he feels personally that because the driveway condition was existing, they should make allowances in the Code to allow for it. Clerk/Administrator Pauley pointed out there is still a Code violation, as they did not get a building permit, and the City must enforce the Code to the best of it's ability. Director Thatcher explained the contractor paid to be licensed, after being caught, and was double - feed, but the building permit was not approved as he did not meet Code. Councilmember Hankner stated they need to discuss enforcement of the Code, and the Code itself. Attorney Meyers advised the Council either change the Code or stick with it, and not grant variances. He explained that if they keep varying it, soon they have no Code at all. tie added he feels these two applicants do not warrant variances. Clerk/Administrator Pauley advised they must look at the entire Code, and not do it piecemeal. Ray Young, 2267 Lois Drive, stated it was not his intention to violate any Code, and he had assumed the contractor was taking the building permit out. Councilmember Hankner explained the Council is not blaming him for not taking the permit out, but the Council must educate the public that building permits are necessary, and it is the ultimate responsibility of the properky owner to insure the contractor is licensed in the City and takes out the necessary permits. October 13, 1986 Page Thirteen •LL Mounds View City Council October 13, 1986 Regular Meeting ------------------------------------------------------------------------ Page Fourteen Clerk/Administrator Pauley stated the common pro- vision for noa-conformance is that it can be maintained, but once it is :08 destroyed, Code `_. takes over and it must be brought up to existing Code. He added it is a common provision through- out the State of Minnesota. Motion/Second: Linke/Hankner to have Staff take some time and get ahold of Blaine, Spring Lake Park, Shoreview and surrounding communities in the Metro area to find out what their feelings are and how they address this issue, for driveways only. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley stated he would place it on the first agenda session in November for discussion. Eric Hanson, 2228 Oakwood Drive, stated he had applied for a permit to replace his driveway and was told he could not do it, as it was, because of Code, and was told he could use w-:.,_:chips or gravel in the areas that would not meet Code. He stated he would rather replace the blacktop with concrete, and asked what would prevent him from replacing one-third of the driveway three different times. Paul Fedor, 2288 Knoll Drive, stated everyone has a weekend project, but it appears most of the problems the City is experiencing is with fly-by-night contractors, and asked if the Council has considered a higher fine. He added he realizes variances are hard to grant, but in this case, both parties were taken by the contractor. Attorney Meyers responded that it is the ultimate responsibility of the property owner, and if citations were going to be issued, they world have to start issuing them to homeowners also, for not insuring that a building permit was taken out by their contractor. Earl Marr, 2265 Lois Drive, stated he is a neighbor of Mr. Gjerde's and he has no objection to the driveway as it was put in. fie also pointed out that Bob Eigenheer was allowed to build Ah' from the property line many years ago, which must have required a variance then. Mr. Paul stated he feels the ordinances are out of line with the people, and he has not heard any constructive reasons why Code requires the driveway to be 5' from the property line, and he asked why the Government should say it has to be 5', and why the people should have to pay a fee to replace something on their own property. r Mounds View City Council October 13, 1986 Regular Meeting Page Fifteen ------------------------------------------------------------------------ Motion/Second: Haake/Blanchard to authorize the 12. Consideration hzring__oF Deanna Mortenson at the rate of $5.00 of Staff Memo per hour as determined as necessary by the Regarding Clerk/Administrator beginning September 22, 1986. Clerical Assistance 5 ayes 0 nays Motion Carried. Motion/Second: Haake/Hankner to have the second 13. 2nd Reading and, reading and adoption of Ordinance No. 411, amending Adoption of Chapter 70 of the Mounds View Municipal Code Ordinance entitled "Municipal Water System", and waive the No. 411 reading, Councilmember Blanchard - aye Councilmember Quick - aye Councilmember Haake - aye Councilmember Hankner - aye Mayor Linke - aye Motion Carried;. Motion/Second: Haake/lIankner to have the second 14. 2ndakdadiu4.and- reading and adoption of Ordinance No. 412, amending Adoption of Chapter 71 of the Mounds View Municipal Code ordinance entitled "Municipal Sanitary Sewer System", and No. 412 waive the reading. Councilmember Blanchard - aye Councilmember Quick - aye Councilmember Haake - aye Councilmember Hankner - aye Mayor Linke - aye Motion Carried '. Motion/Second.: Haake/Quick to have the second 15. 2nd Reading and reading and adoption of Ordinance No. 413, amending Adoption of Chapter 48 of the Mounds View Municipal Code Ordinance entitled "Wetland Zoning Ordinance", and waive No. 413 the reading. Councilmember Blanchard - aye Councilmember Quick - aye Councilmember Haake - aye Councilmember Hankner - aye Mayor Linke - aye Motion Carried . Motion/Second: Haake/Hankner to set an informal 16. Consideration informational meeting for adult foster care of of Staff Memo the mentally retarded and mail notices inviting Regarding Adult residents in the area in question to come and learn Foster Care for about the program directly from the directors, and Mentally set the meeting for 8:00 PM on October 20, 1986. Retarded 5 ayes 0 nays Motion Carried Mounds View City Council October 13, 1986 Regular Meeting Page Sixteen ------------------------------------------------------------------------ At Council's request, Clerk/Administrator Pauley \ stated Staff would do another mailing to the residents involved with the JLN Development, notifying them that it has been continued to October 20. Director Thatcher reported Staff will be meeting 17. Report of with the School District at 9:00 AM on October Public Works/ 15 to discuss the County's proposal to change the Community intersection at County Road I and Quincy and remove Development the stop lights. Director Attorney Meyers reperted Judge Diana Murphy has 18. Report of announced the case on the pipeline shall be ready Attorney to be tried by January 30, 1987. Councilmember Blanchard c "--'id she had attended 19. Reports of the MnDOT public hearing extension of Councilmembers:.' Highway 10. Councilmember Blanchard Councilmenber Quick had no report. Councilmember Quick Councilmember Haake had no report. Councilmem) Haake Councilmember Hankner had no re_oort. Councilmember Hankner Mayor Linke reviewed the pro?osed resolution Mayor Linke from the Ramsey County League of Local Governments committee on court consolidation. He reported they will be having their last meeting on October 15, and are proposing to bring the 5 courts down to 2, to be located in New Brighton and the Maplewood Mall area. Clerk/Administrator Pauley had no report. 20. Report of Clerk/Adminis for Mayor Linke adjourned the meeting at 11:56 PM. 21. Adjournment R sp ctfully bm'tted,, ODo Id F. Pruley Cler Admini t for PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ciiia'_b Speci un it a i� October 20, 1986 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ------------------------------ The Mounds View City Council was called 1. Call to to order by Mayor Linke at 7:05 p.m. Order MEMBERS PRESENT: Mayor Links, Quick, 2. Roll Call Nankner, Blanchard. ALSO PRESENT: Clerk• Administrator Pauley, Director of Public Works/Community Development Thatcher. The first item on the agenda was temporary 3. Temporary fill permit request. The applicant, Fill Permit Mr. Paul Videen was not present fo, this item. Director of Public Works/Community Development Director Thatcher reviewed the matter with the Council including outlining his discussions with Mr. Videen and indicated that a solution could be reached, but that it _ wog -Id take greater time than the one week since this item first appeared before the Council. Councilmember Haake arrived at 7:07 p.m. Council concluded that no action would be taken and that Director of Public Works/Community Development Thatcher was directed to bring the issue back to the Council when progress was wade requiring Council action either with respect to amendment of the wetland designation or the issuance of a fill permit. Director of Public Works/Community 4. JLN Development Thatcher presented a modified Development Resolution No. 2109 approving the concept plan for JLN Development based on modifi- cations requested by the developer and agreed to by Staff. Tim Nelson representing JLN discussed the parking situation and the changes requested by JLN to Resolution No. 2109. Councilmember Haake reviewed areas of the Compre- hensive Plan regarding ring roads and non- residential traffic 0 n residential streets. SPECIAL COUNCIL MEETING OCTOBER 20, 1986 PAGE TWO Counciimember Hankner asked if the Planning Commission reviewed the Compre- hensive Plan as part of their site review and requested chronological information from the Staff on the review process. She further indicated that she and Council - member Quick had "doorknocked" the area and discuss?d with residents their concerns regarding the development proposal. She then listed the advantages and disadvantages she has identified for the project. Mike Johnson, 2165 Belle Lane indicated to the Council that he was concerned about traffic speed and noise on Quincy Street and agreed that the placement of a stop sign at Bronson and Quincy would be acceptable to himself. Russ Pahl, 7940 Greenfield requested that Council consider the intent of the City's Comprehensive Plan rather than the actual words as he felt it was the intent of the Council adopting the Comprehensive Plan to protect residential areas from non-residential traffic.. Dave Mitchell, 5493 Quincy indicated that the street improvements on Quincy and H-2 had created problems by allowing parking on both sides and indicated that he felt the crosswalk on Quincy should have a traffic control located at it. Doris Lelm, 2139 Belle Lane addressed the issue of speeding traffic and hazardous traffic condi- tions. Keith Peacock, 5453 Quincy wanted to know how many businesses would be developed and why the developer needed access onto County Road H-2. He also voiced concern that residential properties in the area are being sold to young families which will mean, more children and therefore greater traffic hazards. Glenn Dawson, 2201 Lambert indicated that his observation, showed that most developments of a similar nature have roads providing no direct access through the entire site and that the road pattern for this development should be modified. L.: e SPECIAL COUNCIL MEETING OCTOBER 20, 1986 - PACE THREE ------------------------------------------------------------ Dave Kraft, 5300 Quincy indicated he felt there should be more accesses to 35W and Trunk Highway 10. Wally Johnson, representing his mother who resides at 2287 County Road H-2 indicated that the developer should make greater use of road designs to direct traffic from 11-2 or discourage it completely. Laurie Shoop, 2186 Lambert indicated that she felt traffic problems had just begun along Quincy Street. Kay Radlinger, 2199 d-2 voiced opposition to access from the development to Quincy and H-1. Leroy Cherin, 5485 Quincy voiced concerns regarding possible truck traffic along Quincy Street. Councilmember Haake offered a compromise for consideration by the City Council redesigning the site and prohibiting access onto Quincy and County Road Il-2. Susan Mitchell, 5493 Quincy voiced concerns regarding ✓ truck traffic and numbers of vehicle trips. Tim Nelson responded to concerns of residents and indicated that the developer Is not interested in a development with ring reads and would withdraw their proposal should no accesc .."lowed onto H-2. Councilmember Haake pointed out that the developer has also requested tax increment financing. The lack of a ring road allowe maximum use of the site and wants the developer to consider some of alter- natives proposed in discussions during the evening. Clerk -Administrator Pauley explained the theory of tax increment financing. Councilmember Haake indicated that if this developer didn't develop then another would. Councilmember Quick and Councilmember Blanchard to approve Resolution No. 2109. Council - member Haake to amend motion to call for one access on Program and one on Jackson with fire barriers at the locations. Notion failed for lack of a second. The vote was 3 to 2 with Councilmembers Quick, Blanchard and Links voting "aye". Councilmembers Haake and Hankner voting "nay". Councilmember Blanchard emphasized this SPECIAL COUNCIL MEETING OCTOBER 20, 1966 PACE. FOUR ------------------------------------------------------------ approval was of a concept plan of verbal approval. Approvals will be needed before the final plans are approved. She felt these problems could be resolved during those discussions. Special Council Meeting recessed at 9:10 p.m. Council meeting reopened at 10:03 p.m. for consideration of Resolution No. 2115 regarding reinstallation of signalized intersection at County Road I and Quincy Street. Motion/Second: Linke/Blanchard to adopt as 5. Motion amended. Carried 5 ayes 0 nays Keith Peacock, 5453 Quincy Street requested time while the Council was still in Special Session to discuss with the Council additional information regarding the JLN Development Proposal. He felt that the residents were not heard and that they feel they were denied their rights. The residents are willing to compromise and can't under- stand why the developer isn't willing to compromise' as well until the need for additional accesses onto County Road H-2 can be proven. Mayor Linke stated he feels the residents weren't willing to compromise because they wanted no accesses onto County Road H-2. Meeting adjourned by Mayor Linke at 10:27 p.m. 6. Adjourn- ment 4Dol ully submitted, . auY minist